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Case 6:18-mj-04156-MWP Document 1 Filed 10/23/18 Page 1 of 11

AO 91 (Rev. 02/09) Criminal Complaint

tlmfltedl States Dflstrflc


forthe Ce r ;: ii ZCItg
Westem District of New York

QEwE^rer.rr,d*
United States of America

v. case No. t8-Mr- 4tfC


GEORGE MOSES,

Defendant

CRIMINAL COMPLAINT

I, the complainant in this case, state that the following is ffue to the best of my knowledge and belief.

On or about the dates of July 25,2018 and July 31,2018, in the County of Monroe, in the Western District
of New York, the defendant violated Title 18 U.S.C. $ 1001, said offenses described as follows:

There is probable cause to believe that the defendant, GEORGE MOSES, did knowingly violate Title 18, United
States Code, Section 1001, by making false statements to Special Agents of the FBI.

This Criminal Complaint is based on these facts:


E Continued on the attached sheet.

Daniel A. Ciavarri, Special Agent,


Federal Bureau of Investigation
Pinted name and title

Sworn to before me and signed in my presence.

Date: octobn L3 ,2olg (]Aan'u, d?rr^lt*


Judge's signature

HONORABLE MARIAN W. PAYSON


City and State: Rochester. New York LINITED STATES MAGISTRATE JUDGE
Printed name and title
Case 6:18-mj-04156-MWP Document 1 Filed 10/23/18 Page 2 of 11

AFFIDAVIT IN SUPPORT OF CRIMINAL COMPLAINT

State of New York )


County of Monroe ) ss:
City of Rochester ) / ?-n3-4tfb
I, Daniel A. Ciavarri, being duly sworn, depose and say:

INTRODUCTION

1. I am a Special Agent of the Federal Bureau of Investigation (FBD and have

been so employed for over 7 years. I have been trained to investigate, and have paricipated

in investigations of, a wide range of federal criminal violations, including fraud and public

comrption. I am empowered by law to conduct investigations of, and make arrests for,

offenses against the United States.

2. This affidavit is made in support of a criminal complaint charging GEORGE

H. MOSES ("MOSES") with violating Title 18, United States Code, Section 1001 by making

false statements to Special Agents of the FBI. The false statements were made in a matter
within the jurisdiction of the executive branch of the Govemment of the United States.

3. The factual information supplied in this affidavit is based on my own

investigation in *ris case, including witness interviews and reviews of records, ffiy experience

andbackground as an FBI Special Agent, and information provided by other law enforcement

officers engaged in the investigation. Because I am submitting this affidavit for the limited
\
pu{pose of securing a criminal complaint, I have not set forth each and every known fact
Case 6:18-mj-04156-MWP Document 1 Filed 10/23/18 Page 3 of 11

known to me relating to this investigation. Rather, I have set forth only those facts that I
believe are necessary to establish probable cause to believe that GEORGE H. MOSES did

knowingly violate Title 18, United States Code, Section 1001.

BACKGROUND

Defendant, the RIIA and the RIIC

4. MOSES resides in Rochester, New York and is the Chairman of the Board of

Commissioners of the Rochester Housing Authority ("RHA") and aboatd member of the

Rochester Housing Charities ("RHC"). He was the chairperson of the board of the RHC
from in or about March 2015 to the fall of 2015.

5. The RHA is located in Rochester, New York. It provides housing opportunities

and services for the Rochester community. It oversees approximately 2,500 public-housing

units, millions of dollars and subsidies for tens of thousands of people. The RHA has an

annual conffact with the United States Department of HoustngandUrban Development from

which it receives millions of dollars.

6. The RHC is located in Rochester, New York. On or about March 20,2013,


the RHA formed the RHC to assist in advancing the purposes of the RHA. On or about
February 12,20L4, the Intemal Revenue Service gtantedRHc tax exempt status as a not for

profit entity.
Case 6:18-mj-04156-MWP Document 1 Filed 10/23/18 Page 4 of 11

'Washineton,
D.C. Firm - Capital Connection Parfiters LLC

7. In 2013, Capital Connection Parmers LLC ("CCP") was formed as a limited

liability company in Washington, D.C. Its alleged mission was to provide premier business

and consulting services to government entities and organizations wishing to conduct business

involving Washington, D.C. and the Federal government. CCP is now defunct and its only

client was the RHC. Lisa Ransom was one of the three parfirers that made up CCP, which

had no other employees.

Adam McFadden and Caesar Development LLC

8. From on or about October 14,20L4, to on or about December 20,2014, Adam

McFadden was the Interim Executive Director of the RHA. On or about Janvary 23,2015,

McFadden incorporated Caesar Development LLC as a limited liability company.

Contracts

9. On or about J:uly 7,2015, the RHC entered into an $87,500 one year conffact

with CCP ("the RHC and CCP Conffact"), which provided that CCP would perform various

services for the RHC, including (a) advocatrng at the local, state and federal level of

govemment for policy and legislation, reviewing best practices, and issuing presentations to

elected officials, and (b) finding self sufficient resources to include creating entrepreneudal

opporfunities and workforce development, developing revenue streams for residents, and

applying for federal home loan bank grants.

10. On or about July 8, 2015, McFadden, on behalf of his company, Caesar

Development LLC, executed a contract with CCP entitled the Pass Through Funding and
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Services Agreement (the "McFadden Pass Through Agreement"), which provided that CCP

would pass throughTl% of the funds it received from the RHC to Caesar Development LLC.

FALSE STATEMENTS

11. OnJuly 25,2018, SpecialAgents ofthe FBI, includingyour afftant, interviewed

MOSES at the RHA regardrngthe RHC and CCP Conffact and the McFadden Pass Through

Agreement. During that interview, MOSES made the following false statements:

(a) When asked how RHC learned of CCP, Moses stated he could
not recall specifically who brought CCP to the attention of the
RHC.

(b) When asked whether he knew if CCP had any subconffactors


doing work under the RHC and CCP Contract, Moses stated that
he was unaware of any sub-conffactors that CCP utilized to
execute the RHC and CCP Contract and he would have been
awate If any existed as he was reviewing the work product
related to the conffact.

L2. OnJuly 31,2018, SpecialAgentsoftheFBI, includingyouraffiant, interviewed

MOSES at the United States Affomey's Office in Rochester rcgarding the RHC and CCP

Conffact and the McFadden Pass Through Agreement. During that interview, MOSES made

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the following false statements:

(a) When told that McFadden and his company received money
from the RHC and CCP Contract, Moses stated that he was
surprised that McFadden and Caesar Development LLC
received such money.

(b) When discussing a meeting held between CCP and the boards of
the RHA and RHC on December 11, 2015, Moses stated that he
was surprised that McFadden was also at the meeting.

13. The evidence discussed below establishes that when he was interviewed by

Special Agents of the FBI, MOSES knew the following:

(a) That McFadden had brought CCP to the atrenrion of MOSES


and the RHC.

(b) That McFadden and his company, Caesar Development LLC,


were allegedly to perform work on behalf of CCP in connection
with the RHC and CCP Conffact.

(c) That McFadden received money from the payments received by


CCP from the RHC and CCP Conffact.

(d) That McFadden would be at the December 11, 20L5, meeting


with CCP at the hotel in Rochester.

PROBABLE CAUSE

14. During the time that McFadden was Interim Director of the RHA, MOSES was

the Chairperson of the Board of Commissioners of the RHA. While Interim Director,

McFadden advised MOSES that McFadden wanted to get the RHC up and running.
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15. In early January 2015, McFadden contacted Lisa Ransom at CCP to discuss CCP

entering into a contract with the RHC. McFadden and Ransom had been prior
acquaintances. At this time, MOSES did not have a prior relationship with anyone of the

three partners of CCP and did not know of CCP's existence.

16. Between on or about January l, 20L5, and March 25, 2015, MOSES engaged in

hundreds of telephone calls with McFadden.

17 On or about March 25,2015, MOSES, as board chairperson, caused the RHA

Board of Commissioners (a) to appoint him as one of the three new board members of the

RHC, and (b) to approve a loan by the RHA to the RHC in the amount of $300,000. At ttris

time, the RHC only consisted of three board members, and had no employees or executive

staff.

18. On or about May 11,20t5, MOSES had at least two telephone calls with

McFadden, presumably to discuss approving the hiring of CCP by the RHC at the RHC board

meeting the next day.

19. On or about May 12,2015, at the RHC board meeting, MOSES and the other

two board members agreed ttrat RHC would hire CCP to perform various services for the

RHC. MOSES knew at the time that the RHC had not received aformalbid for the contract

from CCP nor from any other company because no company ever provided a formal bid.

20. One of the other two RHC board members stated that MOSES introduced and

suggested the hiring of CCP to the other two RHC board members. The other two board

members had not known of CCP until MOSES advised them of CCP. Thus, because MOSES

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had no prior knowledge of nor relationship with CCP, and because the other two board

members first leamed of CCP from MOSES, there is probable cause to believe that MOSES

first learned of CCP from McFadden and then brought CCP to the affention of the other two

board members. By bringing CCP to the affention of the other two board members, MOSES

brought CCP to the attention of the RHC.

21. On or about May 27,2015, MOSES had two telephone calls with McFadden,

during which it is reasonable to assume that they discussed the RHC and CCP Conffact and

the McFadden Pass Through Agreement.

22. On or about May 28,2015, at approximately lll.42 a.m., McFadden emailed

MOSES drafts of the RHC and CCP Contract and the McFadden Pass Through Agreement.

As stated above, the McFadden Pass Through Agreement provided that McFadden's
company, Caesar Development LLC, would be receivingTlo/o of the money the RHC would

be paying to CCP under the terms of the RHC and CCP Contract.

23. Between on or about May 28,2015, the day MOSES received the drafts of the

two contracts, and July 6, 2018, the day before the RHC and CCP Contract was executed by

the RHC, MOSES had almost daily telephone calls with McFadden.

24. On or about JvIy 7,2015, the RHC executed the RHC and CCP Contract. At
that time, MOSES knew ttrat CCP would be paying 75o/o of the money it received from the

RHC to McFadden's company, Caesar Development LLC. MOSES concealed McFadden's

involvement in the RHC and CCP Conffact from both boards of the RHC and the RHA.
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25. On or about July 8, 2L05, McFadden, on behalf of his company, Caesar

Development LLC, executed the McFadden Pass Through Agreement. MOSES and

McFadden had a telephone call on that date.

26. On or about August 3, 2015, although the RHC and CCP Conffact had only

been entered into less than a month earlier, the RHA onbehalf of the RHC paid CCP $43,750,

which represented the first installment payment under the terms of the RHC and CCP

Contract. At this time, MOSES was board chairperson of the RHA and aboardmember of

the RHC.

27. On or about August 8, 20L5, CCP paid $32,812.50 to Caesar Development

LLC, which representedT5% of the funds CCP had just received from the RHA.

28. On or about Jvly 22, 2015, MOSES and another RHC and RHA board

member, submitted to the RHA board of commissioners a copy of fraudulent RHC board

minutes from the May t2,20L5, RHC board meeting. The board minutes falsely stated the

RHC had received three formal bids before selecting CCP as the low bidder. The board

minutes also failed to identiff McFadden's company, Caesar Development LLC, nor state

that Caesar Development LLC wouldbe receiving most of the funds from the RHC and CCP

Contract.

29. On or about December 10,20L5, two members of CCP traveled to Rochester

and met with McFadden and MOSES at alocal restaurant. Prior to that meeting, MOSES

and McFadden had at least three telephone calls that day.


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30. On or about December 11, 2015, the turo members of CCP along with

McFadden attended a meeting with the RHC and RHA board members at a hotel in

Rochester. There is probable cause to believe that MOSES knew that McFadden would be

attending this meeting and that he was not surprised to see McFadden at the meeting.

31. Prior to the RHC's second $43,750 payment to CCP by the RHC in December

2015, McFadden regularly spoke with MOSES and sent him emails durrng and in which they

discussed the second installment payment by the RHC to CCP. MOSES knew that

McFadden's company, Caesar Development LLC, would be receiving funds from this second

payment.

32. On or about December 23, 2015, the RHC paid $43,750 to CCP, which

represented the second installment payment under the terms of the RHC and CCP Contract.

At this time, MOSES was board chairperson of the RHA and aboard member of the RHC.

33 . On or about December 24, 20L5 , CCP paid $32,812 .50 to Caesar Development

LLC, which representedTl% of the funds CCP had just received from the RHC.
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CONCLUSION

34. Based on the foregoing, I respectfully submit that there is probable cause to

believe ftat GEORGE MOSES did knowingly violate Title 18, United States Code, Section

1001, by making false statements to Special Agents of the FBI.

-)
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cr7-A* ''
Daniel A. Ciavarri, Special Agent
Federal Bureau of Investigation

Swom to before me this


23 day of October 2018.

rfiorr'a,- vt Ytqut -
HON. MARIAN W. PAYSON
United States Magistrate Judge

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