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1,thecomplainu tin thiscase.sute thatthe following istnleto thebestofmy u owledge and belieE
()noraboutthedatets)of Januaw 2015-November2015 illthecotmtyof Palm Beach illthe
Southern Districtof Florida sthedefenfhntts)violated:
CodeSection OgenseDeacrfp/fop
18U.S.C.â1M 3 W irefraud.
W Conthmedontheattachedsheet.
Alisha Rhoades,FBISpecialAqent
Printed nameand rirle
Date: to - Ib- - l.
6 It G vl
aa-- -
Judge'
.
<signature
21 weeks oftraining.
fraud. During the course ofthese investigations, Ihave conducted physicaland wire
records ofindi
viduals involved in crim inalactivity.Through m y training,education,and
handling confidentialinform ants,lhave becom e fam iliarw ith the m annerin which m any
as earl
y as January 2015 through approxim ately Novem ber2015,in Palm Beach County,
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Case 9:18-mj-08431-DLB Document 1 Entered on FLSD Docket 10/15/2018 Page 3 of 11
in the Southern District of Florida, and elsewhere, Scott Bradley M EYROW ITZ did
know ingly com m itW ire Fraud in violation ofTitle 18,United States Code,Section 1343.
5. Iam fam iliarwith the facts and circum stances ofthe investigation setforth
records and repods relating to the investigation. This affidavitis intended to show m erely
''on consignm ent''are understood to have the sam e particularm eaning.W hen the dealer
custom arily required to sign a docum ent,called a m em orandum ,stating thathe is taking
possession ofthe m erchandise solely to show it,thatthe item rem ains the property ofthe
Case 9:18-mj-08431-DLB Document 1 Entered on FLSD Docket 10/15/2018 Page 4 of 11
typically includes a 'stated value''w hich is the am ountthatthe recipientm ustpay to the
ownerin damages ifthe itemts)is Iostorstolen. Ifthe recipientwants to buy the item
afterhe takes iton memo (typically because he believes he has found a customer),he
notifies the ownerofthe goods (known as the 'dmemo holdern).In this case,Lippman
vouched forM EYROW ITZ'S trustwodhiness.
the possible sale ofthe diam ond,and on January 23,2015 Mellen sentM EYROW ITZ a
m em orandum forthe Diam ond m ade outto M EYROW ITZ and SSB International,w hich
is M EYROW ITZ'S com pany.The mem o stated thatMellen was sending the Diam ond to
thatthe Diam ond shallrem ain propedy ofBen Mellen & Sons,Inc.and has to be returned
on dem and.In itsfulloriginalform .''ltalso stated thatM EYROW ITZ and SSB International
the Diam ond.The m em o stated thatitcannotbe varied by oralstatem ent,am ong other
instructions.
10. Before the Diam ond wasshipped,M EYROW ITZ had signed the agreem ent.
O n January 23,2015,M ellen shipped the Diam ond via Brinks to the W ells Fargo branch
in Florida where M EYROW ITZ had a safety depositbox. Brinks'records state thatW ells
Biltm ore Loan and Jewelry,and asked ifG oldstein would Iend a clientofMEYROW ITZ'S
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12. Joseph G utekunstwas a friend ofM EYROW ITZ forover30 years w ho runs
G utekunstto pose as the ownerofthe Diam ond in orderto obtain the Ioanfrom Goldstein
by ''pawningd
' the Diam ond. Beginning on January 23, 2015, G utekunst m ade
representations that he was a client of M EYROW ITZ and began negotiations with
13. Between Janual 27, 2015 and February 1, 2015, Goldstein m et with
M EYROW ITZ in Florida to inspectthe Diam ond.During these discussions,M EYROW ITZ
m aintained the false m isrepresentation that G utekunst was the actual owner of the
Diam ond. Afterseeing the Diamond,Goldstein contacted G utekunstand told him he had
seen the stone and had no problem withIoaning him $1m illion.Gutekunstand Goldstein
arranged to m eet at Biltmore's offices Iocated in Arizona to finalize the pawn of the
Diam ond.
14. M EYROW ITZ shipped the Diam ond to Biltm ore in Arizona, via Brinks,
signed,Biltm ore officials noticed thatthe G IA cedification forthe Diam ond was a copy
15. The true ow ner of the Diam ond,Richard M ellen, still had the original
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independent gemological Iaboratory. In addition to the Diam ond's carat weight and
m easurem ents,a cedificate includes grades forthe Diam ond's cut,colorand clarity,aII
16. G oldstein sentthe Diam ond to Gutekunst and G utekunstthen sent itto
M EYROW ITZ via FedEx. M EYROW ITZ thensentitto GIA in orderto geta new diam ond
the Diam ond back from G IA with the new GIA grading repod. O n that sam e date,
was pledged as collateralfora pawn Ioan in G utekunst's nam e. The nextday,M arch 3,
Fargo and deposited the check into his Scottrade Account,underhis wife's name. After
Gutekunstreceived the $1million from Biltmore,he staded making the m onthly interest
payments to Biltmore for$40,000. MEYROW ITZ supplied the funds forthese interest
payments to Gutekunstto in turn pay Biltm ore between April2015 and October2015.
19. In Novem ber2015,Goldstein offered to buy the Diam ond from G utekunst
for$1.3 million.Goldstein contacted MEYROW ITZ and asked him to convince Gutekunst
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to acceptthe offer.M EYROW ITZ and G oldstein agreed thatM EYROW ITZ would receive
the understanding that G utekunstwas the true owner of the Diam ond.Biltm ore w ired
of the FBI. M EYROW ITZ adm itted his involvem ent in the pawning and sale of the
Diam ond. MEYROW ITZ acknowledged thathe was supposed to keep the ring in a safety
depositbox and was notauthorized to pawn the ring orto sellitoutright.He said thathe
was aware thatthe ring was never supposed to be in the possession of Gutekunst.
M EYROW ITZ acknowledged thathe Iied repeatedly and that he was notauthorized to
receive any assets orpaym entsforthe selling ofthe ring,northe pawning ofthe ring. He
22. M EYROW ITZ told agents thathe acted alone and said thathe thoughtthat
he would be able to make m oney in the stock m arketand otherdeals and he would be
23. Beginning on M arch 27,2015, Richard Mellen and Scott M EYROW ITZ
exchanged a series ofem ails wherein Mellen was requesting the return ofthe Diamond.
M EYROW ITZ continued to delay and distractM ellen by offering excuses forwhy he had
May 28,2015.
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24. As partschem e to fraudulently acquire and laterto sellthe Diam ond which
wiresfrom Palm Beach Countyto Richard Mellen in New York,NY,wherein M EYROW ITZ
falsely stated thathe would schedule a Brinks pick up ofthe Diam ond:
''Richard. Icalled to find outw hattim e the truck from Brinks would be there
since Ihave to be there physically to sign offand give package to driver. l
called backto reschedule IW illreschedule.And Iwillhave som e paperwork
thatwillbe sentto you to finalize purchase and m ake everyone com fortable.
Scott''
Diam ond since he had already pawned it,nordid he have any intention ofshipping itback
CONCLUSIO N
there is probable cause to believe that beginning as early as January 2015 through
and elsewhere,Scott Bradley M EYROW ITZ did know ingly,and with intentto defraud,
devise and intend to devise a schem e and adifice to defraud and to obtain m oney and
propedy from Mellen, lnc. by m eans of m aterially false and fraudulent pretenses,
were false and fraudulentwhen m ade,and in orderto execute the schem e to defraud,
did knowingly transm itand cause to be transm itted,by m eans ofw ire com m unication in
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*'
p 1 -..
.'
SpecialAgent
FederalBureau ofInvestigation
W
DAVE L E BRANNO N
UNITED STATES MAG ISTRATE JUDG E
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Case 9:18-mj-08431-DLB Document 1 Entered on FLSD Docket 10/15/2018 Page 10 of 11
PENALTY SHEET
Case No:
Count#:1
W ire Fraud
18 U.S.C.5 1343
v.
Defendant,
--------------------------~'
CRIMINAL COVER SHEET
1. Did this matter originate from a matter pending in the United States Attorney's
OfficepriortoAugust9,2013(Mag.JudgeAiiciaValle)? _ _ Yes X No
2. Did this matter originate from a matter pending in the Northern Region of the ·
United States Attorney's Office prior to August 8, 2014 (Mag. Judge Shaniek
Maynard)? _ _ Yes X No
Respectfully submitted,
BY:
L N E. JO
ASSISTANT U ED STATES ATTORNEY
Florida Bar No. 726885
500 S. Australian Ave, Ste. 400
West Palm Beach, Florida 33401
TEL (561) 820-8711
FAX (561) 820-8777 .
Lauren .Jorgensen@usdoj.gov