Conviction

Update as of 10-15-2018 -- The Trevino vs. Alfieri case has been dismissed by both parties.  As we have agreed to move forward, the dismissed case will remain confidential.

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UPDATE -  This post has been updated on February 13, 2016. Please read about each defendant below.

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About a year ago I wrote about a federal case involving a couple of con artists who defrauded me and over 3,000 other people.  Please read my previous post Indictment - U.S. Department of Justice

Michael Patrick Sullivan and John Nicosia operated different companies and used fake names to lure customers to a deceptive scheme. They promised to resell unwanted time shares. I was one of their victims. 

US Attorney Steve Wigginton stated that this "rip-off" raked in $11 million!!!  Because at least 12 victims live in the Metro East of St, Louis Illinois, the case was prosecuted in that area.  But as we know, there were more than 3,000 victims.

On October 16, the website for the United States Department of Justice published news about this case.

New York Man Sentenced For Role In $11 Million Dollar Telemarketing Scam

FOR IMMEDIATE RELEASE

October 16, 2014

Follow @SDILNews

Stephen R. Wigginton, United States Attorney for the Southern District of Illinois, announced today that on October 16, 2014, John C. Nicosia, 56, of Rochester, New York, was sentenced to 60 months in prison, and ordered to pay $962,538.61 in restitution and a $100 special assessment. Nicosia had previously pled guilty to a charge of conspiracy to commit mail and wire fraud for his role in a Las Vegas based telemarketing scam operating under the names Vacation Max and Showcase Resorts.

Vacation Max and Showcase Resorts targeted owners of timeshares throughout the United States. The overall scam bilked thousands of consumers throughout the United States, Canada, and other countries of $11 million dollars. There were at least twelve victims in seven of the thirty eight counties comprising the Southern District of Illinois. In this case, Nicosia and other telemarketers for Vacation Max placed cold calls to timeshare owners and then falsely represented that their company had actual buyers for the owners’ timeshare property. Telemarketers then solicited advanced fees of up to several thousand dollars from each victim in purported closing costs that they promised would be refunded to the owner once the closing on the property occurred. Many timeshare owners were told that their closings were scheduled within the next sixty to ninety days. Despite collecting fees from over 3,000 victims, these companies were not successful in selling a single timeshare unit. Nicosia and his co-conspirators simply pocketed the closing costs.

This prosecution follows an investigation by the St. Louis Field Office of the Chicago Division of the United States Postal Inspection Service. The case is being prosecuted by Special Assistant United States Attorney Michael Hallock.

John C. Nicosia

On October 17, 2014, I received a notification confirming the above news release.

Case Number 2014R00058  Court Docket Number 14-CR-30009

The Court ordered  John C. Nicosia to the following:

• Incarceration of 5 years
• Followed by Supervised Release of 5 years
• Special Assessment of $100.00

On November 24, 2014, I received an email informing me that John Nicosia's case had proceeded through the criminal justice system and that he was now incarcerated within the Federal Bureau of Prisons (BOP).   His Register Number is 38651-018.

On May 4, 2015, I received an email informing me that on April 30, 2015, John Nicosia had died while in federal custody.

Michael Patrick Sullivan

Today I got notification that Michael Patrick, Jr. Sullivan has finally been sentenced. The Court ordered  him to the following:

• Incarceration of 5 years
• Followed by Supervised Release of 5 years
• Special Assessment of $100.00

If you would like more information on this case, here's the case number and Court Docket Number.
Case Number 2013R00230
Court Docket Number 13-CR-30103

There are four more defendants who have been separately indicted who were part of this multimillion scam. Their names are: Patrick A. Nosack, Becky S. Marrs, Elpenike Eddy-Aldava, Robert K. Mathews.


Elpenike Eddy-Aldava

Case Number 2014R00317  Court Docket Number 14-CR-30127

Status Hearing: Scheduled before Judge Nancy Rosenstengel for February 9, 2015 at 11:00 am at East St. Louis Courthouse, 750 Missouri Ave, East St. Louis, IL. (Hearing rescheduled to October 5, 2015 at 10:00 am, same location)

Trial: Scheduled before Judge Nancy Rosenstengel for February 18, 2015 at 9:00 am at East St. Louis Courthouse, 750 Missouri Ave, East St. Louis, IL. (Trial rescheduled to October 6, 2015 at 9:00 am same location).C
Trial: Continued to October 7, 2015 at 9 am at East St. Louis Courthouse, 750 Missouri Ave, East St. Louis, IL.
On October 9, 2015, a jury returned the following verdict(s):
Attempt and conspiracy fraud        GUILTY
Sentencing: Set for February 4, 2016 at 9:30 am, at East St. Louis Courthouse, 750 Missouri Ave, East St. Louis, IL before Judge Nancy Rosentengel.
He pled guilty to Attempt and Conspiracy Fraud.
SENTENCE: Incarceration of 1 year 1 month; Followed by Supervised Release of 2 years; Special Assessment of $100.00

Becky S. Marrs

Case Number 2014R00318  Court Docket Number 14-CR-30128

Status Hearing: Scheduled before Judge Nancy Rosenstengel for April 13, 2015 at 2:30 pm at East St. Louis Courthouse, 750 Missouri Ave, East St. Louis, IL.Trial: Scheduled before Judge Nancy Rosenstengel for April 22, 2015 at 9:00 am at East St. Louis Courthouse, 750 Missouri Ave, East St. Louis, IL.
Status Hearing: Scheduled before Judge Nancy Rosenstengel for October 13, 2015 at 9:00 am at East St. Louis Courthouse, 750 Missouri Ave, East St. Louis, IL.Trial: Scheduled before Judge Nancy Rosenstengel for April 22, 2015 at 9:00 am at East St. Louis Courthouse, 750 Missouri Ave, East St. Louis, IL.

Trial: Scheduled before Judge Nancy Rosenstengel for October 20, 2015 at 9:00 am at East St. Louis Courthouse, 750 Missouri Ave, East St. Louis, IL.
Status Hearing: March 15, 2016 at 9:00 am (same location).
New Trial Date: April 5, 2016, 9:00 am (same location, same judge). 

Robert K. Mathews

Case Number 2014R00320  Court Docket Number 14-CR-30129

Status Hearing: Scheduled before Judge Nancy Rosenstengel for October 27, 2014 at 9:30 am am at East St. Louis Courthouse, 750 Missouri Ave, East St. Louis, IL.

Trial: Scheduled before Judge Nancy Rosenstengel for November 4, 2014 at 9:00 am at East St. Louis Courthouse, 750 Missouri Ave, East St. Louis, IL.

I have not received any more updates on this defendant.
He is currently incarcerated at FCI Mendota. Register Number: 11239-025. He is scheduled for release on December 24, 2019. He is not eligible for parole.

Patrick A. Nosack

Case Number 2014R00316  Court Docket Number 14-CR-30130

Arraignment: Scheduled for January 23, 2015 at 1:30 pm at East St. Louis Courthouse, 750 Missouri Ave, East St. Louis, IL - CANCELLED (it will be rescheduled)
He had a plea hearing scheduled before Judge Nancy Rosenstengel on June 29, 2015 at 9:00 am at East St. Louis Courthouse, 750 Missouri Ave, East St. Louis, IL.
He pled guilty. His sentencing hearing was scheduled for November 19, 2015 at 1:30 pm at East St. Louis Courthouse, 750 Missouri Ave, East St. Louis, IL.
SENTENCE: Incarceration of 2 years and 6 months; Followed by Supervised Release of 5 years; Special Assessment of $100.00.

This case is being prosecuted because some of the victims chose to speak up. If nobody says anything, this type of people will continue taking advantage and stealing from others.  I am happy these people are facing the consequences of their illegal and deceitful actions. I just wish that I also see some justice as my case against Victor Alfieri moves through the judicial system.

Disclaimer – As of October 15, 2018, all legal issues (Trevino vs. Alfieri) have been resolved. This resolution was reached during arbitration. There are no pending issues (Trevino vs. Alfieri) related to fraud or theft. The resolution was mutually agreeable. There will be no more posts written about this story.