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Case 312middotcrmiddot00262middotDAK Doc 1 Filed 052212 1 of 65 PagelD 1
IN THE UNITED STATES DISTRICT COURT FOITIlE NORTHERN DISTRiCT Or OHIO
WESTERN DiYISION
UNITED STATES Of AMeRICA
PlaintitT
v
TAREK ELKAFRAWI TAREK EID OMAR AUTUMN LEE TANGAS KELLY ELKAFRA WI JOSE LEON-GONZALEZ aka JOSE LEON aka JOSE VARGAS nkaJUAN VARGAS aka EDWIN MARTel CARLOS GAMBOA KHALED YOUSEF JAM1L MOHAMMEO1WWAD RAMIZ AWWAD SHALIL ABOUDAKKA MAHMOUD ALI MOl-lAMED HASSAN DONNA J HARRIOTT LUCKY WILLIAMS SARA R1NEI30LT CESAR AVILA MARK ANTHONY TURNER anti YONI MERIDA
Defendants
) lNDICfMENT ) ) ) E) JU3 12CR 262 ) ) CASE NO------ shy) Title 8 United Stales ccue Section ) 1324a)(i)(A)(iii) and ) (a)(l)(A)(v)(I) Title 18 United ) States Code Sections 4 371 S44(h) ) 844(i) I00 1(a)(2) l02B(a)(7) ) (b)(l )()(1) and (I) ) 102SA(a)( I) 1341 1347 l349 and ) 1956 ) )
) ) ) )
) JUOG~ KATZ ) ) )
) ) ) ) )
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The GrandJury charges that
GENERAL ALLEGATIONS
rNTRODUCTIQN
At all times material to Counts 1middot1S of this Indictment
I Dine~quity was a pubHcally traded corporationheadquartered in Glendale California
that owned and operatedas a franchisor among other entities the International House of
Pancakes LLC(hereinafter IHOP Corporate) franchise Individual stores operated underthe
brand nameIntemationa House of Pancakes (hereinafterHOP)
2 The IHOP franchise consists of approximately 1522 domestic and intemational
restaurantsthat feature variousbreakfast itemsfor sale in its franchisee restaurants
3 As set forth in the DineEquity Franchise Disclosuredocumentprovidedto all IHOP
franchisees and relevant to the times and dates material to the charges contained herein
franchisees leasedindividuallHOP storesfrom IHOP Corporate IHOPCorporatecharged
franchisees two separate fees The first fee was an equipment and land Jease for the store The
second fee was for royalties and advertising that was approximately eight percent (8)of the
franchiseemors weekly net sales Bothof these fees were collected weekly The stores paid
the fees by electronic funds transfer in interstate commerce
4 As required by the franchise agreement all IHOP stores were required to maintaina
weeklysales tally by usingone of two Pointof Sale systems SABLE was a systemused by a
minority of stores in 20 t0 lHOP Corporate ordered it to be phased out and replaced with the
MICROS PointofSale system (hereinafter MICROS) The sales figurescompiled by both
systems wereremotely accessed by IHOPCorporate weekIyvia the Internet
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5 MICROSis a computer operating system that operated from a central server in each
store and several Point of Sale computer terminals that were connected to the server via cable or
wireless technology the Point of Sale terminals usually did not have Internet access but the main
server was connected to the Internet and in fact communicated with IHOP Corporate remotely
via the Internet
6 Among other functions MICROS was used by waitstaffto enter orders track orders
and produce customer checks The tenninals could process credit card payments record cash Or
check transactions and record voidedor discounted transactions Likewise MICROS contained
software that logged employeework hours and could be used by management to create detailed
sales reports showing various sales statistics Of note MICROS was a proprietary software that
contained several levelsof access controlled bypasswords and authorizations thus IHOP
Corporate had a different level of access to the MICROS system than a waiter did Likewise
entities with certain privileges could access the system remotely as IHOP Corporate did weekly
to download net sales figures
7 In addition to monitoring the net sales by IHOP franchisees through accessing the
MICROS system weekly IHOP Corporate created two levels of corporate contact at a more local
and regional level Although at various times during the relevant time period their titles changed
the Franchise BusinessConsultant (hereinafter FBC) was the first point ofcontact a franchisee
maintained with IHOP Corporate The FBC in turn reported to a Regional Director (hereinafter
ROn)
8 Within the IHOP Corporate structure the FBe and RD had oversight and reporting
duties for each IHOP in their regionand functioned as the representatives of IHOP Corporate
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and its interests Additionally FBC and RD personnel reported to IHOPCorporateon topics that
affected a franchisees standingwithin the corporation including a franchisees abilityto receive
relief fundsor advertising funds from IHOP Corporate or preferred treatmentbased on periodic
reviewsand auditsof the franchisees business
9 As such JHOP Corporate restricted the nature and extent of the business relationships
FBCsor RDs had with franchisees For instance an FBC or RD was forbidden to engage in
personal business transactions with a franchisee and likewisecould not personally profit from the
operationor saleof a franchise
10 Priorto December 18 2003 TAREK ELKAFRAWIowned and operatedtwo IHOP
franchises one was locatedat 601 North Burkhardt Road Evansville Indiana (hereinafter
Evansville) the other was located in Decatur Illinois At that time AUTUMN LEE
TANGAS worked for IHOPCorporate in the DecaturIllinoisregion TAREK ELKAFRAWI
maintained a social friendship with her in additionto their businessrelationship
11 Onor about August 192003 TAREK ELKAFRAWIand a personknown to the
GrandJury purchased the IHOP located at 4045 Talmadge Road Toledo Ohio (hereinafter
Talmedge) On or about December 92003 TAREK ELKAfRAWI AUTUMN LEE
TANGASL R (not charged in this indictment) and another personknown to the GrandJury
purchasedthe IHOP franchise located at 6535 Airport Highway HollandOhio (hereinafter
AirportHighway) On or about December 182003 TAREK ELKAFRAWI purchasedthe
IHOP franchise locatedat 7777Township Road 236 FindlayOhio (hereinafter Findlay) In
order to aid in runningthe franchises TAREKELKAfRAWI who was still residingprimarily in
EvansvllleJndlana made MK (not charged in this indictment) also knownas MK and MK
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the district manager for the ftanchises and hired KM (not charged in this indictment) to serve as
area manager
12Between on or about December29 2004 and on or about December 20 2006
TAREK ELKAFRAWI MK and KM purchased togetherand with others both knownand
unknownto the OrandJury the following IHOP franchises in and around the Toledo Ohioarea
6920 West Central Avenue Toledo Ohio (hereinafter Central) 10151 Fremont Pike
Perrysburg Ohio (hereinafter Perrysburg) and 3289 Elida Road Lima Ohio (hereinafter
13 On or aboutNovember7 2001 TAREKELKAFRAWI sold his interest in the
Decatur Illinois mop Thus for the relevant time period covered in this Indictment TAREK
ELKAFRAWI MK KM AUTUMN LEETANOAS and others known to the Grand Jury
owned in wholeOr in Part operated together and benefitted financiaJly from the roHowing
IHOPfranchises Evansville Talmadge Airport Highway FindlayCentral Perrysburg and
Lima
14Starting from the time TAREK ELKAFRAWI operated onlythe Evansville and
Decatur IHOPs through the present TARBK ELKAFRAWI MK KM and AUTUMN LEE
TANGASthroughtheir operationcontroland oversightofthe franchises used various frauds
schemes and criminal activities to fraudulently manipulate sales figures salaries and pa)TOll
and losses in an attempt to evade taxes avoidpaying royalties and other financial obligations
and to unjustJy and illegally divert money from the [HOP franchises to themselves
15 Through the manipulation of the MICROS system the hiring and harboringof illegal
aliens the aggravated theft and use of identification documents and the unauthorized remittance
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of checks TAREK ELKAFRAWI conspired together with MKbull and with others both known
and unknownto the Grand Jury to harbor aliens and commit identity theft in furtherance of and
in support of maiJ and wire fraud schemes as detailed below
The Grand Jury charges
COUNT 1
(Money Laundering Title 18 USC Section 19S6(hraquo
16 The infonnation contained in the General Allegationsparagraphs 1-15above is
incorporatedby reference herein
17 Fromon or about August 192003 to the date of this indictment in the Nonhero
Districtcf Ohio WesternDivision and elsewhere the Defendants TAREK ELKAFRAWJ
TAREK EID OMAR KELLYELKAFRAWI and AUTUMN LEE TANGAS did knowingly
and intentionallycombineconspire and agree with each other and with other persons both
knownand unknown to the GrandJury to commitoffenses against the United States in violation
of Title 18 UnitedStates Code Section 19S6(h) to wit
(a) to knowingly conduct and attempt to conduct a financial transaction affecting
interstateand foreign commerce which involved the proceeds of a specified unlawfulactivity
that is Alien Harboring a violationofTitle 8 UnitedStates Code sect 1324 with the intent to
promote the carrying on of specified unlawful activity that is MaiJ Fraud and Wire Fraud
violations of Title 18 United StatesCode sectsect 1341 and 1343 respectivelyand that while
conductingand attemptingto conductsuch financial transaction knew that the property involved
in the financial transaction representedthe proceedsof some form ofunlawful activity in
violation ofTide 18United States Code Section 1956(aX l)(A)(i) and
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(b) to knowingly conduct and attempt to conduct a financial transactionaffecting
interstateand foreign commerce whichinvolved the proceeds of a specified unlawful activity
that is Mai I Fraudpursuant to 18 UsC sect1341 with the intent to engage in conductconstituting
a violation of26 USC sect 7201 to wit evasion ofpaymentof taxes and that while conducting
and attemptingto conduct such financial transactionknew that the property involvedin the
financial transaction represented the proceedsof some form of unlawful activity in violalion of
Title 18~ United States Code Section 19S6(a)(1)(A)(ii)i and
(c) to knowingly conduct and attempt to conduct financial transactionsaffectinginterstate
commerceand foreign commercewhichtransactions involved the proceeds of Ii specified
unlawful activitythat is Mail Fraud pursuant to 18 USC sect1341 knowingthat the transactions
were designedin whole or In part to concealand disguise the nature Iocanon source ownership
andcontrol of the proceeds of said specifiedunlawful activity and that while conductingand
attemptingto conduct such financial transactions knew that the property involved in the fm811cial
transactionsrepresentedthe proceedsof some fonn of unlawful Beth-it) in violationof Title 18
UnitedStates Code Section 1956(a)(I)(8)(i) and
(d) to transport transmit W1d transfer and attempt to transport transmit and transfera
monetary instrument or funds involvingthe proceedsofa specified unlawful activity that is Wire
Fraud pursuantto 18 USC sect 1343~ from a place in the United States to or through a place
outside the United Statesknowing that the funds Involved in the transportation transmission
and transferrepresented the proceedsof some fonn of unlawful activity and knowing that such
transportation transmission and transfer was designed in whole Or in part to conceal and
disguise the nature locationsource ownershipand control of the proceeds of said specified
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unlawful activjry in violation of Title 18 United States Cyene Section 956(a)(2)(B)(i)
MANNER AND MEANS OF THEICONSPlRACY
18The mannerand means used to accomplish the bjectives of the conspiracy included
among others the folJowing
Koowiag Emplo)meat of U1eFaJ Aliens
19 From approximately December 18 2003 to the ~~te of this indictment the
Defendants TAREK ELKAFRAWITAREK BID OMARKELLY ELKAFRAWI and
AUTUMNLEE TANGASemployed over 200 illegal alieqs to workat the seven identifiedI
IHOP restaurants At the directionofTAREKELKAFRAWI and others known to the Orand i
Jury most of these aliens used fraudulent or stolen identificrtions while working at theseven
IHOP restaurants
20 Inorder to locateand recruit these illegal aliensIfAREK ELKAFRAWIand MK
employed several individualsknown to the Orand Jury inclyenSing but not limited to CARLOS I
GAMBOA JOSE LEON-GONZALEZ aka Jose Leon aka fose Vargas aka Juan Vargas aka
Edwin Martel FV-P and SL (not charged in this indictme~t) to recruit Illegal aliensto work at
IHOP and to IU1BJ1ge for theirarrival at one of the seven id~tified IHOP restaurants I
21 When an iHega] alien arrivedas an employee thelmanagerof the HOP at the I
directionof TAREK ELKAFRAWI MK or KM would nter the alien into the MICROS
system usingeithera fraudulent identification or II name alreadyin the systemi
22 If the illegal alien had falsepaperwork or dceumentatlon the manager would accept it I
without verifying its legitimacy conversely if the illegal aliep did not have documentation
TAREK ELKAFRAWI MK or KM would arrange for C~RLOS GAMBOA JOSE LEONshyI
Case 312-cr-00262~DAK Doc 1 F=i1ed 0522112 9 of 65 PagelO 9
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GONZALEZ FV-P 0[ others known to the Grand Jury to obtain frCudulent documcntation for
the illegal alien
23 Additionally to further the scheme to harbor and conceal the identity of the illegal
aliens TAREK ELKAFRAWIand MK would individually and personallydirect managers and
others known to the Grand Jury to cash the payroll checks of illegal aliens
24 TAREKELKAFRAWl and MK also would cash payrollcheckscfallens against
their personalbank accounts in order to help conceal the presence of illegalaliens Likewise
TAREK BLKAFRAWI authorized managers to cash payroll checks at the restaurants for illegal
alienemployees
25 It was COmmon practicefor TAREK ELKAFRAWI MK KMbulland TAREK EID
OMAR to assign multiple identities to employees for the purpose of employeesavoiding taxes or
receiving govenunentbenefits as well as to avoidpaying employees overtime wages
26 As a result of hiringand harboring illegal aliens TAREK ELKAFRAWI and MK
wereable 10 manipulate the wages of employeesreported to the Internal RevenueService for
purposes ofundelTeporting theirpayroll tax liability
27 Further by employingandharboring iJ legal aliens TAREK ELKAFRAWI and MK
manipulated Form94 reports to theBureau of WorkersCompensation for the State of Ohio
(hereinafteraWe) thus drastically reducing the franchises bi-annual payments to the state
agency
28 Further by employing and harboring illegal aliens TAREK ELKAFRAWI and MK
wereable to underpay manipulateand minimize the amount of money they actually paid to the
illegal aliens knowing the aliens would not complain or report them to law enforcement
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Understating Income
29 The schemes described in Paragraphs 19 through 28 further allowed TAREK
ELKAFRAWI MK K M and TAREKEID OMARto createan environment ill which the
managers were expected to manipulate the Pointof Sale systems to reduce the weekly netsales
figures
30 ByartificiallY deflating the net sales figures TAREK ELKAFRAWI and coshy
conspirators defrauded IHOP Corporateby paying a smalleramount of rent and royaJties to
JHOP Corporate than was actually owed furthermore the franchises qualified for rebates and
relief assistance payments from IHOP Corporate for which theyotherwisewould not have been
eligible
31 Asa resultof the underreporting of incomeandmanipulation of wages resulting from
the hiring andharboring of illegal aliensTAREKELKAFRAWl and MK as owners and
operators of the seven identified IHOP restaurants aidedand abetted by KM and AUWMN
LEETANOAS generated over$12 million in unreported income
32 Toconceal the existence of unreported income andto promote the continuance of the
schemefacilitated by the alien harboring TAREKELKAFRAWI and MKengaged in a
continuing courseof wirefraud by electronically transferring assets and fundsto credit cards in
the names of the mop franchises to a shellcorporation that is the TerryElk Groupto other
cornmerclal investments to bank accounts opened in the names of false fraudulent and stolen
identities to foreign and domestic properties and to foreign bank accounts
ColJusion with the FBC
33 In order to conceal the nature of the wire fraud TAREKELKAFRAWI MK and
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KM enlisted AUTUMN LEE TANGAS the FBe for the regionto minimize the likelihood that
IHOP Corporate would question the weekly net sales figures underreported bythe seven
IdentifiedJHOP restaurants
34 Specifically in December2003TAREK ELKAFRAWI enteredinto an agreement
with AUTUMN LEETANGAS in which AUTUMN LEETANOAS friend LR (not charged
in this indictment) would receive health benefits and paychecks in return for AUTUMN LEE
TANGAS making an undocumented investment in the FindlayIHOP
35 Prior to the December 182003 purchase of the Findlay IHOP byTAREK
ELKAFRAWI AUTUMN LEETANOAS had informed TAREK ELKAFRAWIthat IHOP
Corporateneededto find a suitable purchaser for the Findlay poundHOP AUTUMN LEE TANOAS
knew that TAREK ELKAFRAWI did not have the financial ability to purchase the franchise at
that time hut that she herself did However AUTUMN LEETANGAS knew that because of
her position 8$ FBC she was precludedby IHOP Corporate from investing in any franchise
36 Inreturn for providingTAREK ELKAFRAWI$50000 to purchase the Findlay
IHOP AUTUMN LEETANGAS friend LRwas listed as minority owner of the Airport
Highway mop and receivedweekly paychecks andhealth benefits from that corporation despite
the fact that she never worked as an employee there
37 On or about December6 2004 AUTUMN LEE TANGAS deposited a $5000 check
drawn on the Airport HighwayIHOP account(and signedby TAREK ELKAFRAWI) into her
bank accountas a partial return on her sub rgainvestment in the Findlay IHOP
38 On or about April 23 2005 AUTUMN LEE TANOAS depositeda $40000cashiers
check from TAREK ELKAFRAWls personal bankOld National Bank in Evansville lndiana
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into her bank account as ~ partial return on her investment in the Findlay IHOP
39 AUTUMN LEETANGAS failed to inform lHOP Corporateof her financial
relationship witheitherLR or TAREK ELKAFRAWI
40 On or about June 8 2005 AUTUMNmiddot LEETANOAS deposited a $20000 check
drawn on the Airport Highway IHOP account (andsignedby TAREK ELKAFRAWI) into her
bankaccount as a final return on her investment ill the FindlayJHOP Since that investment
AUTUMN LEETANGAS hal continued to serveas FBC for the restaurants owned and operated
by 1AREK ELKAFRAWI and othersknown to the Grand Jury During that time those
restaurants wereneveraudited nor were their sales losses or financial performances questioned
41 IHOPCorporate also was not notified of a fire at the FindlaylHOP in 2008 that
resulted in approxhnately $136 million in damage claims by TAREK ELKAFRAWI and the
closureof the location for three months Such information is the type ofmaterial information
IHOP Corporate expects FBCs to collect and provide in reports to headquarters
42 On multiple occasions known to the Grand Jury AUTUMN LEETANGAS informed
managers of the Toledo-area IHOPs that she knewthat a numberof illegal aliens worked for the
lHOPsownedand operated by TAREKELKAFRAWIand madestatements to persons known
to the Grand Jury that everyone wouldbe in trouble if that fact became known
43 Pan afthe incomplete and erroneous infcrmation provided by AUTUMN LEE
TANGAS to IHOPCorporate included her filing yearly reports recommending that lHOP
Corporate subsidize the Central Avenue IHOP by providing a weekly credit ofapproximately
$2300 This credit referred to as a reliefpayment was supposedto be used to lessen the burden
of payingweekly rent and royalty payments for an underperforming restaurant Originally
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intended by mop Corporate to be a temporary short-term paymentused in extraordinary
circumstances through the attestations andsupport of AUTUMN LEETANGAS theCentral
IHOP received credits for overfive years Asa resultTAREKELKAFRAWIpersonally
realizedover$500000 in revenue that otherwise would have been retained by mop Corporate
44 Additionally the annual reports supporting on-goingrellefpayments enabled TAREK
ELKAFRAWI and MK to justify declining sales which in actuality were a direct result of
Point of Sale system manipulations and otherfrauds rather than a marketcondition affecting the
franchise
45 Protected from IHOPCorporate scrutiny TAREKELKAFRAWI MK and KM
directedand controlled several ongoingwirefraud schemes involving the finances of their IHOP
franchises These wire fraudschemes faU intothe following categories Point of Salesystem
manipulations of the grossand net sales and fraudulent reporting of assets and liabilities to skew
the performance of certain restaurants thereby qualifying them for IHOPCorporate benefits
false reporting to ewe and payroll manipulations to enable improperhealthand welfare
benefits
Point of Sales MauipulatloD
46 In addition to the aboveschemes from approximately 2004 to the dateof this
indictment TAREK ELKAFRAWI MK and TAREK EID OMARpersonally directed
managers to manipulate the Pointof Sale systems in order to remove cash from the stores 8S
unreported income
47 TAREK ELKAFRAWI and MK directed the Point of Sales system remotely
through the use of software that gave them full access and controlof the Pointof Salessystem
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from their homes Since approximately 2010-20]) TAREK ELKAFRAWI and MK have used
softwarecalled Team Viewer This software was installed on the home computers ofTAREK
ELKAFRAWI and MK in 2010 and 2011 respectively shortlyafter the latestMICROS system
was installed on all [HOP computers
48 One of the schemes to defraud was to manually reset the internal clock and calendar
of the MICROSsystem For instance on a Monda) the MICROS system would be set two days
ahead this would essentially pausethe system from downloading and compilingthe sales
figWes Thus although on that Wednesday the MICROS system would recognize the sales
recorded for Monday Tuesday and Wednesday and create aggregate statistics for those three
days the fact that the system was paused for thosedays allowed managers to manipulateor
under-report all of the cash transactions because cash transactionswere recognized as open
tickets for those threedays
49 The benefit of having an openticket was significant As long as a ticket was
open a sale was not considered complete that ticket could then be manipulated or even
deleted completely Thus when the MICROS system clocks werereset any open tickets or
cash transactions could be voided in MICROS and the easb receivednot recorded
50 In addition to manipulatingthe intemalsettings of MICROS MK and TAREK
ELKAFRAWI deviseda scheme whereby the MICROSsystem would simply be turnedoff
either by MK or a manager and product sales rung up manually
5 t Like the clock-settingscheme when MICROS was off-line tickets became
unreportable so cash transactions were not recorded by the system and moniescould be received
and deposited without lUI) paper trail Such transactions were not taxed and the sales were not
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recorded at the IHOP Corporate level so money that would otherwise have triggered the payment
of taxes or franchise feeswas kept by TAREK ELKAFRAWI as unreported income
52 TAREK ELKAFRAWI MKand TAREK EID OMARalso manipulated the
reporting of sales through the use of coupons When a customer paid in cash the store manager
was directed to use a store coupon to reduce the ticket or void the sale completely Therefore the
difference betweenthe reduction or void was not reflected in the final sale total and could be
taken by management as unreported income Accordingly TAREKELKAFRAwr MK and
TAREK EID OMARdirected their managers to use cash sales transactions to realize unreported
incomebull
53 ~AREK ELKAFRAWIand TAREK BIDOMAR manipulated the SABLE systemin
the Evansvillerestaurantmuch morebrazenlythan in theToledo-arearestaurants because of
certain exploitablecharacteristics of the SABLEsystem
54 Manipulations also affected employees salaries Starting in 2004 and continuing
through the present TAREK ELJltAFRAWI MK and TAREK ErO OMARdirected managers
to automatically deduct30 minutes fromalmost every employees time card daily in the Pointof
Sale systemsusing the BmiddotSO1 programs ability to edit entries
Manipulatiag Profit and Loss Statemenl$
55 The goal of these schemeswas to divert money from the restaurants actual gross
income into the personal accounts ofTAREK ELKAFRAWI and MK as unreported and
untaxed income As part of the schemeto laundermoney and evade federal state and local
taxes TAREK ELKAFRAWIMKbull KMand TAREK EID OMAR also directedaccountants
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and bookkeepers to manipulatethe profit and loss statements (hereinafterPampLs) and balance
sheets for their various corporations
56 A PampL is a physical or electronic documentdetalHng how a corporations gross
income is transformed into the net income It displays the reported gross income for a specific
period oftime and the costs and expenses charged against this income The purpose is to show
interestedpartieswhetherthe corporation lost Or made money The accountants created the PampL
statements using data providedby TAREK ELKAFRAWI and MK and relied on those PampLs to
filecorporate taxes
57 That data wasculled from various sources MK helped create the PampLspreadsheets
by providing the documents to the managersand then received the completed weekly
spreadsheets via email Upon receiving the PampL spreadsheets the restaurant managers added in
reported total sales laborcosts for the staff invoicesfor food and supplies food discountsand
manager voids However the managers salaries end the restaurants rent expenses were entered
in the spreadsheet by MK and could not be altered by other employees Included in the
spreadsheetportioncreated by MK were some budgetary lines containing debits for categories
that simply did not exist as businessexpenses Thenumbers provided by MK were inflated
For example the LimaIHOP PampLlisted a gross total ofapproximately$ ]500 per week for
managers salaries However the number that MK entered into the PampL for managers salary
was $2100 per week Likewise the amount paid in rent was consistently inflated in excessof
actual rent payments for the tHOP restaurants The spreadsheets were then submitted to the
accountantswho created the PampL TAREK ELKAFRAWI reviewed the final PampL and made
revisions to further hide his efforts to divert profits
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58 Byknowingly entering inaccurate infonnation into the PampLs TAREK ELKAFRAWI
MK KM and the store managersactingat their direction in effect manipulated the tax
burden levied on their corporation byfederal state and local governments
59 Furthermore as II result of the PampLmanipulation the net profits Were artificially
deflated to minimize the amount of royalties and rent paid to IHOP Corporate
Defrauding Worken Compensation
60 Beginning in approximately2003 TAREK ELKAFRAWI MK and KM set up
various schemes to defraud BWC and lowerthe amount they had to pay into the Workers
Compensation system BWCpayments helpcover the cost of injuries to employees whoare hurt
on the job and functions as a ferm of insurance for a company The percentageof wagespaid by
the employerare relatedto the type of business a companydoes the number of employees the
number of claims in prior reporting periodsand other factors to arrive at a semi-annual figure
owed by a company
61 From 2004 to the present TAREK ELKAFRAWIand MK manipulated some of the
factors used by awe to determine an employers premiumsfor its employees For instance
since managers premiumsare calculated at a higher rate because their salaries are greaterthan
other employees TAREKELKAFRAWI MK and KM devised a scheme to lower manager
reporting to zero(0) likewise a cooks premium would be calculated at a higher rate because
they work in moredangerous situations thanwaitresses TAREK ELKAFRAWI MK and
KM developedwaysto manipulate the reporting ofemployees average weekly salaries Also
although overtime and tips are calculated by BWCTAREK ELKAFRAWI MK and KM
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Case 312-cr-OD262middotDAK Doc 1 Filed 052212 18 of 65 PagelD 18
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deviseda schemeto avoid includingthose two factors in the final equation to fraudulently
understate premiums owed to awe
62 During2004 MK and KM submitted the semi-annual reports in person at the
Toledo office ofBWC The paymentswere made via check which triggered an electronic funds
transfer from IHOP bank accounts to BWe accounts In 2005 awc switched to an electronic
filing system
63 MK directedKM to use the averageof the lowest weekly payroll to calculatethe
semi-annual wage figure despite the fact that Bwe regulations required an average ofall weekly
wage figures for the reporting period By submitting only an average of the lowest weeks
TAREK ELKAFRAWI MK and KM deflatedthe wage figure
64 To further depress the numbers MK told KM to omit the salaries ofmanagers and
tips and then deductmore from the total Generally this manipulationdecreased the final wage
figure by an additional twenty percent(20)
6 From 2004 to the date of this indictment TAREK ELKAFRAWI was made awareof
the paymentfigure regardless of who filed the form and directed each paymentto be lower than
the previousone
66 DespiteTAREK ELKAFRAWls seeminglyarbitrarY calculus this reportingfigure
could be audited by awe The department required all businesses to file a Form 941 which
listed employees wages and taxes paid every90 days for the purpose ofpaying federal taxes
67 The Fonn 941 was created for BWC using Profit and Loss sheets MICROS and
payrollrecordsand was generally consistentwith those documents
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68 During an audit BWe could request the Form 941 and compare those numbers with
the numbers provided to awe
69 Between 2004 and 2009 KM received noticesof Bwes intention to audit various
Toledo IHOP locations Each timea notice was receivedKM TAREK ELKAFRAWI and
MK simplyignored it Threeof the auditswere never perfonned by BWC
70 BWe did audit the Findlay IHOP in 2007 fora two-year period Originally it was
determined that the restaurant owed over $55)000 in unpaidawe premiumsfor that timeperiod
71 In orderto avoid paying these premiums KM amendedtherestaurant)s worksheet
deletingmanagersnames from the list of employees and fraudulently listing the managers 8S
officersof the corporation that owned Findlayand therefore we~ exempt from payingworkers
compensation premiums However the Articles of Incorporation were not changed to list these
managers as corporate officers
72 Bymaking this change at the direction ofTAREK ELKAfiRAWI KM reportedly
reduced the amount of premiums owed awe to approximately i35000 When AunrMN LEE
TANGAS learned of thisscheme rather than reporting it to IHOP Corporate either the crime or
the addition of newofficersas required by corporate policy she told KM Youjust saved
TAREKs a-
73 In 2007 in response to the auditTAREKELKAFRAWI MK and KMcreated the
Terry Elk Group all managers weretransferred to that company and put on its payroll The
Terry Elk Group was created byKM at thedirection ofTAREK ELKAFRAWIto further
minimize payments to awe
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74 Although each of the seven identifiedmop restaurants transferred money to the
Terry Elk Groupto pay salaries for managers the Terry Elk Group never paid awe taxes
75 TAREK ELKAFRAWIand MK were officers of the Terry Elk Group and TAREK
ELKAFRAWland AUTUMN LEETANGAS both told KM that this was a great solution to
avoid payingBWC
76 The falsification of recordsand thecreation of the Terry Elk Group resulted in an
underpaymentofapproximately S2S0OOO to BWe
Document FJ1lud
77 TAREK ELKAFRAWI MK and TAREK EID OMAR further manipulated the
accounts of the IHOPrestaurants in order to laundermoney through false payouts and
fraudulentlyreported transactions
78 TAREK ELKAFRAWI MKand TAREK EID OMAR used a system of payouts
in the fonn of paper receipts deposited in the cash registers to reflect further unreported cash
withdrawals While these receipts were ostensibly for occasional items such as landscaping
charges extra food ingredients or supplies jn reality most payouts were not for services
rendered but weremerely cash withdrawals TAREK ELKAFRAWI MK and TAREK EID
OMAR directed managers to create payout slips to cover cash withdmwals and use the payout
slips to justify the withdrawals as business expenses to the accountants
Insurance Fraud
79 In 2008 the Findlay IHOP burned as a result of arson The fire was intentionally
started by JOSE LEON-GONZALEZ and individuals unknown to the Grand Juryat the direction
PAGE El6 5 WTOL NEWSOS232012 1144
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and orderofTAREK ELKAFRAWI and MK to facilitate insurance fraud schemes by TAREK
ELKAFRAWI
80 TAREK ELKAFRAWIsubmitted approximately $136million in fraudulent
insurance claims for firedamage to the restaurant The receipts submitted to the insurance
company reflected overcharges charges for work never doneworkdone at artificially inflated
prices and for fraudulent payroll claimsand lost income Additionally TAREK ELKAFRA WI
created wholly fictitious invoices and diverted thosepayments to his personal use
Rebate Fraud
81 TAREK ELKAFRAWIandMK used a varietyofadditional accounting
manipulations to affect the franchises balancesheets For example TAREKELKAFRAWI
often personally received rebate checks from food and beverage vendors reflecting the large
amountsofmoneyspent with theircompanies Thesechecksweremailed directly to TAREK
ELKAFRAWIs homes in Toledo and Evansville ratherthan delivered to the intended restaurant
The amounts were substantial Tropicanas annual rebate was approximately $12000 Cocashy
Colas annual rebate was approximately $7500 US Foods annual rebate was approximately
$80000 and Pepsis annual rebatewasapproximately S55000 From2004 to the date oftbis
indictment the total amount of rebate payments received by TAREK ELKAFRAWI exceeded
SIIOOOOO
82Before 2005TAREK ELKAFRAWI simplyused this money for personal expenses
However after 2005 TAREK ELKAFRAWIoccasionally reinvested the rebate money into the
franchises as a loan from officer
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83 Under this scheme TAREK ELJltAFRAWI was essentiallyclaimingthe corporations
money for himself8Jld loaning it back to the businesswhilenot reporting the rebate money as
personal income This generated an additional unwarranted liability for the corporation receiving
the loan while TAREK ELKAFRAWI would take a personal loss on his taxesfor the unpaid
loan Thus the overall tax liability for the company and for TAREK ELKAFRAWI was
fraudulently lowered
Other Schemes to Defraud
84 Thebalance sheet was also affectedby claimingremodelingcosts as a liability instead
of an asset IHOP Corporatemandated that each restaurant be remodeled every five years Per
JHOP Corporate policy this costs a franchise approximately $70000 Under standard
accountingpractices this remodel should be considered an appreciation However TAREK
ELKAFRAWI regularly directed the accountants to claimthis expense as repair and
maintenance considered a liability
85 In September2010 ManagementServices the accountantsused by TAREK
ELKAFRAWI questioned a $40000 remodelingof the Evansville restaurant completedin 2007
TAREK ELKAFRAWI lied to the accountantsthat the $40000was a personal loan from a
businesspartner Management Services then issuedcheckstotaling $40000 to the business
partner TAREK ELKAFRAWI took these checks for his own purposes
86 TAREK ELKAFRAWI also used the restaurants to obtain loans that he would
otherwisenot beable to secure TAREK ELKAFRAWIapplied for loans using well-performing
IHOP restaurants as collateral for the loans then used those loans to pay for improvements on his
other (HOPrestaurants
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87 The improperbenefitreceived arose from the fact that each restaurant is an
independent corporation Knowing that certainIHOP restaurants such as Findlay would be
unable to securea loanTAREK ELKAFRAWIwould apply for a loan using a corporation for a
healthyrestaurant likeLima Once he hadsecured that loan he wouJd use the money on the
unqualified restaurant
88 Thusthe healthy restaurant wouJd cany a loss in the form of an outstanding loan on
its books lowering its tax liabilities while the other restaurantenjoyed the use of the loan
without having to report the transferof funds as profit
89 TAREKELKAFRAWI furtherusedschemes to transfer moneyobtained from IHOP
Corporate intended to benefitone restaurant to the use of another restaurant or directly to
himself
90 Forinstance advertising and marketing revenue would be used byTAREK
ELKAFRAWIand MK in a mannersimilar to the rebate checks In 2007 TAREK
ELKAFRAWIsubmitted a fraudulent invoicereflecting the purchase of an advertising sign for
CentrallHOP for$13500when in facthe only spent $3500 on the sign He receiveda check
fromIHOPCorporate for $13500and pocketed the difference TAREK ELiltAFRAWI
thereafterreported the remaining $ J0000 as a loan ftom officer and not taxable income
9Jbull TAREK ELKAFRAWI and MK also used the CentraliHOPs advertising budget
provided by li-fOP Corporate to pay for all of the northwest Ohio ]HOPs marketing They
would inflateCentrals invoice with the Invoices for the five other restaurantsand then send that
aggregate invoice to HOP Corporate
PAGE 091 505232012 1144 4192447104 WTOL NEWS
Case 312-cr-00262-DAK Doc 1 Filed OS2212 24 of 65 PagelD 24
24
MediearelWelfarerrax Fraud
92 TAREK ELKAFRAWI MK and TAREKEID OMAR together and separately
devised schemesto personaltycollectmedical and welfarebenefits for which they did not
qualifyand sanctioned employees to do so as well
93 Using an alternate identity MK split his salary between two paychecks creating a
lower reportableincomefor each identity Usingthese dual identities MK has to date claimed
approximately $140000 in Medicaid paymentsand $35000 in food stamps and welfare benefits
from the State of Ohio
94 To further these schemesTAREK ELKAFRAWI and MK created a false property
management companythrough which MK paid rent to TAREK ELKAFRAWI in order to
show less income BothTAREK ELKAFRAWIand MK created and submitted false payroll
checks and financial documentsto support the fraudulent claims
95 TAREK ELKAFRAWI and MK also sanctionedand encouraged employees to file
fraudulent claims KHALED YOUSEF TAREK EID O~ RAMIZ AWWAD and JAMIL
MOHAMMED AWWAD were told by TAREK ELKAFRAWI and MK how to minimizetheir
payrollearnings throughthe use of multipleidentities in order to claim benefits TAREK
ELKAFRAWI toldTAREK EID OMARto eitherstart fraudulently claiming welfare or quit
having children
96 These manipulations to income revenue and payroll were reflectedin erroneousand
fraudulent tax statements to the Internal RevenueService TAREK ELKAFRAW1 directed
accountants to file his personal and corporate lax returns based on this fraudulent information in
an attempt to minimize and obscure his true incomeand tax liabilities
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Money Laundering Schemes
97 Inorder to hideandconceal thesourceof the proceedsof the wire fraud schemes
TAREK ELKAFRAWI KELLY ELKAFRAWI MK and TAREK EID OMAR engaged in real
estatetransactions
98 TAREK ELKAFRAWI loaned TAREKEID OMARand previous Evansville mop
managers YS andAA approximately S50OOO to purchase a gas station in Evansville Indiana
usingfunds derived solely from TAREK ELKAFRAWrs rnop franchises
99 To conceal the source and nature of the funds used to purchasethe gas station located
at 600North Burkhardt Road Evansville Indiana TAREK ELKAFRAWI transferred
approximately SSOOOO to TAREK EIDOMAR Y S and AAwhich theyused to purchase the
gasstation
100Using laundered assets fromthe IHOP restaurants TAREK ELKAFRAWI and
KELLY ELKAFRAWI purchased homes at l0400 Tecumseh Drive Newburgh Indiana and
J4745 Prairie Lake Drive Toledo Ohio
101 Likewise MK purchased the following properties using funds from bankaccounts
in his various names 2510 Live Oak Road Sylvania Ohio 4027 Meadowgreen DriveSylvania
Ohio 7129 Sandy Springs Road Maumee Ohio and4837 SpringbrookDriveToledo Ohio
The funds were proceeds of the fraudulent schemes
102 Finally from 2004to the date of this indictment TAREK ELKAFRAWIsent
proceeds of fraudulent IHOP transactions overseas by carrying them on his person usingbank
acccunts ownedandcontrolled byTAREKEIDOMARand others knownto the Orand Juryand
using Western Union accounts operated by TAREK EIDOMARand SM (not charged in this
41 1pound44 (1~4 WIUL N~W~
Case 312-cr-00262~DAK Doc 1 Filed 0522112 26 of 65 PagelO 26
26
indictment) Those funds have been used in part to purchase real estate and to make investments
in Egypt
All in violation of Title 18 United States Code Section I956(h)
COVNTl
(Conspiracy to HarborAliens Title 8 UsC Sections t324(a)(l)(AXiii) and I324(a)(1)(AXv)(I)
The Orand Jury furthercharges that
I03 Paragraphs 1-16and 18-I02 are re-alleged and hereby incorporated by referenceas if
fully set forth herein
104 From at least as early as January2004 the exact date to the Grand Jury unknown
through at least December31 2011 in the Northern District of Ohio Western Division and
elsewhere the DefendantsTAREK ELKAFRAWI KELLY ELKAFRAWI AU11JMN LEE
TANGAS MK JOSE LEONmiddotGONZALEZ aka Jose Leon aka Jose Vargas aka Juan Vargas
aka Edwin MartelTAREK ElD OMAR CARLOS GAMBOA KHALED YOUSEF RAMIZ
AWWAD aka Ray JAMIL MOHAMMAD AWWAD KHALIL ABOUDAKKA MAHMOUD
ALI MOHAMED HASSANDONNAJ HARRIOIT LUCKY WILLIAMS and CESAR
AVILA did knowingly and intentionally combine conspire and confederate with each other and
with others known and unknown to the Grand Jury to conceal harbor and shield from detection
one or more aliens namely FJV-PJOSE LEON-GONZALEZ aka lose Leon aka Jose Vargas
aka Juan Vargas aka Edwin Martel MT-C C V V-A S L CESAR AVILA CARLOS
GAMBOAE M A M A G F G J LNU J LNU and approximately two hundred other
aliens known to the Grand Jury In several buildings including but not limited to the Perrysburg
PAGE 12 5WTOL NEWSOS232012 1144 4192447104
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27
Findlay Lima Airport Highway Central Talmadge and Evansville JHOPs as wellas 801 Hiltop
and 4020 RoyerRoad in ToledoOhio knowingand in recklessdisregard of the fact that the
aUen(s) had cometo entered and-remained in the United States In violation of law
A) 11 waspart of the conspiracy that the managers of (HOP restaurants
would hire undocumented aliens to workat the mops after clearingthe
hires with MK or TAREKELKAFRAWI
B) It was further part ofthe conspiracy that undocumented aliens would be
paid in cashuntil theyobtained fraudulent immigration and workdocuments
C) It was funher part of the conspiracy that co-conspirators sometimes would
assist the aliensin finding lodging and in cashing checksat the mop
or bankinginstitutions
D) It was further part oCthe conspiracy that undocumented aliens often would
be paid usinga fake name Or check name
E) It was further part of the conspiracy that the undocumented aliens sometimes
would be transported to other HOP restawant locations to work
F) It was further part ofthe conspiracy that co-conspirators sometimes would
assign to the undocumented aliens the socialsecurity numbers and personal identifierS of
former employees to shield the illegalworkers from discovery
All in violation of Title 8 United States Code Sections 1324(a)(l)(A)(iii) and
1324(a)(1 )(A)(v)(I)~
PAGE 13 5WTOL NEWSOS232012 1144 4192447104
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28
WVNTS3~7
(Mail Fraud Title 18USCbull Section 1341)
The Grand Jury furthercharges that
t OS The allegatiens contained in paragraphs Imiddot16 and 18middot02 of this Indictment are reo
allegedand hereby incorporated by referenceas if fully set forth herein
106 From on or about August 192003 to the dateof this Indictment in the Northern
District or OhioWestern Division and elsewhere TAREK ELKAFRAWI AUTUMNLEE
TANGAS andMK (not charged in this Indictment) devisedand intended to devise a scheme
and artifice to defraud IHOPCorporateand to obtain money and property by meansof materially
false and fraudulent pretensesrepresentations and promises
MANNER AND MEANS
107It waspart of the scheme that TAREK ELKAFRAWI through the use of the
MICROS system knew that sales were obtainedby IHOP Corporate on 8 weeklybasis through an
automatic remote uploading ofdata TAREK ELKAFRAWI knew that IHOP Corporateused the
weeklynet sales figures to determine the weeklyroyalty and rent amount owed byeach franchise
likewisehe knewthat IHOPCorporatedid not examine the weekly deductions from grosssales
that resulted in the net sales figures
108 In fact prior to 2004 TAREK ELKAFRAWI receivedregular IHOP Corporate
reviewsof the operating expensesand balancesheets that showed the costs deducted from gross
sales reflected in net sales After AUlUMN LEETANGAS became FBC in 2004 such thorough
PAGE 14 5WTOL NEWSOS232012 1144 4192447104
Case 312-Cf-00262-DAK Doc 1 Filed 0522112 29 of 65 PagelD 29
29
reviews ceased entirely TAREKELKAFRAWI thereafter devised various schemesto
manipulate the MICROS system in order to create lower-than actual weekly net sales
109Onesuch schemewas to simply tum the MICROS system otT so sales werenot
recorded
110Additionally TAREK ELKAFRAWI instructed his lHOP managers to voidsales
entirelyor to givesignificant discounts to tickets after the ticket had been paid for by thecustomer
and closed
11 J Othercosts chargedagainst grosssales includedunit promotions contests
maintenance andpayouts for whichno documentation was provided In fact these were cash
distributions toTAREK ELKAFRAWI and other employees representingunreported income
112TAREK ELKAFRAWI also woulddeposit rebatecheeks from vendors into the
CentrallHOP account however he would direct his accountants to reflect the deposit as a loan
from officer rather than as incomefrom a rebate This fraudulent representation created an
additional debt on the balance sheet of Central JHOP thus giving the appearancethat the
restaurantwas encumbered with debt and operating expenses and not profitable
1t3 Asa result of these schemes TAREK ELKAFRAWI created the appearance through
his weeklysalesfigures that the CentrallHOP store wasseverely underperforming
114 SInce 2007 TAREK ELKAFRAWI with the help of AUruMN LEETANGAS
applied for rentand royalty reliefpayments from IHOPCorporate Based on the fraudulent
weeklynet sales reports and the annual recommendation of AUlUMN LEE TANOASTAREK
ELKAFRAWIreceived approximately $2300 a week in rentas well as royaltyrelief from HOP
Corporate to which he otherwisewJ not entitled
OS232012 1144 4192447104 WTOL NEWS PAGE 15 5
Case 312-cr-00262-DAK Doc 1 Filed 052212 30 of 65 pagelD 30
30
116 ThesereHefpayments werememorialized in annualcontractsamending the franchise
agreement for eachyear to retlect the newrelief payment agreement Thesecontracts were mailed
from mop Corporate headquarters in Glendale California to Toledo Ohio after the FBCand
RD memos were submitted and approved
117 Onor abouteach of the dates set forth below in the Northern District of Ohio
Western Division and elsewhere for the purpose of executing and attempting to execute the
abovedescribed scheme and artifice 10defraud DefendantsTAREK ELKAFRAWI and
AUTUMNLEE TANOAS knowingly caused to be placed into any post office or authorized
depository for mail matterany matteror thingto be sentand deliveredby the US Postal Service
and caused to be deposited any matterto be sent or delivered by privateand commercial interstate
carrier the following matterfrom Glendale California to Toledo Ohioeach mailing constituting
a separate count
COVNT3
~ SENDER MAJLMATIER
September 24 2007 IHOP Corporate mailing of Amended ReliefContract
COUNL4
June5 2008 IHOPCorporate mailing ofAmended ReliefContract
COUNTS
August 172009 lHOP Corporate mailing of Amended Relief Contract
CQUNT6
May 25 20)0 IHOP Corporate mailing of Amended Relief Contract
OS232012 1149 4192447104 WTOL NEWS PAGE 0115
Case 312-cr-00262-DAK Doc 1 Filed 052212 31 of 65 PagelD 31
31
COuNT 7
May 162011 IHOPCorporate mailing of Amended Relief Contract
All in violation ofTitle l8 United States Code Section 1341
COUNTS
(Health Care FraudTitle 18 USC Sections 1347and 2)
The Grand Jury further charges that
118The allegations contained in 1-16and 18-102of this Indictment are re-allegedand
herebyincorporated byreferenceas if fullyset forth herein
119Using the methodsdescribed in Paragraphs 60-78 TAREK ELKAFRAWr and
others known to the Orand Jury submitted fraudulent reports to BWe resulting in BWe
undercbarging the Airport Highway IHOP
120 From on or about June 4 2004 to the date of this Indictment in the NorthernDistrict
of Ohio Western Division and elsewhere TAREK ELKAFRAWI and others known to the
Orand Jury having devised and intendingto devise B scheme and artifice to defraud the Ohio
Bureauof Workers Compensation (BWe) a healthcare benefit program as defined in Title 18
United States CodeSection24(b) of money by means ofmateriaJly false representations and
promises that was and is in connectionwith the paymentfor health care benefits items IUId
services did knowingly and willfully execute the aforesaid scheme
In violation of Title 18 UnitedStates Code Sections 1347and 2
PAGE 0215WTOL NEWSOS232012 1149 4192447104
Case 312-cr-00262-DAK Doc 1 Filed 052212 32 of 65 PagelD 32
32
COLlNT9
(Health Care FraudTitle 18 USC Sections 1347and 2)
The Orand Jury further charges that
121 The allegations contained in paragraphs )-16 and 18102 of this Indictmentare reo
alleged and herebyincorporatedby reference as if fully set forth herein
122 Using the methodsdescribed in Paragraphs60-78 TAREK ELKAFRAWI and
others known to the Orand Jury submitted fraudulent reports to Bureau of Workers Compensation
(BWC)resulting in BWe undercharging theTalmadge IHOP
123 From on or about June 4 2004 to the date of this Indictment in the Northem District
ofOhio Western Divisionand elsewhere TAREK ELKAFRAWI and others known to the
Grand Jury having devised and intendingto devisea scheme and artifice to defraud the Ohio
awe a health carebenefit program as defined in Title )8 t United States CodeSection 24(b) of
moneyby means of materially false representations and promises that was and is in connection
with the paymentfor health care benefits hems and services did knowinglyand willfullyexecute
theaforesaid scheme
In violation of Title 18 UnitedStatesCode Sections 1347 and 2
CQUNTlll
(Health Care FraudTitle 18USC Sections 1347and 2)
The Orand Jury further charges that
124 Theallegations contained in paragraphs 1-16 and 18-102 of this Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
PAGE 0315WTOL NEWSOS232012 1149 4192447HI4
Case 312-cr-00262-DAK Doc 1 Filed 0522112 33 of 65 PagelD 33
33
125 Using themethods described in Paragraphs 60-78 TAREK ELKAFRAWI and
others known to the OrandJury submitted fraudulent reports to BWC resulting in BWC
undercharging the Lima IHOP
126 From on or about August 31 2007 through the date of this Indictment in the
Northern District of Ohio Western Divisionand elsewhereTAREK BLKAFRAWIand others
known to the GrandJury havingdevisedand intendingto devise a scheme and artifice to defraud
the Ohio Bureau of Workers Compensation (BWe) a health care benefit program as defined in
Title 18 United StatesCode Section24(b) of money by means of materially false
representations and promises that wasand is in connection with the payment for health care
benefits items and services did knowingly and willfullyexecute the aforesaid scheme
In violationof Title 18UnitedStates Code Sections 1347and 2
COUNT 11
(Health Care Fraud Title 18 USC Sections 1347and 2)
The Grand Jury furtherchargesthat
127The allegations contained in paragraphs 1-16and 18-102of this Indictment are reshy
allegedand herebyincorporated by reference as if fully set forth herein
128 Using the methods described in Paragraphs60-78 TAREK ELKAFRAWI and
others known to the OrandJury submitted fraudulent reports to Bwe resulting in awe
undercharging the Findlay IHOP
129 From on or aboutMay 102004 through the date of this Indictment in the Northern
Districtof Ohio Western Division and elsewhere TAREK ELKAFRAWI and others knownto
theGrand Jury havingdevised and intending to devise a scheme and artifice to defraud the Ohio
Bureau of WorkersCompensation (BWe) a health care benefit program as defined in Title 18
4) lL44Hl4 WIUL NIW~
Case 312-cr-00262-DAK Doc 1 Filed 052212 34 of 65 PagelD 34
34
United StatesCode Section 24(b) of moneyby meansof materially false representations and
promises that wasand is in connection with the payment for healthcare benefits items and
services did knowingly and willfully execute the aforesaidscheme
In violation of Title 18 United States Code Sections 1347and 2
CoUNT12
(Health Care Fraud Title 18USC Sections 1347and 2)
The Orand Jut)I further charges that
130 The allegations contained in paragraphs Imiddot] 6 and 18-]02 of this Indictmentare reshy
alleged and hereby incorporated by reference as iffulJy set forth herein
13 l Usingthe methods described in Paragraphs 60-78 TAREK ELKAFRAWI and
others knownto the Orand Jury submitted fraudulent reports to BWe resulting in awe
undercharging the Central IHOP
132 From onor about February 28 2005 through the date of this Indictment in the
Northern Districtof Ohio Westem Division and elsewhere TAREKELKAFRAWI and others
known to the Grand Juryhavingdevisedand intending to devisea scheme and artifice to defraud
the Ohio Bureau of Workers Compensation (BWC) a health care benefitprogram as defined in
Title 18 United States CodeSection24(b) of money by means ofmaterially false
representations and promises that was and Is in connection with the paymentfor health care
benefits items and services did knowingly and willfully executethe aforesaid scheme
In vioJation of Title 18 United States Code Sections 1347and 2
41 I~4411~4 WIUL N~W~
Case 312middotcr-00262middotDAK Doc 1 Filed 052212 35 of 65 pagelO 35
3S
COUNT 13
(HealthCare Fraud Title 18 USC Sections 1347 and 2)
The Grand Jury furtherchargesthat
133The allegationscontained in paragraphs 1middot16 and 18middot102 of this Indictment are reshy
alleged and herebyincorporated by reference 8$ if fullyset forth herein
134 Using the methodsdescribed in Paragraphs 6Q78 TAREK ELKAFRAWI and
others known to the GrandJury submitted fraudulent reports to awc resulting in awe
undercharging the Perrysburg JHOP
135 From on or about August 30 2005 through the date ofthis Indictment in the
Northern District of Ohio Western Division and elsewhere TAREK ELKAFRAWI and others
known to the GrandJury having devised and intending to devise a scheme and artifice to defraud
the Ohio Bureauof WorkersCompensation(BWC) a health care benefit program as defined in
Title 18 United States Code Section 24(b) of money by means of materially false
representations and promises that was and is in cenneetlon with the payment for health care
benefits items and services did knowinglyand willfullyexecute the aforesaid scheme
In violationofTitle 18United StatesCode Sections 1347 and 2
COUNTS 14-17
(Mail Fraud Title 18 USC Section J341)
The Grand Jury furthercharges that
136 The allegations containedin paragraphs 1-16 and 18middot102 of this Indictmentare reshy
alleged and hereby incorporatedby referenceas if fully set forth herein
131 Fromon or about January 30 20ll through on or about April 10201 I in the
Northern District of Ohio Western Division and elsewhere Defendants TAREK ELKAFRAWI
PAGE 061lbWIDe NEWS~b1L32012 1149
Case 312-cr-00262-DAK Doc 1 Filed 052212 36 of 65 PagelD 36
36
and TAREK EIDOMARdevised and intended to devisea scheme and artifice to deframiddotud and to
obtain moneyfrom THOP Corporate by meansof materially false and fraudulent pretenses
representations and promises
MANNER AND MEANS
(t was part of the schemeand artifice that
]38 Using the methods described in Paragraphs 46-54 and 71-78 TAREK ELKAFRAWI
and TAREK EIDOMARmanipulated the SABLE Pointof Sale system to fraudulently report
debits and charges in order to hide the removal of cashdirectly from the Evansville IHOP
TAREK EID OMARat the direction of TAREKELKAFRAWI would then producea fraudulent
PampL report and mail it using the United States PostalService to provide that report to
Management Services in Wichita Falls Texas
139 Onor about each ofthe dates set forth below in the Northern District of Ohio
Western Division andelsewhere for the purpose ofexecutingand attempting to executethe
above described scheme and artifice to defraudTAREK ELKAFRAWI and TAREK EID OMAR
knowingly caused to be placed into any post office or authorized depository for mail matterany
matteror thingto besent and delivered by the US Postal Services and caused to be deposited any
matter to be sent or delivered by privateand commercial interstatecarrier the following matter
from Toledo Ohioand Evansville Indianato WichitaFallsTexas each mailingconstituting a
separate count
COUNT 14
Mm SENDER MAIL MAUER
January 302011 TAREK EID OMAR PampL report
OS232012 1149 419~447104 WTOL NEWS PAGE 0715
Case 312-cr-00262-0AK Doc 1 Filed 0522112 37 of 65 PagelD 37
37
COUNT 15
February14 2011 TAREK BID OMAR PampL report
COUNT 16
March 28 20II TAREKEID OMAR PampL report
COUNT 17
April 102011 TAREK EJD OMAR PampL report
All in violation ofTitle 18UnitedStates Code Sections 341 and 2
COUNT 18
(Use of Fire to Commit a Felony Title 18 USC Sections 844(h) and 2)
TheGrand Jury further charges that
140The allegations contained in paragraphs 1-16 and 18-102 ofthis Indictmentarc reshy
alleged and hereby incorporatedby reference as if fully set forth herein
141On or about August 10 and II 2008 [n the Northern Districtof Ohio Westem
DivisionTAREK ELKAFRAWI and JOSE LEON-GONZALEZ knowingly used fire to commit
Mail Fraud a felony prosecutable in a court of the United States
In violation ofTitle 18 United States Code Sections 844(h) and 2
COUNTl2
(Malicious Use of Fire Title 18 USC Sections 844(i) and 2)
The Grand Jury further charges that
142 The allegations contained in paragraphs 1-16and 18-102 ofthls Indictmentare reo
alleged and hereby incorporated by reference as if fully set forth herein
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38
143 On or about August 10and II 2008 in the Northern District of Ohio Western
Division TAREK ELKAFRAWIand JOSE LEON-GONZALEZ maliciously damaged bymeans
of fire and explosivematerialsa buildinglocated at 7777 Countymiddot Road 136 Findlay Ohio used
in interstatecommerce
In violation of Title 18 UnitedStates Code Sections 844(i) and 2
coUNtS 0-28
(Mail FraudTitle] 8 USCSection 1341)
The Grand Jury furthercharges that
144 The allegations containedin paragraphs 1-16and I8-102 of this lndictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
145 Fromapproximately the month of July 2008 the exact date unknownto the Grand
Jury through On or about October 27 2009 in the Northern District of Ohio Western Division
and elsewhereTAREK ELKAFRAWI devisedand intended to devise 8 scheme and artifice to
defraudFarmers InsW1J1ce Group and to obtain moneyand property by meansof false and
fraudulent pretenses representations and promises
146 It was part of the schemeand artificeto defraud that TAREK ELKAFRAWI would
submit traudulent invoices to FarmersInsuranceGroup under PolicyNumber 602926772 for
work that was not performed or performed at a lower invoice
147It was a furtherpart of the scheme and artifice that TAREK ELKAFRAWI submitted
claims forpayroll costs that were completely illusorybecause the requested claimswere for
periods the restaurant was closed and had no employees
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39
148 It was a furtherpart of the sc erne and artifice that all checks were sent directly to
TAREKELKAFRAWI at the Terry Elk G~OUP not the Findlay lHOP
149On or about each of the dates bet forth below in the Northern District of Ohio
Western Division and elsewhere for the Jurpose of executing and attempting to execute the
above described scheme and artifice to delud TAREK ELKAFRAWI knowinglycaused to be
placed into any post office or authorized dlpository for mail matterany matter or thing to be sentI
and dellvered by the US Postal Service Jd caused to be deposited any matter to be sent or
delivered by private and commercial inters~te carrier the following matter from the state of
Illinois to Toledo Ohio each mailingcon~itUting a separate count
October 17 2008
October22 2008
January 262009
October21 2009
September22 2008
January 26 2009
SENDER
Fanners Insurance
Farmers Insurance
Farmers Insurance
Farmers Insurance
FarmersInsurance
Farmers Inswance
CO 20
M61LMAmR
$S5947S 1check to Terry Elk Group
21
I $45581367 check to Terry Elk Group
~ I $24444302 check to Terry Elk Group
~ I $2262384 check to Terry Elk Group
bOUNTM
I $2500000 check to Terry Elk Croup
~ $15684795 check to Terry Elk Group
PAGE 1015WTOL NEWS05232012 1149 4192447104
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40
COUNT 26
October ~ I 2009 Farmers Insurance $4285205 check to Terry Elk Group
COUNT 27
February 172009 Farmers Insurance $20867200check to Terry Elk Group
COUNT 21
October 27 2009 FarmersInsurance $15226400 check to Terry Elk Group
All in violationofTitle 18 United States Code Section 1341
COUNT 29
(Aggravated IdentityTheft Title 18 USC Section 1028A and 2)
The OrandJury furthercharges that
ISO The allegations contained in paragraphs 1-16and 18~102 of this Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
J51 Onorabout October9 2007 in the Northem District of9hlo Western Division
TAREK ELKAFRAWI did knowinglyuse without lawftllauthority a means of identification of
another personduring and in relation to the commission ofWire Fraud a violation ofride 18
United States Code Section 1343
In violation of Title 18 United States Code Sections I028A(a)(1) and 2
CQVNT30
(Aggravated Identity Theft T~tle is USC Section l028A and 2)
The Grand Jury further charges that
152 The allegations eontained in paragraphs 1-16 and 18-102 of this Indictment are reshy
alleged and hereby incorporated by reference as if fully set forth herein
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41
153 On or about May 192008 in the Northern District of Ohio Western Division
TAREK ELKAFRAWIdid knowingly use without lawfulauthoritya means of identification of
another personduringand in relation to the commission of Wire Fraud a violation ofTitle 1g
United StatesCodeSection I~43
In violation of TitJe J8 UnitedStates Code Sections 1028A(a)(I) and 2
COUNT31
(Aggravated IdentityTheftTitle 18USC Section J028A and 2)
The Orand Jury furthercharges that
154 The allegations contained in paragraphs 1-l6- and 18middot102 of this Indictment are reshy
alleged and herebyincorporated by reference as if fully set forth herein
155 On or aboutJuly 132Q09 in the Northern District of Ohio Western Division
TAREK ELKAFRAWIj did knowingly use without lawfuJ authority a means of identification of
another personduring and in relation to the commission of Wire Fraud a violation of Title 18
United StatesCodeSection 1343
In violationofTitle 18 United States Code Sections 1028A(aXl) and 2
COlNT32
(Aggravated IdentityTheft Title 18USC Sectlon J028A and 2)
The Grand Jury furthercharges that
J56 Theallegations contained in paragraphs1-16and 184 J02 of this Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
157On or about May3l 2009 in theNorthern Districtof Ohio Western Division
TAREK ELKAFRAWI did knOWingly use without lawful authoritya means of identification of
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42
another person during and in relation to the commission of Wire Fraud a violation of Title 18
United States Code Section 1343
In violation ofTitle 18 United States Code Sections 1028A(a)(I) and 2
COUNT 33
(Aggravated Identity Theft Title 18 UsC Section l028A and 2)
The GrandJury further charges that
138 The allegationscontainedin paragraphs 1-16 and 18-]02 of this Indictment are reshy
alleged and herebyincorporated by reference as if fullyset forth herein
159 On or about October 22008 in the Northern District of Ohio Westem Division
TAREK ELKAFRAWI did knowingly use without lawfulauthority a means of identification of
another personduring and in relation to the commission of Wire Fraud a violationof Title 18
United States Code Section 1343
In violationof TItle ]8 United States Code Sections 1028A(a)(I) and 2
CQVNT34 (Aggravated IdentityTheft Title 18 USC Section 1028A and 2)
The Grand Jury furtherchargesthat
160 The allegationscontained in paragraphs 1-16and 18-102ofthis Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
16t Onor about January27 2008 in the Northern District of Ohio WesternDivision
TAREK ELKAFRAWI did knowinglyuse without lawfulauthority a means of identification of
anotherpersonduringand in relation to the commissionofWire Fraud a violation ofTitJe 18
United States Code Section 1343
In violation of Title 18United States Code Sections l028A(a)(1) and 2
I I
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Case 312-cr-00262-DAK Doc 1 Filed 052212 43 of 65 PagelD 43
43
COUNT 35 (AggravatedIdentityTheft Title 18USC Section 1028A and 2)
The Grand Jury further charges that
162The allegations contained in paragraphs I-16 and 18-102 of this Indictment are reshy
alleged and herebyincorporated by reference as jf fully set forth herein
163On or about March 72009 in the NorthernDistrict of Ohio Western Division
TAREK ELKAFRAWI and KHALED YOUSEF did knowinglyuse without lawful authority a
means of identification of another personduringand in relation to the commission of Wire Fraud
a violation of Title 18 United States Code Section 1343
In violationof Title 18 United States Code Sections 1028A(a)(1)and 2
COUNT 36
(Aggravated IdentityTheft Title 18 USC Section 1028Aand 2)
The GrandJury further charges that
164 The allegations contained in paragraphs 1-16 and 18-102 of this Indictmentare reshy
allegedand hereby incorporated byreferenceas if fully set forth herein
16S On or about March tS 2009 in the Northern District of Ohio Western Division
TAREK ELKAFRAWI and KHALED YOUSEF did knowinglyuse without lawful authority a
means of identification of another person duringand in relation to the commission of WireFraud
a violation of Title 18United States Code Section 1343
In violation ofTitle 18United States Code Sections l028A(a)(1) and 2
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COUNT 37
(Aggravated Identity The~ Title 18 USC Section l028A and 2)
The GrandJury further charges that
166 Theallegations contained in paragraphs 1-16 and 18-] 02 of this Indictment are reshy
alleged and hereby incorporated byreference as if fully set forth herein
167 On or aboutJuly 21 2009 in the Northern District of Ohio Western Division
TAREK ELKAfRAWI and RAMIZAWWAO did knowingly use without lawful authority a
means of identification of anotherperson duringand in relation to the commission of WireFraud
a violation of Title 18United States Code Section 1343
In violation ofTitle 18 UnitedStates Code Sections l028A(a)(1) and 2
cOUNT38
(Aggravated Identity TheftTitle 18 USC Section 1028A and 2)
The Grand Juryfurthercharges that
168Theallegations contained in paragraphs 1-16 and t8-102 of this Indictment are reshy
alleged and hereby incorporated by reference 8S if fully set forth herein
169 On or about July 132009 in the NorthernDistrict ofOhio WesternDivision
TAREK ELKAFRAWIand IAMIL MOHAMMED AWWAD did knowingly use withoutlawful
authority a meansof identification of another person during and in relation to the commission of
Wire Fraud a violation ofTitle 18 United States Code Section 1343
In violation of Title 18 United States CodeSections l028A(a)(1) and 2
11 4l 41 l~44 IUl4 WIUL NIWl
Case 312-cr-00262-DAK Doc 1 Filed 0522112 45 of 65 PagelD 45
45
COUNT 39
(Identity Theftt Title 18 USC Sections 1028 and 2)
The Grand Jury further charges that
170 The allegationscontained in paragraphs 1-16 and 18-102 of this Indictment are reshy
alleged and hereby incorporated by reference as if fully set forth herein
171 On or about December132010 in the Northern District orOhio Western Division
TAREKELKAFRAWI and DONNA J HARRIOTTt did knowingly use in or affectinginterstate
or foreigncommerce without lawful authority a means of identification ofanother person to wit
s social securitynumber and date of birth with the intent to commit or to aid or abet or in
connectionwith any unlawful activitythat constitutes Wire Fraud 8 violation of 18USC
sect1343 and the offense involved the useof an authentication feature that is or appears to be an
identification document or authentication feature issued by Or under the authority of the United
States
All in violation ofTitle 1St United States Code Sections 1028(a)() (b)(l )(A)(l) and (f)
and 2
COUNI40
(Identity Theft Title 18USCbull Sections 1028and 2)
TheGrand Juryfurther chargesthat
172The allegationscontained in paragraphs 1-16 and J8middot102 of this Indictment are reo
allegedand hereby incorporated by referenceas if fully set forth herein
173On or about May42010 in the Northern District ofOhio Western Division
TAREK ELKAFRAWI and SARA RINEBOLT did knowingly use in or affecting interstate or
Case 312-cr-00262-DAK Doc 1 Filed 052212 2 of 65 PagelD 2
2
The GrandJury charges that
GENERAL ALLEGATIONS
rNTRODUCTIQN
At all times material to Counts 1middot1S of this Indictment
I Dine~quity was a pubHcally traded corporationheadquartered in Glendale California
that owned and operatedas a franchisor among other entities the International House of
Pancakes LLC(hereinafter IHOP Corporate) franchise Individual stores operated underthe
brand nameIntemationa House of Pancakes (hereinafterHOP)
2 The IHOP franchise consists of approximately 1522 domestic and intemational
restaurantsthat feature variousbreakfast itemsfor sale in its franchisee restaurants
3 As set forth in the DineEquity Franchise Disclosuredocumentprovidedto all IHOP
franchisees and relevant to the times and dates material to the charges contained herein
franchisees leasedindividuallHOP storesfrom IHOP Corporate IHOPCorporatecharged
franchisees two separate fees The first fee was an equipment and land Jease for the store The
second fee was for royalties and advertising that was approximately eight percent (8)of the
franchiseemors weekly net sales Bothof these fees were collected weekly The stores paid
the fees by electronic funds transfer in interstate commerce
4 As required by the franchise agreement all IHOP stores were required to maintaina
weeklysales tally by usingone of two Pointof Sale systems SABLE was a systemused by a
minority of stores in 20 t0 lHOP Corporate ordered it to be phased out and replaced with the
MICROS PointofSale system (hereinafter MICROS) The sales figurescompiled by both
systems wereremotely accessed by IHOPCorporate weekIyvia the Internet
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5 MICROSis a computer operating system that operated from a central server in each
store and several Point of Sale computer terminals that were connected to the server via cable or
wireless technology the Point of Sale terminals usually did not have Internet access but the main
server was connected to the Internet and in fact communicated with IHOP Corporate remotely
via the Internet
6 Among other functions MICROS was used by waitstaffto enter orders track orders
and produce customer checks The tenninals could process credit card payments record cash Or
check transactions and record voidedor discounted transactions Likewise MICROS contained
software that logged employeework hours and could be used by management to create detailed
sales reports showing various sales statistics Of note MICROS was a proprietary software that
contained several levelsof access controlled bypasswords and authorizations thus IHOP
Corporate had a different level of access to the MICROS system than a waiter did Likewise
entities with certain privileges could access the system remotely as IHOP Corporate did weekly
to download net sales figures
7 In addition to monitoring the net sales by IHOP franchisees through accessing the
MICROS system weekly IHOP Corporate created two levels of corporate contact at a more local
and regional level Although at various times during the relevant time period their titles changed
the Franchise BusinessConsultant (hereinafter FBC) was the first point ofcontact a franchisee
maintained with IHOP Corporate The FBC in turn reported to a Regional Director (hereinafter
ROn)
8 Within the IHOP Corporate structure the FBe and RD had oversight and reporting
duties for each IHOP in their regionand functioned as the representatives of IHOP Corporate
5E11 ~10~E~9091E0 397d SM3N lOlM
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and its interests Additionally FBC and RD personnel reported to IHOPCorporateon topics that
affected a franchisees standingwithin the corporation including a franchisees abilityto receive
relief fundsor advertising funds from IHOP Corporate or preferred treatmentbased on periodic
reviewsand auditsof the franchisees business
9 As such JHOP Corporate restricted the nature and extent of the business relationships
FBCsor RDs had with franchisees For instance an FBC or RD was forbidden to engage in
personal business transactions with a franchisee and likewisecould not personally profit from the
operationor saleof a franchise
10 Priorto December 18 2003 TAREK ELKAFRAWIowned and operatedtwo IHOP
franchises one was locatedat 601 North Burkhardt Road Evansville Indiana (hereinafter
Evansville) the other was located in Decatur Illinois At that time AUTUMN LEE
TANGAS worked for IHOPCorporate in the DecaturIllinoisregion TAREK ELKAFRAWI
maintained a social friendship with her in additionto their businessrelationship
11 Onor about August 192003 TAREK ELKAFRAWIand a personknown to the
GrandJury purchased the IHOP located at 4045 Talmadge Road Toledo Ohio (hereinafter
Talmedge) On or about December 92003 TAREK ELKAfRAWI AUTUMN LEE
TANGASL R (not charged in this indictment) and another personknown to the GrandJury
purchasedthe IHOP franchise located at 6535 Airport Highway HollandOhio (hereinafter
AirportHighway) On or about December 182003 TAREK ELKAFRAWI purchasedthe
IHOP franchise locatedat 7777Township Road 236 FindlayOhio (hereinafter Findlay) In
order to aid in runningthe franchises TAREKELKAfRAWI who was still residingprimarily in
EvansvllleJndlana made MK (not charged in this indictment) also knownas MK and MK
9110 39lJd SM3N lOlM
Case 312-cr-00262-DAK Doc 1 Filed 052212 5 of 65 PagelD ~ 5
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the district manager for the ftanchises and hired KM (not charged in this indictment) to serve as
area manager
12Between on or about December29 2004 and on or about December 20 2006
TAREK ELKAFRAWI MK and KM purchased togetherand with others both knownand
unknownto the OrandJury the following IHOP franchises in and around the Toledo Ohioarea
6920 West Central Avenue Toledo Ohio (hereinafter Central) 10151 Fremont Pike
Perrysburg Ohio (hereinafter Perrysburg) and 3289 Elida Road Lima Ohio (hereinafter
13 On or aboutNovember7 2001 TAREKELKAFRAWI sold his interest in the
Decatur Illinois mop Thus for the relevant time period covered in this Indictment TAREK
ELKAFRAWI MK KM AUTUMN LEETANOAS and others known to the Grand Jury
owned in wholeOr in Part operated together and benefitted financiaJly from the roHowing
IHOPfranchises Evansville Talmadge Airport Highway FindlayCentral Perrysburg and
Lima
14Starting from the time TAREK ELKAFRAWI operated onlythe Evansville and
Decatur IHOPs through the present TARBK ELKAFRAWI MK KM and AUTUMN LEE
TANGASthroughtheir operationcontroland oversightofthe franchises used various frauds
schemes and criminal activities to fraudulently manipulate sales figures salaries and pa)TOll
and losses in an attempt to evade taxes avoidpaying royalties and other financial obligations
and to unjustJy and illegally divert money from the [HOP franchises to themselves
15 Through the manipulation of the MICROS system the hiring and harboringof illegal
aliens the aggravated theft and use of identification documents and the unauthorized remittance
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of checks TAREK ELKAFRAWI conspired together with MKbull and with others both known
and unknownto the Grand Jury to harbor aliens and commit identity theft in furtherance of and
in support of maiJ and wire fraud schemes as detailed below
The Grand Jury charges
COUNT 1
(Money Laundering Title 18 USC Section 19S6(hraquo
16 The infonnation contained in the General Allegationsparagraphs 1-15above is
incorporatedby reference herein
17 Fromon or about August 192003 to the date of this indictment in the Nonhero
Districtcf Ohio WesternDivision and elsewhere the Defendants TAREK ELKAFRAWJ
TAREK EID OMAR KELLYELKAFRAWI and AUTUMN LEE TANGAS did knowingly
and intentionallycombineconspire and agree with each other and with other persons both
knownand unknown to the GrandJury to commitoffenses against the United States in violation
of Title 18 UnitedStates Code Section 19S6(h) to wit
(a) to knowingly conduct and attempt to conduct a financial transaction affecting
interstateand foreign commerce which involved the proceeds of a specified unlawfulactivity
that is Alien Harboring a violationofTitle 8 UnitedStates Code sect 1324 with the intent to
promote the carrying on of specified unlawful activity that is MaiJ Fraud and Wire Fraud
violations of Title 18 United StatesCode sectsect 1341 and 1343 respectivelyand that while
conductingand attemptingto conductsuch financial transaction knew that the property involved
in the financial transaction representedthe proceedsof some form ofunlawful activity in
violation ofTide 18United States Code Section 1956(aX l)(A)(i) and
Case 312-crmiddot00262-DAK Doc 1 Filed 052212 7 of 65 PagelD 7 ~
7
(b) to knowingly conduct and attempt to conduct a financial transactionaffecting
interstateand foreign commerce whichinvolved the proceeds of a specified unlawful activity
that is Mai I Fraudpursuant to 18 UsC sect1341 with the intent to engage in conductconstituting
a violation of26 USC sect 7201 to wit evasion ofpaymentof taxes and that while conducting
and attemptingto conduct such financial transactionknew that the property involvedin the
financial transaction represented the proceedsof some form of unlawful activity in violalion of
Title 18~ United States Code Section 19S6(a)(1)(A)(ii)i and
(c) to knowingly conduct and attempt to conduct financial transactionsaffectinginterstate
commerceand foreign commercewhichtransactions involved the proceeds of Ii specified
unlawful activitythat is Mail Fraud pursuant to 18 USC sect1341 knowingthat the transactions
were designedin whole or In part to concealand disguise the nature Iocanon source ownership
andcontrol of the proceeds of said specifiedunlawful activity and that while conductingand
attemptingto conduct such financial transactions knew that the property involved in the fm811cial
transactionsrepresentedthe proceedsof some fonn of unlawful Beth-it) in violationof Title 18
UnitedStates Code Section 1956(a)(I)(8)(i) and
(d) to transport transmit W1d transfer and attempt to transport transmit and transfera
monetary instrument or funds involvingthe proceedsofa specified unlawful activity that is Wire
Fraud pursuantto 18 USC sect 1343~ from a place in the United States to or through a place
outside the United Statesknowing that the funds Involved in the transportation transmission
and transferrepresented the proceedsof some fonn of unlawful activity and knowing that such
transportation transmission and transfer was designed in whole Or in part to conceal and
disguise the nature locationsource ownershipand control of the proceeds of said specified
l13tLlpZ5tlSM3N lOlM9tL13 397d
Case 312-cr-00262middotDAK Doc 1 Filed 0522112 8 of 65 PagelD 8 ~
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unlawful activjry in violation of Title 18 United States Cyene Section 956(a)(2)(B)(i)
MANNER AND MEANS OF THEICONSPlRACY
18The mannerand means used to accomplish the bjectives of the conspiracy included
among others the folJowing
Koowiag Emplo)meat of U1eFaJ Aliens
19 From approximately December 18 2003 to the ~~te of this indictment the
Defendants TAREK ELKAFRAWITAREK BID OMARKELLY ELKAFRAWI and
AUTUMNLEE TANGASemployed over 200 illegal alieqs to workat the seven identifiedI
IHOP restaurants At the directionofTAREKELKAFRAWI and others known to the Orand i
Jury most of these aliens used fraudulent or stolen identificrtions while working at theseven
IHOP restaurants
20 Inorder to locateand recruit these illegal aliensIfAREK ELKAFRAWIand MK
employed several individualsknown to the Orand Jury inclyenSing but not limited to CARLOS I
GAMBOA JOSE LEON-GONZALEZ aka Jose Leon aka fose Vargas aka Juan Vargas aka
Edwin Martel FV-P and SL (not charged in this indictme~t) to recruit Illegal aliensto work at
IHOP and to IU1BJ1ge for theirarrival at one of the seven id~tified IHOP restaurants I
21 When an iHega] alien arrivedas an employee thelmanagerof the HOP at the I
directionof TAREK ELKAFRAWI MK or KM would nter the alien into the MICROS
system usingeithera fraudulent identification or II name alreadyin the systemi
22 If the illegal alien had falsepaperwork or dceumentatlon the manager would accept it I
without verifying its legitimacy conversely if the illegal aliep did not have documentation
TAREK ELKAFRAWI MK or KM would arrange for C~RLOS GAMBOA JOSE LEONshyI
Case 312-cr-00262~DAK Doc 1 F=i1ed 0522112 9 of 65 PagelO 9
9
GONZALEZ FV-P 0[ others known to the Grand Jury to obtain frCudulent documcntation for
the illegal alien
23 Additionally to further the scheme to harbor and conceal the identity of the illegal
aliens TAREK ELKAFRAWIand MK would individually and personallydirect managers and
others known to the Grand Jury to cash the payroll checks of illegal aliens
24 TAREKELKAFRAWl and MK also would cash payrollcheckscfallens against
their personalbank accounts in order to help conceal the presence of illegalaliens Likewise
TAREK BLKAFRAWI authorized managers to cash payroll checks at the restaurants for illegal
alienemployees
25 It was COmmon practicefor TAREK ELKAFRAWI MK KMbulland TAREK EID
OMAR to assign multiple identities to employees for the purpose of employeesavoiding taxes or
receiving govenunentbenefits as well as to avoidpaying employees overtime wages
26 As a result of hiringand harboring illegal aliens TAREK ELKAFRAWI and MK
wereable 10 manipulate the wages of employeesreported to the Internal RevenueService for
purposes ofundelTeporting theirpayroll tax liability
27 Further by employingandharboring iJ legal aliens TAREK ELKAFRAWI and MK
manipulated Form94 reports to theBureau of WorkersCompensation for the State of Ohio
(hereinafteraWe) thus drastically reducing the franchises bi-annual payments to the state
agency
28 Further by employing and harboring illegal aliens TAREK ELKAFRAWI and MK
wereable to underpay manipulateand minimize the amount of money they actually paid to the
illegal aliens knowing the aliens would not complain or report them to law enforcement
SM3N lOlMpound150 391d
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Understating Income
29 The schemes described in Paragraphs 19 through 28 further allowed TAREK
ELKAFRAWI MK K M and TAREKEID OMARto createan environment ill which the
managers were expected to manipulate the Pointof Sale systems to reduce the weekly netsales
figures
30 ByartificiallY deflating the net sales figures TAREK ELKAFRAWI and coshy
conspirators defrauded IHOP Corporateby paying a smalleramount of rent and royaJties to
JHOP Corporate than was actually owed furthermore the franchises qualified for rebates and
relief assistance payments from IHOP Corporate for which theyotherwisewould not have been
eligible
31 Asa resultof the underreporting of incomeandmanipulation of wages resulting from
the hiring andharboring of illegal aliensTAREKELKAFRAWl and MK as owners and
operators of the seven identified IHOP restaurants aidedand abetted by KM and AUWMN
LEETANOAS generated over$12 million in unreported income
32 Toconceal the existence of unreported income andto promote the continuance of the
schemefacilitated by the alien harboring TAREKELKAFRAWI and MKengaged in a
continuing courseof wirefraud by electronically transferring assets and fundsto credit cards in
the names of the mop franchises to a shellcorporation that is the TerryElk Groupto other
cornmerclal investments to bank accounts opened in the names of false fraudulent and stolen
identities to foreign and domestic properties and to foreign bank accounts
ColJusion with the FBC
33 In order to conceal the nature of the wire fraud TAREKELKAFRAWI MK and
srat 391d SM3N lOLM
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11
KM enlisted AUTUMN LEE TANGAS the FBe for the regionto minimize the likelihood that
IHOP Corporate would question the weekly net sales figures underreported bythe seven
IdentifiedJHOP restaurants
34 Specifically in December2003TAREK ELKAFRAWI enteredinto an agreement
with AUTUMN LEETANGAS in which AUTUMN LEETANOAS friend LR (not charged
in this indictment) would receive health benefits and paychecks in return for AUTUMN LEE
TANGAS making an undocumented investment in the FindlayIHOP
35 Prior to the December 182003 purchase of the Findlay IHOP byTAREK
ELKAFRAWI AUTUMN LEETANOAS had informed TAREK ELKAFRAWIthat IHOP
Corporateneededto find a suitable purchaser for the Findlay poundHOP AUTUMN LEE TANOAS
knew that TAREK ELKAFRAWI did not have the financial ability to purchase the franchise at
that time hut that she herself did However AUTUMN LEETANGAS knew that because of
her position 8$ FBC she was precludedby IHOP Corporate from investing in any franchise
36 Inreturn for providingTAREK ELKAFRAWI$50000 to purchase the Findlay
IHOP AUTUMN LEETANGAS friend LRwas listed as minority owner of the Airport
Highway mop and receivedweekly paychecks andhealth benefits from that corporation despite
the fact that she never worked as an employee there
37 On or about December6 2004 AUTUMN LEE TANGAS deposited a $5000 check
drawn on the Airport HighwayIHOP account(and signedby TAREK ELKAFRAWI) into her
bank accountas a partial return on her sub rgainvestment in the Findlay IHOP
38 On or about April 23 2005 AUTUMN LEE TANOAS depositeda $40000cashiers
check from TAREK ELKAFRAWls personal bankOld National Bank in Evansville lndiana
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Case 312~cr-00262middotDAK Doc 1 Filed 052212 12 of 65 PagelO 12
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into her bank account as ~ partial return on her investment in the Findlay IHOP
39 AUTUMN LEETANGAS failed to inform lHOP Corporateof her financial
relationship witheitherLR or TAREK ELKAFRAWI
40 On or about June 8 2005 AUTUMNmiddot LEETANOAS deposited a $20000 check
drawn on the Airport Highway IHOP account (andsignedby TAREK ELKAFRAWI) into her
bankaccount as a final return on her investment ill the FindlayJHOP Since that investment
AUTUMN LEETANGAS hal continued to serveas FBC for the restaurants owned and operated
by 1AREK ELKAFRAWI and othersknown to the Grand Jury During that time those
restaurants wereneveraudited nor were their sales losses or financial performances questioned
41 IHOPCorporate also was not notified of a fire at the FindlaylHOP in 2008 that
resulted in approxhnately $136 million in damage claims by TAREK ELKAFRAWI and the
closureof the location for three months Such information is the type ofmaterial information
IHOP Corporate expects FBCs to collect and provide in reports to headquarters
42 On multiple occasions known to the Grand Jury AUTUMN LEETANGAS informed
managers of the Toledo-area IHOPs that she knewthat a numberof illegal aliens worked for the
lHOPsownedand operated by TAREKELKAFRAWIand madestatements to persons known
to the Grand Jury that everyone wouldbe in trouble if that fact became known
43 Pan afthe incomplete and erroneous infcrmation provided by AUTUMN LEE
TANGAS to IHOPCorporate included her filing yearly reports recommending that lHOP
Corporate subsidize the Central Avenue IHOP by providing a weekly credit ofapproximately
$2300 This credit referred to as a reliefpayment was supposedto be used to lessen the burden
of payingweekly rent and royalty payments for an underperforming restaurant Originally
SIC1 3911d SM3N lOlM
I
Case 312-crmiddot00262-DAK Doc 1 Filed 0522112 13 of 65 PagelO 13
13
intended by mop Corporate to be a temporary short-term paymentused in extraordinary
circumstances through the attestations andsupport of AUTUMN LEETANGAS theCentral
IHOP received credits for overfive years Asa resultTAREKELKAFRAWIpersonally
realizedover$500000 in revenue that otherwise would have been retained by mop Corporate
44 Additionally the annual reports supporting on-goingrellefpayments enabled TAREK
ELKAFRAWI and MK to justify declining sales which in actuality were a direct result of
Point of Sale system manipulations and otherfrauds rather than a marketcondition affecting the
franchise
45 Protected from IHOPCorporate scrutiny TAREKELKAFRAWI MK and KM
directedand controlled several ongoingwirefraud schemes involving the finances of their IHOP
franchises These wire fraudschemes faU intothe following categories Point of Salesystem
manipulations of the grossand net sales and fraudulent reporting of assets and liabilities to skew
the performance of certain restaurants thereby qualifying them for IHOPCorporate benefits
false reporting to ewe and payroll manipulations to enable improperhealthand welfare
benefits
Point of Sales MauipulatloD
46 In addition to the aboveschemes from approximately 2004 to the dateof this
indictment TAREK ELKAFRAWI MK and TAREK EID OMARpersonally directed
managers to manipulate the Pointof Sale systems in order to remove cash from the stores 8S
unreported income
47 TAREK ELKAFRAWI and MK directed the Point of Sales system remotely
through the use of software that gave them full access and controlof the Pointof Salessystem
SM3N lOLM
Case 312-cr-00262-DAK Doc 1 Filed 0522112 14 of 65 PagelD 14 )4
from their homes Since approximately 2010-20]) TAREK ELKAFRAWI and MK have used
softwarecalled Team Viewer This software was installed on the home computers ofTAREK
ELKAFRAWI and MK in 2010 and 2011 respectively shortlyafter the latestMICROS system
was installed on all [HOP computers
48 One of the schemes to defraud was to manually reset the internal clock and calendar
of the MICROSsystem For instance on a Monda) the MICROS system would be set two days
ahead this would essentially pausethe system from downloading and compilingthe sales
figWes Thus although on that Wednesday the MICROS system would recognize the sales
recorded for Monday Tuesday and Wednesday and create aggregate statistics for those three
days the fact that the system was paused for thosedays allowed managers to manipulateor
under-report all of the cash transactions because cash transactionswere recognized as open
tickets for those threedays
49 The benefit of having an openticket was significant As long as a ticket was
open a sale was not considered complete that ticket could then be manipulated or even
deleted completely Thus when the MICROS system clocks werereset any open tickets or
cash transactions could be voided in MICROS and the easb receivednot recorded
50 In addition to manipulatingthe intemalsettings of MICROS MK and TAREK
ELKAFRAWI deviseda scheme whereby the MICROSsystem would simply be turnedoff
either by MK or a manager and product sales rung up manually
5 t Like the clock-settingscheme when MICROS was off-line tickets became
unreportable so cash transactions were not recorded by the system and moniescould be received
and deposited without lUI) paper trail Such transactions were not taxed and the sales were not
SM3N lOlM
middot
Case 31Z-cr-OQ262-DAK Doc 1 Filed 052212 15 of 65 PagelD lS
]5
recorded at the IHOP Corporate level so money that would otherwise have triggered the payment
of taxes or franchise feeswas kept by TAREK ELKAFRAWI as unreported income
52 TAREK ELKAFRAWI MKand TAREK EID OMARalso manipulated the
reporting of sales through the use of coupons When a customer paid in cash the store manager
was directed to use a store coupon to reduce the ticket or void the sale completely Therefore the
difference betweenthe reduction or void was not reflected in the final sale total and could be
taken by management as unreported income Accordingly TAREKELKAFRAwr MK and
TAREK EID OMARdirected their managers to use cash sales transactions to realize unreported
incomebull
53 ~AREK ELKAFRAWIand TAREK BIDOMAR manipulated the SABLE systemin
the Evansvillerestaurantmuch morebrazenlythan in theToledo-arearestaurants because of
certain exploitablecharacteristics of the SABLEsystem
54 Manipulations also affected employees salaries Starting in 2004 and continuing
through the present TAREK ELJltAFRAWI MK and TAREK ErO OMARdirected managers
to automatically deduct30 minutes fromalmost every employees time card daily in the Pointof
Sale systemsusing the BmiddotSO1 programs ability to edit entries
Manipulatiag Profit and Loss Statemenl$
55 The goal of these schemeswas to divert money from the restaurants actual gross
income into the personal accounts ofTAREK ELKAFRAWI and MK as unreported and
untaxed income As part of the schemeto laundermoney and evade federal state and local
taxes TAREK ELKAFRAWIMKbull KMand TAREK EID OMAR also directedaccountants
=iMlN nlM
PAGE 0115OS232012 1144 4192447104 WTOL NEWS I
Case 312-cr-00262-DAK Doc 1 Filed 052212 16 of 65 PagelD 16 I bull bull
16
and bookkeepers to manipulatethe profit and loss statements (hereinafterPampLs) and balance
sheets for their various corporations
56 A PampL is a physical or electronic documentdetalHng how a corporations gross
income is transformed into the net income It displays the reported gross income for a specific
period oftime and the costs and expenses charged against this income The purpose is to show
interestedpartieswhetherthe corporation lost Or made money The accountants created the PampL
statements using data providedby TAREK ELKAFRAWI and MK and relied on those PampLs to
filecorporate taxes
57 That data wasculled from various sources MK helped create the PampLspreadsheets
by providing the documents to the managersand then received the completed weekly
spreadsheets via email Upon receiving the PampL spreadsheets the restaurant managers added in
reported total sales laborcosts for the staff invoicesfor food and supplies food discountsand
manager voids However the managers salaries end the restaurants rent expenses were entered
in the spreadsheet by MK and could not be altered by other employees Included in the
spreadsheetportioncreated by MK were some budgetary lines containing debits for categories
that simply did not exist as businessexpenses Thenumbers provided by MK were inflated
For example the LimaIHOP PampLlisted a gross total ofapproximately$ ]500 per week for
managers salaries However the number that MK entered into the PampL for managers salary
was $2100 per week Likewise the amount paid in rent was consistently inflated in excessof
actual rent payments for the tHOP restaurants The spreadsheets were then submitted to the
accountantswho created the PampL TAREK ELKAFRAWI reviewed the final PampL and made
revisions to further hide his efforts to divert profits
41l44flI14 WIUL NcW~
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17
58 Byknowingly entering inaccurate infonnation into the PampLs TAREK ELKAFRAWI
MK KM and the store managersactingat their direction in effect manipulated the tax
burden levied on their corporation byfederal state and local governments
59 Furthermore as II result of the PampLmanipulation the net profits Were artificially
deflated to minimize the amount of royalties and rent paid to IHOP Corporate
Defrauding Worken Compensation
60 Beginning in approximately2003 TAREK ELKAFRAWI MK and KM set up
various schemes to defraud BWC and lowerthe amount they had to pay into the Workers
Compensation system BWCpayments helpcover the cost of injuries to employees whoare hurt
on the job and functions as a ferm of insurance for a company The percentageof wagespaid by
the employerare relatedto the type of business a companydoes the number of employees the
number of claims in prior reporting periodsand other factors to arrive at a semi-annual figure
owed by a company
61 From 2004 to the present TAREK ELKAFRAWIand MK manipulated some of the
factors used by awe to determine an employers premiumsfor its employees For instance
since managers premiumsare calculated at a higher rate because their salaries are greaterthan
other employees TAREKELKAFRAWI MK and KM devised a scheme to lower manager
reporting to zero(0) likewise a cooks premium would be calculated at a higher rate because
they work in moredangerous situations thanwaitresses TAREK ELKAFRAWI MK and
KM developedwaysto manipulate the reporting ofemployees average weekly salaries Also
although overtime and tips are calculated by BWCTAREK ELKAFRAWI MK and KM
WIUL NtW~41 j~441~4~o~~pound~l~ 1144
Case 312-cr-OD262middotDAK Doc 1 Filed 052212 18 of 65 PagelD 18
18
deviseda schemeto avoid includingthose two factors in the final equation to fraudulently
understate premiums owed to awe
62 During2004 MK and KM submitted the semi-annual reports in person at the
Toledo office ofBWC The paymentswere made via check which triggered an electronic funds
transfer from IHOP bank accounts to BWe accounts In 2005 awc switched to an electronic
filing system
63 MK directedKM to use the averageof the lowest weekly payroll to calculatethe
semi-annual wage figure despite the fact that Bwe regulations required an average ofall weekly
wage figures for the reporting period By submitting only an average of the lowest weeks
TAREK ELKAFRAWI MK and KM deflatedthe wage figure
64 To further depress the numbers MK told KM to omit the salaries ofmanagers and
tips and then deductmore from the total Generally this manipulationdecreased the final wage
figure by an additional twenty percent(20)
6 From 2004 to the date of this indictment TAREK ELKAFRAWI was made awareof
the paymentfigure regardless of who filed the form and directed each paymentto be lower than
the previousone
66 DespiteTAREK ELKAFRAWls seeminglyarbitrarY calculus this reportingfigure
could be audited by awe The department required all businesses to file a Form 941 which
listed employees wages and taxes paid every90 days for the purpose ofpaying federal taxes
67 The Fonn 941 was created for BWC using Profit and Loss sheets MICROS and
payrollrecordsand was generally consistentwith those documents
WTOL NEWS PAGE 0415OS232012 1144 4192447104
Case 312-cr-00262-DAK Doc 1 Filed 052212 19 of 65 PagelD 19
19
68 During an audit BWe could request the Form 941 and compare those numbers with
the numbers provided to awe
69 Between 2004 and 2009 KM received noticesof Bwes intention to audit various
Toledo IHOP locations Each timea notice was receivedKM TAREK ELKAFRAWI and
MK simplyignored it Threeof the auditswere never perfonned by BWC
70 BWe did audit the Findlay IHOP in 2007 fora two-year period Originally it was
determined that the restaurant owed over $55)000 in unpaidawe premiumsfor that timeperiod
71 In orderto avoid paying these premiums KM amendedtherestaurant)s worksheet
deletingmanagersnames from the list of employees and fraudulently listing the managers 8S
officersof the corporation that owned Findlayand therefore we~ exempt from payingworkers
compensation premiums However the Articles of Incorporation were not changed to list these
managers as corporate officers
72 Bymaking this change at the direction ofTAREK ELKAfiRAWI KM reportedly
reduced the amount of premiums owed awe to approximately i35000 When AunrMN LEE
TANGAS learned of thisscheme rather than reporting it to IHOP Corporate either the crime or
the addition of newofficersas required by corporate policy she told KM Youjust saved
TAREKs a-
73 In 2007 in response to the auditTAREKELKAFRAWI MK and KMcreated the
Terry Elk Group all managers weretransferred to that company and put on its payroll The
Terry Elk Group was created byKM at thedirection ofTAREK ELKAFRAWIto further
minimize payments to awe
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20
74 Although each of the seven identifiedmop restaurants transferred money to the
Terry Elk Groupto pay salaries for managers the Terry Elk Group never paid awe taxes
75 TAREK ELKAFRAWIand MK were officers of the Terry Elk Group and TAREK
ELKAFRAWland AUTUMN LEETANGAS both told KM that this was a great solution to
avoid payingBWC
76 The falsification of recordsand thecreation of the Terry Elk Group resulted in an
underpaymentofapproximately S2S0OOO to BWe
Document FJ1lud
77 TAREK ELKAFRAWI MK and TAREK EID OMAR further manipulated the
accounts of the IHOPrestaurants in order to laundermoney through false payouts and
fraudulentlyreported transactions
78 TAREK ELKAFRAWI MKand TAREK EID OMAR used a system of payouts
in the fonn of paper receipts deposited in the cash registers to reflect further unreported cash
withdrawals While these receipts were ostensibly for occasional items such as landscaping
charges extra food ingredients or supplies jn reality most payouts were not for services
rendered but weremerely cash withdrawals TAREK ELKAFRAWI MK and TAREK EID
OMAR directed managers to create payout slips to cover cash withdmwals and use the payout
slips to justify the withdrawals as business expenses to the accountants
Insurance Fraud
79 In 2008 the Findlay IHOP burned as a result of arson The fire was intentionally
started by JOSE LEON-GONZALEZ and individuals unknown to the Grand Juryat the direction
PAGE El6 5 WTOL NEWSOS232012 1144
Case 312-cr-00262-DAK Doc 1 Filed 0522112 21 of 65 PagelD 21
21
and orderofTAREK ELKAFRAWI and MK to facilitate insurance fraud schemes by TAREK
ELKAFRAWI
80 TAREK ELKAFRAWIsubmitted approximately $136million in fraudulent
insurance claims for firedamage to the restaurant The receipts submitted to the insurance
company reflected overcharges charges for work never doneworkdone at artificially inflated
prices and for fraudulent payroll claimsand lost income Additionally TAREK ELKAFRA WI
created wholly fictitious invoices and diverted thosepayments to his personal use
Rebate Fraud
81 TAREK ELKAFRAWIandMK used a varietyofadditional accounting
manipulations to affect the franchises balancesheets For example TAREKELKAFRAWI
often personally received rebate checks from food and beverage vendors reflecting the large
amountsofmoneyspent with theircompanies Thesechecksweremailed directly to TAREK
ELKAFRAWIs homes in Toledo and Evansville ratherthan delivered to the intended restaurant
The amounts were substantial Tropicanas annual rebate was approximately $12000 Cocashy
Colas annual rebate was approximately $7500 US Foods annual rebate was approximately
$80000 and Pepsis annual rebatewasapproximately S55000 From2004 to the date oftbis
indictment the total amount of rebate payments received by TAREK ELKAFRAWI exceeded
SIIOOOOO
82Before 2005TAREK ELKAFRAWI simplyused this money for personal expenses
However after 2005 TAREK ELKAFRAWIoccasionally reinvested the rebate money into the
franchises as a loan from officer
WTOL NEWS PAGE 07 5OS232012 1144 4192447104
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22
83 Under this scheme TAREK ELJltAFRAWI was essentiallyclaimingthe corporations
money for himself8Jld loaning it back to the businesswhilenot reporting the rebate money as
personal income This generated an additional unwarranted liability for the corporation receiving
the loan while TAREK ELKAFRAWI would take a personal loss on his taxesfor the unpaid
loan Thus the overall tax liability for the company and for TAREK ELKAFRAWI was
fraudulently lowered
Other Schemes to Defraud
84 Thebalance sheet was also affectedby claimingremodelingcosts as a liability instead
of an asset IHOP Corporatemandated that each restaurant be remodeled every five years Per
JHOP Corporate policy this costs a franchise approximately $70000 Under standard
accountingpractices this remodel should be considered an appreciation However TAREK
ELKAFRAWI regularly directed the accountants to claimthis expense as repair and
maintenance considered a liability
85 In September2010 ManagementServices the accountantsused by TAREK
ELKAFRAWI questioned a $40000 remodelingof the Evansville restaurant completedin 2007
TAREK ELKAFRAWI lied to the accountantsthat the $40000was a personal loan from a
businesspartner Management Services then issuedcheckstotaling $40000 to the business
partner TAREK ELKAFRAWI took these checks for his own purposes
86 TAREK ELKAFRAWI also used the restaurants to obtain loans that he would
otherwisenot beable to secure TAREK ELKAFRAWIapplied for loans using well-performing
IHOP restaurants as collateral for the loans then used those loans to pay for improvements on his
other (HOPrestaurants
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23
87 The improperbenefitreceived arose from the fact that each restaurant is an
independent corporation Knowing that certainIHOP restaurants such as Findlay would be
unable to securea loanTAREK ELKAFRAWIwould apply for a loan using a corporation for a
healthyrestaurant likeLima Once he hadsecured that loan he wouJd use the money on the
unqualified restaurant
88 Thusthe healthy restaurant wouJd cany a loss in the form of an outstanding loan on
its books lowering its tax liabilities while the other restaurantenjoyed the use of the loan
without having to report the transferof funds as profit
89 TAREKELKAFRAWI furtherusedschemes to transfer moneyobtained from IHOP
Corporate intended to benefitone restaurant to the use of another restaurant or directly to
himself
90 Forinstance advertising and marketing revenue would be used byTAREK
ELKAFRAWIand MK in a mannersimilar to the rebate checks In 2007 TAREK
ELKAFRAWIsubmitted a fraudulent invoicereflecting the purchase of an advertising sign for
CentrallHOP for$13500when in facthe only spent $3500 on the sign He receiveda check
fromIHOPCorporate for $13500and pocketed the difference TAREK ELiltAFRAWI
thereafterreported the remaining $ J0000 as a loan ftom officer and not taxable income
9Jbull TAREK ELKAFRAWI and MK also used the CentraliHOPs advertising budget
provided by li-fOP Corporate to pay for all of the northwest Ohio ]HOPs marketing They
would inflateCentrals invoice with the Invoices for the five other restaurantsand then send that
aggregate invoice to HOP Corporate
PAGE 091 505232012 1144 4192447104 WTOL NEWS
Case 312-cr-00262-DAK Doc 1 Filed OS2212 24 of 65 PagelD 24
24
MediearelWelfarerrax Fraud
92 TAREK ELKAFRAWI MK and TAREKEID OMAR together and separately
devised schemesto personaltycollectmedical and welfarebenefits for which they did not
qualifyand sanctioned employees to do so as well
93 Using an alternate identity MK split his salary between two paychecks creating a
lower reportableincomefor each identity Usingthese dual identities MK has to date claimed
approximately $140000 in Medicaid paymentsand $35000 in food stamps and welfare benefits
from the State of Ohio
94 To further these schemesTAREK ELKAFRAWI and MK created a false property
management companythrough which MK paid rent to TAREK ELKAFRAWI in order to
show less income BothTAREK ELKAFRAWIand MK created and submitted false payroll
checks and financial documentsto support the fraudulent claims
95 TAREK ELKAFRAWI and MK also sanctionedand encouraged employees to file
fraudulent claims KHALED YOUSEF TAREK EID O~ RAMIZ AWWAD and JAMIL
MOHAMMED AWWAD were told by TAREK ELKAFRAWI and MK how to minimizetheir
payrollearnings throughthe use of multipleidentities in order to claim benefits TAREK
ELKAFRAWI toldTAREK EID OMARto eitherstart fraudulently claiming welfare or quit
having children
96 These manipulations to income revenue and payroll were reflectedin erroneousand
fraudulent tax statements to the Internal RevenueService TAREK ELKAFRAW1 directed
accountants to file his personal and corporate lax returns based on this fraudulent information in
an attempt to minimize and obscure his true incomeand tax liabilities
PAGE 10 5WTOL NEWS4192447104OS232012 1144
Case 312-cr-00262-DAK Doc 1 Filed 052212 25 of 65 PagelD 25
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Money Laundering Schemes
97 Inorder to hideandconceal thesourceof the proceedsof the wire fraud schemes
TAREK ELKAFRAWI KELLY ELKAFRAWI MK and TAREK EID OMAR engaged in real
estatetransactions
98 TAREK ELKAFRAWI loaned TAREKEID OMARand previous Evansville mop
managers YS andAA approximately S50OOO to purchase a gas station in Evansville Indiana
usingfunds derived solely from TAREK ELKAFRAWrs rnop franchises
99 To conceal the source and nature of the funds used to purchasethe gas station located
at 600North Burkhardt Road Evansville Indiana TAREK ELKAFRAWI transferred
approximately SSOOOO to TAREK EIDOMAR Y S and AAwhich theyused to purchase the
gasstation
100Using laundered assets fromthe IHOP restaurants TAREK ELKAFRAWI and
KELLY ELKAFRAWI purchased homes at l0400 Tecumseh Drive Newburgh Indiana and
J4745 Prairie Lake Drive Toledo Ohio
101 Likewise MK purchased the following properties using funds from bankaccounts
in his various names 2510 Live Oak Road Sylvania Ohio 4027 Meadowgreen DriveSylvania
Ohio 7129 Sandy Springs Road Maumee Ohio and4837 SpringbrookDriveToledo Ohio
The funds were proceeds of the fraudulent schemes
102 Finally from 2004to the date of this indictment TAREK ELKAFRAWIsent
proceeds of fraudulent IHOP transactions overseas by carrying them on his person usingbank
acccunts ownedandcontrolled byTAREKEIDOMARand others knownto the Orand Juryand
using Western Union accounts operated by TAREK EIDOMARand SM (not charged in this
41 1pound44 (1~4 WIUL N~W~
Case 312-cr-00262~DAK Doc 1 Filed 0522112 26 of 65 PagelO 26
26
indictment) Those funds have been used in part to purchase real estate and to make investments
in Egypt
All in violation of Title 18 United States Code Section I956(h)
COVNTl
(Conspiracy to HarborAliens Title 8 UsC Sections t324(a)(l)(AXiii) and I324(a)(1)(AXv)(I)
The Orand Jury furthercharges that
I03 Paragraphs 1-16and 18-I02 are re-alleged and hereby incorporated by referenceas if
fully set forth herein
104 From at least as early as January2004 the exact date to the Grand Jury unknown
through at least December31 2011 in the Northern District of Ohio Western Division and
elsewhere the DefendantsTAREK ELKAFRAWI KELLY ELKAFRAWI AU11JMN LEE
TANGAS MK JOSE LEONmiddotGONZALEZ aka Jose Leon aka Jose Vargas aka Juan Vargas
aka Edwin MartelTAREK ElD OMAR CARLOS GAMBOA KHALED YOUSEF RAMIZ
AWWAD aka Ray JAMIL MOHAMMAD AWWAD KHALIL ABOUDAKKA MAHMOUD
ALI MOHAMED HASSANDONNAJ HARRIOIT LUCKY WILLIAMS and CESAR
AVILA did knowingly and intentionally combine conspire and confederate with each other and
with others known and unknown to the Grand Jury to conceal harbor and shield from detection
one or more aliens namely FJV-PJOSE LEON-GONZALEZ aka lose Leon aka Jose Vargas
aka Juan Vargas aka Edwin Martel MT-C C V V-A S L CESAR AVILA CARLOS
GAMBOAE M A M A G F G J LNU J LNU and approximately two hundred other
aliens known to the Grand Jury In several buildings including but not limited to the Perrysburg
PAGE 12 5WTOL NEWSOS232012 1144 4192447104
Case 312-cr-00262-DAK Doc 1 Flied 052212 27 of 65 PagelD 27
27
Findlay Lima Airport Highway Central Talmadge and Evansville JHOPs as wellas 801 Hiltop
and 4020 RoyerRoad in ToledoOhio knowingand in recklessdisregard of the fact that the
aUen(s) had cometo entered and-remained in the United States In violation of law
A) 11 waspart of the conspiracy that the managers of (HOP restaurants
would hire undocumented aliens to workat the mops after clearingthe
hires with MK or TAREKELKAFRAWI
B) It was further part ofthe conspiracy that undocumented aliens would be
paid in cashuntil theyobtained fraudulent immigration and workdocuments
C) It was funher part of the conspiracy that co-conspirators sometimes would
assist the aliensin finding lodging and in cashing checksat the mop
or bankinginstitutions
D) It was further part oCthe conspiracy that undocumented aliens often would
be paid usinga fake name Or check name
E) It was further part of the conspiracy that the undocumented aliens sometimes
would be transported to other HOP restawant locations to work
F) It was further part ofthe conspiracy that co-conspirators sometimes would
assign to the undocumented aliens the socialsecurity numbers and personal identifierS of
former employees to shield the illegalworkers from discovery
All in violation of Title 8 United States Code Sections 1324(a)(l)(A)(iii) and
1324(a)(1 )(A)(v)(I)~
PAGE 13 5WTOL NEWSOS232012 1144 4192447104
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28
WVNTS3~7
(Mail Fraud Title 18USCbull Section 1341)
The Grand Jury furthercharges that
t OS The allegatiens contained in paragraphs Imiddot16 and 18middot02 of this Indictment are reo
allegedand hereby incorporated by referenceas if fully set forth herein
106 From on or about August 192003 to the dateof this Indictment in the Northern
District or OhioWestern Division and elsewhere TAREK ELKAFRAWI AUTUMNLEE
TANGAS andMK (not charged in this Indictment) devisedand intended to devise a scheme
and artifice to defraud IHOPCorporateand to obtain money and property by meansof materially
false and fraudulent pretensesrepresentations and promises
MANNER AND MEANS
107It waspart of the scheme that TAREK ELKAFRAWI through the use of the
MICROS system knew that sales were obtainedby IHOP Corporate on 8 weeklybasis through an
automatic remote uploading ofdata TAREK ELKAFRAWI knew that IHOP Corporateused the
weeklynet sales figures to determine the weeklyroyalty and rent amount owed byeach franchise
likewisehe knewthat IHOPCorporatedid not examine the weekly deductions from grosssales
that resulted in the net sales figures
108 In fact prior to 2004 TAREK ELKAFRAWI receivedregular IHOP Corporate
reviewsof the operating expensesand balancesheets that showed the costs deducted from gross
sales reflected in net sales After AUlUMN LEETANGAS became FBC in 2004 such thorough
PAGE 14 5WTOL NEWSOS232012 1144 4192447104
Case 312-Cf-00262-DAK Doc 1 Filed 0522112 29 of 65 PagelD 29
29
reviews ceased entirely TAREKELKAFRAWI thereafter devised various schemesto
manipulate the MICROS system in order to create lower-than actual weekly net sales
109Onesuch schemewas to simply tum the MICROS system otT so sales werenot
recorded
110Additionally TAREK ELKAFRAWI instructed his lHOP managers to voidsales
entirelyor to givesignificant discounts to tickets after the ticket had been paid for by thecustomer
and closed
11 J Othercosts chargedagainst grosssales includedunit promotions contests
maintenance andpayouts for whichno documentation was provided In fact these were cash
distributions toTAREK ELKAFRAWI and other employees representingunreported income
112TAREK ELKAFRAWI also woulddeposit rebatecheeks from vendors into the
CentrallHOP account however he would direct his accountants to reflect the deposit as a loan
from officer rather than as incomefrom a rebate This fraudulent representation created an
additional debt on the balance sheet of Central JHOP thus giving the appearancethat the
restaurantwas encumbered with debt and operating expenses and not profitable
1t3 Asa result of these schemes TAREK ELKAFRAWI created the appearance through
his weeklysalesfigures that the CentrallHOP store wasseverely underperforming
114 SInce 2007 TAREK ELKAFRAWI with the help of AUruMN LEETANGAS
applied for rentand royalty reliefpayments from IHOPCorporate Based on the fraudulent
weeklynet sales reports and the annual recommendation of AUlUMN LEE TANOASTAREK
ELKAFRAWIreceived approximately $2300 a week in rentas well as royaltyrelief from HOP
Corporate to which he otherwisewJ not entitled
OS232012 1144 4192447104 WTOL NEWS PAGE 15 5
Case 312-cr-00262-DAK Doc 1 Filed 052212 30 of 65 pagelD 30
30
116 ThesereHefpayments werememorialized in annualcontractsamending the franchise
agreement for eachyear to retlect the newrelief payment agreement Thesecontracts were mailed
from mop Corporate headquarters in Glendale California to Toledo Ohio after the FBCand
RD memos were submitted and approved
117 Onor abouteach of the dates set forth below in the Northern District of Ohio
Western Division and elsewhere for the purpose of executing and attempting to execute the
abovedescribed scheme and artifice 10defraud DefendantsTAREK ELKAFRAWI and
AUTUMNLEE TANOAS knowingly caused to be placed into any post office or authorized
depository for mail matterany matteror thingto be sentand deliveredby the US Postal Service
and caused to be deposited any matterto be sent or delivered by privateand commercial interstate
carrier the following matterfrom Glendale California to Toledo Ohioeach mailing constituting
a separate count
COVNT3
~ SENDER MAJLMATIER
September 24 2007 IHOP Corporate mailing of Amended ReliefContract
COUNL4
June5 2008 IHOPCorporate mailing ofAmended ReliefContract
COUNTS
August 172009 lHOP Corporate mailing of Amended Relief Contract
CQUNT6
May 25 20)0 IHOP Corporate mailing of Amended Relief Contract
OS232012 1149 4192447104 WTOL NEWS PAGE 0115
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31
COuNT 7
May 162011 IHOPCorporate mailing of Amended Relief Contract
All in violation ofTitle l8 United States Code Section 1341
COUNTS
(Health Care FraudTitle 18 USC Sections 1347and 2)
The Grand Jury further charges that
118The allegations contained in 1-16and 18-102of this Indictment are re-allegedand
herebyincorporated byreferenceas if fullyset forth herein
119Using the methodsdescribed in Paragraphs 60-78 TAREK ELKAFRAWr and
others known to the Orand Jury submitted fraudulent reports to BWe resulting in BWe
undercbarging the Airport Highway IHOP
120 From on or about June 4 2004 to the date of this Indictment in the NorthernDistrict
of Ohio Western Division and elsewhere TAREK ELKAFRAWI and others known to the
Orand Jury having devised and intendingto devise B scheme and artifice to defraud the Ohio
Bureauof Workers Compensation (BWe) a healthcare benefit program as defined in Title 18
United States CodeSection24(b) of money by means ofmateriaJly false representations and
promises that was and is in connectionwith the paymentfor health care benefits items IUId
services did knowingly and willfully execute the aforesaid scheme
In violation of Title 18 UnitedStates Code Sections 1347and 2
PAGE 0215WTOL NEWSOS232012 1149 4192447104
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32
COLlNT9
(Health Care FraudTitle 18 USC Sections 1347and 2)
The Orand Jury further charges that
121 The allegations contained in paragraphs )-16 and 18102 of this Indictmentare reo
alleged and herebyincorporatedby reference as if fully set forth herein
122 Using the methodsdescribed in Paragraphs60-78 TAREK ELKAFRAWI and
others known to the Orand Jury submitted fraudulent reports to Bureau of Workers Compensation
(BWC)resulting in BWe undercharging theTalmadge IHOP
123 From on or about June 4 2004 to the date of this Indictment in the Northem District
ofOhio Western Divisionand elsewhere TAREK ELKAFRAWI and others known to the
Grand Jury having devised and intendingto devisea scheme and artifice to defraud the Ohio
awe a health carebenefit program as defined in Title )8 t United States CodeSection 24(b) of
moneyby means of materially false representations and promises that was and is in connection
with the paymentfor health care benefits hems and services did knowinglyand willfullyexecute
theaforesaid scheme
In violation of Title 18 UnitedStatesCode Sections 1347 and 2
CQUNTlll
(Health Care FraudTitle 18USC Sections 1347and 2)
The Orand Jury further charges that
124 Theallegations contained in paragraphs 1-16 and 18-102 of this Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
PAGE 0315WTOL NEWSOS232012 1149 4192447HI4
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33
125 Using themethods described in Paragraphs 60-78 TAREK ELKAFRAWI and
others known to the OrandJury submitted fraudulent reports to BWC resulting in BWC
undercharging the Lima IHOP
126 From on or about August 31 2007 through the date of this Indictment in the
Northern District of Ohio Western Divisionand elsewhereTAREK BLKAFRAWIand others
known to the GrandJury havingdevisedand intendingto devise a scheme and artifice to defraud
the Ohio Bureau of Workers Compensation (BWe) a health care benefit program as defined in
Title 18 United StatesCode Section24(b) of money by means of materially false
representations and promises that wasand is in connection with the payment for health care
benefits items and services did knowingly and willfullyexecute the aforesaid scheme
In violationof Title 18UnitedStates Code Sections 1347and 2
COUNT 11
(Health Care Fraud Title 18 USC Sections 1347and 2)
The Grand Jury furtherchargesthat
127The allegations contained in paragraphs 1-16and 18-102of this Indictment are reshy
allegedand herebyincorporated by reference as if fully set forth herein
128 Using the methods described in Paragraphs60-78 TAREK ELKAFRAWI and
others known to the OrandJury submitted fraudulent reports to Bwe resulting in awe
undercharging the Findlay IHOP
129 From on or aboutMay 102004 through the date of this Indictment in the Northern
Districtof Ohio Western Division and elsewhere TAREK ELKAFRAWI and others knownto
theGrand Jury havingdevised and intending to devise a scheme and artifice to defraud the Ohio
Bureau of WorkersCompensation (BWe) a health care benefit program as defined in Title 18
4) lL44Hl4 WIUL NIW~
Case 312-cr-00262-DAK Doc 1 Filed 052212 34 of 65 PagelD 34
34
United StatesCode Section 24(b) of moneyby meansof materially false representations and
promises that wasand is in connection with the payment for healthcare benefits items and
services did knowingly and willfully execute the aforesaidscheme
In violation of Title 18 United States Code Sections 1347and 2
CoUNT12
(Health Care Fraud Title 18USC Sections 1347and 2)
The Orand Jut)I further charges that
130 The allegations contained in paragraphs Imiddot] 6 and 18-]02 of this Indictmentare reshy
alleged and hereby incorporated by reference as iffulJy set forth herein
13 l Usingthe methods described in Paragraphs 60-78 TAREK ELKAFRAWI and
others knownto the Orand Jury submitted fraudulent reports to BWe resulting in awe
undercharging the Central IHOP
132 From onor about February 28 2005 through the date of this Indictment in the
Northern Districtof Ohio Westem Division and elsewhere TAREKELKAFRAWI and others
known to the Grand Juryhavingdevisedand intending to devisea scheme and artifice to defraud
the Ohio Bureau of Workers Compensation (BWC) a health care benefitprogram as defined in
Title 18 United States CodeSection24(b) of money by means ofmaterially false
representations and promises that was and Is in connection with the paymentfor health care
benefits items and services did knowingly and willfully executethe aforesaid scheme
In vioJation of Title 18 United States Code Sections 1347and 2
41 I~4411~4 WIUL N~W~
Case 312middotcr-00262middotDAK Doc 1 Filed 052212 35 of 65 pagelO 35
3S
COUNT 13
(HealthCare Fraud Title 18 USC Sections 1347 and 2)
The Grand Jury furtherchargesthat
133The allegationscontained in paragraphs 1middot16 and 18middot102 of this Indictment are reshy
alleged and herebyincorporated by reference 8$ if fullyset forth herein
134 Using the methodsdescribed in Paragraphs 6Q78 TAREK ELKAFRAWI and
others known to the GrandJury submitted fraudulent reports to awc resulting in awe
undercharging the Perrysburg JHOP
135 From on or about August 30 2005 through the date ofthis Indictment in the
Northern District of Ohio Western Division and elsewhere TAREK ELKAFRAWI and others
known to the GrandJury having devised and intending to devise a scheme and artifice to defraud
the Ohio Bureauof WorkersCompensation(BWC) a health care benefit program as defined in
Title 18 United States Code Section 24(b) of money by means of materially false
representations and promises that was and is in cenneetlon with the payment for health care
benefits items and services did knowinglyand willfullyexecute the aforesaid scheme
In violationofTitle 18United StatesCode Sections 1347 and 2
COUNTS 14-17
(Mail Fraud Title 18 USC Section J341)
The Grand Jury furthercharges that
136 The allegations containedin paragraphs 1-16 and 18middot102 of this Indictmentare reshy
alleged and hereby incorporatedby referenceas if fully set forth herein
131 Fromon or about January 30 20ll through on or about April 10201 I in the
Northern District of Ohio Western Division and elsewhere Defendants TAREK ELKAFRAWI
PAGE 061lbWIDe NEWS~b1L32012 1149
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36
and TAREK EIDOMARdevised and intended to devisea scheme and artifice to deframiddotud and to
obtain moneyfrom THOP Corporate by meansof materially false and fraudulent pretenses
representations and promises
MANNER AND MEANS
(t was part of the schemeand artifice that
]38 Using the methods described in Paragraphs 46-54 and 71-78 TAREK ELKAFRAWI
and TAREK EIDOMARmanipulated the SABLE Pointof Sale system to fraudulently report
debits and charges in order to hide the removal of cashdirectly from the Evansville IHOP
TAREK EID OMARat the direction of TAREKELKAFRAWI would then producea fraudulent
PampL report and mail it using the United States PostalService to provide that report to
Management Services in Wichita Falls Texas
139 Onor about each ofthe dates set forth below in the Northern District of Ohio
Western Division andelsewhere for the purpose ofexecutingand attempting to executethe
above described scheme and artifice to defraudTAREK ELKAFRAWI and TAREK EID OMAR
knowingly caused to be placed into any post office or authorized depository for mail matterany
matteror thingto besent and delivered by the US Postal Services and caused to be deposited any
matter to be sent or delivered by privateand commercial interstatecarrier the following matter
from Toledo Ohioand Evansville Indianato WichitaFallsTexas each mailingconstituting a
separate count
COUNT 14
Mm SENDER MAIL MAUER
January 302011 TAREK EID OMAR PampL report
OS232012 1149 419~447104 WTOL NEWS PAGE 0715
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37
COUNT 15
February14 2011 TAREK BID OMAR PampL report
COUNT 16
March 28 20II TAREKEID OMAR PampL report
COUNT 17
April 102011 TAREK EJD OMAR PampL report
All in violation ofTitle 18UnitedStates Code Sections 341 and 2
COUNT 18
(Use of Fire to Commit a Felony Title 18 USC Sections 844(h) and 2)
TheGrand Jury further charges that
140The allegations contained in paragraphs 1-16 and 18-102 ofthis Indictmentarc reshy
alleged and hereby incorporatedby reference as if fully set forth herein
141On or about August 10 and II 2008 [n the Northern Districtof Ohio Westem
DivisionTAREK ELKAFRAWI and JOSE LEON-GONZALEZ knowingly used fire to commit
Mail Fraud a felony prosecutable in a court of the United States
In violation ofTitle 18 United States Code Sections 844(h) and 2
COUNTl2
(Malicious Use of Fire Title 18 USC Sections 844(i) and 2)
The Grand Jury further charges that
142 The allegations contained in paragraphs 1-16and 18-102 ofthls Indictmentare reo
alleged and hereby incorporated by reference as if fully set forth herein
WTOL NEWS PAGE 0815OS232012 1149 4192447104
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38
143 On or about August 10and II 2008 in the Northern District of Ohio Western
Division TAREK ELKAFRAWIand JOSE LEON-GONZALEZ maliciously damaged bymeans
of fire and explosivematerialsa buildinglocated at 7777 Countymiddot Road 136 Findlay Ohio used
in interstatecommerce
In violation of Title 18 UnitedStates Code Sections 844(i) and 2
coUNtS 0-28
(Mail FraudTitle] 8 USCSection 1341)
The Grand Jury furthercharges that
144 The allegations containedin paragraphs 1-16and I8-102 of this lndictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
145 Fromapproximately the month of July 2008 the exact date unknownto the Grand
Jury through On or about October 27 2009 in the Northern District of Ohio Western Division
and elsewhereTAREK ELKAFRAWI devisedand intended to devise 8 scheme and artifice to
defraudFarmers InsW1J1ce Group and to obtain moneyand property by meansof false and
fraudulent pretenses representations and promises
146 It was part of the schemeand artificeto defraud that TAREK ELKAFRAWI would
submit traudulent invoices to FarmersInsuranceGroup under PolicyNumber 602926772 for
work that was not performed or performed at a lower invoice
147It was a furtherpart of the scheme and artifice that TAREK ELKAFRAWI submitted
claims forpayroll costs that were completely illusorybecause the requested claimswere for
periods the restaurant was closed and had no employees
~~~J2012 1149 4192447104
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39
148 It was a furtherpart of the sc erne and artifice that all checks were sent directly to
TAREKELKAFRAWI at the Terry Elk G~OUP not the Findlay lHOP
149On or about each of the dates bet forth below in the Northern District of Ohio
Western Division and elsewhere for the Jurpose of executing and attempting to execute the
above described scheme and artifice to delud TAREK ELKAFRAWI knowinglycaused to be
placed into any post office or authorized dlpository for mail matterany matter or thing to be sentI
and dellvered by the US Postal Service Jd caused to be deposited any matter to be sent or
delivered by private and commercial inters~te carrier the following matter from the state of
Illinois to Toledo Ohio each mailingcon~itUting a separate count
October 17 2008
October22 2008
January 262009
October21 2009
September22 2008
January 26 2009
SENDER
Fanners Insurance
Farmers Insurance
Farmers Insurance
Farmers Insurance
FarmersInsurance
Farmers Inswance
CO 20
M61LMAmR
$S5947S 1check to Terry Elk Group
21
I $45581367 check to Terry Elk Group
~ I $24444302 check to Terry Elk Group
~ I $2262384 check to Terry Elk Group
bOUNTM
I $2500000 check to Terry Elk Croup
~ $15684795 check to Terry Elk Group
PAGE 1015WTOL NEWS05232012 1149 4192447104
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40
COUNT 26
October ~ I 2009 Farmers Insurance $4285205 check to Terry Elk Group
COUNT 27
February 172009 Farmers Insurance $20867200check to Terry Elk Group
COUNT 21
October 27 2009 FarmersInsurance $15226400 check to Terry Elk Group
All in violationofTitle 18 United States Code Section 1341
COUNT 29
(Aggravated IdentityTheft Title 18 USC Section 1028A and 2)
The OrandJury furthercharges that
ISO The allegations contained in paragraphs 1-16and 18~102 of this Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
J51 Onorabout October9 2007 in the Northem District of9hlo Western Division
TAREK ELKAFRAWI did knowinglyuse without lawftllauthority a means of identification of
another personduring and in relation to the commission ofWire Fraud a violation ofride 18
United States Code Section 1343
In violation of Title 18 United States Code Sections I028A(a)(1) and 2
CQVNT30
(Aggravated Identity Theft T~tle is USC Section l028A and 2)
The Grand Jury further charges that
152 The allegations eontained in paragraphs 1-16 and 18-102 of this Indictment are reshy
alleged and hereby incorporated by reference as if fully set forth herein
05232012 1149 4192447104 WTOL NEWS PAGE 111 5
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41
153 On or about May 192008 in the Northern District of Ohio Western Division
TAREK ELKAFRAWIdid knowingly use without lawfulauthoritya means of identification of
another personduringand in relation to the commission of Wire Fraud a violation ofTitle 1g
United StatesCodeSection I~43
In violation of TitJe J8 UnitedStates Code Sections 1028A(a)(I) and 2
COUNT31
(Aggravated IdentityTheftTitle 18USC Section J028A and 2)
The Orand Jury furthercharges that
154 The allegations contained in paragraphs 1-l6- and 18middot102 of this Indictment are reshy
alleged and herebyincorporated by reference as if fully set forth herein
155 On or aboutJuly 132Q09 in the Northern District of Ohio Western Division
TAREK ELKAFRAWIj did knowingly use without lawfuJ authority a means of identification of
another personduring and in relation to the commission of Wire Fraud a violation of Title 18
United StatesCodeSection 1343
In violationofTitle 18 United States Code Sections 1028A(aXl) and 2
COlNT32
(Aggravated IdentityTheft Title 18USC Sectlon J028A and 2)
The Grand Jury furthercharges that
J56 Theallegations contained in paragraphs1-16and 184 J02 of this Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
157On or about May3l 2009 in theNorthern Districtof Ohio Western Division
TAREK ELKAFRAWI did knOWingly use without lawful authoritya means of identification of
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42
another person during and in relation to the commission of Wire Fraud a violation of Title 18
United States Code Section 1343
In violation ofTitle 18 United States Code Sections 1028A(a)(I) and 2
COUNT 33
(Aggravated Identity Theft Title 18 UsC Section l028A and 2)
The GrandJury further charges that
138 The allegationscontainedin paragraphs 1-16 and 18-]02 of this Indictment are reshy
alleged and herebyincorporated by reference as if fullyset forth herein
159 On or about October 22008 in the Northern District of Ohio Westem Division
TAREK ELKAFRAWI did knowingly use without lawfulauthority a means of identification of
another personduring and in relation to the commission of Wire Fraud a violationof Title 18
United States Code Section 1343
In violationof TItle ]8 United States Code Sections 1028A(a)(I) and 2
CQVNT34 (Aggravated IdentityTheft Title 18 USC Section 1028A and 2)
The Grand Jury furtherchargesthat
160 The allegationscontained in paragraphs 1-16and 18-102ofthis Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
16t Onor about January27 2008 in the Northern District of Ohio WesternDivision
TAREK ELKAFRAWI did knowinglyuse without lawfulauthority a means of identification of
anotherpersonduringand in relation to the commissionofWire Fraud a violation ofTitJe 18
United States Code Section 1343
In violation of Title 18United States Code Sections l028A(a)(1) and 2
I I
WTOL NEWS PAGE 13115OS232012 1149 4192447104 I
Case 312-cr-00262-DAK Doc 1 Filed 052212 43 of 65 PagelD 43
43
COUNT 35 (AggravatedIdentityTheft Title 18USC Section 1028A and 2)
The Grand Jury further charges that
162The allegations contained in paragraphs I-16 and 18-102 of this Indictment are reshy
alleged and herebyincorporated by reference as jf fully set forth herein
163On or about March 72009 in the NorthernDistrict of Ohio Western Division
TAREK ELKAFRAWI and KHALED YOUSEF did knowinglyuse without lawful authority a
means of identification of another personduringand in relation to the commission of Wire Fraud
a violation of Title 18 United States Code Section 1343
In violationof Title 18 United States Code Sections 1028A(a)(1)and 2
COUNT 36
(Aggravated IdentityTheft Title 18 USC Section 1028Aand 2)
The GrandJury further charges that
164 The allegations contained in paragraphs 1-16 and 18-102 of this Indictmentare reshy
allegedand hereby incorporated byreferenceas if fully set forth herein
16S On or about March tS 2009 in the Northern District of Ohio Western Division
TAREK ELKAFRAWI and KHALED YOUSEF did knowinglyuse without lawful authority a
means of identification of another person duringand in relation to the commission of WireFraud
a violation of Title 18United States Code Section 1343
In violation ofTitle 18United States Code Sections l028A(a)(1) and 2
~~~~2012 1149 4192447104 wloe NEWS
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44
COUNT 37
(Aggravated Identity The~ Title 18 USC Section l028A and 2)
The GrandJury further charges that
166 Theallegations contained in paragraphs 1-16 and 18-] 02 of this Indictment are reshy
alleged and hereby incorporated byreference as if fully set forth herein
167 On or aboutJuly 21 2009 in the Northern District of Ohio Western Division
TAREK ELKAfRAWI and RAMIZAWWAO did knowingly use without lawful authority a
means of identification of anotherperson duringand in relation to the commission of WireFraud
a violation of Title 18United States Code Section 1343
In violation ofTitle 18 UnitedStates Code Sections l028A(a)(1) and 2
cOUNT38
(Aggravated Identity TheftTitle 18 USC Section 1028A and 2)
The Grand Juryfurthercharges that
168Theallegations contained in paragraphs 1-16 and t8-102 of this Indictment are reshy
alleged and hereby incorporated by reference 8S if fully set forth herein
169 On or about July 132009 in the NorthernDistrict ofOhio WesternDivision
TAREK ELKAFRAWIand IAMIL MOHAMMED AWWAD did knowingly use withoutlawful
authority a meansof identification of another person during and in relation to the commission of
Wire Fraud a violation ofTitle 18 United States Code Section 1343
In violation of Title 18 United States CodeSections l028A(a)(1) and 2
11 4l 41 l~44 IUl4 WIUL NIWl
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45
COUNT 39
(Identity Theftt Title 18 USC Sections 1028 and 2)
The Grand Jury further charges that
170 The allegationscontained in paragraphs 1-16 and 18-102 of this Indictment are reshy
alleged and hereby incorporated by reference as if fully set forth herein
171 On or about December132010 in the Northern District orOhio Western Division
TAREKELKAFRAWI and DONNA J HARRIOTTt did knowingly use in or affectinginterstate
or foreigncommerce without lawful authority a means of identification ofanother person to wit
s social securitynumber and date of birth with the intent to commit or to aid or abet or in
connectionwith any unlawful activitythat constitutes Wire Fraud 8 violation of 18USC
sect1343 and the offense involved the useof an authentication feature that is or appears to be an
identification document or authentication feature issued by Or under the authority of the United
States
All in violation ofTitle 1St United States Code Sections 1028(a)() (b)(l )(A)(l) and (f)
and 2
COUNI40
(Identity Theft Title 18USCbull Sections 1028and 2)
TheGrand Juryfurther chargesthat
172The allegationscontained in paragraphs 1-16 and J8middot102 of this Indictment are reo
allegedand hereby incorporated by referenceas if fully set forth herein
173On or about May42010 in the Northern District ofOhio Western Division
TAREK ELKAFRAWI and SARA RINEBOLT did knowingly use in or affecting interstate or
Case 312-cr-00262-DAK Doc raquo 1 Filed 052212 3 of 65 PagelD 3
3
5 MICROSis a computer operating system that operated from a central server in each
store and several Point of Sale computer terminals that were connected to the server via cable or
wireless technology the Point of Sale terminals usually did not have Internet access but the main
server was connected to the Internet and in fact communicated with IHOP Corporate remotely
via the Internet
6 Among other functions MICROS was used by waitstaffto enter orders track orders
and produce customer checks The tenninals could process credit card payments record cash Or
check transactions and record voidedor discounted transactions Likewise MICROS contained
software that logged employeework hours and could be used by management to create detailed
sales reports showing various sales statistics Of note MICROS was a proprietary software that
contained several levelsof access controlled bypasswords and authorizations thus IHOP
Corporate had a different level of access to the MICROS system than a waiter did Likewise
entities with certain privileges could access the system remotely as IHOP Corporate did weekly
to download net sales figures
7 In addition to monitoring the net sales by IHOP franchisees through accessing the
MICROS system weekly IHOP Corporate created two levels of corporate contact at a more local
and regional level Although at various times during the relevant time period their titles changed
the Franchise BusinessConsultant (hereinafter FBC) was the first point ofcontact a franchisee
maintained with IHOP Corporate The FBC in turn reported to a Regional Director (hereinafter
ROn)
8 Within the IHOP Corporate structure the FBe and RD had oversight and reporting
duties for each IHOP in their regionand functioned as the representatives of IHOP Corporate
5E11 ~10~E~9091E0 397d SM3N lOlM
I
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4
and its interests Additionally FBC and RD personnel reported to IHOPCorporateon topics that
affected a franchisees standingwithin the corporation including a franchisees abilityto receive
relief fundsor advertising funds from IHOP Corporate or preferred treatmentbased on periodic
reviewsand auditsof the franchisees business
9 As such JHOP Corporate restricted the nature and extent of the business relationships
FBCsor RDs had with franchisees For instance an FBC or RD was forbidden to engage in
personal business transactions with a franchisee and likewisecould not personally profit from the
operationor saleof a franchise
10 Priorto December 18 2003 TAREK ELKAFRAWIowned and operatedtwo IHOP
franchises one was locatedat 601 North Burkhardt Road Evansville Indiana (hereinafter
Evansville) the other was located in Decatur Illinois At that time AUTUMN LEE
TANGAS worked for IHOPCorporate in the DecaturIllinoisregion TAREK ELKAFRAWI
maintained a social friendship with her in additionto their businessrelationship
11 Onor about August 192003 TAREK ELKAFRAWIand a personknown to the
GrandJury purchased the IHOP located at 4045 Talmadge Road Toledo Ohio (hereinafter
Talmedge) On or about December 92003 TAREK ELKAfRAWI AUTUMN LEE
TANGASL R (not charged in this indictment) and another personknown to the GrandJury
purchasedthe IHOP franchise located at 6535 Airport Highway HollandOhio (hereinafter
AirportHighway) On or about December 182003 TAREK ELKAFRAWI purchasedthe
IHOP franchise locatedat 7777Township Road 236 FindlayOhio (hereinafter Findlay) In
order to aid in runningthe franchises TAREKELKAfRAWI who was still residingprimarily in
EvansvllleJndlana made MK (not charged in this indictment) also knownas MK and MK
9110 39lJd SM3N lOlM
Case 312-cr-00262-DAK Doc 1 Filed 052212 5 of 65 PagelD ~ 5
S
the district manager for the ftanchises and hired KM (not charged in this indictment) to serve as
area manager
12Between on or about December29 2004 and on or about December 20 2006
TAREK ELKAFRAWI MK and KM purchased togetherand with others both knownand
unknownto the OrandJury the following IHOP franchises in and around the Toledo Ohioarea
6920 West Central Avenue Toledo Ohio (hereinafter Central) 10151 Fremont Pike
Perrysburg Ohio (hereinafter Perrysburg) and 3289 Elida Road Lima Ohio (hereinafter
13 On or aboutNovember7 2001 TAREKELKAFRAWI sold his interest in the
Decatur Illinois mop Thus for the relevant time period covered in this Indictment TAREK
ELKAFRAWI MK KM AUTUMN LEETANOAS and others known to the Grand Jury
owned in wholeOr in Part operated together and benefitted financiaJly from the roHowing
IHOPfranchises Evansville Talmadge Airport Highway FindlayCentral Perrysburg and
Lima
14Starting from the time TAREK ELKAFRAWI operated onlythe Evansville and
Decatur IHOPs through the present TARBK ELKAFRAWI MK KM and AUTUMN LEE
TANGASthroughtheir operationcontroland oversightofthe franchises used various frauds
schemes and criminal activities to fraudulently manipulate sales figures salaries and pa)TOll
and losses in an attempt to evade taxes avoidpaying royalties and other financial obligations
and to unjustJy and illegally divert money from the [HOP franchises to themselves
15 Through the manipulation of the MICROS system the hiring and harboringof illegal
aliens the aggravated theft and use of identification documents and the unauthorized remittance
5150 391d SM3N lOlM
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6
of checks TAREK ELKAFRAWI conspired together with MKbull and with others both known
and unknownto the Grand Jury to harbor aliens and commit identity theft in furtherance of and
in support of maiJ and wire fraud schemes as detailed below
The Grand Jury charges
COUNT 1
(Money Laundering Title 18 USC Section 19S6(hraquo
16 The infonnation contained in the General Allegationsparagraphs 1-15above is
incorporatedby reference herein
17 Fromon or about August 192003 to the date of this indictment in the Nonhero
Districtcf Ohio WesternDivision and elsewhere the Defendants TAREK ELKAFRAWJ
TAREK EID OMAR KELLYELKAFRAWI and AUTUMN LEE TANGAS did knowingly
and intentionallycombineconspire and agree with each other and with other persons both
knownand unknown to the GrandJury to commitoffenses against the United States in violation
of Title 18 UnitedStates Code Section 19S6(h) to wit
(a) to knowingly conduct and attempt to conduct a financial transaction affecting
interstateand foreign commerce which involved the proceeds of a specified unlawfulactivity
that is Alien Harboring a violationofTitle 8 UnitedStates Code sect 1324 with the intent to
promote the carrying on of specified unlawful activity that is MaiJ Fraud and Wire Fraud
violations of Title 18 United StatesCode sectsect 1341 and 1343 respectivelyand that while
conductingand attemptingto conductsuch financial transaction knew that the property involved
in the financial transaction representedthe proceedsof some form ofunlawful activity in
violation ofTide 18United States Code Section 1956(aX l)(A)(i) and
Case 312-crmiddot00262-DAK Doc 1 Filed 052212 7 of 65 PagelD 7 ~
7
(b) to knowingly conduct and attempt to conduct a financial transactionaffecting
interstateand foreign commerce whichinvolved the proceeds of a specified unlawful activity
that is Mai I Fraudpursuant to 18 UsC sect1341 with the intent to engage in conductconstituting
a violation of26 USC sect 7201 to wit evasion ofpaymentof taxes and that while conducting
and attemptingto conduct such financial transactionknew that the property involvedin the
financial transaction represented the proceedsof some form of unlawful activity in violalion of
Title 18~ United States Code Section 19S6(a)(1)(A)(ii)i and
(c) to knowingly conduct and attempt to conduct financial transactionsaffectinginterstate
commerceand foreign commercewhichtransactions involved the proceeds of Ii specified
unlawful activitythat is Mail Fraud pursuant to 18 USC sect1341 knowingthat the transactions
were designedin whole or In part to concealand disguise the nature Iocanon source ownership
andcontrol of the proceeds of said specifiedunlawful activity and that while conductingand
attemptingto conduct such financial transactions knew that the property involved in the fm811cial
transactionsrepresentedthe proceedsof some fonn of unlawful Beth-it) in violationof Title 18
UnitedStates Code Section 1956(a)(I)(8)(i) and
(d) to transport transmit W1d transfer and attempt to transport transmit and transfera
monetary instrument or funds involvingthe proceedsofa specified unlawful activity that is Wire
Fraud pursuantto 18 USC sect 1343~ from a place in the United States to or through a place
outside the United Statesknowing that the funds Involved in the transportation transmission
and transferrepresented the proceedsof some fonn of unlawful activity and knowing that such
transportation transmission and transfer was designed in whole Or in part to conceal and
disguise the nature locationsource ownershipand control of the proceeds of said specified
l13tLlpZ5tlSM3N lOlM9tL13 397d
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unlawful activjry in violation of Title 18 United States Cyene Section 956(a)(2)(B)(i)
MANNER AND MEANS OF THEICONSPlRACY
18The mannerand means used to accomplish the bjectives of the conspiracy included
among others the folJowing
Koowiag Emplo)meat of U1eFaJ Aliens
19 From approximately December 18 2003 to the ~~te of this indictment the
Defendants TAREK ELKAFRAWITAREK BID OMARKELLY ELKAFRAWI and
AUTUMNLEE TANGASemployed over 200 illegal alieqs to workat the seven identifiedI
IHOP restaurants At the directionofTAREKELKAFRAWI and others known to the Orand i
Jury most of these aliens used fraudulent or stolen identificrtions while working at theseven
IHOP restaurants
20 Inorder to locateand recruit these illegal aliensIfAREK ELKAFRAWIand MK
employed several individualsknown to the Orand Jury inclyenSing but not limited to CARLOS I
GAMBOA JOSE LEON-GONZALEZ aka Jose Leon aka fose Vargas aka Juan Vargas aka
Edwin Martel FV-P and SL (not charged in this indictme~t) to recruit Illegal aliensto work at
IHOP and to IU1BJ1ge for theirarrival at one of the seven id~tified IHOP restaurants I
21 When an iHega] alien arrivedas an employee thelmanagerof the HOP at the I
directionof TAREK ELKAFRAWI MK or KM would nter the alien into the MICROS
system usingeithera fraudulent identification or II name alreadyin the systemi
22 If the illegal alien had falsepaperwork or dceumentatlon the manager would accept it I
without verifying its legitimacy conversely if the illegal aliep did not have documentation
TAREK ELKAFRAWI MK or KM would arrange for C~RLOS GAMBOA JOSE LEONshyI
Case 312-cr-00262~DAK Doc 1 F=i1ed 0522112 9 of 65 PagelO 9
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GONZALEZ FV-P 0[ others known to the Grand Jury to obtain frCudulent documcntation for
the illegal alien
23 Additionally to further the scheme to harbor and conceal the identity of the illegal
aliens TAREK ELKAFRAWIand MK would individually and personallydirect managers and
others known to the Grand Jury to cash the payroll checks of illegal aliens
24 TAREKELKAFRAWl and MK also would cash payrollcheckscfallens against
their personalbank accounts in order to help conceal the presence of illegalaliens Likewise
TAREK BLKAFRAWI authorized managers to cash payroll checks at the restaurants for illegal
alienemployees
25 It was COmmon practicefor TAREK ELKAFRAWI MK KMbulland TAREK EID
OMAR to assign multiple identities to employees for the purpose of employeesavoiding taxes or
receiving govenunentbenefits as well as to avoidpaying employees overtime wages
26 As a result of hiringand harboring illegal aliens TAREK ELKAFRAWI and MK
wereable 10 manipulate the wages of employeesreported to the Internal RevenueService for
purposes ofundelTeporting theirpayroll tax liability
27 Further by employingandharboring iJ legal aliens TAREK ELKAFRAWI and MK
manipulated Form94 reports to theBureau of WorkersCompensation for the State of Ohio
(hereinafteraWe) thus drastically reducing the franchises bi-annual payments to the state
agency
28 Further by employing and harboring illegal aliens TAREK ELKAFRAWI and MK
wereable to underpay manipulateand minimize the amount of money they actually paid to the
illegal aliens knowing the aliens would not complain or report them to law enforcement
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Understating Income
29 The schemes described in Paragraphs 19 through 28 further allowed TAREK
ELKAFRAWI MK K M and TAREKEID OMARto createan environment ill which the
managers were expected to manipulate the Pointof Sale systems to reduce the weekly netsales
figures
30 ByartificiallY deflating the net sales figures TAREK ELKAFRAWI and coshy
conspirators defrauded IHOP Corporateby paying a smalleramount of rent and royaJties to
JHOP Corporate than was actually owed furthermore the franchises qualified for rebates and
relief assistance payments from IHOP Corporate for which theyotherwisewould not have been
eligible
31 Asa resultof the underreporting of incomeandmanipulation of wages resulting from
the hiring andharboring of illegal aliensTAREKELKAFRAWl and MK as owners and
operators of the seven identified IHOP restaurants aidedand abetted by KM and AUWMN
LEETANOAS generated over$12 million in unreported income
32 Toconceal the existence of unreported income andto promote the continuance of the
schemefacilitated by the alien harboring TAREKELKAFRAWI and MKengaged in a
continuing courseof wirefraud by electronically transferring assets and fundsto credit cards in
the names of the mop franchises to a shellcorporation that is the TerryElk Groupto other
cornmerclal investments to bank accounts opened in the names of false fraudulent and stolen
identities to foreign and domestic properties and to foreign bank accounts
ColJusion with the FBC
33 In order to conceal the nature of the wire fraud TAREKELKAFRAWI MK and
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KM enlisted AUTUMN LEE TANGAS the FBe for the regionto minimize the likelihood that
IHOP Corporate would question the weekly net sales figures underreported bythe seven
IdentifiedJHOP restaurants
34 Specifically in December2003TAREK ELKAFRAWI enteredinto an agreement
with AUTUMN LEETANGAS in which AUTUMN LEETANOAS friend LR (not charged
in this indictment) would receive health benefits and paychecks in return for AUTUMN LEE
TANGAS making an undocumented investment in the FindlayIHOP
35 Prior to the December 182003 purchase of the Findlay IHOP byTAREK
ELKAFRAWI AUTUMN LEETANOAS had informed TAREK ELKAFRAWIthat IHOP
Corporateneededto find a suitable purchaser for the Findlay poundHOP AUTUMN LEE TANOAS
knew that TAREK ELKAFRAWI did not have the financial ability to purchase the franchise at
that time hut that she herself did However AUTUMN LEETANGAS knew that because of
her position 8$ FBC she was precludedby IHOP Corporate from investing in any franchise
36 Inreturn for providingTAREK ELKAFRAWI$50000 to purchase the Findlay
IHOP AUTUMN LEETANGAS friend LRwas listed as minority owner of the Airport
Highway mop and receivedweekly paychecks andhealth benefits from that corporation despite
the fact that she never worked as an employee there
37 On or about December6 2004 AUTUMN LEE TANGAS deposited a $5000 check
drawn on the Airport HighwayIHOP account(and signedby TAREK ELKAFRAWI) into her
bank accountas a partial return on her sub rgainvestment in the Findlay IHOP
38 On or about April 23 2005 AUTUMN LEE TANOAS depositeda $40000cashiers
check from TAREK ELKAFRAWls personal bankOld National Bank in Evansville lndiana
5poundtt G10GpoundG509tH 39Vd SM3N lOlM
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Case 312~cr-00262middotDAK Doc 1 Filed 052212 12 of 65 PagelO 12
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into her bank account as ~ partial return on her investment in the Findlay IHOP
39 AUTUMN LEETANGAS failed to inform lHOP Corporateof her financial
relationship witheitherLR or TAREK ELKAFRAWI
40 On or about June 8 2005 AUTUMNmiddot LEETANOAS deposited a $20000 check
drawn on the Airport Highway IHOP account (andsignedby TAREK ELKAFRAWI) into her
bankaccount as a final return on her investment ill the FindlayJHOP Since that investment
AUTUMN LEETANGAS hal continued to serveas FBC for the restaurants owned and operated
by 1AREK ELKAFRAWI and othersknown to the Grand Jury During that time those
restaurants wereneveraudited nor were their sales losses or financial performances questioned
41 IHOPCorporate also was not notified of a fire at the FindlaylHOP in 2008 that
resulted in approxhnately $136 million in damage claims by TAREK ELKAFRAWI and the
closureof the location for three months Such information is the type ofmaterial information
IHOP Corporate expects FBCs to collect and provide in reports to headquarters
42 On multiple occasions known to the Grand Jury AUTUMN LEETANGAS informed
managers of the Toledo-area IHOPs that she knewthat a numberof illegal aliens worked for the
lHOPsownedand operated by TAREKELKAFRAWIand madestatements to persons known
to the Grand Jury that everyone wouldbe in trouble if that fact became known
43 Pan afthe incomplete and erroneous infcrmation provided by AUTUMN LEE
TANGAS to IHOPCorporate included her filing yearly reports recommending that lHOP
Corporate subsidize the Central Avenue IHOP by providing a weekly credit ofapproximately
$2300 This credit referred to as a reliefpayment was supposedto be used to lessen the burden
of payingweekly rent and royalty payments for an underperforming restaurant Originally
SIC1 3911d SM3N lOlM
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Case 312-crmiddot00262-DAK Doc 1 Filed 0522112 13 of 65 PagelO 13
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intended by mop Corporate to be a temporary short-term paymentused in extraordinary
circumstances through the attestations andsupport of AUTUMN LEETANGAS theCentral
IHOP received credits for overfive years Asa resultTAREKELKAFRAWIpersonally
realizedover$500000 in revenue that otherwise would have been retained by mop Corporate
44 Additionally the annual reports supporting on-goingrellefpayments enabled TAREK
ELKAFRAWI and MK to justify declining sales which in actuality were a direct result of
Point of Sale system manipulations and otherfrauds rather than a marketcondition affecting the
franchise
45 Protected from IHOPCorporate scrutiny TAREKELKAFRAWI MK and KM
directedand controlled several ongoingwirefraud schemes involving the finances of their IHOP
franchises These wire fraudschemes faU intothe following categories Point of Salesystem
manipulations of the grossand net sales and fraudulent reporting of assets and liabilities to skew
the performance of certain restaurants thereby qualifying them for IHOPCorporate benefits
false reporting to ewe and payroll manipulations to enable improperhealthand welfare
benefits
Point of Sales MauipulatloD
46 In addition to the aboveschemes from approximately 2004 to the dateof this
indictment TAREK ELKAFRAWI MK and TAREK EID OMARpersonally directed
managers to manipulate the Pointof Sale systems in order to remove cash from the stores 8S
unreported income
47 TAREK ELKAFRAWI and MK directed the Point of Sales system remotely
through the use of software that gave them full access and controlof the Pointof Salessystem
SM3N lOLM
Case 312-cr-00262-DAK Doc 1 Filed 0522112 14 of 65 PagelD 14 )4
from their homes Since approximately 2010-20]) TAREK ELKAFRAWI and MK have used
softwarecalled Team Viewer This software was installed on the home computers ofTAREK
ELKAFRAWI and MK in 2010 and 2011 respectively shortlyafter the latestMICROS system
was installed on all [HOP computers
48 One of the schemes to defraud was to manually reset the internal clock and calendar
of the MICROSsystem For instance on a Monda) the MICROS system would be set two days
ahead this would essentially pausethe system from downloading and compilingthe sales
figWes Thus although on that Wednesday the MICROS system would recognize the sales
recorded for Monday Tuesday and Wednesday and create aggregate statistics for those three
days the fact that the system was paused for thosedays allowed managers to manipulateor
under-report all of the cash transactions because cash transactionswere recognized as open
tickets for those threedays
49 The benefit of having an openticket was significant As long as a ticket was
open a sale was not considered complete that ticket could then be manipulated or even
deleted completely Thus when the MICROS system clocks werereset any open tickets or
cash transactions could be voided in MICROS and the easb receivednot recorded
50 In addition to manipulatingthe intemalsettings of MICROS MK and TAREK
ELKAFRAWI deviseda scheme whereby the MICROSsystem would simply be turnedoff
either by MK or a manager and product sales rung up manually
5 t Like the clock-settingscheme when MICROS was off-line tickets became
unreportable so cash transactions were not recorded by the system and moniescould be received
and deposited without lUI) paper trail Such transactions were not taxed and the sales were not
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Case 31Z-cr-OQ262-DAK Doc 1 Filed 052212 15 of 65 PagelD lS
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recorded at the IHOP Corporate level so money that would otherwise have triggered the payment
of taxes or franchise feeswas kept by TAREK ELKAFRAWI as unreported income
52 TAREK ELKAFRAWI MKand TAREK EID OMARalso manipulated the
reporting of sales through the use of coupons When a customer paid in cash the store manager
was directed to use a store coupon to reduce the ticket or void the sale completely Therefore the
difference betweenthe reduction or void was not reflected in the final sale total and could be
taken by management as unreported income Accordingly TAREKELKAFRAwr MK and
TAREK EID OMARdirected their managers to use cash sales transactions to realize unreported
incomebull
53 ~AREK ELKAFRAWIand TAREK BIDOMAR manipulated the SABLE systemin
the Evansvillerestaurantmuch morebrazenlythan in theToledo-arearestaurants because of
certain exploitablecharacteristics of the SABLEsystem
54 Manipulations also affected employees salaries Starting in 2004 and continuing
through the present TAREK ELJltAFRAWI MK and TAREK ErO OMARdirected managers
to automatically deduct30 minutes fromalmost every employees time card daily in the Pointof
Sale systemsusing the BmiddotSO1 programs ability to edit entries
Manipulatiag Profit and Loss Statemenl$
55 The goal of these schemeswas to divert money from the restaurants actual gross
income into the personal accounts ofTAREK ELKAFRAWI and MK as unreported and
untaxed income As part of the schemeto laundermoney and evade federal state and local
taxes TAREK ELKAFRAWIMKbull KMand TAREK EID OMAR also directedaccountants
=iMlN nlM
PAGE 0115OS232012 1144 4192447104 WTOL NEWS I
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and bookkeepers to manipulatethe profit and loss statements (hereinafterPampLs) and balance
sheets for their various corporations
56 A PampL is a physical or electronic documentdetalHng how a corporations gross
income is transformed into the net income It displays the reported gross income for a specific
period oftime and the costs and expenses charged against this income The purpose is to show
interestedpartieswhetherthe corporation lost Or made money The accountants created the PampL
statements using data providedby TAREK ELKAFRAWI and MK and relied on those PampLs to
filecorporate taxes
57 That data wasculled from various sources MK helped create the PampLspreadsheets
by providing the documents to the managersand then received the completed weekly
spreadsheets via email Upon receiving the PampL spreadsheets the restaurant managers added in
reported total sales laborcosts for the staff invoicesfor food and supplies food discountsand
manager voids However the managers salaries end the restaurants rent expenses were entered
in the spreadsheet by MK and could not be altered by other employees Included in the
spreadsheetportioncreated by MK were some budgetary lines containing debits for categories
that simply did not exist as businessexpenses Thenumbers provided by MK were inflated
For example the LimaIHOP PampLlisted a gross total ofapproximately$ ]500 per week for
managers salaries However the number that MK entered into the PampL for managers salary
was $2100 per week Likewise the amount paid in rent was consistently inflated in excessof
actual rent payments for the tHOP restaurants The spreadsheets were then submitted to the
accountantswho created the PampL TAREK ELKAFRAWI reviewed the final PampL and made
revisions to further hide his efforts to divert profits
41l44flI14 WIUL NcW~
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58 Byknowingly entering inaccurate infonnation into the PampLs TAREK ELKAFRAWI
MK KM and the store managersactingat their direction in effect manipulated the tax
burden levied on their corporation byfederal state and local governments
59 Furthermore as II result of the PampLmanipulation the net profits Were artificially
deflated to minimize the amount of royalties and rent paid to IHOP Corporate
Defrauding Worken Compensation
60 Beginning in approximately2003 TAREK ELKAFRAWI MK and KM set up
various schemes to defraud BWC and lowerthe amount they had to pay into the Workers
Compensation system BWCpayments helpcover the cost of injuries to employees whoare hurt
on the job and functions as a ferm of insurance for a company The percentageof wagespaid by
the employerare relatedto the type of business a companydoes the number of employees the
number of claims in prior reporting periodsand other factors to arrive at a semi-annual figure
owed by a company
61 From 2004 to the present TAREK ELKAFRAWIand MK manipulated some of the
factors used by awe to determine an employers premiumsfor its employees For instance
since managers premiumsare calculated at a higher rate because their salaries are greaterthan
other employees TAREKELKAFRAWI MK and KM devised a scheme to lower manager
reporting to zero(0) likewise a cooks premium would be calculated at a higher rate because
they work in moredangerous situations thanwaitresses TAREK ELKAFRAWI MK and
KM developedwaysto manipulate the reporting ofemployees average weekly salaries Also
although overtime and tips are calculated by BWCTAREK ELKAFRAWI MK and KM
WIUL NtW~41 j~441~4~o~~pound~l~ 1144
Case 312-cr-OD262middotDAK Doc 1 Filed 052212 18 of 65 PagelD 18
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deviseda schemeto avoid includingthose two factors in the final equation to fraudulently
understate premiums owed to awe
62 During2004 MK and KM submitted the semi-annual reports in person at the
Toledo office ofBWC The paymentswere made via check which triggered an electronic funds
transfer from IHOP bank accounts to BWe accounts In 2005 awc switched to an electronic
filing system
63 MK directedKM to use the averageof the lowest weekly payroll to calculatethe
semi-annual wage figure despite the fact that Bwe regulations required an average ofall weekly
wage figures for the reporting period By submitting only an average of the lowest weeks
TAREK ELKAFRAWI MK and KM deflatedthe wage figure
64 To further depress the numbers MK told KM to omit the salaries ofmanagers and
tips and then deductmore from the total Generally this manipulationdecreased the final wage
figure by an additional twenty percent(20)
6 From 2004 to the date of this indictment TAREK ELKAFRAWI was made awareof
the paymentfigure regardless of who filed the form and directed each paymentto be lower than
the previousone
66 DespiteTAREK ELKAFRAWls seeminglyarbitrarY calculus this reportingfigure
could be audited by awe The department required all businesses to file a Form 941 which
listed employees wages and taxes paid every90 days for the purpose ofpaying federal taxes
67 The Fonn 941 was created for BWC using Profit and Loss sheets MICROS and
payrollrecordsand was generally consistentwith those documents
WTOL NEWS PAGE 0415OS232012 1144 4192447104
Case 312-cr-00262-DAK Doc 1 Filed 052212 19 of 65 PagelD 19
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68 During an audit BWe could request the Form 941 and compare those numbers with
the numbers provided to awe
69 Between 2004 and 2009 KM received noticesof Bwes intention to audit various
Toledo IHOP locations Each timea notice was receivedKM TAREK ELKAFRAWI and
MK simplyignored it Threeof the auditswere never perfonned by BWC
70 BWe did audit the Findlay IHOP in 2007 fora two-year period Originally it was
determined that the restaurant owed over $55)000 in unpaidawe premiumsfor that timeperiod
71 In orderto avoid paying these premiums KM amendedtherestaurant)s worksheet
deletingmanagersnames from the list of employees and fraudulently listing the managers 8S
officersof the corporation that owned Findlayand therefore we~ exempt from payingworkers
compensation premiums However the Articles of Incorporation were not changed to list these
managers as corporate officers
72 Bymaking this change at the direction ofTAREK ELKAfiRAWI KM reportedly
reduced the amount of premiums owed awe to approximately i35000 When AunrMN LEE
TANGAS learned of thisscheme rather than reporting it to IHOP Corporate either the crime or
the addition of newofficersas required by corporate policy she told KM Youjust saved
TAREKs a-
73 In 2007 in response to the auditTAREKELKAFRAWI MK and KMcreated the
Terry Elk Group all managers weretransferred to that company and put on its payroll The
Terry Elk Group was created byKM at thedirection ofTAREK ELKAFRAWIto further
minimize payments to awe
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74 Although each of the seven identifiedmop restaurants transferred money to the
Terry Elk Groupto pay salaries for managers the Terry Elk Group never paid awe taxes
75 TAREK ELKAFRAWIand MK were officers of the Terry Elk Group and TAREK
ELKAFRAWland AUTUMN LEETANGAS both told KM that this was a great solution to
avoid payingBWC
76 The falsification of recordsand thecreation of the Terry Elk Group resulted in an
underpaymentofapproximately S2S0OOO to BWe
Document FJ1lud
77 TAREK ELKAFRAWI MK and TAREK EID OMAR further manipulated the
accounts of the IHOPrestaurants in order to laundermoney through false payouts and
fraudulentlyreported transactions
78 TAREK ELKAFRAWI MKand TAREK EID OMAR used a system of payouts
in the fonn of paper receipts deposited in the cash registers to reflect further unreported cash
withdrawals While these receipts were ostensibly for occasional items such as landscaping
charges extra food ingredients or supplies jn reality most payouts were not for services
rendered but weremerely cash withdrawals TAREK ELKAFRAWI MK and TAREK EID
OMAR directed managers to create payout slips to cover cash withdmwals and use the payout
slips to justify the withdrawals as business expenses to the accountants
Insurance Fraud
79 In 2008 the Findlay IHOP burned as a result of arson The fire was intentionally
started by JOSE LEON-GONZALEZ and individuals unknown to the Grand Juryat the direction
PAGE El6 5 WTOL NEWSOS232012 1144
Case 312-cr-00262-DAK Doc 1 Filed 0522112 21 of 65 PagelD 21
21
and orderofTAREK ELKAFRAWI and MK to facilitate insurance fraud schemes by TAREK
ELKAFRAWI
80 TAREK ELKAFRAWIsubmitted approximately $136million in fraudulent
insurance claims for firedamage to the restaurant The receipts submitted to the insurance
company reflected overcharges charges for work never doneworkdone at artificially inflated
prices and for fraudulent payroll claimsand lost income Additionally TAREK ELKAFRA WI
created wholly fictitious invoices and diverted thosepayments to his personal use
Rebate Fraud
81 TAREK ELKAFRAWIandMK used a varietyofadditional accounting
manipulations to affect the franchises balancesheets For example TAREKELKAFRAWI
often personally received rebate checks from food and beverage vendors reflecting the large
amountsofmoneyspent with theircompanies Thesechecksweremailed directly to TAREK
ELKAFRAWIs homes in Toledo and Evansville ratherthan delivered to the intended restaurant
The amounts were substantial Tropicanas annual rebate was approximately $12000 Cocashy
Colas annual rebate was approximately $7500 US Foods annual rebate was approximately
$80000 and Pepsis annual rebatewasapproximately S55000 From2004 to the date oftbis
indictment the total amount of rebate payments received by TAREK ELKAFRAWI exceeded
SIIOOOOO
82Before 2005TAREK ELKAFRAWI simplyused this money for personal expenses
However after 2005 TAREK ELKAFRAWIoccasionally reinvested the rebate money into the
franchises as a loan from officer
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83 Under this scheme TAREK ELJltAFRAWI was essentiallyclaimingthe corporations
money for himself8Jld loaning it back to the businesswhilenot reporting the rebate money as
personal income This generated an additional unwarranted liability for the corporation receiving
the loan while TAREK ELKAFRAWI would take a personal loss on his taxesfor the unpaid
loan Thus the overall tax liability for the company and for TAREK ELKAFRAWI was
fraudulently lowered
Other Schemes to Defraud
84 Thebalance sheet was also affectedby claimingremodelingcosts as a liability instead
of an asset IHOP Corporatemandated that each restaurant be remodeled every five years Per
JHOP Corporate policy this costs a franchise approximately $70000 Under standard
accountingpractices this remodel should be considered an appreciation However TAREK
ELKAFRAWI regularly directed the accountants to claimthis expense as repair and
maintenance considered a liability
85 In September2010 ManagementServices the accountantsused by TAREK
ELKAFRAWI questioned a $40000 remodelingof the Evansville restaurant completedin 2007
TAREK ELKAFRAWI lied to the accountantsthat the $40000was a personal loan from a
businesspartner Management Services then issuedcheckstotaling $40000 to the business
partner TAREK ELKAFRAWI took these checks for his own purposes
86 TAREK ELKAFRAWI also used the restaurants to obtain loans that he would
otherwisenot beable to secure TAREK ELKAFRAWIapplied for loans using well-performing
IHOP restaurants as collateral for the loans then used those loans to pay for improvements on his
other (HOPrestaurants
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87 The improperbenefitreceived arose from the fact that each restaurant is an
independent corporation Knowing that certainIHOP restaurants such as Findlay would be
unable to securea loanTAREK ELKAFRAWIwould apply for a loan using a corporation for a
healthyrestaurant likeLima Once he hadsecured that loan he wouJd use the money on the
unqualified restaurant
88 Thusthe healthy restaurant wouJd cany a loss in the form of an outstanding loan on
its books lowering its tax liabilities while the other restaurantenjoyed the use of the loan
without having to report the transferof funds as profit
89 TAREKELKAFRAWI furtherusedschemes to transfer moneyobtained from IHOP
Corporate intended to benefitone restaurant to the use of another restaurant or directly to
himself
90 Forinstance advertising and marketing revenue would be used byTAREK
ELKAFRAWIand MK in a mannersimilar to the rebate checks In 2007 TAREK
ELKAFRAWIsubmitted a fraudulent invoicereflecting the purchase of an advertising sign for
CentrallHOP for$13500when in facthe only spent $3500 on the sign He receiveda check
fromIHOPCorporate for $13500and pocketed the difference TAREK ELiltAFRAWI
thereafterreported the remaining $ J0000 as a loan ftom officer and not taxable income
9Jbull TAREK ELKAFRAWI and MK also used the CentraliHOPs advertising budget
provided by li-fOP Corporate to pay for all of the northwest Ohio ]HOPs marketing They
would inflateCentrals invoice with the Invoices for the five other restaurantsand then send that
aggregate invoice to HOP Corporate
PAGE 091 505232012 1144 4192447104 WTOL NEWS
Case 312-cr-00262-DAK Doc 1 Filed OS2212 24 of 65 PagelD 24
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MediearelWelfarerrax Fraud
92 TAREK ELKAFRAWI MK and TAREKEID OMAR together and separately
devised schemesto personaltycollectmedical and welfarebenefits for which they did not
qualifyand sanctioned employees to do so as well
93 Using an alternate identity MK split his salary between two paychecks creating a
lower reportableincomefor each identity Usingthese dual identities MK has to date claimed
approximately $140000 in Medicaid paymentsand $35000 in food stamps and welfare benefits
from the State of Ohio
94 To further these schemesTAREK ELKAFRAWI and MK created a false property
management companythrough which MK paid rent to TAREK ELKAFRAWI in order to
show less income BothTAREK ELKAFRAWIand MK created and submitted false payroll
checks and financial documentsto support the fraudulent claims
95 TAREK ELKAFRAWI and MK also sanctionedand encouraged employees to file
fraudulent claims KHALED YOUSEF TAREK EID O~ RAMIZ AWWAD and JAMIL
MOHAMMED AWWAD were told by TAREK ELKAFRAWI and MK how to minimizetheir
payrollearnings throughthe use of multipleidentities in order to claim benefits TAREK
ELKAFRAWI toldTAREK EID OMARto eitherstart fraudulently claiming welfare or quit
having children
96 These manipulations to income revenue and payroll were reflectedin erroneousand
fraudulent tax statements to the Internal RevenueService TAREK ELKAFRAW1 directed
accountants to file his personal and corporate lax returns based on this fraudulent information in
an attempt to minimize and obscure his true incomeand tax liabilities
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Case 312-cr-00262-DAK Doc 1 Filed 052212 25 of 65 PagelD 25
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Money Laundering Schemes
97 Inorder to hideandconceal thesourceof the proceedsof the wire fraud schemes
TAREK ELKAFRAWI KELLY ELKAFRAWI MK and TAREK EID OMAR engaged in real
estatetransactions
98 TAREK ELKAFRAWI loaned TAREKEID OMARand previous Evansville mop
managers YS andAA approximately S50OOO to purchase a gas station in Evansville Indiana
usingfunds derived solely from TAREK ELKAFRAWrs rnop franchises
99 To conceal the source and nature of the funds used to purchasethe gas station located
at 600North Burkhardt Road Evansville Indiana TAREK ELKAFRAWI transferred
approximately SSOOOO to TAREK EIDOMAR Y S and AAwhich theyused to purchase the
gasstation
100Using laundered assets fromthe IHOP restaurants TAREK ELKAFRAWI and
KELLY ELKAFRAWI purchased homes at l0400 Tecumseh Drive Newburgh Indiana and
J4745 Prairie Lake Drive Toledo Ohio
101 Likewise MK purchased the following properties using funds from bankaccounts
in his various names 2510 Live Oak Road Sylvania Ohio 4027 Meadowgreen DriveSylvania
Ohio 7129 Sandy Springs Road Maumee Ohio and4837 SpringbrookDriveToledo Ohio
The funds were proceeds of the fraudulent schemes
102 Finally from 2004to the date of this indictment TAREK ELKAFRAWIsent
proceeds of fraudulent IHOP transactions overseas by carrying them on his person usingbank
acccunts ownedandcontrolled byTAREKEIDOMARand others knownto the Orand Juryand
using Western Union accounts operated by TAREK EIDOMARand SM (not charged in this
41 1pound44 (1~4 WIUL N~W~
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26
indictment) Those funds have been used in part to purchase real estate and to make investments
in Egypt
All in violation of Title 18 United States Code Section I956(h)
COVNTl
(Conspiracy to HarborAliens Title 8 UsC Sections t324(a)(l)(AXiii) and I324(a)(1)(AXv)(I)
The Orand Jury furthercharges that
I03 Paragraphs 1-16and 18-I02 are re-alleged and hereby incorporated by referenceas if
fully set forth herein
104 From at least as early as January2004 the exact date to the Grand Jury unknown
through at least December31 2011 in the Northern District of Ohio Western Division and
elsewhere the DefendantsTAREK ELKAFRAWI KELLY ELKAFRAWI AU11JMN LEE
TANGAS MK JOSE LEONmiddotGONZALEZ aka Jose Leon aka Jose Vargas aka Juan Vargas
aka Edwin MartelTAREK ElD OMAR CARLOS GAMBOA KHALED YOUSEF RAMIZ
AWWAD aka Ray JAMIL MOHAMMAD AWWAD KHALIL ABOUDAKKA MAHMOUD
ALI MOHAMED HASSANDONNAJ HARRIOIT LUCKY WILLIAMS and CESAR
AVILA did knowingly and intentionally combine conspire and confederate with each other and
with others known and unknown to the Grand Jury to conceal harbor and shield from detection
one or more aliens namely FJV-PJOSE LEON-GONZALEZ aka lose Leon aka Jose Vargas
aka Juan Vargas aka Edwin Martel MT-C C V V-A S L CESAR AVILA CARLOS
GAMBOAE M A M A G F G J LNU J LNU and approximately two hundred other
aliens known to the Grand Jury In several buildings including but not limited to the Perrysburg
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27
Findlay Lima Airport Highway Central Talmadge and Evansville JHOPs as wellas 801 Hiltop
and 4020 RoyerRoad in ToledoOhio knowingand in recklessdisregard of the fact that the
aUen(s) had cometo entered and-remained in the United States In violation of law
A) 11 waspart of the conspiracy that the managers of (HOP restaurants
would hire undocumented aliens to workat the mops after clearingthe
hires with MK or TAREKELKAFRAWI
B) It was further part ofthe conspiracy that undocumented aliens would be
paid in cashuntil theyobtained fraudulent immigration and workdocuments
C) It was funher part of the conspiracy that co-conspirators sometimes would
assist the aliensin finding lodging and in cashing checksat the mop
or bankinginstitutions
D) It was further part oCthe conspiracy that undocumented aliens often would
be paid usinga fake name Or check name
E) It was further part of the conspiracy that the undocumented aliens sometimes
would be transported to other HOP restawant locations to work
F) It was further part ofthe conspiracy that co-conspirators sometimes would
assign to the undocumented aliens the socialsecurity numbers and personal identifierS of
former employees to shield the illegalworkers from discovery
All in violation of Title 8 United States Code Sections 1324(a)(l)(A)(iii) and
1324(a)(1 )(A)(v)(I)~
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28
WVNTS3~7
(Mail Fraud Title 18USCbull Section 1341)
The Grand Jury furthercharges that
t OS The allegatiens contained in paragraphs Imiddot16 and 18middot02 of this Indictment are reo
allegedand hereby incorporated by referenceas if fully set forth herein
106 From on or about August 192003 to the dateof this Indictment in the Northern
District or OhioWestern Division and elsewhere TAREK ELKAFRAWI AUTUMNLEE
TANGAS andMK (not charged in this Indictment) devisedand intended to devise a scheme
and artifice to defraud IHOPCorporateand to obtain money and property by meansof materially
false and fraudulent pretensesrepresentations and promises
MANNER AND MEANS
107It waspart of the scheme that TAREK ELKAFRAWI through the use of the
MICROS system knew that sales were obtainedby IHOP Corporate on 8 weeklybasis through an
automatic remote uploading ofdata TAREK ELKAFRAWI knew that IHOP Corporateused the
weeklynet sales figures to determine the weeklyroyalty and rent amount owed byeach franchise
likewisehe knewthat IHOPCorporatedid not examine the weekly deductions from grosssales
that resulted in the net sales figures
108 In fact prior to 2004 TAREK ELKAFRAWI receivedregular IHOP Corporate
reviewsof the operating expensesand balancesheets that showed the costs deducted from gross
sales reflected in net sales After AUlUMN LEETANGAS became FBC in 2004 such thorough
PAGE 14 5WTOL NEWSOS232012 1144 4192447104
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29
reviews ceased entirely TAREKELKAFRAWI thereafter devised various schemesto
manipulate the MICROS system in order to create lower-than actual weekly net sales
109Onesuch schemewas to simply tum the MICROS system otT so sales werenot
recorded
110Additionally TAREK ELKAFRAWI instructed his lHOP managers to voidsales
entirelyor to givesignificant discounts to tickets after the ticket had been paid for by thecustomer
and closed
11 J Othercosts chargedagainst grosssales includedunit promotions contests
maintenance andpayouts for whichno documentation was provided In fact these were cash
distributions toTAREK ELKAFRAWI and other employees representingunreported income
112TAREK ELKAFRAWI also woulddeposit rebatecheeks from vendors into the
CentrallHOP account however he would direct his accountants to reflect the deposit as a loan
from officer rather than as incomefrom a rebate This fraudulent representation created an
additional debt on the balance sheet of Central JHOP thus giving the appearancethat the
restaurantwas encumbered with debt and operating expenses and not profitable
1t3 Asa result of these schemes TAREK ELKAFRAWI created the appearance through
his weeklysalesfigures that the CentrallHOP store wasseverely underperforming
114 SInce 2007 TAREK ELKAFRAWI with the help of AUruMN LEETANGAS
applied for rentand royalty reliefpayments from IHOPCorporate Based on the fraudulent
weeklynet sales reports and the annual recommendation of AUlUMN LEE TANOASTAREK
ELKAFRAWIreceived approximately $2300 a week in rentas well as royaltyrelief from HOP
Corporate to which he otherwisewJ not entitled
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30
116 ThesereHefpayments werememorialized in annualcontractsamending the franchise
agreement for eachyear to retlect the newrelief payment agreement Thesecontracts were mailed
from mop Corporate headquarters in Glendale California to Toledo Ohio after the FBCand
RD memos were submitted and approved
117 Onor abouteach of the dates set forth below in the Northern District of Ohio
Western Division and elsewhere for the purpose of executing and attempting to execute the
abovedescribed scheme and artifice 10defraud DefendantsTAREK ELKAFRAWI and
AUTUMNLEE TANOAS knowingly caused to be placed into any post office or authorized
depository for mail matterany matteror thingto be sentand deliveredby the US Postal Service
and caused to be deposited any matterto be sent or delivered by privateand commercial interstate
carrier the following matterfrom Glendale California to Toledo Ohioeach mailing constituting
a separate count
COVNT3
~ SENDER MAJLMATIER
September 24 2007 IHOP Corporate mailing of Amended ReliefContract
COUNL4
June5 2008 IHOPCorporate mailing ofAmended ReliefContract
COUNTS
August 172009 lHOP Corporate mailing of Amended Relief Contract
CQUNT6
May 25 20)0 IHOP Corporate mailing of Amended Relief Contract
OS232012 1149 4192447104 WTOL NEWS PAGE 0115
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31
COuNT 7
May 162011 IHOPCorporate mailing of Amended Relief Contract
All in violation ofTitle l8 United States Code Section 1341
COUNTS
(Health Care FraudTitle 18 USC Sections 1347and 2)
The Grand Jury further charges that
118The allegations contained in 1-16and 18-102of this Indictment are re-allegedand
herebyincorporated byreferenceas if fullyset forth herein
119Using the methodsdescribed in Paragraphs 60-78 TAREK ELKAFRAWr and
others known to the Orand Jury submitted fraudulent reports to BWe resulting in BWe
undercbarging the Airport Highway IHOP
120 From on or about June 4 2004 to the date of this Indictment in the NorthernDistrict
of Ohio Western Division and elsewhere TAREK ELKAFRAWI and others known to the
Orand Jury having devised and intendingto devise B scheme and artifice to defraud the Ohio
Bureauof Workers Compensation (BWe) a healthcare benefit program as defined in Title 18
United States CodeSection24(b) of money by means ofmateriaJly false representations and
promises that was and is in connectionwith the paymentfor health care benefits items IUId
services did knowingly and willfully execute the aforesaid scheme
In violation of Title 18 UnitedStates Code Sections 1347and 2
PAGE 0215WTOL NEWSOS232012 1149 4192447104
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32
COLlNT9
(Health Care FraudTitle 18 USC Sections 1347and 2)
The Orand Jury further charges that
121 The allegations contained in paragraphs )-16 and 18102 of this Indictmentare reo
alleged and herebyincorporatedby reference as if fully set forth herein
122 Using the methodsdescribed in Paragraphs60-78 TAREK ELKAFRAWI and
others known to the Orand Jury submitted fraudulent reports to Bureau of Workers Compensation
(BWC)resulting in BWe undercharging theTalmadge IHOP
123 From on or about June 4 2004 to the date of this Indictment in the Northem District
ofOhio Western Divisionand elsewhere TAREK ELKAFRAWI and others known to the
Grand Jury having devised and intendingto devisea scheme and artifice to defraud the Ohio
awe a health carebenefit program as defined in Title )8 t United States CodeSection 24(b) of
moneyby means of materially false representations and promises that was and is in connection
with the paymentfor health care benefits hems and services did knowinglyand willfullyexecute
theaforesaid scheme
In violation of Title 18 UnitedStatesCode Sections 1347 and 2
CQUNTlll
(Health Care FraudTitle 18USC Sections 1347and 2)
The Orand Jury further charges that
124 Theallegations contained in paragraphs 1-16 and 18-102 of this Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
PAGE 0315WTOL NEWSOS232012 1149 4192447HI4
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33
125 Using themethods described in Paragraphs 60-78 TAREK ELKAFRAWI and
others known to the OrandJury submitted fraudulent reports to BWC resulting in BWC
undercharging the Lima IHOP
126 From on or about August 31 2007 through the date of this Indictment in the
Northern District of Ohio Western Divisionand elsewhereTAREK BLKAFRAWIand others
known to the GrandJury havingdevisedand intendingto devise a scheme and artifice to defraud
the Ohio Bureau of Workers Compensation (BWe) a health care benefit program as defined in
Title 18 United StatesCode Section24(b) of money by means of materially false
representations and promises that wasand is in connection with the payment for health care
benefits items and services did knowingly and willfullyexecute the aforesaid scheme
In violationof Title 18UnitedStates Code Sections 1347and 2
COUNT 11
(Health Care Fraud Title 18 USC Sections 1347and 2)
The Grand Jury furtherchargesthat
127The allegations contained in paragraphs 1-16and 18-102of this Indictment are reshy
allegedand herebyincorporated by reference as if fully set forth herein
128 Using the methods described in Paragraphs60-78 TAREK ELKAFRAWI and
others known to the OrandJury submitted fraudulent reports to Bwe resulting in awe
undercharging the Findlay IHOP
129 From on or aboutMay 102004 through the date of this Indictment in the Northern
Districtof Ohio Western Division and elsewhere TAREK ELKAFRAWI and others knownto
theGrand Jury havingdevised and intending to devise a scheme and artifice to defraud the Ohio
Bureau of WorkersCompensation (BWe) a health care benefit program as defined in Title 18
4) lL44Hl4 WIUL NIW~
Case 312-cr-00262-DAK Doc 1 Filed 052212 34 of 65 PagelD 34
34
United StatesCode Section 24(b) of moneyby meansof materially false representations and
promises that wasand is in connection with the payment for healthcare benefits items and
services did knowingly and willfully execute the aforesaidscheme
In violation of Title 18 United States Code Sections 1347and 2
CoUNT12
(Health Care Fraud Title 18USC Sections 1347and 2)
The Orand Jut)I further charges that
130 The allegations contained in paragraphs Imiddot] 6 and 18-]02 of this Indictmentare reshy
alleged and hereby incorporated by reference as iffulJy set forth herein
13 l Usingthe methods described in Paragraphs 60-78 TAREK ELKAFRAWI and
others knownto the Orand Jury submitted fraudulent reports to BWe resulting in awe
undercharging the Central IHOP
132 From onor about February 28 2005 through the date of this Indictment in the
Northern Districtof Ohio Westem Division and elsewhere TAREKELKAFRAWI and others
known to the Grand Juryhavingdevisedand intending to devisea scheme and artifice to defraud
the Ohio Bureau of Workers Compensation (BWC) a health care benefitprogram as defined in
Title 18 United States CodeSection24(b) of money by means ofmaterially false
representations and promises that was and Is in connection with the paymentfor health care
benefits items and services did knowingly and willfully executethe aforesaid scheme
In vioJation of Title 18 United States Code Sections 1347and 2
41 I~4411~4 WIUL N~W~
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3S
COUNT 13
(HealthCare Fraud Title 18 USC Sections 1347 and 2)
The Grand Jury furtherchargesthat
133The allegationscontained in paragraphs 1middot16 and 18middot102 of this Indictment are reshy
alleged and herebyincorporated by reference 8$ if fullyset forth herein
134 Using the methodsdescribed in Paragraphs 6Q78 TAREK ELKAFRAWI and
others known to the GrandJury submitted fraudulent reports to awc resulting in awe
undercharging the Perrysburg JHOP
135 From on or about August 30 2005 through the date ofthis Indictment in the
Northern District of Ohio Western Division and elsewhere TAREK ELKAFRAWI and others
known to the GrandJury having devised and intending to devise a scheme and artifice to defraud
the Ohio Bureauof WorkersCompensation(BWC) a health care benefit program as defined in
Title 18 United States Code Section 24(b) of money by means of materially false
representations and promises that was and is in cenneetlon with the payment for health care
benefits items and services did knowinglyand willfullyexecute the aforesaid scheme
In violationofTitle 18United StatesCode Sections 1347 and 2
COUNTS 14-17
(Mail Fraud Title 18 USC Section J341)
The Grand Jury furthercharges that
136 The allegations containedin paragraphs 1-16 and 18middot102 of this Indictmentare reshy
alleged and hereby incorporatedby referenceas if fully set forth herein
131 Fromon or about January 30 20ll through on or about April 10201 I in the
Northern District of Ohio Western Division and elsewhere Defendants TAREK ELKAFRAWI
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36
and TAREK EIDOMARdevised and intended to devisea scheme and artifice to deframiddotud and to
obtain moneyfrom THOP Corporate by meansof materially false and fraudulent pretenses
representations and promises
MANNER AND MEANS
(t was part of the schemeand artifice that
]38 Using the methods described in Paragraphs 46-54 and 71-78 TAREK ELKAFRAWI
and TAREK EIDOMARmanipulated the SABLE Pointof Sale system to fraudulently report
debits and charges in order to hide the removal of cashdirectly from the Evansville IHOP
TAREK EID OMARat the direction of TAREKELKAFRAWI would then producea fraudulent
PampL report and mail it using the United States PostalService to provide that report to
Management Services in Wichita Falls Texas
139 Onor about each ofthe dates set forth below in the Northern District of Ohio
Western Division andelsewhere for the purpose ofexecutingand attempting to executethe
above described scheme and artifice to defraudTAREK ELKAFRAWI and TAREK EID OMAR
knowingly caused to be placed into any post office or authorized depository for mail matterany
matteror thingto besent and delivered by the US Postal Services and caused to be deposited any
matter to be sent or delivered by privateand commercial interstatecarrier the following matter
from Toledo Ohioand Evansville Indianato WichitaFallsTexas each mailingconstituting a
separate count
COUNT 14
Mm SENDER MAIL MAUER
January 302011 TAREK EID OMAR PampL report
OS232012 1149 419~447104 WTOL NEWS PAGE 0715
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37
COUNT 15
February14 2011 TAREK BID OMAR PampL report
COUNT 16
March 28 20II TAREKEID OMAR PampL report
COUNT 17
April 102011 TAREK EJD OMAR PampL report
All in violation ofTitle 18UnitedStates Code Sections 341 and 2
COUNT 18
(Use of Fire to Commit a Felony Title 18 USC Sections 844(h) and 2)
TheGrand Jury further charges that
140The allegations contained in paragraphs 1-16 and 18-102 ofthis Indictmentarc reshy
alleged and hereby incorporatedby reference as if fully set forth herein
141On or about August 10 and II 2008 [n the Northern Districtof Ohio Westem
DivisionTAREK ELKAFRAWI and JOSE LEON-GONZALEZ knowingly used fire to commit
Mail Fraud a felony prosecutable in a court of the United States
In violation ofTitle 18 United States Code Sections 844(h) and 2
COUNTl2
(Malicious Use of Fire Title 18 USC Sections 844(i) and 2)
The Grand Jury further charges that
142 The allegations contained in paragraphs 1-16and 18-102 ofthls Indictmentare reo
alleged and hereby incorporated by reference as if fully set forth herein
WTOL NEWS PAGE 0815OS232012 1149 4192447104
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38
143 On or about August 10and II 2008 in the Northern District of Ohio Western
Division TAREK ELKAFRAWIand JOSE LEON-GONZALEZ maliciously damaged bymeans
of fire and explosivematerialsa buildinglocated at 7777 Countymiddot Road 136 Findlay Ohio used
in interstatecommerce
In violation of Title 18 UnitedStates Code Sections 844(i) and 2
coUNtS 0-28
(Mail FraudTitle] 8 USCSection 1341)
The Grand Jury furthercharges that
144 The allegations containedin paragraphs 1-16and I8-102 of this lndictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
145 Fromapproximately the month of July 2008 the exact date unknownto the Grand
Jury through On or about October 27 2009 in the Northern District of Ohio Western Division
and elsewhereTAREK ELKAFRAWI devisedand intended to devise 8 scheme and artifice to
defraudFarmers InsW1J1ce Group and to obtain moneyand property by meansof false and
fraudulent pretenses representations and promises
146 It was part of the schemeand artificeto defraud that TAREK ELKAFRAWI would
submit traudulent invoices to FarmersInsuranceGroup under PolicyNumber 602926772 for
work that was not performed or performed at a lower invoice
147It was a furtherpart of the scheme and artifice that TAREK ELKAFRAWI submitted
claims forpayroll costs that were completely illusorybecause the requested claimswere for
periods the restaurant was closed and had no employees
~~~J2012 1149 4192447104
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39
148 It was a furtherpart of the sc erne and artifice that all checks were sent directly to
TAREKELKAFRAWI at the Terry Elk G~OUP not the Findlay lHOP
149On or about each of the dates bet forth below in the Northern District of Ohio
Western Division and elsewhere for the Jurpose of executing and attempting to execute the
above described scheme and artifice to delud TAREK ELKAFRAWI knowinglycaused to be
placed into any post office or authorized dlpository for mail matterany matter or thing to be sentI
and dellvered by the US Postal Service Jd caused to be deposited any matter to be sent or
delivered by private and commercial inters~te carrier the following matter from the state of
Illinois to Toledo Ohio each mailingcon~itUting a separate count
October 17 2008
October22 2008
January 262009
October21 2009
September22 2008
January 26 2009
SENDER
Fanners Insurance
Farmers Insurance
Farmers Insurance
Farmers Insurance
FarmersInsurance
Farmers Inswance
CO 20
M61LMAmR
$S5947S 1check to Terry Elk Group
21
I $45581367 check to Terry Elk Group
~ I $24444302 check to Terry Elk Group
~ I $2262384 check to Terry Elk Group
bOUNTM
I $2500000 check to Terry Elk Croup
~ $15684795 check to Terry Elk Group
PAGE 1015WTOL NEWS05232012 1149 4192447104
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40
COUNT 26
October ~ I 2009 Farmers Insurance $4285205 check to Terry Elk Group
COUNT 27
February 172009 Farmers Insurance $20867200check to Terry Elk Group
COUNT 21
October 27 2009 FarmersInsurance $15226400 check to Terry Elk Group
All in violationofTitle 18 United States Code Section 1341
COUNT 29
(Aggravated IdentityTheft Title 18 USC Section 1028A and 2)
The OrandJury furthercharges that
ISO The allegations contained in paragraphs 1-16and 18~102 of this Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
J51 Onorabout October9 2007 in the Northem District of9hlo Western Division
TAREK ELKAFRAWI did knowinglyuse without lawftllauthority a means of identification of
another personduring and in relation to the commission ofWire Fraud a violation ofride 18
United States Code Section 1343
In violation of Title 18 United States Code Sections I028A(a)(1) and 2
CQVNT30
(Aggravated Identity Theft T~tle is USC Section l028A and 2)
The Grand Jury further charges that
152 The allegations eontained in paragraphs 1-16 and 18-102 of this Indictment are reshy
alleged and hereby incorporated by reference as if fully set forth herein
05232012 1149 4192447104 WTOL NEWS PAGE 111 5
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41
153 On or about May 192008 in the Northern District of Ohio Western Division
TAREK ELKAFRAWIdid knowingly use without lawfulauthoritya means of identification of
another personduringand in relation to the commission of Wire Fraud a violation ofTitle 1g
United StatesCodeSection I~43
In violation of TitJe J8 UnitedStates Code Sections 1028A(a)(I) and 2
COUNT31
(Aggravated IdentityTheftTitle 18USC Section J028A and 2)
The Orand Jury furthercharges that
154 The allegations contained in paragraphs 1-l6- and 18middot102 of this Indictment are reshy
alleged and herebyincorporated by reference as if fully set forth herein
155 On or aboutJuly 132Q09 in the Northern District of Ohio Western Division
TAREK ELKAFRAWIj did knowingly use without lawfuJ authority a means of identification of
another personduring and in relation to the commission of Wire Fraud a violation of Title 18
United StatesCodeSection 1343
In violationofTitle 18 United States Code Sections 1028A(aXl) and 2
COlNT32
(Aggravated IdentityTheft Title 18USC Sectlon J028A and 2)
The Grand Jury furthercharges that
J56 Theallegations contained in paragraphs1-16and 184 J02 of this Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
157On or about May3l 2009 in theNorthern Districtof Ohio Western Division
TAREK ELKAFRAWI did knOWingly use without lawful authoritya means of identification of
OS232012 1149 4192447104 WTOL NEWS
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42
another person during and in relation to the commission of Wire Fraud a violation of Title 18
United States Code Section 1343
In violation ofTitle 18 United States Code Sections 1028A(a)(I) and 2
COUNT 33
(Aggravated Identity Theft Title 18 UsC Section l028A and 2)
The GrandJury further charges that
138 The allegationscontainedin paragraphs 1-16 and 18-]02 of this Indictment are reshy
alleged and herebyincorporated by reference as if fullyset forth herein
159 On or about October 22008 in the Northern District of Ohio Westem Division
TAREK ELKAFRAWI did knowingly use without lawfulauthority a means of identification of
another personduring and in relation to the commission of Wire Fraud a violationof Title 18
United States Code Section 1343
In violationof TItle ]8 United States Code Sections 1028A(a)(I) and 2
CQVNT34 (Aggravated IdentityTheft Title 18 USC Section 1028A and 2)
The Grand Jury furtherchargesthat
160 The allegationscontained in paragraphs 1-16and 18-102ofthis Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
16t Onor about January27 2008 in the Northern District of Ohio WesternDivision
TAREK ELKAFRAWI did knowinglyuse without lawfulauthority a means of identification of
anotherpersonduringand in relation to the commissionofWire Fraud a violation ofTitJe 18
United States Code Section 1343
In violation of Title 18United States Code Sections l028A(a)(1) and 2
I I
WTOL NEWS PAGE 13115OS232012 1149 4192447104 I
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43
COUNT 35 (AggravatedIdentityTheft Title 18USC Section 1028A and 2)
The Grand Jury further charges that
162The allegations contained in paragraphs I-16 and 18-102 of this Indictment are reshy
alleged and herebyincorporated by reference as jf fully set forth herein
163On or about March 72009 in the NorthernDistrict of Ohio Western Division
TAREK ELKAFRAWI and KHALED YOUSEF did knowinglyuse without lawful authority a
means of identification of another personduringand in relation to the commission of Wire Fraud
a violation of Title 18 United States Code Section 1343
In violationof Title 18 United States Code Sections 1028A(a)(1)and 2
COUNT 36
(Aggravated IdentityTheft Title 18 USC Section 1028Aand 2)
The GrandJury further charges that
164 The allegations contained in paragraphs 1-16 and 18-102 of this Indictmentare reshy
allegedand hereby incorporated byreferenceas if fully set forth herein
16S On or about March tS 2009 in the Northern District of Ohio Western Division
TAREK ELKAFRAWI and KHALED YOUSEF did knowinglyuse without lawful authority a
means of identification of another person duringand in relation to the commission of WireFraud
a violation of Title 18United States Code Section 1343
In violation ofTitle 18United States Code Sections l028A(a)(1) and 2
~~~~2012 1149 4192447104 wloe NEWS
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44
COUNT 37
(Aggravated Identity The~ Title 18 USC Section l028A and 2)
The GrandJury further charges that
166 Theallegations contained in paragraphs 1-16 and 18-] 02 of this Indictment are reshy
alleged and hereby incorporated byreference as if fully set forth herein
167 On or aboutJuly 21 2009 in the Northern District of Ohio Western Division
TAREK ELKAfRAWI and RAMIZAWWAO did knowingly use without lawful authority a
means of identification of anotherperson duringand in relation to the commission of WireFraud
a violation of Title 18United States Code Section 1343
In violation ofTitle 18 UnitedStates Code Sections l028A(a)(1) and 2
cOUNT38
(Aggravated Identity TheftTitle 18 USC Section 1028A and 2)
The Grand Juryfurthercharges that
168Theallegations contained in paragraphs 1-16 and t8-102 of this Indictment are reshy
alleged and hereby incorporated by reference 8S if fully set forth herein
169 On or about July 132009 in the NorthernDistrict ofOhio WesternDivision
TAREK ELKAFRAWIand IAMIL MOHAMMED AWWAD did knowingly use withoutlawful
authority a meansof identification of another person during and in relation to the commission of
Wire Fraud a violation ofTitle 18 United States Code Section 1343
In violation of Title 18 United States CodeSections l028A(a)(1) and 2
11 4l 41 l~44 IUl4 WIUL NIWl
Case 312-cr-00262-DAK Doc 1 Filed 0522112 45 of 65 PagelD 45
45
COUNT 39
(Identity Theftt Title 18 USC Sections 1028 and 2)
The Grand Jury further charges that
170 The allegationscontained in paragraphs 1-16 and 18-102 of this Indictment are reshy
alleged and hereby incorporated by reference as if fully set forth herein
171 On or about December132010 in the Northern District orOhio Western Division
TAREKELKAFRAWI and DONNA J HARRIOTTt did knowingly use in or affectinginterstate
or foreigncommerce without lawful authority a means of identification ofanother person to wit
s social securitynumber and date of birth with the intent to commit or to aid or abet or in
connectionwith any unlawful activitythat constitutes Wire Fraud 8 violation of 18USC
sect1343 and the offense involved the useof an authentication feature that is or appears to be an
identification document or authentication feature issued by Or under the authority of the United
States
All in violation ofTitle 1St United States Code Sections 1028(a)() (b)(l )(A)(l) and (f)
and 2
COUNI40
(Identity Theft Title 18USCbull Sections 1028and 2)
TheGrand Juryfurther chargesthat
172The allegationscontained in paragraphs 1-16 and J8middot102 of this Indictment are reo
allegedand hereby incorporated by referenceas if fully set forth herein
173On or about May42010 in the Northern District ofOhio Western Division
TAREK ELKAFRAWI and SARA RINEBOLT did knowingly use in or affecting interstate or
Case 312-cr-00262-DAK Doc 1 Filed 052212 4 of 65 PagelO 4 bull bull I
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and its interests Additionally FBC and RD personnel reported to IHOPCorporateon topics that
affected a franchisees standingwithin the corporation including a franchisees abilityto receive
relief fundsor advertising funds from IHOP Corporate or preferred treatmentbased on periodic
reviewsand auditsof the franchisees business
9 As such JHOP Corporate restricted the nature and extent of the business relationships
FBCsor RDs had with franchisees For instance an FBC or RD was forbidden to engage in
personal business transactions with a franchisee and likewisecould not personally profit from the
operationor saleof a franchise
10 Priorto December 18 2003 TAREK ELKAFRAWIowned and operatedtwo IHOP
franchises one was locatedat 601 North Burkhardt Road Evansville Indiana (hereinafter
Evansville) the other was located in Decatur Illinois At that time AUTUMN LEE
TANGAS worked for IHOPCorporate in the DecaturIllinoisregion TAREK ELKAFRAWI
maintained a social friendship with her in additionto their businessrelationship
11 Onor about August 192003 TAREK ELKAFRAWIand a personknown to the
GrandJury purchased the IHOP located at 4045 Talmadge Road Toledo Ohio (hereinafter
Talmedge) On or about December 92003 TAREK ELKAfRAWI AUTUMN LEE
TANGASL R (not charged in this indictment) and another personknown to the GrandJury
purchasedthe IHOP franchise located at 6535 Airport Highway HollandOhio (hereinafter
AirportHighway) On or about December 182003 TAREK ELKAFRAWI purchasedthe
IHOP franchise locatedat 7777Township Road 236 FindlayOhio (hereinafter Findlay) In
order to aid in runningthe franchises TAREKELKAfRAWI who was still residingprimarily in
EvansvllleJndlana made MK (not charged in this indictment) also knownas MK and MK
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the district manager for the ftanchises and hired KM (not charged in this indictment) to serve as
area manager
12Between on or about December29 2004 and on or about December 20 2006
TAREK ELKAFRAWI MK and KM purchased togetherand with others both knownand
unknownto the OrandJury the following IHOP franchises in and around the Toledo Ohioarea
6920 West Central Avenue Toledo Ohio (hereinafter Central) 10151 Fremont Pike
Perrysburg Ohio (hereinafter Perrysburg) and 3289 Elida Road Lima Ohio (hereinafter
13 On or aboutNovember7 2001 TAREKELKAFRAWI sold his interest in the
Decatur Illinois mop Thus for the relevant time period covered in this Indictment TAREK
ELKAFRAWI MK KM AUTUMN LEETANOAS and others known to the Grand Jury
owned in wholeOr in Part operated together and benefitted financiaJly from the roHowing
IHOPfranchises Evansville Talmadge Airport Highway FindlayCentral Perrysburg and
Lima
14Starting from the time TAREK ELKAFRAWI operated onlythe Evansville and
Decatur IHOPs through the present TARBK ELKAFRAWI MK KM and AUTUMN LEE
TANGASthroughtheir operationcontroland oversightofthe franchises used various frauds
schemes and criminal activities to fraudulently manipulate sales figures salaries and pa)TOll
and losses in an attempt to evade taxes avoidpaying royalties and other financial obligations
and to unjustJy and illegally divert money from the [HOP franchises to themselves
15 Through the manipulation of the MICROS system the hiring and harboringof illegal
aliens the aggravated theft and use of identification documents and the unauthorized remittance
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of checks TAREK ELKAFRAWI conspired together with MKbull and with others both known
and unknownto the Grand Jury to harbor aliens and commit identity theft in furtherance of and
in support of maiJ and wire fraud schemes as detailed below
The Grand Jury charges
COUNT 1
(Money Laundering Title 18 USC Section 19S6(hraquo
16 The infonnation contained in the General Allegationsparagraphs 1-15above is
incorporatedby reference herein
17 Fromon or about August 192003 to the date of this indictment in the Nonhero
Districtcf Ohio WesternDivision and elsewhere the Defendants TAREK ELKAFRAWJ
TAREK EID OMAR KELLYELKAFRAWI and AUTUMN LEE TANGAS did knowingly
and intentionallycombineconspire and agree with each other and with other persons both
knownand unknown to the GrandJury to commitoffenses against the United States in violation
of Title 18 UnitedStates Code Section 19S6(h) to wit
(a) to knowingly conduct and attempt to conduct a financial transaction affecting
interstateand foreign commerce which involved the proceeds of a specified unlawfulactivity
that is Alien Harboring a violationofTitle 8 UnitedStates Code sect 1324 with the intent to
promote the carrying on of specified unlawful activity that is MaiJ Fraud and Wire Fraud
violations of Title 18 United StatesCode sectsect 1341 and 1343 respectivelyand that while
conductingand attemptingto conductsuch financial transaction knew that the property involved
in the financial transaction representedthe proceedsof some form ofunlawful activity in
violation ofTide 18United States Code Section 1956(aX l)(A)(i) and
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(b) to knowingly conduct and attempt to conduct a financial transactionaffecting
interstateand foreign commerce whichinvolved the proceeds of a specified unlawful activity
that is Mai I Fraudpursuant to 18 UsC sect1341 with the intent to engage in conductconstituting
a violation of26 USC sect 7201 to wit evasion ofpaymentof taxes and that while conducting
and attemptingto conduct such financial transactionknew that the property involvedin the
financial transaction represented the proceedsof some form of unlawful activity in violalion of
Title 18~ United States Code Section 19S6(a)(1)(A)(ii)i and
(c) to knowingly conduct and attempt to conduct financial transactionsaffectinginterstate
commerceand foreign commercewhichtransactions involved the proceeds of Ii specified
unlawful activitythat is Mail Fraud pursuant to 18 USC sect1341 knowingthat the transactions
were designedin whole or In part to concealand disguise the nature Iocanon source ownership
andcontrol of the proceeds of said specifiedunlawful activity and that while conductingand
attemptingto conduct such financial transactions knew that the property involved in the fm811cial
transactionsrepresentedthe proceedsof some fonn of unlawful Beth-it) in violationof Title 18
UnitedStates Code Section 1956(a)(I)(8)(i) and
(d) to transport transmit W1d transfer and attempt to transport transmit and transfera
monetary instrument or funds involvingthe proceedsofa specified unlawful activity that is Wire
Fraud pursuantto 18 USC sect 1343~ from a place in the United States to or through a place
outside the United Statesknowing that the funds Involved in the transportation transmission
and transferrepresented the proceedsof some fonn of unlawful activity and knowing that such
transportation transmission and transfer was designed in whole Or in part to conceal and
disguise the nature locationsource ownershipand control of the proceeds of said specified
l13tLlpZ5tlSM3N lOlM9tL13 397d
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unlawful activjry in violation of Title 18 United States Cyene Section 956(a)(2)(B)(i)
MANNER AND MEANS OF THEICONSPlRACY
18The mannerand means used to accomplish the bjectives of the conspiracy included
among others the folJowing
Koowiag Emplo)meat of U1eFaJ Aliens
19 From approximately December 18 2003 to the ~~te of this indictment the
Defendants TAREK ELKAFRAWITAREK BID OMARKELLY ELKAFRAWI and
AUTUMNLEE TANGASemployed over 200 illegal alieqs to workat the seven identifiedI
IHOP restaurants At the directionofTAREKELKAFRAWI and others known to the Orand i
Jury most of these aliens used fraudulent or stolen identificrtions while working at theseven
IHOP restaurants
20 Inorder to locateand recruit these illegal aliensIfAREK ELKAFRAWIand MK
employed several individualsknown to the Orand Jury inclyenSing but not limited to CARLOS I
GAMBOA JOSE LEON-GONZALEZ aka Jose Leon aka fose Vargas aka Juan Vargas aka
Edwin Martel FV-P and SL (not charged in this indictme~t) to recruit Illegal aliensto work at
IHOP and to IU1BJ1ge for theirarrival at one of the seven id~tified IHOP restaurants I
21 When an iHega] alien arrivedas an employee thelmanagerof the HOP at the I
directionof TAREK ELKAFRAWI MK or KM would nter the alien into the MICROS
system usingeithera fraudulent identification or II name alreadyin the systemi
22 If the illegal alien had falsepaperwork or dceumentatlon the manager would accept it I
without verifying its legitimacy conversely if the illegal aliep did not have documentation
TAREK ELKAFRAWI MK or KM would arrange for C~RLOS GAMBOA JOSE LEONshyI
Case 312-cr-00262~DAK Doc 1 F=i1ed 0522112 9 of 65 PagelO 9
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GONZALEZ FV-P 0[ others known to the Grand Jury to obtain frCudulent documcntation for
the illegal alien
23 Additionally to further the scheme to harbor and conceal the identity of the illegal
aliens TAREK ELKAFRAWIand MK would individually and personallydirect managers and
others known to the Grand Jury to cash the payroll checks of illegal aliens
24 TAREKELKAFRAWl and MK also would cash payrollcheckscfallens against
their personalbank accounts in order to help conceal the presence of illegalaliens Likewise
TAREK BLKAFRAWI authorized managers to cash payroll checks at the restaurants for illegal
alienemployees
25 It was COmmon practicefor TAREK ELKAFRAWI MK KMbulland TAREK EID
OMAR to assign multiple identities to employees for the purpose of employeesavoiding taxes or
receiving govenunentbenefits as well as to avoidpaying employees overtime wages
26 As a result of hiringand harboring illegal aliens TAREK ELKAFRAWI and MK
wereable 10 manipulate the wages of employeesreported to the Internal RevenueService for
purposes ofundelTeporting theirpayroll tax liability
27 Further by employingandharboring iJ legal aliens TAREK ELKAFRAWI and MK
manipulated Form94 reports to theBureau of WorkersCompensation for the State of Ohio
(hereinafteraWe) thus drastically reducing the franchises bi-annual payments to the state
agency
28 Further by employing and harboring illegal aliens TAREK ELKAFRAWI and MK
wereable to underpay manipulateand minimize the amount of money they actually paid to the
illegal aliens knowing the aliens would not complain or report them to law enforcement
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Understating Income
29 The schemes described in Paragraphs 19 through 28 further allowed TAREK
ELKAFRAWI MK K M and TAREKEID OMARto createan environment ill which the
managers were expected to manipulate the Pointof Sale systems to reduce the weekly netsales
figures
30 ByartificiallY deflating the net sales figures TAREK ELKAFRAWI and coshy
conspirators defrauded IHOP Corporateby paying a smalleramount of rent and royaJties to
JHOP Corporate than was actually owed furthermore the franchises qualified for rebates and
relief assistance payments from IHOP Corporate for which theyotherwisewould not have been
eligible
31 Asa resultof the underreporting of incomeandmanipulation of wages resulting from
the hiring andharboring of illegal aliensTAREKELKAFRAWl and MK as owners and
operators of the seven identified IHOP restaurants aidedand abetted by KM and AUWMN
LEETANOAS generated over$12 million in unreported income
32 Toconceal the existence of unreported income andto promote the continuance of the
schemefacilitated by the alien harboring TAREKELKAFRAWI and MKengaged in a
continuing courseof wirefraud by electronically transferring assets and fundsto credit cards in
the names of the mop franchises to a shellcorporation that is the TerryElk Groupto other
cornmerclal investments to bank accounts opened in the names of false fraudulent and stolen
identities to foreign and domestic properties and to foreign bank accounts
ColJusion with the FBC
33 In order to conceal the nature of the wire fraud TAREKELKAFRAWI MK and
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KM enlisted AUTUMN LEE TANGAS the FBe for the regionto minimize the likelihood that
IHOP Corporate would question the weekly net sales figures underreported bythe seven
IdentifiedJHOP restaurants
34 Specifically in December2003TAREK ELKAFRAWI enteredinto an agreement
with AUTUMN LEETANGAS in which AUTUMN LEETANOAS friend LR (not charged
in this indictment) would receive health benefits and paychecks in return for AUTUMN LEE
TANGAS making an undocumented investment in the FindlayIHOP
35 Prior to the December 182003 purchase of the Findlay IHOP byTAREK
ELKAFRAWI AUTUMN LEETANOAS had informed TAREK ELKAFRAWIthat IHOP
Corporateneededto find a suitable purchaser for the Findlay poundHOP AUTUMN LEE TANOAS
knew that TAREK ELKAFRAWI did not have the financial ability to purchase the franchise at
that time hut that she herself did However AUTUMN LEETANGAS knew that because of
her position 8$ FBC she was precludedby IHOP Corporate from investing in any franchise
36 Inreturn for providingTAREK ELKAFRAWI$50000 to purchase the Findlay
IHOP AUTUMN LEETANGAS friend LRwas listed as minority owner of the Airport
Highway mop and receivedweekly paychecks andhealth benefits from that corporation despite
the fact that she never worked as an employee there
37 On or about December6 2004 AUTUMN LEE TANGAS deposited a $5000 check
drawn on the Airport HighwayIHOP account(and signedby TAREK ELKAFRAWI) into her
bank accountas a partial return on her sub rgainvestment in the Findlay IHOP
38 On or about April 23 2005 AUTUMN LEE TANOAS depositeda $40000cashiers
check from TAREK ELKAFRAWls personal bankOld National Bank in Evansville lndiana
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into her bank account as ~ partial return on her investment in the Findlay IHOP
39 AUTUMN LEETANGAS failed to inform lHOP Corporateof her financial
relationship witheitherLR or TAREK ELKAFRAWI
40 On or about June 8 2005 AUTUMNmiddot LEETANOAS deposited a $20000 check
drawn on the Airport Highway IHOP account (andsignedby TAREK ELKAFRAWI) into her
bankaccount as a final return on her investment ill the FindlayJHOP Since that investment
AUTUMN LEETANGAS hal continued to serveas FBC for the restaurants owned and operated
by 1AREK ELKAFRAWI and othersknown to the Grand Jury During that time those
restaurants wereneveraudited nor were their sales losses or financial performances questioned
41 IHOPCorporate also was not notified of a fire at the FindlaylHOP in 2008 that
resulted in approxhnately $136 million in damage claims by TAREK ELKAFRAWI and the
closureof the location for three months Such information is the type ofmaterial information
IHOP Corporate expects FBCs to collect and provide in reports to headquarters
42 On multiple occasions known to the Grand Jury AUTUMN LEETANGAS informed
managers of the Toledo-area IHOPs that she knewthat a numberof illegal aliens worked for the
lHOPsownedand operated by TAREKELKAFRAWIand madestatements to persons known
to the Grand Jury that everyone wouldbe in trouble if that fact became known
43 Pan afthe incomplete and erroneous infcrmation provided by AUTUMN LEE
TANGAS to IHOPCorporate included her filing yearly reports recommending that lHOP
Corporate subsidize the Central Avenue IHOP by providing a weekly credit ofapproximately
$2300 This credit referred to as a reliefpayment was supposedto be used to lessen the burden
of payingweekly rent and royalty payments for an underperforming restaurant Originally
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Case 312-crmiddot00262-DAK Doc 1 Filed 0522112 13 of 65 PagelO 13
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intended by mop Corporate to be a temporary short-term paymentused in extraordinary
circumstances through the attestations andsupport of AUTUMN LEETANGAS theCentral
IHOP received credits for overfive years Asa resultTAREKELKAFRAWIpersonally
realizedover$500000 in revenue that otherwise would have been retained by mop Corporate
44 Additionally the annual reports supporting on-goingrellefpayments enabled TAREK
ELKAFRAWI and MK to justify declining sales which in actuality were a direct result of
Point of Sale system manipulations and otherfrauds rather than a marketcondition affecting the
franchise
45 Protected from IHOPCorporate scrutiny TAREKELKAFRAWI MK and KM
directedand controlled several ongoingwirefraud schemes involving the finances of their IHOP
franchises These wire fraudschemes faU intothe following categories Point of Salesystem
manipulations of the grossand net sales and fraudulent reporting of assets and liabilities to skew
the performance of certain restaurants thereby qualifying them for IHOPCorporate benefits
false reporting to ewe and payroll manipulations to enable improperhealthand welfare
benefits
Point of Sales MauipulatloD
46 In addition to the aboveschemes from approximately 2004 to the dateof this
indictment TAREK ELKAFRAWI MK and TAREK EID OMARpersonally directed
managers to manipulate the Pointof Sale systems in order to remove cash from the stores 8S
unreported income
47 TAREK ELKAFRAWI and MK directed the Point of Sales system remotely
through the use of software that gave them full access and controlof the Pointof Salessystem
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Case 312-cr-00262-DAK Doc 1 Filed 0522112 14 of 65 PagelD 14 )4
from their homes Since approximately 2010-20]) TAREK ELKAFRAWI and MK have used
softwarecalled Team Viewer This software was installed on the home computers ofTAREK
ELKAFRAWI and MK in 2010 and 2011 respectively shortlyafter the latestMICROS system
was installed on all [HOP computers
48 One of the schemes to defraud was to manually reset the internal clock and calendar
of the MICROSsystem For instance on a Monda) the MICROS system would be set two days
ahead this would essentially pausethe system from downloading and compilingthe sales
figWes Thus although on that Wednesday the MICROS system would recognize the sales
recorded for Monday Tuesday and Wednesday and create aggregate statistics for those three
days the fact that the system was paused for thosedays allowed managers to manipulateor
under-report all of the cash transactions because cash transactionswere recognized as open
tickets for those threedays
49 The benefit of having an openticket was significant As long as a ticket was
open a sale was not considered complete that ticket could then be manipulated or even
deleted completely Thus when the MICROS system clocks werereset any open tickets or
cash transactions could be voided in MICROS and the easb receivednot recorded
50 In addition to manipulatingthe intemalsettings of MICROS MK and TAREK
ELKAFRAWI deviseda scheme whereby the MICROSsystem would simply be turnedoff
either by MK or a manager and product sales rung up manually
5 t Like the clock-settingscheme when MICROS was off-line tickets became
unreportable so cash transactions were not recorded by the system and moniescould be received
and deposited without lUI) paper trail Such transactions were not taxed and the sales were not
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Case 31Z-cr-OQ262-DAK Doc 1 Filed 052212 15 of 65 PagelD lS
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recorded at the IHOP Corporate level so money that would otherwise have triggered the payment
of taxes or franchise feeswas kept by TAREK ELKAFRAWI as unreported income
52 TAREK ELKAFRAWI MKand TAREK EID OMARalso manipulated the
reporting of sales through the use of coupons When a customer paid in cash the store manager
was directed to use a store coupon to reduce the ticket or void the sale completely Therefore the
difference betweenthe reduction or void was not reflected in the final sale total and could be
taken by management as unreported income Accordingly TAREKELKAFRAwr MK and
TAREK EID OMARdirected their managers to use cash sales transactions to realize unreported
incomebull
53 ~AREK ELKAFRAWIand TAREK BIDOMAR manipulated the SABLE systemin
the Evansvillerestaurantmuch morebrazenlythan in theToledo-arearestaurants because of
certain exploitablecharacteristics of the SABLEsystem
54 Manipulations also affected employees salaries Starting in 2004 and continuing
through the present TAREK ELJltAFRAWI MK and TAREK ErO OMARdirected managers
to automatically deduct30 minutes fromalmost every employees time card daily in the Pointof
Sale systemsusing the BmiddotSO1 programs ability to edit entries
Manipulatiag Profit and Loss Statemenl$
55 The goal of these schemeswas to divert money from the restaurants actual gross
income into the personal accounts ofTAREK ELKAFRAWI and MK as unreported and
untaxed income As part of the schemeto laundermoney and evade federal state and local
taxes TAREK ELKAFRAWIMKbull KMand TAREK EID OMAR also directedaccountants
=iMlN nlM
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and bookkeepers to manipulatethe profit and loss statements (hereinafterPampLs) and balance
sheets for their various corporations
56 A PampL is a physical or electronic documentdetalHng how a corporations gross
income is transformed into the net income It displays the reported gross income for a specific
period oftime and the costs and expenses charged against this income The purpose is to show
interestedpartieswhetherthe corporation lost Or made money The accountants created the PampL
statements using data providedby TAREK ELKAFRAWI and MK and relied on those PampLs to
filecorporate taxes
57 That data wasculled from various sources MK helped create the PampLspreadsheets
by providing the documents to the managersand then received the completed weekly
spreadsheets via email Upon receiving the PampL spreadsheets the restaurant managers added in
reported total sales laborcosts for the staff invoicesfor food and supplies food discountsand
manager voids However the managers salaries end the restaurants rent expenses were entered
in the spreadsheet by MK and could not be altered by other employees Included in the
spreadsheetportioncreated by MK were some budgetary lines containing debits for categories
that simply did not exist as businessexpenses Thenumbers provided by MK were inflated
For example the LimaIHOP PampLlisted a gross total ofapproximately$ ]500 per week for
managers salaries However the number that MK entered into the PampL for managers salary
was $2100 per week Likewise the amount paid in rent was consistently inflated in excessof
actual rent payments for the tHOP restaurants The spreadsheets were then submitted to the
accountantswho created the PampL TAREK ELKAFRAWI reviewed the final PampL and made
revisions to further hide his efforts to divert profits
41l44flI14 WIUL NcW~
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58 Byknowingly entering inaccurate infonnation into the PampLs TAREK ELKAFRAWI
MK KM and the store managersactingat their direction in effect manipulated the tax
burden levied on their corporation byfederal state and local governments
59 Furthermore as II result of the PampLmanipulation the net profits Were artificially
deflated to minimize the amount of royalties and rent paid to IHOP Corporate
Defrauding Worken Compensation
60 Beginning in approximately2003 TAREK ELKAFRAWI MK and KM set up
various schemes to defraud BWC and lowerthe amount they had to pay into the Workers
Compensation system BWCpayments helpcover the cost of injuries to employees whoare hurt
on the job and functions as a ferm of insurance for a company The percentageof wagespaid by
the employerare relatedto the type of business a companydoes the number of employees the
number of claims in prior reporting periodsand other factors to arrive at a semi-annual figure
owed by a company
61 From 2004 to the present TAREK ELKAFRAWIand MK manipulated some of the
factors used by awe to determine an employers premiumsfor its employees For instance
since managers premiumsare calculated at a higher rate because their salaries are greaterthan
other employees TAREKELKAFRAWI MK and KM devised a scheme to lower manager
reporting to zero(0) likewise a cooks premium would be calculated at a higher rate because
they work in moredangerous situations thanwaitresses TAREK ELKAFRAWI MK and
KM developedwaysto manipulate the reporting ofemployees average weekly salaries Also
although overtime and tips are calculated by BWCTAREK ELKAFRAWI MK and KM
WIUL NtW~41 j~441~4~o~~pound~l~ 1144
Case 312-cr-OD262middotDAK Doc 1 Filed 052212 18 of 65 PagelD 18
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deviseda schemeto avoid includingthose two factors in the final equation to fraudulently
understate premiums owed to awe
62 During2004 MK and KM submitted the semi-annual reports in person at the
Toledo office ofBWC The paymentswere made via check which triggered an electronic funds
transfer from IHOP bank accounts to BWe accounts In 2005 awc switched to an electronic
filing system
63 MK directedKM to use the averageof the lowest weekly payroll to calculatethe
semi-annual wage figure despite the fact that Bwe regulations required an average ofall weekly
wage figures for the reporting period By submitting only an average of the lowest weeks
TAREK ELKAFRAWI MK and KM deflatedthe wage figure
64 To further depress the numbers MK told KM to omit the salaries ofmanagers and
tips and then deductmore from the total Generally this manipulationdecreased the final wage
figure by an additional twenty percent(20)
6 From 2004 to the date of this indictment TAREK ELKAFRAWI was made awareof
the paymentfigure regardless of who filed the form and directed each paymentto be lower than
the previousone
66 DespiteTAREK ELKAFRAWls seeminglyarbitrarY calculus this reportingfigure
could be audited by awe The department required all businesses to file a Form 941 which
listed employees wages and taxes paid every90 days for the purpose ofpaying federal taxes
67 The Fonn 941 was created for BWC using Profit and Loss sheets MICROS and
payrollrecordsand was generally consistentwith those documents
WTOL NEWS PAGE 0415OS232012 1144 4192447104
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68 During an audit BWe could request the Form 941 and compare those numbers with
the numbers provided to awe
69 Between 2004 and 2009 KM received noticesof Bwes intention to audit various
Toledo IHOP locations Each timea notice was receivedKM TAREK ELKAFRAWI and
MK simplyignored it Threeof the auditswere never perfonned by BWC
70 BWe did audit the Findlay IHOP in 2007 fora two-year period Originally it was
determined that the restaurant owed over $55)000 in unpaidawe premiumsfor that timeperiod
71 In orderto avoid paying these premiums KM amendedtherestaurant)s worksheet
deletingmanagersnames from the list of employees and fraudulently listing the managers 8S
officersof the corporation that owned Findlayand therefore we~ exempt from payingworkers
compensation premiums However the Articles of Incorporation were not changed to list these
managers as corporate officers
72 Bymaking this change at the direction ofTAREK ELKAfiRAWI KM reportedly
reduced the amount of premiums owed awe to approximately i35000 When AunrMN LEE
TANGAS learned of thisscheme rather than reporting it to IHOP Corporate either the crime or
the addition of newofficersas required by corporate policy she told KM Youjust saved
TAREKs a-
73 In 2007 in response to the auditTAREKELKAFRAWI MK and KMcreated the
Terry Elk Group all managers weretransferred to that company and put on its payroll The
Terry Elk Group was created byKM at thedirection ofTAREK ELKAFRAWIto further
minimize payments to awe
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74 Although each of the seven identifiedmop restaurants transferred money to the
Terry Elk Groupto pay salaries for managers the Terry Elk Group never paid awe taxes
75 TAREK ELKAFRAWIand MK were officers of the Terry Elk Group and TAREK
ELKAFRAWland AUTUMN LEETANGAS both told KM that this was a great solution to
avoid payingBWC
76 The falsification of recordsand thecreation of the Terry Elk Group resulted in an
underpaymentofapproximately S2S0OOO to BWe
Document FJ1lud
77 TAREK ELKAFRAWI MK and TAREK EID OMAR further manipulated the
accounts of the IHOPrestaurants in order to laundermoney through false payouts and
fraudulentlyreported transactions
78 TAREK ELKAFRAWI MKand TAREK EID OMAR used a system of payouts
in the fonn of paper receipts deposited in the cash registers to reflect further unreported cash
withdrawals While these receipts were ostensibly for occasional items such as landscaping
charges extra food ingredients or supplies jn reality most payouts were not for services
rendered but weremerely cash withdrawals TAREK ELKAFRAWI MK and TAREK EID
OMAR directed managers to create payout slips to cover cash withdmwals and use the payout
slips to justify the withdrawals as business expenses to the accountants
Insurance Fraud
79 In 2008 the Findlay IHOP burned as a result of arson The fire was intentionally
started by JOSE LEON-GONZALEZ and individuals unknown to the Grand Juryat the direction
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Case 312-cr-00262-DAK Doc 1 Filed 0522112 21 of 65 PagelD 21
21
and orderofTAREK ELKAFRAWI and MK to facilitate insurance fraud schemes by TAREK
ELKAFRAWI
80 TAREK ELKAFRAWIsubmitted approximately $136million in fraudulent
insurance claims for firedamage to the restaurant The receipts submitted to the insurance
company reflected overcharges charges for work never doneworkdone at artificially inflated
prices and for fraudulent payroll claimsand lost income Additionally TAREK ELKAFRA WI
created wholly fictitious invoices and diverted thosepayments to his personal use
Rebate Fraud
81 TAREK ELKAFRAWIandMK used a varietyofadditional accounting
manipulations to affect the franchises balancesheets For example TAREKELKAFRAWI
often personally received rebate checks from food and beverage vendors reflecting the large
amountsofmoneyspent with theircompanies Thesechecksweremailed directly to TAREK
ELKAFRAWIs homes in Toledo and Evansville ratherthan delivered to the intended restaurant
The amounts were substantial Tropicanas annual rebate was approximately $12000 Cocashy
Colas annual rebate was approximately $7500 US Foods annual rebate was approximately
$80000 and Pepsis annual rebatewasapproximately S55000 From2004 to the date oftbis
indictment the total amount of rebate payments received by TAREK ELKAFRAWI exceeded
SIIOOOOO
82Before 2005TAREK ELKAFRAWI simplyused this money for personal expenses
However after 2005 TAREK ELKAFRAWIoccasionally reinvested the rebate money into the
franchises as a loan from officer
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83 Under this scheme TAREK ELJltAFRAWI was essentiallyclaimingthe corporations
money for himself8Jld loaning it back to the businesswhilenot reporting the rebate money as
personal income This generated an additional unwarranted liability for the corporation receiving
the loan while TAREK ELKAFRAWI would take a personal loss on his taxesfor the unpaid
loan Thus the overall tax liability for the company and for TAREK ELKAFRAWI was
fraudulently lowered
Other Schemes to Defraud
84 Thebalance sheet was also affectedby claimingremodelingcosts as a liability instead
of an asset IHOP Corporatemandated that each restaurant be remodeled every five years Per
JHOP Corporate policy this costs a franchise approximately $70000 Under standard
accountingpractices this remodel should be considered an appreciation However TAREK
ELKAFRAWI regularly directed the accountants to claimthis expense as repair and
maintenance considered a liability
85 In September2010 ManagementServices the accountantsused by TAREK
ELKAFRAWI questioned a $40000 remodelingof the Evansville restaurant completedin 2007
TAREK ELKAFRAWI lied to the accountantsthat the $40000was a personal loan from a
businesspartner Management Services then issuedcheckstotaling $40000 to the business
partner TAREK ELKAFRAWI took these checks for his own purposes
86 TAREK ELKAFRAWI also used the restaurants to obtain loans that he would
otherwisenot beable to secure TAREK ELKAFRAWIapplied for loans using well-performing
IHOP restaurants as collateral for the loans then used those loans to pay for improvements on his
other (HOPrestaurants
WTOL NEWS PAGE 08 5OS232012 1144 4192447104
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87 The improperbenefitreceived arose from the fact that each restaurant is an
independent corporation Knowing that certainIHOP restaurants such as Findlay would be
unable to securea loanTAREK ELKAFRAWIwould apply for a loan using a corporation for a
healthyrestaurant likeLima Once he hadsecured that loan he wouJd use the money on the
unqualified restaurant
88 Thusthe healthy restaurant wouJd cany a loss in the form of an outstanding loan on
its books lowering its tax liabilities while the other restaurantenjoyed the use of the loan
without having to report the transferof funds as profit
89 TAREKELKAFRAWI furtherusedschemes to transfer moneyobtained from IHOP
Corporate intended to benefitone restaurant to the use of another restaurant or directly to
himself
90 Forinstance advertising and marketing revenue would be used byTAREK
ELKAFRAWIand MK in a mannersimilar to the rebate checks In 2007 TAREK
ELKAFRAWIsubmitted a fraudulent invoicereflecting the purchase of an advertising sign for
CentrallHOP for$13500when in facthe only spent $3500 on the sign He receiveda check
fromIHOPCorporate for $13500and pocketed the difference TAREK ELiltAFRAWI
thereafterreported the remaining $ J0000 as a loan ftom officer and not taxable income
9Jbull TAREK ELKAFRAWI and MK also used the CentraliHOPs advertising budget
provided by li-fOP Corporate to pay for all of the northwest Ohio ]HOPs marketing They
would inflateCentrals invoice with the Invoices for the five other restaurantsand then send that
aggregate invoice to HOP Corporate
PAGE 091 505232012 1144 4192447104 WTOL NEWS
Case 312-cr-00262-DAK Doc 1 Filed OS2212 24 of 65 PagelD 24
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MediearelWelfarerrax Fraud
92 TAREK ELKAFRAWI MK and TAREKEID OMAR together and separately
devised schemesto personaltycollectmedical and welfarebenefits for which they did not
qualifyand sanctioned employees to do so as well
93 Using an alternate identity MK split his salary between two paychecks creating a
lower reportableincomefor each identity Usingthese dual identities MK has to date claimed
approximately $140000 in Medicaid paymentsand $35000 in food stamps and welfare benefits
from the State of Ohio
94 To further these schemesTAREK ELKAFRAWI and MK created a false property
management companythrough which MK paid rent to TAREK ELKAFRAWI in order to
show less income BothTAREK ELKAFRAWIand MK created and submitted false payroll
checks and financial documentsto support the fraudulent claims
95 TAREK ELKAFRAWI and MK also sanctionedand encouraged employees to file
fraudulent claims KHALED YOUSEF TAREK EID O~ RAMIZ AWWAD and JAMIL
MOHAMMED AWWAD were told by TAREK ELKAFRAWI and MK how to minimizetheir
payrollearnings throughthe use of multipleidentities in order to claim benefits TAREK
ELKAFRAWI toldTAREK EID OMARto eitherstart fraudulently claiming welfare or quit
having children
96 These manipulations to income revenue and payroll were reflectedin erroneousand
fraudulent tax statements to the Internal RevenueService TAREK ELKAFRAW1 directed
accountants to file his personal and corporate lax returns based on this fraudulent information in
an attempt to minimize and obscure his true incomeand tax liabilities
PAGE 10 5WTOL NEWS4192447104OS232012 1144
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Money Laundering Schemes
97 Inorder to hideandconceal thesourceof the proceedsof the wire fraud schemes
TAREK ELKAFRAWI KELLY ELKAFRAWI MK and TAREK EID OMAR engaged in real
estatetransactions
98 TAREK ELKAFRAWI loaned TAREKEID OMARand previous Evansville mop
managers YS andAA approximately S50OOO to purchase a gas station in Evansville Indiana
usingfunds derived solely from TAREK ELKAFRAWrs rnop franchises
99 To conceal the source and nature of the funds used to purchasethe gas station located
at 600North Burkhardt Road Evansville Indiana TAREK ELKAFRAWI transferred
approximately SSOOOO to TAREK EIDOMAR Y S and AAwhich theyused to purchase the
gasstation
100Using laundered assets fromthe IHOP restaurants TAREK ELKAFRAWI and
KELLY ELKAFRAWI purchased homes at l0400 Tecumseh Drive Newburgh Indiana and
J4745 Prairie Lake Drive Toledo Ohio
101 Likewise MK purchased the following properties using funds from bankaccounts
in his various names 2510 Live Oak Road Sylvania Ohio 4027 Meadowgreen DriveSylvania
Ohio 7129 Sandy Springs Road Maumee Ohio and4837 SpringbrookDriveToledo Ohio
The funds were proceeds of the fraudulent schemes
102 Finally from 2004to the date of this indictment TAREK ELKAFRAWIsent
proceeds of fraudulent IHOP transactions overseas by carrying them on his person usingbank
acccunts ownedandcontrolled byTAREKEIDOMARand others knownto the Orand Juryand
using Western Union accounts operated by TAREK EIDOMARand SM (not charged in this
41 1pound44 (1~4 WIUL N~W~
Case 312-cr-00262~DAK Doc 1 Filed 0522112 26 of 65 PagelO 26
26
indictment) Those funds have been used in part to purchase real estate and to make investments
in Egypt
All in violation of Title 18 United States Code Section I956(h)
COVNTl
(Conspiracy to HarborAliens Title 8 UsC Sections t324(a)(l)(AXiii) and I324(a)(1)(AXv)(I)
The Orand Jury furthercharges that
I03 Paragraphs 1-16and 18-I02 are re-alleged and hereby incorporated by referenceas if
fully set forth herein
104 From at least as early as January2004 the exact date to the Grand Jury unknown
through at least December31 2011 in the Northern District of Ohio Western Division and
elsewhere the DefendantsTAREK ELKAFRAWI KELLY ELKAFRAWI AU11JMN LEE
TANGAS MK JOSE LEONmiddotGONZALEZ aka Jose Leon aka Jose Vargas aka Juan Vargas
aka Edwin MartelTAREK ElD OMAR CARLOS GAMBOA KHALED YOUSEF RAMIZ
AWWAD aka Ray JAMIL MOHAMMAD AWWAD KHALIL ABOUDAKKA MAHMOUD
ALI MOHAMED HASSANDONNAJ HARRIOIT LUCKY WILLIAMS and CESAR
AVILA did knowingly and intentionally combine conspire and confederate with each other and
with others known and unknown to the Grand Jury to conceal harbor and shield from detection
one or more aliens namely FJV-PJOSE LEON-GONZALEZ aka lose Leon aka Jose Vargas
aka Juan Vargas aka Edwin Martel MT-C C V V-A S L CESAR AVILA CARLOS
GAMBOAE M A M A G F G J LNU J LNU and approximately two hundred other
aliens known to the Grand Jury In several buildings including but not limited to the Perrysburg
PAGE 12 5WTOL NEWSOS232012 1144 4192447104
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27
Findlay Lima Airport Highway Central Talmadge and Evansville JHOPs as wellas 801 Hiltop
and 4020 RoyerRoad in ToledoOhio knowingand in recklessdisregard of the fact that the
aUen(s) had cometo entered and-remained in the United States In violation of law
A) 11 waspart of the conspiracy that the managers of (HOP restaurants
would hire undocumented aliens to workat the mops after clearingthe
hires with MK or TAREKELKAFRAWI
B) It was further part ofthe conspiracy that undocumented aliens would be
paid in cashuntil theyobtained fraudulent immigration and workdocuments
C) It was funher part of the conspiracy that co-conspirators sometimes would
assist the aliensin finding lodging and in cashing checksat the mop
or bankinginstitutions
D) It was further part oCthe conspiracy that undocumented aliens often would
be paid usinga fake name Or check name
E) It was further part of the conspiracy that the undocumented aliens sometimes
would be transported to other HOP restawant locations to work
F) It was further part ofthe conspiracy that co-conspirators sometimes would
assign to the undocumented aliens the socialsecurity numbers and personal identifierS of
former employees to shield the illegalworkers from discovery
All in violation of Title 8 United States Code Sections 1324(a)(l)(A)(iii) and
1324(a)(1 )(A)(v)(I)~
PAGE 13 5WTOL NEWSOS232012 1144 4192447104
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28
WVNTS3~7
(Mail Fraud Title 18USCbull Section 1341)
The Grand Jury furthercharges that
t OS The allegatiens contained in paragraphs Imiddot16 and 18middot02 of this Indictment are reo
allegedand hereby incorporated by referenceas if fully set forth herein
106 From on or about August 192003 to the dateof this Indictment in the Northern
District or OhioWestern Division and elsewhere TAREK ELKAFRAWI AUTUMNLEE
TANGAS andMK (not charged in this Indictment) devisedand intended to devise a scheme
and artifice to defraud IHOPCorporateand to obtain money and property by meansof materially
false and fraudulent pretensesrepresentations and promises
MANNER AND MEANS
107It waspart of the scheme that TAREK ELKAFRAWI through the use of the
MICROS system knew that sales were obtainedby IHOP Corporate on 8 weeklybasis through an
automatic remote uploading ofdata TAREK ELKAFRAWI knew that IHOP Corporateused the
weeklynet sales figures to determine the weeklyroyalty and rent amount owed byeach franchise
likewisehe knewthat IHOPCorporatedid not examine the weekly deductions from grosssales
that resulted in the net sales figures
108 In fact prior to 2004 TAREK ELKAFRAWI receivedregular IHOP Corporate
reviewsof the operating expensesand balancesheets that showed the costs deducted from gross
sales reflected in net sales After AUlUMN LEETANGAS became FBC in 2004 such thorough
PAGE 14 5WTOL NEWSOS232012 1144 4192447104
Case 312-Cf-00262-DAK Doc 1 Filed 0522112 29 of 65 PagelD 29
29
reviews ceased entirely TAREKELKAFRAWI thereafter devised various schemesto
manipulate the MICROS system in order to create lower-than actual weekly net sales
109Onesuch schemewas to simply tum the MICROS system otT so sales werenot
recorded
110Additionally TAREK ELKAFRAWI instructed his lHOP managers to voidsales
entirelyor to givesignificant discounts to tickets after the ticket had been paid for by thecustomer
and closed
11 J Othercosts chargedagainst grosssales includedunit promotions contests
maintenance andpayouts for whichno documentation was provided In fact these were cash
distributions toTAREK ELKAFRAWI and other employees representingunreported income
112TAREK ELKAFRAWI also woulddeposit rebatecheeks from vendors into the
CentrallHOP account however he would direct his accountants to reflect the deposit as a loan
from officer rather than as incomefrom a rebate This fraudulent representation created an
additional debt on the balance sheet of Central JHOP thus giving the appearancethat the
restaurantwas encumbered with debt and operating expenses and not profitable
1t3 Asa result of these schemes TAREK ELKAFRAWI created the appearance through
his weeklysalesfigures that the CentrallHOP store wasseverely underperforming
114 SInce 2007 TAREK ELKAFRAWI with the help of AUruMN LEETANGAS
applied for rentand royalty reliefpayments from IHOPCorporate Based on the fraudulent
weeklynet sales reports and the annual recommendation of AUlUMN LEE TANOASTAREK
ELKAFRAWIreceived approximately $2300 a week in rentas well as royaltyrelief from HOP
Corporate to which he otherwisewJ not entitled
OS232012 1144 4192447104 WTOL NEWS PAGE 15 5
Case 312-cr-00262-DAK Doc 1 Filed 052212 30 of 65 pagelD 30
30
116 ThesereHefpayments werememorialized in annualcontractsamending the franchise
agreement for eachyear to retlect the newrelief payment agreement Thesecontracts were mailed
from mop Corporate headquarters in Glendale California to Toledo Ohio after the FBCand
RD memos were submitted and approved
117 Onor abouteach of the dates set forth below in the Northern District of Ohio
Western Division and elsewhere for the purpose of executing and attempting to execute the
abovedescribed scheme and artifice 10defraud DefendantsTAREK ELKAFRAWI and
AUTUMNLEE TANOAS knowingly caused to be placed into any post office or authorized
depository for mail matterany matteror thingto be sentand deliveredby the US Postal Service
and caused to be deposited any matterto be sent or delivered by privateand commercial interstate
carrier the following matterfrom Glendale California to Toledo Ohioeach mailing constituting
a separate count
COVNT3
~ SENDER MAJLMATIER
September 24 2007 IHOP Corporate mailing of Amended ReliefContract
COUNL4
June5 2008 IHOPCorporate mailing ofAmended ReliefContract
COUNTS
August 172009 lHOP Corporate mailing of Amended Relief Contract
CQUNT6
May 25 20)0 IHOP Corporate mailing of Amended Relief Contract
OS232012 1149 4192447104 WTOL NEWS PAGE 0115
Case 312-cr-00262-DAK Doc 1 Filed 052212 31 of 65 PagelD 31
31
COuNT 7
May 162011 IHOPCorporate mailing of Amended Relief Contract
All in violation ofTitle l8 United States Code Section 1341
COUNTS
(Health Care FraudTitle 18 USC Sections 1347and 2)
The Grand Jury further charges that
118The allegations contained in 1-16and 18-102of this Indictment are re-allegedand
herebyincorporated byreferenceas if fullyset forth herein
119Using the methodsdescribed in Paragraphs 60-78 TAREK ELKAFRAWr and
others known to the Orand Jury submitted fraudulent reports to BWe resulting in BWe
undercbarging the Airport Highway IHOP
120 From on or about June 4 2004 to the date of this Indictment in the NorthernDistrict
of Ohio Western Division and elsewhere TAREK ELKAFRAWI and others known to the
Orand Jury having devised and intendingto devise B scheme and artifice to defraud the Ohio
Bureauof Workers Compensation (BWe) a healthcare benefit program as defined in Title 18
United States CodeSection24(b) of money by means ofmateriaJly false representations and
promises that was and is in connectionwith the paymentfor health care benefits items IUId
services did knowingly and willfully execute the aforesaid scheme
In violation of Title 18 UnitedStates Code Sections 1347and 2
PAGE 0215WTOL NEWSOS232012 1149 4192447104
Case 312-cr-00262-DAK Doc 1 Filed 052212 32 of 65 PagelD 32
32
COLlNT9
(Health Care FraudTitle 18 USC Sections 1347and 2)
The Orand Jury further charges that
121 The allegations contained in paragraphs )-16 and 18102 of this Indictmentare reo
alleged and herebyincorporatedby reference as if fully set forth herein
122 Using the methodsdescribed in Paragraphs60-78 TAREK ELKAFRAWI and
others known to the Orand Jury submitted fraudulent reports to Bureau of Workers Compensation
(BWC)resulting in BWe undercharging theTalmadge IHOP
123 From on or about June 4 2004 to the date of this Indictment in the Northem District
ofOhio Western Divisionand elsewhere TAREK ELKAFRAWI and others known to the
Grand Jury having devised and intendingto devisea scheme and artifice to defraud the Ohio
awe a health carebenefit program as defined in Title )8 t United States CodeSection 24(b) of
moneyby means of materially false representations and promises that was and is in connection
with the paymentfor health care benefits hems and services did knowinglyand willfullyexecute
theaforesaid scheme
In violation of Title 18 UnitedStatesCode Sections 1347 and 2
CQUNTlll
(Health Care FraudTitle 18USC Sections 1347and 2)
The Orand Jury further charges that
124 Theallegations contained in paragraphs 1-16 and 18-102 of this Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
PAGE 0315WTOL NEWSOS232012 1149 4192447HI4
Case 312-cr-00262-DAK Doc 1 Filed 0522112 33 of 65 PagelD 33
33
125 Using themethods described in Paragraphs 60-78 TAREK ELKAFRAWI and
others known to the OrandJury submitted fraudulent reports to BWC resulting in BWC
undercharging the Lima IHOP
126 From on or about August 31 2007 through the date of this Indictment in the
Northern District of Ohio Western Divisionand elsewhereTAREK BLKAFRAWIand others
known to the GrandJury havingdevisedand intendingto devise a scheme and artifice to defraud
the Ohio Bureau of Workers Compensation (BWe) a health care benefit program as defined in
Title 18 United StatesCode Section24(b) of money by means of materially false
representations and promises that wasand is in connection with the payment for health care
benefits items and services did knowingly and willfullyexecute the aforesaid scheme
In violationof Title 18UnitedStates Code Sections 1347and 2
COUNT 11
(Health Care Fraud Title 18 USC Sections 1347and 2)
The Grand Jury furtherchargesthat
127The allegations contained in paragraphs 1-16and 18-102of this Indictment are reshy
allegedand herebyincorporated by reference as if fully set forth herein
128 Using the methods described in Paragraphs60-78 TAREK ELKAFRAWI and
others known to the OrandJury submitted fraudulent reports to Bwe resulting in awe
undercharging the Findlay IHOP
129 From on or aboutMay 102004 through the date of this Indictment in the Northern
Districtof Ohio Western Division and elsewhere TAREK ELKAFRAWI and others knownto
theGrand Jury havingdevised and intending to devise a scheme and artifice to defraud the Ohio
Bureau of WorkersCompensation (BWe) a health care benefit program as defined in Title 18
4) lL44Hl4 WIUL NIW~
Case 312-cr-00262-DAK Doc 1 Filed 052212 34 of 65 PagelD 34
34
United StatesCode Section 24(b) of moneyby meansof materially false representations and
promises that wasand is in connection with the payment for healthcare benefits items and
services did knowingly and willfully execute the aforesaidscheme
In violation of Title 18 United States Code Sections 1347and 2
CoUNT12
(Health Care Fraud Title 18USC Sections 1347and 2)
The Orand Jut)I further charges that
130 The allegations contained in paragraphs Imiddot] 6 and 18-]02 of this Indictmentare reshy
alleged and hereby incorporated by reference as iffulJy set forth herein
13 l Usingthe methods described in Paragraphs 60-78 TAREK ELKAFRAWI and
others knownto the Orand Jury submitted fraudulent reports to BWe resulting in awe
undercharging the Central IHOP
132 From onor about February 28 2005 through the date of this Indictment in the
Northern Districtof Ohio Westem Division and elsewhere TAREKELKAFRAWI and others
known to the Grand Juryhavingdevisedand intending to devisea scheme and artifice to defraud
the Ohio Bureau of Workers Compensation (BWC) a health care benefitprogram as defined in
Title 18 United States CodeSection24(b) of money by means ofmaterially false
representations and promises that was and Is in connection with the paymentfor health care
benefits items and services did knowingly and willfully executethe aforesaid scheme
In vioJation of Title 18 United States Code Sections 1347and 2
41 I~4411~4 WIUL N~W~
Case 312middotcr-00262middotDAK Doc 1 Filed 052212 35 of 65 pagelO 35
3S
COUNT 13
(HealthCare Fraud Title 18 USC Sections 1347 and 2)
The Grand Jury furtherchargesthat
133The allegationscontained in paragraphs 1middot16 and 18middot102 of this Indictment are reshy
alleged and herebyincorporated by reference 8$ if fullyset forth herein
134 Using the methodsdescribed in Paragraphs 6Q78 TAREK ELKAFRAWI and
others known to the GrandJury submitted fraudulent reports to awc resulting in awe
undercharging the Perrysburg JHOP
135 From on or about August 30 2005 through the date ofthis Indictment in the
Northern District of Ohio Western Division and elsewhere TAREK ELKAFRAWI and others
known to the GrandJury having devised and intending to devise a scheme and artifice to defraud
the Ohio Bureauof WorkersCompensation(BWC) a health care benefit program as defined in
Title 18 United States Code Section 24(b) of money by means of materially false
representations and promises that was and is in cenneetlon with the payment for health care
benefits items and services did knowinglyand willfullyexecute the aforesaid scheme
In violationofTitle 18United StatesCode Sections 1347 and 2
COUNTS 14-17
(Mail Fraud Title 18 USC Section J341)
The Grand Jury furthercharges that
136 The allegations containedin paragraphs 1-16 and 18middot102 of this Indictmentare reshy
alleged and hereby incorporatedby referenceas if fully set forth herein
131 Fromon or about January 30 20ll through on or about April 10201 I in the
Northern District of Ohio Western Division and elsewhere Defendants TAREK ELKAFRAWI
PAGE 061lbWIDe NEWS~b1L32012 1149
Case 312-cr-00262-DAK Doc 1 Filed 052212 36 of 65 PagelD 36
36
and TAREK EIDOMARdevised and intended to devisea scheme and artifice to deframiddotud and to
obtain moneyfrom THOP Corporate by meansof materially false and fraudulent pretenses
representations and promises
MANNER AND MEANS
(t was part of the schemeand artifice that
]38 Using the methods described in Paragraphs 46-54 and 71-78 TAREK ELKAFRAWI
and TAREK EIDOMARmanipulated the SABLE Pointof Sale system to fraudulently report
debits and charges in order to hide the removal of cashdirectly from the Evansville IHOP
TAREK EID OMARat the direction of TAREKELKAFRAWI would then producea fraudulent
PampL report and mail it using the United States PostalService to provide that report to
Management Services in Wichita Falls Texas
139 Onor about each ofthe dates set forth below in the Northern District of Ohio
Western Division andelsewhere for the purpose ofexecutingand attempting to executethe
above described scheme and artifice to defraudTAREK ELKAFRAWI and TAREK EID OMAR
knowingly caused to be placed into any post office or authorized depository for mail matterany
matteror thingto besent and delivered by the US Postal Services and caused to be deposited any
matter to be sent or delivered by privateand commercial interstatecarrier the following matter
from Toledo Ohioand Evansville Indianato WichitaFallsTexas each mailingconstituting a
separate count
COUNT 14
Mm SENDER MAIL MAUER
January 302011 TAREK EID OMAR PampL report
OS232012 1149 419~447104 WTOL NEWS PAGE 0715
Case 312-cr-00262-0AK Doc 1 Filed 0522112 37 of 65 PagelD 37
37
COUNT 15
February14 2011 TAREK BID OMAR PampL report
COUNT 16
March 28 20II TAREKEID OMAR PampL report
COUNT 17
April 102011 TAREK EJD OMAR PampL report
All in violation ofTitle 18UnitedStates Code Sections 341 and 2
COUNT 18
(Use of Fire to Commit a Felony Title 18 USC Sections 844(h) and 2)
TheGrand Jury further charges that
140The allegations contained in paragraphs 1-16 and 18-102 ofthis Indictmentarc reshy
alleged and hereby incorporatedby reference as if fully set forth herein
141On or about August 10 and II 2008 [n the Northern Districtof Ohio Westem
DivisionTAREK ELKAFRAWI and JOSE LEON-GONZALEZ knowingly used fire to commit
Mail Fraud a felony prosecutable in a court of the United States
In violation ofTitle 18 United States Code Sections 844(h) and 2
COUNTl2
(Malicious Use of Fire Title 18 USC Sections 844(i) and 2)
The Grand Jury further charges that
142 The allegations contained in paragraphs 1-16and 18-102 ofthls Indictmentare reo
alleged and hereby incorporated by reference as if fully set forth herein
WTOL NEWS PAGE 0815OS232012 1149 4192447104
Case 312-cr-00262-DAK Doc 1 Filed 052212 38 of 65 PagelD 38
38
143 On or about August 10and II 2008 in the Northern District of Ohio Western
Division TAREK ELKAFRAWIand JOSE LEON-GONZALEZ maliciously damaged bymeans
of fire and explosivematerialsa buildinglocated at 7777 Countymiddot Road 136 Findlay Ohio used
in interstatecommerce
In violation of Title 18 UnitedStates Code Sections 844(i) and 2
coUNtS 0-28
(Mail FraudTitle] 8 USCSection 1341)
The Grand Jury furthercharges that
144 The allegations containedin paragraphs 1-16and I8-102 of this lndictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
145 Fromapproximately the month of July 2008 the exact date unknownto the Grand
Jury through On or about October 27 2009 in the Northern District of Ohio Western Division
and elsewhereTAREK ELKAFRAWI devisedand intended to devise 8 scheme and artifice to
defraudFarmers InsW1J1ce Group and to obtain moneyand property by meansof false and
fraudulent pretenses representations and promises
146 It was part of the schemeand artificeto defraud that TAREK ELKAFRAWI would
submit traudulent invoices to FarmersInsuranceGroup under PolicyNumber 602926772 for
work that was not performed or performed at a lower invoice
147It was a furtherpart of the scheme and artifice that TAREK ELKAFRAWI submitted
claims forpayroll costs that were completely illusorybecause the requested claimswere for
periods the restaurant was closed and had no employees
~~~J2012 1149 4192447104
Case 312-cr-00262-DAK Doc
WIDe NEWS PAGE 091~
1 Filed 052212 39 of 65 PagelD 39
39
148 It was a furtherpart of the sc erne and artifice that all checks were sent directly to
TAREKELKAFRAWI at the Terry Elk G~OUP not the Findlay lHOP
149On or about each of the dates bet forth below in the Northern District of Ohio
Western Division and elsewhere for the Jurpose of executing and attempting to execute the
above described scheme and artifice to delud TAREK ELKAFRAWI knowinglycaused to be
placed into any post office or authorized dlpository for mail matterany matter or thing to be sentI
and dellvered by the US Postal Service Jd caused to be deposited any matter to be sent or
delivered by private and commercial inters~te carrier the following matter from the state of
Illinois to Toledo Ohio each mailingcon~itUting a separate count
October 17 2008
October22 2008
January 262009
October21 2009
September22 2008
January 26 2009
SENDER
Fanners Insurance
Farmers Insurance
Farmers Insurance
Farmers Insurance
FarmersInsurance
Farmers Inswance
CO 20
M61LMAmR
$S5947S 1check to Terry Elk Group
21
I $45581367 check to Terry Elk Group
~ I $24444302 check to Terry Elk Group
~ I $2262384 check to Terry Elk Group
bOUNTM
I $2500000 check to Terry Elk Croup
~ $15684795 check to Terry Elk Group
PAGE 1015WTOL NEWS05232012 1149 4192447104
Case 312-cr-00262-DAK Doc 1 Filed 05122112 40 of 65 pagelD 40
40
COUNT 26
October ~ I 2009 Farmers Insurance $4285205 check to Terry Elk Group
COUNT 27
February 172009 Farmers Insurance $20867200check to Terry Elk Group
COUNT 21
October 27 2009 FarmersInsurance $15226400 check to Terry Elk Group
All in violationofTitle 18 United States Code Section 1341
COUNT 29
(Aggravated IdentityTheft Title 18 USC Section 1028A and 2)
The OrandJury furthercharges that
ISO The allegations contained in paragraphs 1-16and 18~102 of this Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
J51 Onorabout October9 2007 in the Northem District of9hlo Western Division
TAREK ELKAFRAWI did knowinglyuse without lawftllauthority a means of identification of
another personduring and in relation to the commission ofWire Fraud a violation ofride 18
United States Code Section 1343
In violation of Title 18 United States Code Sections I028A(a)(1) and 2
CQVNT30
(Aggravated Identity Theft T~tle is USC Section l028A and 2)
The Grand Jury further charges that
152 The allegations eontained in paragraphs 1-16 and 18-102 of this Indictment are reshy
alleged and hereby incorporated by reference as if fully set forth herein
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41
153 On or about May 192008 in the Northern District of Ohio Western Division
TAREK ELKAFRAWIdid knowingly use without lawfulauthoritya means of identification of
another personduringand in relation to the commission of Wire Fraud a violation ofTitle 1g
United StatesCodeSection I~43
In violation of TitJe J8 UnitedStates Code Sections 1028A(a)(I) and 2
COUNT31
(Aggravated IdentityTheftTitle 18USC Section J028A and 2)
The Orand Jury furthercharges that
154 The allegations contained in paragraphs 1-l6- and 18middot102 of this Indictment are reshy
alleged and herebyincorporated by reference as if fully set forth herein
155 On or aboutJuly 132Q09 in the Northern District of Ohio Western Division
TAREK ELKAFRAWIj did knowingly use without lawfuJ authority a means of identification of
another personduring and in relation to the commission of Wire Fraud a violation of Title 18
United StatesCodeSection 1343
In violationofTitle 18 United States Code Sections 1028A(aXl) and 2
COlNT32
(Aggravated IdentityTheft Title 18USC Sectlon J028A and 2)
The Grand Jury furthercharges that
J56 Theallegations contained in paragraphs1-16and 184 J02 of this Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
157On or about May3l 2009 in theNorthern Districtof Ohio Western Division
TAREK ELKAFRAWI did knOWingly use without lawful authoritya means of identification of
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42
another person during and in relation to the commission of Wire Fraud a violation of Title 18
United States Code Section 1343
In violation ofTitle 18 United States Code Sections 1028A(a)(I) and 2
COUNT 33
(Aggravated Identity Theft Title 18 UsC Section l028A and 2)
The GrandJury further charges that
138 The allegationscontainedin paragraphs 1-16 and 18-]02 of this Indictment are reshy
alleged and herebyincorporated by reference as if fullyset forth herein
159 On or about October 22008 in the Northern District of Ohio Westem Division
TAREK ELKAFRAWI did knowingly use without lawfulauthority a means of identification of
another personduring and in relation to the commission of Wire Fraud a violationof Title 18
United States Code Section 1343
In violationof TItle ]8 United States Code Sections 1028A(a)(I) and 2
CQVNT34 (Aggravated IdentityTheft Title 18 USC Section 1028A and 2)
The Grand Jury furtherchargesthat
160 The allegationscontained in paragraphs 1-16and 18-102ofthis Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
16t Onor about January27 2008 in the Northern District of Ohio WesternDivision
TAREK ELKAFRAWI did knowinglyuse without lawfulauthority a means of identification of
anotherpersonduringand in relation to the commissionofWire Fraud a violation ofTitJe 18
United States Code Section 1343
In violation of Title 18United States Code Sections l028A(a)(1) and 2
I I
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COUNT 35 (AggravatedIdentityTheft Title 18USC Section 1028A and 2)
The Grand Jury further charges that
162The allegations contained in paragraphs I-16 and 18-102 of this Indictment are reshy
alleged and herebyincorporated by reference as jf fully set forth herein
163On or about March 72009 in the NorthernDistrict of Ohio Western Division
TAREK ELKAFRAWI and KHALED YOUSEF did knowinglyuse without lawful authority a
means of identification of another personduringand in relation to the commission of Wire Fraud
a violation of Title 18 United States Code Section 1343
In violationof Title 18 United States Code Sections 1028A(a)(1)and 2
COUNT 36
(Aggravated IdentityTheft Title 18 USC Section 1028Aand 2)
The GrandJury further charges that
164 The allegations contained in paragraphs 1-16 and 18-102 of this Indictmentare reshy
allegedand hereby incorporated byreferenceas if fully set forth herein
16S On or about March tS 2009 in the Northern District of Ohio Western Division
TAREK ELKAFRAWI and KHALED YOUSEF did knowinglyuse without lawful authority a
means of identification of another person duringand in relation to the commission of WireFraud
a violation of Title 18United States Code Section 1343
In violation ofTitle 18United States Code Sections l028A(a)(1) and 2
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COUNT 37
(Aggravated Identity The~ Title 18 USC Section l028A and 2)
The GrandJury further charges that
166 Theallegations contained in paragraphs 1-16 and 18-] 02 of this Indictment are reshy
alleged and hereby incorporated byreference as if fully set forth herein
167 On or aboutJuly 21 2009 in the Northern District of Ohio Western Division
TAREK ELKAfRAWI and RAMIZAWWAO did knowingly use without lawful authority a
means of identification of anotherperson duringand in relation to the commission of WireFraud
a violation of Title 18United States Code Section 1343
In violation ofTitle 18 UnitedStates Code Sections l028A(a)(1) and 2
cOUNT38
(Aggravated Identity TheftTitle 18 USC Section 1028A and 2)
The Grand Juryfurthercharges that
168Theallegations contained in paragraphs 1-16 and t8-102 of this Indictment are reshy
alleged and hereby incorporated by reference 8S if fully set forth herein
169 On or about July 132009 in the NorthernDistrict ofOhio WesternDivision
TAREK ELKAFRAWIand IAMIL MOHAMMED AWWAD did knowingly use withoutlawful
authority a meansof identification of another person during and in relation to the commission of
Wire Fraud a violation ofTitle 18 United States Code Section 1343
In violation of Title 18 United States CodeSections l028A(a)(1) and 2
11 4l 41 l~44 IUl4 WIUL NIWl
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COUNT 39
(Identity Theftt Title 18 USC Sections 1028 and 2)
The Grand Jury further charges that
170 The allegationscontained in paragraphs 1-16 and 18-102 of this Indictment are reshy
alleged and hereby incorporated by reference as if fully set forth herein
171 On or about December132010 in the Northern District orOhio Western Division
TAREKELKAFRAWI and DONNA J HARRIOTTt did knowingly use in or affectinginterstate
or foreigncommerce without lawful authority a means of identification ofanother person to wit
s social securitynumber and date of birth with the intent to commit or to aid or abet or in
connectionwith any unlawful activitythat constitutes Wire Fraud 8 violation of 18USC
sect1343 and the offense involved the useof an authentication feature that is or appears to be an
identification document or authentication feature issued by Or under the authority of the United
States
All in violation ofTitle 1St United States Code Sections 1028(a)() (b)(l )(A)(l) and (f)
and 2
COUNI40
(Identity Theft Title 18USCbull Sections 1028and 2)
TheGrand Juryfurther chargesthat
172The allegationscontained in paragraphs 1-16 and J8middot102 of this Indictment are reo
allegedand hereby incorporated by referenceas if fully set forth herein
173On or about May42010 in the Northern District ofOhio Western Division
TAREK ELKAFRAWI and SARA RINEBOLT did knowingly use in or affecting interstate or
Case 312-cr-00262-DAK Doc 1 Filed 052212 5 of 65 PagelD ~ 5
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the district manager for the ftanchises and hired KM (not charged in this indictment) to serve as
area manager
12Between on or about December29 2004 and on or about December 20 2006
TAREK ELKAFRAWI MK and KM purchased togetherand with others both knownand
unknownto the OrandJury the following IHOP franchises in and around the Toledo Ohioarea
6920 West Central Avenue Toledo Ohio (hereinafter Central) 10151 Fremont Pike
Perrysburg Ohio (hereinafter Perrysburg) and 3289 Elida Road Lima Ohio (hereinafter
13 On or aboutNovember7 2001 TAREKELKAFRAWI sold his interest in the
Decatur Illinois mop Thus for the relevant time period covered in this Indictment TAREK
ELKAFRAWI MK KM AUTUMN LEETANOAS and others known to the Grand Jury
owned in wholeOr in Part operated together and benefitted financiaJly from the roHowing
IHOPfranchises Evansville Talmadge Airport Highway FindlayCentral Perrysburg and
Lima
14Starting from the time TAREK ELKAFRAWI operated onlythe Evansville and
Decatur IHOPs through the present TARBK ELKAFRAWI MK KM and AUTUMN LEE
TANGASthroughtheir operationcontroland oversightofthe franchises used various frauds
schemes and criminal activities to fraudulently manipulate sales figures salaries and pa)TOll
and losses in an attempt to evade taxes avoidpaying royalties and other financial obligations
and to unjustJy and illegally divert money from the [HOP franchises to themselves
15 Through the manipulation of the MICROS system the hiring and harboringof illegal
aliens the aggravated theft and use of identification documents and the unauthorized remittance
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of checks TAREK ELKAFRAWI conspired together with MKbull and with others both known
and unknownto the Grand Jury to harbor aliens and commit identity theft in furtherance of and
in support of maiJ and wire fraud schemes as detailed below
The Grand Jury charges
COUNT 1
(Money Laundering Title 18 USC Section 19S6(hraquo
16 The infonnation contained in the General Allegationsparagraphs 1-15above is
incorporatedby reference herein
17 Fromon or about August 192003 to the date of this indictment in the Nonhero
Districtcf Ohio WesternDivision and elsewhere the Defendants TAREK ELKAFRAWJ
TAREK EID OMAR KELLYELKAFRAWI and AUTUMN LEE TANGAS did knowingly
and intentionallycombineconspire and agree with each other and with other persons both
knownand unknown to the GrandJury to commitoffenses against the United States in violation
of Title 18 UnitedStates Code Section 19S6(h) to wit
(a) to knowingly conduct and attempt to conduct a financial transaction affecting
interstateand foreign commerce which involved the proceeds of a specified unlawfulactivity
that is Alien Harboring a violationofTitle 8 UnitedStates Code sect 1324 with the intent to
promote the carrying on of specified unlawful activity that is MaiJ Fraud and Wire Fraud
violations of Title 18 United StatesCode sectsect 1341 and 1343 respectivelyand that while
conductingand attemptingto conductsuch financial transaction knew that the property involved
in the financial transaction representedthe proceedsof some form ofunlawful activity in
violation ofTide 18United States Code Section 1956(aX l)(A)(i) and
Case 312-crmiddot00262-DAK Doc 1 Filed 052212 7 of 65 PagelD 7 ~
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(b) to knowingly conduct and attempt to conduct a financial transactionaffecting
interstateand foreign commerce whichinvolved the proceeds of a specified unlawful activity
that is Mai I Fraudpursuant to 18 UsC sect1341 with the intent to engage in conductconstituting
a violation of26 USC sect 7201 to wit evasion ofpaymentof taxes and that while conducting
and attemptingto conduct such financial transactionknew that the property involvedin the
financial transaction represented the proceedsof some form of unlawful activity in violalion of
Title 18~ United States Code Section 19S6(a)(1)(A)(ii)i and
(c) to knowingly conduct and attempt to conduct financial transactionsaffectinginterstate
commerceand foreign commercewhichtransactions involved the proceeds of Ii specified
unlawful activitythat is Mail Fraud pursuant to 18 USC sect1341 knowingthat the transactions
were designedin whole or In part to concealand disguise the nature Iocanon source ownership
andcontrol of the proceeds of said specifiedunlawful activity and that while conductingand
attemptingto conduct such financial transactions knew that the property involved in the fm811cial
transactionsrepresentedthe proceedsof some fonn of unlawful Beth-it) in violationof Title 18
UnitedStates Code Section 1956(a)(I)(8)(i) and
(d) to transport transmit W1d transfer and attempt to transport transmit and transfera
monetary instrument or funds involvingthe proceedsofa specified unlawful activity that is Wire
Fraud pursuantto 18 USC sect 1343~ from a place in the United States to or through a place
outside the United Statesknowing that the funds Involved in the transportation transmission
and transferrepresented the proceedsof some fonn of unlawful activity and knowing that such
transportation transmission and transfer was designed in whole Or in part to conceal and
disguise the nature locationsource ownershipand control of the proceeds of said specified
l13tLlpZ5tlSM3N lOlM9tL13 397d
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unlawful activjry in violation of Title 18 United States Cyene Section 956(a)(2)(B)(i)
MANNER AND MEANS OF THEICONSPlRACY
18The mannerand means used to accomplish the bjectives of the conspiracy included
among others the folJowing
Koowiag Emplo)meat of U1eFaJ Aliens
19 From approximately December 18 2003 to the ~~te of this indictment the
Defendants TAREK ELKAFRAWITAREK BID OMARKELLY ELKAFRAWI and
AUTUMNLEE TANGASemployed over 200 illegal alieqs to workat the seven identifiedI
IHOP restaurants At the directionofTAREKELKAFRAWI and others known to the Orand i
Jury most of these aliens used fraudulent or stolen identificrtions while working at theseven
IHOP restaurants
20 Inorder to locateand recruit these illegal aliensIfAREK ELKAFRAWIand MK
employed several individualsknown to the Orand Jury inclyenSing but not limited to CARLOS I
GAMBOA JOSE LEON-GONZALEZ aka Jose Leon aka fose Vargas aka Juan Vargas aka
Edwin Martel FV-P and SL (not charged in this indictme~t) to recruit Illegal aliensto work at
IHOP and to IU1BJ1ge for theirarrival at one of the seven id~tified IHOP restaurants I
21 When an iHega] alien arrivedas an employee thelmanagerof the HOP at the I
directionof TAREK ELKAFRAWI MK or KM would nter the alien into the MICROS
system usingeithera fraudulent identification or II name alreadyin the systemi
22 If the illegal alien had falsepaperwork or dceumentatlon the manager would accept it I
without verifying its legitimacy conversely if the illegal aliep did not have documentation
TAREK ELKAFRAWI MK or KM would arrange for C~RLOS GAMBOA JOSE LEONshyI
Case 312-cr-00262~DAK Doc 1 F=i1ed 0522112 9 of 65 PagelO 9
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GONZALEZ FV-P 0[ others known to the Grand Jury to obtain frCudulent documcntation for
the illegal alien
23 Additionally to further the scheme to harbor and conceal the identity of the illegal
aliens TAREK ELKAFRAWIand MK would individually and personallydirect managers and
others known to the Grand Jury to cash the payroll checks of illegal aliens
24 TAREKELKAFRAWl and MK also would cash payrollcheckscfallens against
their personalbank accounts in order to help conceal the presence of illegalaliens Likewise
TAREK BLKAFRAWI authorized managers to cash payroll checks at the restaurants for illegal
alienemployees
25 It was COmmon practicefor TAREK ELKAFRAWI MK KMbulland TAREK EID
OMAR to assign multiple identities to employees for the purpose of employeesavoiding taxes or
receiving govenunentbenefits as well as to avoidpaying employees overtime wages
26 As a result of hiringand harboring illegal aliens TAREK ELKAFRAWI and MK
wereable 10 manipulate the wages of employeesreported to the Internal RevenueService for
purposes ofundelTeporting theirpayroll tax liability
27 Further by employingandharboring iJ legal aliens TAREK ELKAFRAWI and MK
manipulated Form94 reports to theBureau of WorkersCompensation for the State of Ohio
(hereinafteraWe) thus drastically reducing the franchises bi-annual payments to the state
agency
28 Further by employing and harboring illegal aliens TAREK ELKAFRAWI and MK
wereable to underpay manipulateand minimize the amount of money they actually paid to the
illegal aliens knowing the aliens would not complain or report them to law enforcement
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Understating Income
29 The schemes described in Paragraphs 19 through 28 further allowed TAREK
ELKAFRAWI MK K M and TAREKEID OMARto createan environment ill which the
managers were expected to manipulate the Pointof Sale systems to reduce the weekly netsales
figures
30 ByartificiallY deflating the net sales figures TAREK ELKAFRAWI and coshy
conspirators defrauded IHOP Corporateby paying a smalleramount of rent and royaJties to
JHOP Corporate than was actually owed furthermore the franchises qualified for rebates and
relief assistance payments from IHOP Corporate for which theyotherwisewould not have been
eligible
31 Asa resultof the underreporting of incomeandmanipulation of wages resulting from
the hiring andharboring of illegal aliensTAREKELKAFRAWl and MK as owners and
operators of the seven identified IHOP restaurants aidedand abetted by KM and AUWMN
LEETANOAS generated over$12 million in unreported income
32 Toconceal the existence of unreported income andto promote the continuance of the
schemefacilitated by the alien harboring TAREKELKAFRAWI and MKengaged in a
continuing courseof wirefraud by electronically transferring assets and fundsto credit cards in
the names of the mop franchises to a shellcorporation that is the TerryElk Groupto other
cornmerclal investments to bank accounts opened in the names of false fraudulent and stolen
identities to foreign and domestic properties and to foreign bank accounts
ColJusion with the FBC
33 In order to conceal the nature of the wire fraud TAREKELKAFRAWI MK and
srat 391d SM3N lOLM
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KM enlisted AUTUMN LEE TANGAS the FBe for the regionto minimize the likelihood that
IHOP Corporate would question the weekly net sales figures underreported bythe seven
IdentifiedJHOP restaurants
34 Specifically in December2003TAREK ELKAFRAWI enteredinto an agreement
with AUTUMN LEETANGAS in which AUTUMN LEETANOAS friend LR (not charged
in this indictment) would receive health benefits and paychecks in return for AUTUMN LEE
TANGAS making an undocumented investment in the FindlayIHOP
35 Prior to the December 182003 purchase of the Findlay IHOP byTAREK
ELKAFRAWI AUTUMN LEETANOAS had informed TAREK ELKAFRAWIthat IHOP
Corporateneededto find a suitable purchaser for the Findlay poundHOP AUTUMN LEE TANOAS
knew that TAREK ELKAFRAWI did not have the financial ability to purchase the franchise at
that time hut that she herself did However AUTUMN LEETANGAS knew that because of
her position 8$ FBC she was precludedby IHOP Corporate from investing in any franchise
36 Inreturn for providingTAREK ELKAFRAWI$50000 to purchase the Findlay
IHOP AUTUMN LEETANGAS friend LRwas listed as minority owner of the Airport
Highway mop and receivedweekly paychecks andhealth benefits from that corporation despite
the fact that she never worked as an employee there
37 On or about December6 2004 AUTUMN LEE TANGAS deposited a $5000 check
drawn on the Airport HighwayIHOP account(and signedby TAREK ELKAFRAWI) into her
bank accountas a partial return on her sub rgainvestment in the Findlay IHOP
38 On or about April 23 2005 AUTUMN LEE TANOAS depositeda $40000cashiers
check from TAREK ELKAFRAWls personal bankOld National Bank in Evansville lndiana
5poundtt G10GpoundG509tH 39Vd SM3N lOlM
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into her bank account as ~ partial return on her investment in the Findlay IHOP
39 AUTUMN LEETANGAS failed to inform lHOP Corporateof her financial
relationship witheitherLR or TAREK ELKAFRAWI
40 On or about June 8 2005 AUTUMNmiddot LEETANOAS deposited a $20000 check
drawn on the Airport Highway IHOP account (andsignedby TAREK ELKAFRAWI) into her
bankaccount as a final return on her investment ill the FindlayJHOP Since that investment
AUTUMN LEETANGAS hal continued to serveas FBC for the restaurants owned and operated
by 1AREK ELKAFRAWI and othersknown to the Grand Jury During that time those
restaurants wereneveraudited nor were their sales losses or financial performances questioned
41 IHOPCorporate also was not notified of a fire at the FindlaylHOP in 2008 that
resulted in approxhnately $136 million in damage claims by TAREK ELKAFRAWI and the
closureof the location for three months Such information is the type ofmaterial information
IHOP Corporate expects FBCs to collect and provide in reports to headquarters
42 On multiple occasions known to the Grand Jury AUTUMN LEETANGAS informed
managers of the Toledo-area IHOPs that she knewthat a numberof illegal aliens worked for the
lHOPsownedand operated by TAREKELKAFRAWIand madestatements to persons known
to the Grand Jury that everyone wouldbe in trouble if that fact became known
43 Pan afthe incomplete and erroneous infcrmation provided by AUTUMN LEE
TANGAS to IHOPCorporate included her filing yearly reports recommending that lHOP
Corporate subsidize the Central Avenue IHOP by providing a weekly credit ofapproximately
$2300 This credit referred to as a reliefpayment was supposedto be used to lessen the burden
of payingweekly rent and royalty payments for an underperforming restaurant Originally
SIC1 3911d SM3N lOlM
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Case 312-crmiddot00262-DAK Doc 1 Filed 0522112 13 of 65 PagelO 13
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intended by mop Corporate to be a temporary short-term paymentused in extraordinary
circumstances through the attestations andsupport of AUTUMN LEETANGAS theCentral
IHOP received credits for overfive years Asa resultTAREKELKAFRAWIpersonally
realizedover$500000 in revenue that otherwise would have been retained by mop Corporate
44 Additionally the annual reports supporting on-goingrellefpayments enabled TAREK
ELKAFRAWI and MK to justify declining sales which in actuality were a direct result of
Point of Sale system manipulations and otherfrauds rather than a marketcondition affecting the
franchise
45 Protected from IHOPCorporate scrutiny TAREKELKAFRAWI MK and KM
directedand controlled several ongoingwirefraud schemes involving the finances of their IHOP
franchises These wire fraudschemes faU intothe following categories Point of Salesystem
manipulations of the grossand net sales and fraudulent reporting of assets and liabilities to skew
the performance of certain restaurants thereby qualifying them for IHOPCorporate benefits
false reporting to ewe and payroll manipulations to enable improperhealthand welfare
benefits
Point of Sales MauipulatloD
46 In addition to the aboveschemes from approximately 2004 to the dateof this
indictment TAREK ELKAFRAWI MK and TAREK EID OMARpersonally directed
managers to manipulate the Pointof Sale systems in order to remove cash from the stores 8S
unreported income
47 TAREK ELKAFRAWI and MK directed the Point of Sales system remotely
through the use of software that gave them full access and controlof the Pointof Salessystem
SM3N lOLM
Case 312-cr-00262-DAK Doc 1 Filed 0522112 14 of 65 PagelD 14 )4
from their homes Since approximately 2010-20]) TAREK ELKAFRAWI and MK have used
softwarecalled Team Viewer This software was installed on the home computers ofTAREK
ELKAFRAWI and MK in 2010 and 2011 respectively shortlyafter the latestMICROS system
was installed on all [HOP computers
48 One of the schemes to defraud was to manually reset the internal clock and calendar
of the MICROSsystem For instance on a Monda) the MICROS system would be set two days
ahead this would essentially pausethe system from downloading and compilingthe sales
figWes Thus although on that Wednesday the MICROS system would recognize the sales
recorded for Monday Tuesday and Wednesday and create aggregate statistics for those three
days the fact that the system was paused for thosedays allowed managers to manipulateor
under-report all of the cash transactions because cash transactionswere recognized as open
tickets for those threedays
49 The benefit of having an openticket was significant As long as a ticket was
open a sale was not considered complete that ticket could then be manipulated or even
deleted completely Thus when the MICROS system clocks werereset any open tickets or
cash transactions could be voided in MICROS and the easb receivednot recorded
50 In addition to manipulatingthe intemalsettings of MICROS MK and TAREK
ELKAFRAWI deviseda scheme whereby the MICROSsystem would simply be turnedoff
either by MK or a manager and product sales rung up manually
5 t Like the clock-settingscheme when MICROS was off-line tickets became
unreportable so cash transactions were not recorded by the system and moniescould be received
and deposited without lUI) paper trail Such transactions were not taxed and the sales were not
SM3N lOlM
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Case 31Z-cr-OQ262-DAK Doc 1 Filed 052212 15 of 65 PagelD lS
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recorded at the IHOP Corporate level so money that would otherwise have triggered the payment
of taxes or franchise feeswas kept by TAREK ELKAFRAWI as unreported income
52 TAREK ELKAFRAWI MKand TAREK EID OMARalso manipulated the
reporting of sales through the use of coupons When a customer paid in cash the store manager
was directed to use a store coupon to reduce the ticket or void the sale completely Therefore the
difference betweenthe reduction or void was not reflected in the final sale total and could be
taken by management as unreported income Accordingly TAREKELKAFRAwr MK and
TAREK EID OMARdirected their managers to use cash sales transactions to realize unreported
incomebull
53 ~AREK ELKAFRAWIand TAREK BIDOMAR manipulated the SABLE systemin
the Evansvillerestaurantmuch morebrazenlythan in theToledo-arearestaurants because of
certain exploitablecharacteristics of the SABLEsystem
54 Manipulations also affected employees salaries Starting in 2004 and continuing
through the present TAREK ELJltAFRAWI MK and TAREK ErO OMARdirected managers
to automatically deduct30 minutes fromalmost every employees time card daily in the Pointof
Sale systemsusing the BmiddotSO1 programs ability to edit entries
Manipulatiag Profit and Loss Statemenl$
55 The goal of these schemeswas to divert money from the restaurants actual gross
income into the personal accounts ofTAREK ELKAFRAWI and MK as unreported and
untaxed income As part of the schemeto laundermoney and evade federal state and local
taxes TAREK ELKAFRAWIMKbull KMand TAREK EID OMAR also directedaccountants
=iMlN nlM
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16
and bookkeepers to manipulatethe profit and loss statements (hereinafterPampLs) and balance
sheets for their various corporations
56 A PampL is a physical or electronic documentdetalHng how a corporations gross
income is transformed into the net income It displays the reported gross income for a specific
period oftime and the costs and expenses charged against this income The purpose is to show
interestedpartieswhetherthe corporation lost Or made money The accountants created the PampL
statements using data providedby TAREK ELKAFRAWI and MK and relied on those PampLs to
filecorporate taxes
57 That data wasculled from various sources MK helped create the PampLspreadsheets
by providing the documents to the managersand then received the completed weekly
spreadsheets via email Upon receiving the PampL spreadsheets the restaurant managers added in
reported total sales laborcosts for the staff invoicesfor food and supplies food discountsand
manager voids However the managers salaries end the restaurants rent expenses were entered
in the spreadsheet by MK and could not be altered by other employees Included in the
spreadsheetportioncreated by MK were some budgetary lines containing debits for categories
that simply did not exist as businessexpenses Thenumbers provided by MK were inflated
For example the LimaIHOP PampLlisted a gross total ofapproximately$ ]500 per week for
managers salaries However the number that MK entered into the PampL for managers salary
was $2100 per week Likewise the amount paid in rent was consistently inflated in excessof
actual rent payments for the tHOP restaurants The spreadsheets were then submitted to the
accountantswho created the PampL TAREK ELKAFRAWI reviewed the final PampL and made
revisions to further hide his efforts to divert profits
41l44flI14 WIUL NcW~
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58 Byknowingly entering inaccurate infonnation into the PampLs TAREK ELKAFRAWI
MK KM and the store managersactingat their direction in effect manipulated the tax
burden levied on their corporation byfederal state and local governments
59 Furthermore as II result of the PampLmanipulation the net profits Were artificially
deflated to minimize the amount of royalties and rent paid to IHOP Corporate
Defrauding Worken Compensation
60 Beginning in approximately2003 TAREK ELKAFRAWI MK and KM set up
various schemes to defraud BWC and lowerthe amount they had to pay into the Workers
Compensation system BWCpayments helpcover the cost of injuries to employees whoare hurt
on the job and functions as a ferm of insurance for a company The percentageof wagespaid by
the employerare relatedto the type of business a companydoes the number of employees the
number of claims in prior reporting periodsand other factors to arrive at a semi-annual figure
owed by a company
61 From 2004 to the present TAREK ELKAFRAWIand MK manipulated some of the
factors used by awe to determine an employers premiumsfor its employees For instance
since managers premiumsare calculated at a higher rate because their salaries are greaterthan
other employees TAREKELKAFRAWI MK and KM devised a scheme to lower manager
reporting to zero(0) likewise a cooks premium would be calculated at a higher rate because
they work in moredangerous situations thanwaitresses TAREK ELKAFRAWI MK and
KM developedwaysto manipulate the reporting ofemployees average weekly salaries Also
although overtime and tips are calculated by BWCTAREK ELKAFRAWI MK and KM
WIUL NtW~41 j~441~4~o~~pound~l~ 1144
Case 312-cr-OD262middotDAK Doc 1 Filed 052212 18 of 65 PagelD 18
18
deviseda schemeto avoid includingthose two factors in the final equation to fraudulently
understate premiums owed to awe
62 During2004 MK and KM submitted the semi-annual reports in person at the
Toledo office ofBWC The paymentswere made via check which triggered an electronic funds
transfer from IHOP bank accounts to BWe accounts In 2005 awc switched to an electronic
filing system
63 MK directedKM to use the averageof the lowest weekly payroll to calculatethe
semi-annual wage figure despite the fact that Bwe regulations required an average ofall weekly
wage figures for the reporting period By submitting only an average of the lowest weeks
TAREK ELKAFRAWI MK and KM deflatedthe wage figure
64 To further depress the numbers MK told KM to omit the salaries ofmanagers and
tips and then deductmore from the total Generally this manipulationdecreased the final wage
figure by an additional twenty percent(20)
6 From 2004 to the date of this indictment TAREK ELKAFRAWI was made awareof
the paymentfigure regardless of who filed the form and directed each paymentto be lower than
the previousone
66 DespiteTAREK ELKAFRAWls seeminglyarbitrarY calculus this reportingfigure
could be audited by awe The department required all businesses to file a Form 941 which
listed employees wages and taxes paid every90 days for the purpose ofpaying federal taxes
67 The Fonn 941 was created for BWC using Profit and Loss sheets MICROS and
payrollrecordsand was generally consistentwith those documents
WTOL NEWS PAGE 0415OS232012 1144 4192447104
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19
68 During an audit BWe could request the Form 941 and compare those numbers with
the numbers provided to awe
69 Between 2004 and 2009 KM received noticesof Bwes intention to audit various
Toledo IHOP locations Each timea notice was receivedKM TAREK ELKAFRAWI and
MK simplyignored it Threeof the auditswere never perfonned by BWC
70 BWe did audit the Findlay IHOP in 2007 fora two-year period Originally it was
determined that the restaurant owed over $55)000 in unpaidawe premiumsfor that timeperiod
71 In orderto avoid paying these premiums KM amendedtherestaurant)s worksheet
deletingmanagersnames from the list of employees and fraudulently listing the managers 8S
officersof the corporation that owned Findlayand therefore we~ exempt from payingworkers
compensation premiums However the Articles of Incorporation were not changed to list these
managers as corporate officers
72 Bymaking this change at the direction ofTAREK ELKAfiRAWI KM reportedly
reduced the amount of premiums owed awe to approximately i35000 When AunrMN LEE
TANGAS learned of thisscheme rather than reporting it to IHOP Corporate either the crime or
the addition of newofficersas required by corporate policy she told KM Youjust saved
TAREKs a-
73 In 2007 in response to the auditTAREKELKAFRAWI MK and KMcreated the
Terry Elk Group all managers weretransferred to that company and put on its payroll The
Terry Elk Group was created byKM at thedirection ofTAREK ELKAFRAWIto further
minimize payments to awe
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20
74 Although each of the seven identifiedmop restaurants transferred money to the
Terry Elk Groupto pay salaries for managers the Terry Elk Group never paid awe taxes
75 TAREK ELKAFRAWIand MK were officers of the Terry Elk Group and TAREK
ELKAFRAWland AUTUMN LEETANGAS both told KM that this was a great solution to
avoid payingBWC
76 The falsification of recordsand thecreation of the Terry Elk Group resulted in an
underpaymentofapproximately S2S0OOO to BWe
Document FJ1lud
77 TAREK ELKAFRAWI MK and TAREK EID OMAR further manipulated the
accounts of the IHOPrestaurants in order to laundermoney through false payouts and
fraudulentlyreported transactions
78 TAREK ELKAFRAWI MKand TAREK EID OMAR used a system of payouts
in the fonn of paper receipts deposited in the cash registers to reflect further unreported cash
withdrawals While these receipts were ostensibly for occasional items such as landscaping
charges extra food ingredients or supplies jn reality most payouts were not for services
rendered but weremerely cash withdrawals TAREK ELKAFRAWI MK and TAREK EID
OMAR directed managers to create payout slips to cover cash withdmwals and use the payout
slips to justify the withdrawals as business expenses to the accountants
Insurance Fraud
79 In 2008 the Findlay IHOP burned as a result of arson The fire was intentionally
started by JOSE LEON-GONZALEZ and individuals unknown to the Grand Juryat the direction
PAGE El6 5 WTOL NEWSOS232012 1144
Case 312-cr-00262-DAK Doc 1 Filed 0522112 21 of 65 PagelD 21
21
and orderofTAREK ELKAFRAWI and MK to facilitate insurance fraud schemes by TAREK
ELKAFRAWI
80 TAREK ELKAFRAWIsubmitted approximately $136million in fraudulent
insurance claims for firedamage to the restaurant The receipts submitted to the insurance
company reflected overcharges charges for work never doneworkdone at artificially inflated
prices and for fraudulent payroll claimsand lost income Additionally TAREK ELKAFRA WI
created wholly fictitious invoices and diverted thosepayments to his personal use
Rebate Fraud
81 TAREK ELKAFRAWIandMK used a varietyofadditional accounting
manipulations to affect the franchises balancesheets For example TAREKELKAFRAWI
often personally received rebate checks from food and beverage vendors reflecting the large
amountsofmoneyspent with theircompanies Thesechecksweremailed directly to TAREK
ELKAFRAWIs homes in Toledo and Evansville ratherthan delivered to the intended restaurant
The amounts were substantial Tropicanas annual rebate was approximately $12000 Cocashy
Colas annual rebate was approximately $7500 US Foods annual rebate was approximately
$80000 and Pepsis annual rebatewasapproximately S55000 From2004 to the date oftbis
indictment the total amount of rebate payments received by TAREK ELKAFRAWI exceeded
SIIOOOOO
82Before 2005TAREK ELKAFRAWI simplyused this money for personal expenses
However after 2005 TAREK ELKAFRAWIoccasionally reinvested the rebate money into the
franchises as a loan from officer
WTOL NEWS PAGE 07 5OS232012 1144 4192447104
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22
83 Under this scheme TAREK ELJltAFRAWI was essentiallyclaimingthe corporations
money for himself8Jld loaning it back to the businesswhilenot reporting the rebate money as
personal income This generated an additional unwarranted liability for the corporation receiving
the loan while TAREK ELKAFRAWI would take a personal loss on his taxesfor the unpaid
loan Thus the overall tax liability for the company and for TAREK ELKAFRAWI was
fraudulently lowered
Other Schemes to Defraud
84 Thebalance sheet was also affectedby claimingremodelingcosts as a liability instead
of an asset IHOP Corporatemandated that each restaurant be remodeled every five years Per
JHOP Corporate policy this costs a franchise approximately $70000 Under standard
accountingpractices this remodel should be considered an appreciation However TAREK
ELKAFRAWI regularly directed the accountants to claimthis expense as repair and
maintenance considered a liability
85 In September2010 ManagementServices the accountantsused by TAREK
ELKAFRAWI questioned a $40000 remodelingof the Evansville restaurant completedin 2007
TAREK ELKAFRAWI lied to the accountantsthat the $40000was a personal loan from a
businesspartner Management Services then issuedcheckstotaling $40000 to the business
partner TAREK ELKAFRAWI took these checks for his own purposes
86 TAREK ELKAFRAWI also used the restaurants to obtain loans that he would
otherwisenot beable to secure TAREK ELKAFRAWIapplied for loans using well-performing
IHOP restaurants as collateral for the loans then used those loans to pay for improvements on his
other (HOPrestaurants
WTOL NEWS PAGE 08 5OS232012 1144 4192447104
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23
87 The improperbenefitreceived arose from the fact that each restaurant is an
independent corporation Knowing that certainIHOP restaurants such as Findlay would be
unable to securea loanTAREK ELKAFRAWIwould apply for a loan using a corporation for a
healthyrestaurant likeLima Once he hadsecured that loan he wouJd use the money on the
unqualified restaurant
88 Thusthe healthy restaurant wouJd cany a loss in the form of an outstanding loan on
its books lowering its tax liabilities while the other restaurantenjoyed the use of the loan
without having to report the transferof funds as profit
89 TAREKELKAFRAWI furtherusedschemes to transfer moneyobtained from IHOP
Corporate intended to benefitone restaurant to the use of another restaurant or directly to
himself
90 Forinstance advertising and marketing revenue would be used byTAREK
ELKAFRAWIand MK in a mannersimilar to the rebate checks In 2007 TAREK
ELKAFRAWIsubmitted a fraudulent invoicereflecting the purchase of an advertising sign for
CentrallHOP for$13500when in facthe only spent $3500 on the sign He receiveda check
fromIHOPCorporate for $13500and pocketed the difference TAREK ELiltAFRAWI
thereafterreported the remaining $ J0000 as a loan ftom officer and not taxable income
9Jbull TAREK ELKAFRAWI and MK also used the CentraliHOPs advertising budget
provided by li-fOP Corporate to pay for all of the northwest Ohio ]HOPs marketing They
would inflateCentrals invoice with the Invoices for the five other restaurantsand then send that
aggregate invoice to HOP Corporate
PAGE 091 505232012 1144 4192447104 WTOL NEWS
Case 312-cr-00262-DAK Doc 1 Filed OS2212 24 of 65 PagelD 24
24
MediearelWelfarerrax Fraud
92 TAREK ELKAFRAWI MK and TAREKEID OMAR together and separately
devised schemesto personaltycollectmedical and welfarebenefits for which they did not
qualifyand sanctioned employees to do so as well
93 Using an alternate identity MK split his salary between two paychecks creating a
lower reportableincomefor each identity Usingthese dual identities MK has to date claimed
approximately $140000 in Medicaid paymentsand $35000 in food stamps and welfare benefits
from the State of Ohio
94 To further these schemesTAREK ELKAFRAWI and MK created a false property
management companythrough which MK paid rent to TAREK ELKAFRAWI in order to
show less income BothTAREK ELKAFRAWIand MK created and submitted false payroll
checks and financial documentsto support the fraudulent claims
95 TAREK ELKAFRAWI and MK also sanctionedand encouraged employees to file
fraudulent claims KHALED YOUSEF TAREK EID O~ RAMIZ AWWAD and JAMIL
MOHAMMED AWWAD were told by TAREK ELKAFRAWI and MK how to minimizetheir
payrollearnings throughthe use of multipleidentities in order to claim benefits TAREK
ELKAFRAWI toldTAREK EID OMARto eitherstart fraudulently claiming welfare or quit
having children
96 These manipulations to income revenue and payroll were reflectedin erroneousand
fraudulent tax statements to the Internal RevenueService TAREK ELKAFRAW1 directed
accountants to file his personal and corporate lax returns based on this fraudulent information in
an attempt to minimize and obscure his true incomeand tax liabilities
PAGE 10 5WTOL NEWS4192447104OS232012 1144
Case 312-cr-00262-DAK Doc 1 Filed 052212 25 of 65 PagelD 25
25
Money Laundering Schemes
97 Inorder to hideandconceal thesourceof the proceedsof the wire fraud schemes
TAREK ELKAFRAWI KELLY ELKAFRAWI MK and TAREK EID OMAR engaged in real
estatetransactions
98 TAREK ELKAFRAWI loaned TAREKEID OMARand previous Evansville mop
managers YS andAA approximately S50OOO to purchase a gas station in Evansville Indiana
usingfunds derived solely from TAREK ELKAFRAWrs rnop franchises
99 To conceal the source and nature of the funds used to purchasethe gas station located
at 600North Burkhardt Road Evansville Indiana TAREK ELKAFRAWI transferred
approximately SSOOOO to TAREK EIDOMAR Y S and AAwhich theyused to purchase the
gasstation
100Using laundered assets fromthe IHOP restaurants TAREK ELKAFRAWI and
KELLY ELKAFRAWI purchased homes at l0400 Tecumseh Drive Newburgh Indiana and
J4745 Prairie Lake Drive Toledo Ohio
101 Likewise MK purchased the following properties using funds from bankaccounts
in his various names 2510 Live Oak Road Sylvania Ohio 4027 Meadowgreen DriveSylvania
Ohio 7129 Sandy Springs Road Maumee Ohio and4837 SpringbrookDriveToledo Ohio
The funds were proceeds of the fraudulent schemes
102 Finally from 2004to the date of this indictment TAREK ELKAFRAWIsent
proceeds of fraudulent IHOP transactions overseas by carrying them on his person usingbank
acccunts ownedandcontrolled byTAREKEIDOMARand others knownto the Orand Juryand
using Western Union accounts operated by TAREK EIDOMARand SM (not charged in this
41 1pound44 (1~4 WIUL N~W~
Case 312-cr-00262~DAK Doc 1 Filed 0522112 26 of 65 PagelO 26
26
indictment) Those funds have been used in part to purchase real estate and to make investments
in Egypt
All in violation of Title 18 United States Code Section I956(h)
COVNTl
(Conspiracy to HarborAliens Title 8 UsC Sections t324(a)(l)(AXiii) and I324(a)(1)(AXv)(I)
The Orand Jury furthercharges that
I03 Paragraphs 1-16and 18-I02 are re-alleged and hereby incorporated by referenceas if
fully set forth herein
104 From at least as early as January2004 the exact date to the Grand Jury unknown
through at least December31 2011 in the Northern District of Ohio Western Division and
elsewhere the DefendantsTAREK ELKAFRAWI KELLY ELKAFRAWI AU11JMN LEE
TANGAS MK JOSE LEONmiddotGONZALEZ aka Jose Leon aka Jose Vargas aka Juan Vargas
aka Edwin MartelTAREK ElD OMAR CARLOS GAMBOA KHALED YOUSEF RAMIZ
AWWAD aka Ray JAMIL MOHAMMAD AWWAD KHALIL ABOUDAKKA MAHMOUD
ALI MOHAMED HASSANDONNAJ HARRIOIT LUCKY WILLIAMS and CESAR
AVILA did knowingly and intentionally combine conspire and confederate with each other and
with others known and unknown to the Grand Jury to conceal harbor and shield from detection
one or more aliens namely FJV-PJOSE LEON-GONZALEZ aka lose Leon aka Jose Vargas
aka Juan Vargas aka Edwin Martel MT-C C V V-A S L CESAR AVILA CARLOS
GAMBOAE M A M A G F G J LNU J LNU and approximately two hundred other
aliens known to the Grand Jury In several buildings including but not limited to the Perrysburg
PAGE 12 5WTOL NEWSOS232012 1144 4192447104
Case 312-cr-00262-DAK Doc 1 Flied 052212 27 of 65 PagelD 27
27
Findlay Lima Airport Highway Central Talmadge and Evansville JHOPs as wellas 801 Hiltop
and 4020 RoyerRoad in ToledoOhio knowingand in recklessdisregard of the fact that the
aUen(s) had cometo entered and-remained in the United States In violation of law
A) 11 waspart of the conspiracy that the managers of (HOP restaurants
would hire undocumented aliens to workat the mops after clearingthe
hires with MK or TAREKELKAFRAWI
B) It was further part ofthe conspiracy that undocumented aliens would be
paid in cashuntil theyobtained fraudulent immigration and workdocuments
C) It was funher part of the conspiracy that co-conspirators sometimes would
assist the aliensin finding lodging and in cashing checksat the mop
or bankinginstitutions
D) It was further part oCthe conspiracy that undocumented aliens often would
be paid usinga fake name Or check name
E) It was further part of the conspiracy that the undocumented aliens sometimes
would be transported to other HOP restawant locations to work
F) It was further part ofthe conspiracy that co-conspirators sometimes would
assign to the undocumented aliens the socialsecurity numbers and personal identifierS of
former employees to shield the illegalworkers from discovery
All in violation of Title 8 United States Code Sections 1324(a)(l)(A)(iii) and
1324(a)(1 )(A)(v)(I)~
PAGE 13 5WTOL NEWSOS232012 1144 4192447104
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28
WVNTS3~7
(Mail Fraud Title 18USCbull Section 1341)
The Grand Jury furthercharges that
t OS The allegatiens contained in paragraphs Imiddot16 and 18middot02 of this Indictment are reo
allegedand hereby incorporated by referenceas if fully set forth herein
106 From on or about August 192003 to the dateof this Indictment in the Northern
District or OhioWestern Division and elsewhere TAREK ELKAFRAWI AUTUMNLEE
TANGAS andMK (not charged in this Indictment) devisedand intended to devise a scheme
and artifice to defraud IHOPCorporateand to obtain money and property by meansof materially
false and fraudulent pretensesrepresentations and promises
MANNER AND MEANS
107It waspart of the scheme that TAREK ELKAFRAWI through the use of the
MICROS system knew that sales were obtainedby IHOP Corporate on 8 weeklybasis through an
automatic remote uploading ofdata TAREK ELKAFRAWI knew that IHOP Corporateused the
weeklynet sales figures to determine the weeklyroyalty and rent amount owed byeach franchise
likewisehe knewthat IHOPCorporatedid not examine the weekly deductions from grosssales
that resulted in the net sales figures
108 In fact prior to 2004 TAREK ELKAFRAWI receivedregular IHOP Corporate
reviewsof the operating expensesand balancesheets that showed the costs deducted from gross
sales reflected in net sales After AUlUMN LEETANGAS became FBC in 2004 such thorough
PAGE 14 5WTOL NEWSOS232012 1144 4192447104
Case 312-Cf-00262-DAK Doc 1 Filed 0522112 29 of 65 PagelD 29
29
reviews ceased entirely TAREKELKAFRAWI thereafter devised various schemesto
manipulate the MICROS system in order to create lower-than actual weekly net sales
109Onesuch schemewas to simply tum the MICROS system otT so sales werenot
recorded
110Additionally TAREK ELKAFRAWI instructed his lHOP managers to voidsales
entirelyor to givesignificant discounts to tickets after the ticket had been paid for by thecustomer
and closed
11 J Othercosts chargedagainst grosssales includedunit promotions contests
maintenance andpayouts for whichno documentation was provided In fact these were cash
distributions toTAREK ELKAFRAWI and other employees representingunreported income
112TAREK ELKAFRAWI also woulddeposit rebatecheeks from vendors into the
CentrallHOP account however he would direct his accountants to reflect the deposit as a loan
from officer rather than as incomefrom a rebate This fraudulent representation created an
additional debt on the balance sheet of Central JHOP thus giving the appearancethat the
restaurantwas encumbered with debt and operating expenses and not profitable
1t3 Asa result of these schemes TAREK ELKAFRAWI created the appearance through
his weeklysalesfigures that the CentrallHOP store wasseverely underperforming
114 SInce 2007 TAREK ELKAFRAWI with the help of AUruMN LEETANGAS
applied for rentand royalty reliefpayments from IHOPCorporate Based on the fraudulent
weeklynet sales reports and the annual recommendation of AUlUMN LEE TANOASTAREK
ELKAFRAWIreceived approximately $2300 a week in rentas well as royaltyrelief from HOP
Corporate to which he otherwisewJ not entitled
OS232012 1144 4192447104 WTOL NEWS PAGE 15 5
Case 312-cr-00262-DAK Doc 1 Filed 052212 30 of 65 pagelD 30
30
116 ThesereHefpayments werememorialized in annualcontractsamending the franchise
agreement for eachyear to retlect the newrelief payment agreement Thesecontracts were mailed
from mop Corporate headquarters in Glendale California to Toledo Ohio after the FBCand
RD memos were submitted and approved
117 Onor abouteach of the dates set forth below in the Northern District of Ohio
Western Division and elsewhere for the purpose of executing and attempting to execute the
abovedescribed scheme and artifice 10defraud DefendantsTAREK ELKAFRAWI and
AUTUMNLEE TANOAS knowingly caused to be placed into any post office or authorized
depository for mail matterany matteror thingto be sentand deliveredby the US Postal Service
and caused to be deposited any matterto be sent or delivered by privateand commercial interstate
carrier the following matterfrom Glendale California to Toledo Ohioeach mailing constituting
a separate count
COVNT3
~ SENDER MAJLMATIER
September 24 2007 IHOP Corporate mailing of Amended ReliefContract
COUNL4
June5 2008 IHOPCorporate mailing ofAmended ReliefContract
COUNTS
August 172009 lHOP Corporate mailing of Amended Relief Contract
CQUNT6
May 25 20)0 IHOP Corporate mailing of Amended Relief Contract
OS232012 1149 4192447104 WTOL NEWS PAGE 0115
Case 312-cr-00262-DAK Doc 1 Filed 052212 31 of 65 PagelD 31
31
COuNT 7
May 162011 IHOPCorporate mailing of Amended Relief Contract
All in violation ofTitle l8 United States Code Section 1341
COUNTS
(Health Care FraudTitle 18 USC Sections 1347and 2)
The Grand Jury further charges that
118The allegations contained in 1-16and 18-102of this Indictment are re-allegedand
herebyincorporated byreferenceas if fullyset forth herein
119Using the methodsdescribed in Paragraphs 60-78 TAREK ELKAFRAWr and
others known to the Orand Jury submitted fraudulent reports to BWe resulting in BWe
undercbarging the Airport Highway IHOP
120 From on or about June 4 2004 to the date of this Indictment in the NorthernDistrict
of Ohio Western Division and elsewhere TAREK ELKAFRAWI and others known to the
Orand Jury having devised and intendingto devise B scheme and artifice to defraud the Ohio
Bureauof Workers Compensation (BWe) a healthcare benefit program as defined in Title 18
United States CodeSection24(b) of money by means ofmateriaJly false representations and
promises that was and is in connectionwith the paymentfor health care benefits items IUId
services did knowingly and willfully execute the aforesaid scheme
In violation of Title 18 UnitedStates Code Sections 1347and 2
PAGE 0215WTOL NEWSOS232012 1149 4192447104
Case 312-cr-00262-DAK Doc 1 Filed 052212 32 of 65 PagelD 32
32
COLlNT9
(Health Care FraudTitle 18 USC Sections 1347and 2)
The Orand Jury further charges that
121 The allegations contained in paragraphs )-16 and 18102 of this Indictmentare reo
alleged and herebyincorporatedby reference as if fully set forth herein
122 Using the methodsdescribed in Paragraphs60-78 TAREK ELKAFRAWI and
others known to the Orand Jury submitted fraudulent reports to Bureau of Workers Compensation
(BWC)resulting in BWe undercharging theTalmadge IHOP
123 From on or about June 4 2004 to the date of this Indictment in the Northem District
ofOhio Western Divisionand elsewhere TAREK ELKAFRAWI and others known to the
Grand Jury having devised and intendingto devisea scheme and artifice to defraud the Ohio
awe a health carebenefit program as defined in Title )8 t United States CodeSection 24(b) of
moneyby means of materially false representations and promises that was and is in connection
with the paymentfor health care benefits hems and services did knowinglyand willfullyexecute
theaforesaid scheme
In violation of Title 18 UnitedStatesCode Sections 1347 and 2
CQUNTlll
(Health Care FraudTitle 18USC Sections 1347and 2)
The Orand Jury further charges that
124 Theallegations contained in paragraphs 1-16 and 18-102 of this Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
PAGE 0315WTOL NEWSOS232012 1149 4192447HI4
Case 312-cr-00262-DAK Doc 1 Filed 0522112 33 of 65 PagelD 33
33
125 Using themethods described in Paragraphs 60-78 TAREK ELKAFRAWI and
others known to the OrandJury submitted fraudulent reports to BWC resulting in BWC
undercharging the Lima IHOP
126 From on or about August 31 2007 through the date of this Indictment in the
Northern District of Ohio Western Divisionand elsewhereTAREK BLKAFRAWIand others
known to the GrandJury havingdevisedand intendingto devise a scheme and artifice to defraud
the Ohio Bureau of Workers Compensation (BWe) a health care benefit program as defined in
Title 18 United StatesCode Section24(b) of money by means of materially false
representations and promises that wasand is in connection with the payment for health care
benefits items and services did knowingly and willfullyexecute the aforesaid scheme
In violationof Title 18UnitedStates Code Sections 1347and 2
COUNT 11
(Health Care Fraud Title 18 USC Sections 1347and 2)
The Grand Jury furtherchargesthat
127The allegations contained in paragraphs 1-16and 18-102of this Indictment are reshy
allegedand herebyincorporated by reference as if fully set forth herein
128 Using the methods described in Paragraphs60-78 TAREK ELKAFRAWI and
others known to the OrandJury submitted fraudulent reports to Bwe resulting in awe
undercharging the Findlay IHOP
129 From on or aboutMay 102004 through the date of this Indictment in the Northern
Districtof Ohio Western Division and elsewhere TAREK ELKAFRAWI and others knownto
theGrand Jury havingdevised and intending to devise a scheme and artifice to defraud the Ohio
Bureau of WorkersCompensation (BWe) a health care benefit program as defined in Title 18
4) lL44Hl4 WIUL NIW~
Case 312-cr-00262-DAK Doc 1 Filed 052212 34 of 65 PagelD 34
34
United StatesCode Section 24(b) of moneyby meansof materially false representations and
promises that wasand is in connection with the payment for healthcare benefits items and
services did knowingly and willfully execute the aforesaidscheme
In violation of Title 18 United States Code Sections 1347and 2
CoUNT12
(Health Care Fraud Title 18USC Sections 1347and 2)
The Orand Jut)I further charges that
130 The allegations contained in paragraphs Imiddot] 6 and 18-]02 of this Indictmentare reshy
alleged and hereby incorporated by reference as iffulJy set forth herein
13 l Usingthe methods described in Paragraphs 60-78 TAREK ELKAFRAWI and
others knownto the Orand Jury submitted fraudulent reports to BWe resulting in awe
undercharging the Central IHOP
132 From onor about February 28 2005 through the date of this Indictment in the
Northern Districtof Ohio Westem Division and elsewhere TAREKELKAFRAWI and others
known to the Grand Juryhavingdevisedand intending to devisea scheme and artifice to defraud
the Ohio Bureau of Workers Compensation (BWC) a health care benefitprogram as defined in
Title 18 United States CodeSection24(b) of money by means ofmaterially false
representations and promises that was and Is in connection with the paymentfor health care
benefits items and services did knowingly and willfully executethe aforesaid scheme
In vioJation of Title 18 United States Code Sections 1347and 2
41 I~4411~4 WIUL N~W~
Case 312middotcr-00262middotDAK Doc 1 Filed 052212 35 of 65 pagelO 35
3S
COUNT 13
(HealthCare Fraud Title 18 USC Sections 1347 and 2)
The Grand Jury furtherchargesthat
133The allegationscontained in paragraphs 1middot16 and 18middot102 of this Indictment are reshy
alleged and herebyincorporated by reference 8$ if fullyset forth herein
134 Using the methodsdescribed in Paragraphs 6Q78 TAREK ELKAFRAWI and
others known to the GrandJury submitted fraudulent reports to awc resulting in awe
undercharging the Perrysburg JHOP
135 From on or about August 30 2005 through the date ofthis Indictment in the
Northern District of Ohio Western Division and elsewhere TAREK ELKAFRAWI and others
known to the GrandJury having devised and intending to devise a scheme and artifice to defraud
the Ohio Bureauof WorkersCompensation(BWC) a health care benefit program as defined in
Title 18 United States Code Section 24(b) of money by means of materially false
representations and promises that was and is in cenneetlon with the payment for health care
benefits items and services did knowinglyand willfullyexecute the aforesaid scheme
In violationofTitle 18United StatesCode Sections 1347 and 2
COUNTS 14-17
(Mail Fraud Title 18 USC Section J341)
The Grand Jury furthercharges that
136 The allegations containedin paragraphs 1-16 and 18middot102 of this Indictmentare reshy
alleged and hereby incorporatedby referenceas if fully set forth herein
131 Fromon or about January 30 20ll through on or about April 10201 I in the
Northern District of Ohio Western Division and elsewhere Defendants TAREK ELKAFRAWI
PAGE 061lbWIDe NEWS~b1L32012 1149
Case 312-cr-00262-DAK Doc 1 Filed 052212 36 of 65 PagelD 36
36
and TAREK EIDOMARdevised and intended to devisea scheme and artifice to deframiddotud and to
obtain moneyfrom THOP Corporate by meansof materially false and fraudulent pretenses
representations and promises
MANNER AND MEANS
(t was part of the schemeand artifice that
]38 Using the methods described in Paragraphs 46-54 and 71-78 TAREK ELKAFRAWI
and TAREK EIDOMARmanipulated the SABLE Pointof Sale system to fraudulently report
debits and charges in order to hide the removal of cashdirectly from the Evansville IHOP
TAREK EID OMARat the direction of TAREKELKAFRAWI would then producea fraudulent
PampL report and mail it using the United States PostalService to provide that report to
Management Services in Wichita Falls Texas
139 Onor about each ofthe dates set forth below in the Northern District of Ohio
Western Division andelsewhere for the purpose ofexecutingand attempting to executethe
above described scheme and artifice to defraudTAREK ELKAFRAWI and TAREK EID OMAR
knowingly caused to be placed into any post office or authorized depository for mail matterany
matteror thingto besent and delivered by the US Postal Services and caused to be deposited any
matter to be sent or delivered by privateand commercial interstatecarrier the following matter
from Toledo Ohioand Evansville Indianato WichitaFallsTexas each mailingconstituting a
separate count
COUNT 14
Mm SENDER MAIL MAUER
January 302011 TAREK EID OMAR PampL report
OS232012 1149 419~447104 WTOL NEWS PAGE 0715
Case 312-cr-00262-0AK Doc 1 Filed 0522112 37 of 65 PagelD 37
37
COUNT 15
February14 2011 TAREK BID OMAR PampL report
COUNT 16
March 28 20II TAREKEID OMAR PampL report
COUNT 17
April 102011 TAREK EJD OMAR PampL report
All in violation ofTitle 18UnitedStates Code Sections 341 and 2
COUNT 18
(Use of Fire to Commit a Felony Title 18 USC Sections 844(h) and 2)
TheGrand Jury further charges that
140The allegations contained in paragraphs 1-16 and 18-102 ofthis Indictmentarc reshy
alleged and hereby incorporatedby reference as if fully set forth herein
141On or about August 10 and II 2008 [n the Northern Districtof Ohio Westem
DivisionTAREK ELKAFRAWI and JOSE LEON-GONZALEZ knowingly used fire to commit
Mail Fraud a felony prosecutable in a court of the United States
In violation ofTitle 18 United States Code Sections 844(h) and 2
COUNTl2
(Malicious Use of Fire Title 18 USC Sections 844(i) and 2)
The Grand Jury further charges that
142 The allegations contained in paragraphs 1-16and 18-102 ofthls Indictmentare reo
alleged and hereby incorporated by reference as if fully set forth herein
WTOL NEWS PAGE 0815OS232012 1149 4192447104
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38
143 On or about August 10and II 2008 in the Northern District of Ohio Western
Division TAREK ELKAFRAWIand JOSE LEON-GONZALEZ maliciously damaged bymeans
of fire and explosivematerialsa buildinglocated at 7777 Countymiddot Road 136 Findlay Ohio used
in interstatecommerce
In violation of Title 18 UnitedStates Code Sections 844(i) and 2
coUNtS 0-28
(Mail FraudTitle] 8 USCSection 1341)
The Grand Jury furthercharges that
144 The allegations containedin paragraphs 1-16and I8-102 of this lndictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
145 Fromapproximately the month of July 2008 the exact date unknownto the Grand
Jury through On or about October 27 2009 in the Northern District of Ohio Western Division
and elsewhereTAREK ELKAFRAWI devisedand intended to devise 8 scheme and artifice to
defraudFarmers InsW1J1ce Group and to obtain moneyand property by meansof false and
fraudulent pretenses representations and promises
146 It was part of the schemeand artificeto defraud that TAREK ELKAFRAWI would
submit traudulent invoices to FarmersInsuranceGroup under PolicyNumber 602926772 for
work that was not performed or performed at a lower invoice
147It was a furtherpart of the scheme and artifice that TAREK ELKAFRAWI submitted
claims forpayroll costs that were completely illusorybecause the requested claimswere for
periods the restaurant was closed and had no employees
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39
148 It was a furtherpart of the sc erne and artifice that all checks were sent directly to
TAREKELKAFRAWI at the Terry Elk G~OUP not the Findlay lHOP
149On or about each of the dates bet forth below in the Northern District of Ohio
Western Division and elsewhere for the Jurpose of executing and attempting to execute the
above described scheme and artifice to delud TAREK ELKAFRAWI knowinglycaused to be
placed into any post office or authorized dlpository for mail matterany matter or thing to be sentI
and dellvered by the US Postal Service Jd caused to be deposited any matter to be sent or
delivered by private and commercial inters~te carrier the following matter from the state of
Illinois to Toledo Ohio each mailingcon~itUting a separate count
October 17 2008
October22 2008
January 262009
October21 2009
September22 2008
January 26 2009
SENDER
Fanners Insurance
Farmers Insurance
Farmers Insurance
Farmers Insurance
FarmersInsurance
Farmers Inswance
CO 20
M61LMAmR
$S5947S 1check to Terry Elk Group
21
I $45581367 check to Terry Elk Group
~ I $24444302 check to Terry Elk Group
~ I $2262384 check to Terry Elk Group
bOUNTM
I $2500000 check to Terry Elk Croup
~ $15684795 check to Terry Elk Group
PAGE 1015WTOL NEWS05232012 1149 4192447104
Case 312-cr-00262-DAK Doc 1 Filed 05122112 40 of 65 pagelD 40
40
COUNT 26
October ~ I 2009 Farmers Insurance $4285205 check to Terry Elk Group
COUNT 27
February 172009 Farmers Insurance $20867200check to Terry Elk Group
COUNT 21
October 27 2009 FarmersInsurance $15226400 check to Terry Elk Group
All in violationofTitle 18 United States Code Section 1341
COUNT 29
(Aggravated IdentityTheft Title 18 USC Section 1028A and 2)
The OrandJury furthercharges that
ISO The allegations contained in paragraphs 1-16and 18~102 of this Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
J51 Onorabout October9 2007 in the Northem District of9hlo Western Division
TAREK ELKAFRAWI did knowinglyuse without lawftllauthority a means of identification of
another personduring and in relation to the commission ofWire Fraud a violation ofride 18
United States Code Section 1343
In violation of Title 18 United States Code Sections I028A(a)(1) and 2
CQVNT30
(Aggravated Identity Theft T~tle is USC Section l028A and 2)
The Grand Jury further charges that
152 The allegations eontained in paragraphs 1-16 and 18-102 of this Indictment are reshy
alleged and hereby incorporated by reference as if fully set forth herein
05232012 1149 4192447104 WTOL NEWS PAGE 111 5
Case 312-cr-Q0262~DAK Doc 1 Filed 052212 41 of 65 PagelD 41
41
153 On or about May 192008 in the Northern District of Ohio Western Division
TAREK ELKAFRAWIdid knowingly use without lawfulauthoritya means of identification of
another personduringand in relation to the commission of Wire Fraud a violation ofTitle 1g
United StatesCodeSection I~43
In violation of TitJe J8 UnitedStates Code Sections 1028A(a)(I) and 2
COUNT31
(Aggravated IdentityTheftTitle 18USC Section J028A and 2)
The Orand Jury furthercharges that
154 The allegations contained in paragraphs 1-l6- and 18middot102 of this Indictment are reshy
alleged and herebyincorporated by reference as if fully set forth herein
155 On or aboutJuly 132Q09 in the Northern District of Ohio Western Division
TAREK ELKAFRAWIj did knowingly use without lawfuJ authority a means of identification of
another personduring and in relation to the commission of Wire Fraud a violation of Title 18
United StatesCodeSection 1343
In violationofTitle 18 United States Code Sections 1028A(aXl) and 2
COlNT32
(Aggravated IdentityTheft Title 18USC Sectlon J028A and 2)
The Grand Jury furthercharges that
J56 Theallegations contained in paragraphs1-16and 184 J02 of this Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
157On or about May3l 2009 in theNorthern Districtof Ohio Western Division
TAREK ELKAFRAWI did knOWingly use without lawful authoritya means of identification of
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Case 312-cr-00262-DAK Doc 1 Flied 0522112 42 of 65 PagelD 42
42
another person during and in relation to the commission of Wire Fraud a violation of Title 18
United States Code Section 1343
In violation ofTitle 18 United States Code Sections 1028A(a)(I) and 2
COUNT 33
(Aggravated Identity Theft Title 18 UsC Section l028A and 2)
The GrandJury further charges that
138 The allegationscontainedin paragraphs 1-16 and 18-]02 of this Indictment are reshy
alleged and herebyincorporated by reference as if fullyset forth herein
159 On or about October 22008 in the Northern District of Ohio Westem Division
TAREK ELKAFRAWI did knowingly use without lawfulauthority a means of identification of
another personduring and in relation to the commission of Wire Fraud a violationof Title 18
United States Code Section 1343
In violationof TItle ]8 United States Code Sections 1028A(a)(I) and 2
CQVNT34 (Aggravated IdentityTheft Title 18 USC Section 1028A and 2)
The Grand Jury furtherchargesthat
160 The allegationscontained in paragraphs 1-16and 18-102ofthis Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
16t Onor about January27 2008 in the Northern District of Ohio WesternDivision
TAREK ELKAFRAWI did knowinglyuse without lawfulauthority a means of identification of
anotherpersonduringand in relation to the commissionofWire Fraud a violation ofTitJe 18
United States Code Section 1343
In violation of Title 18United States Code Sections l028A(a)(1) and 2
I I
WTOL NEWS PAGE 13115OS232012 1149 4192447104 I
Case 312-cr-00262-DAK Doc 1 Filed 052212 43 of 65 PagelD 43
43
COUNT 35 (AggravatedIdentityTheft Title 18USC Section 1028A and 2)
The Grand Jury further charges that
162The allegations contained in paragraphs I-16 and 18-102 of this Indictment are reshy
alleged and herebyincorporated by reference as jf fully set forth herein
163On or about March 72009 in the NorthernDistrict of Ohio Western Division
TAREK ELKAFRAWI and KHALED YOUSEF did knowinglyuse without lawful authority a
means of identification of another personduringand in relation to the commission of Wire Fraud
a violation of Title 18 United States Code Section 1343
In violationof Title 18 United States Code Sections 1028A(a)(1)and 2
COUNT 36
(Aggravated IdentityTheft Title 18 USC Section 1028Aand 2)
The GrandJury further charges that
164 The allegations contained in paragraphs 1-16 and 18-102 of this Indictmentare reshy
allegedand hereby incorporated byreferenceas if fully set forth herein
16S On or about March tS 2009 in the Northern District of Ohio Western Division
TAREK ELKAFRAWI and KHALED YOUSEF did knowinglyuse without lawful authority a
means of identification of another person duringand in relation to the commission of WireFraud
a violation of Title 18United States Code Section 1343
In violation ofTitle 18United States Code Sections l028A(a)(1) and 2
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Case 312-cr-00262-0AK Doc 1 Filed 052212 44 of 65 PagelD 44
44
COUNT 37
(Aggravated Identity The~ Title 18 USC Section l028A and 2)
The GrandJury further charges that
166 Theallegations contained in paragraphs 1-16 and 18-] 02 of this Indictment are reshy
alleged and hereby incorporated byreference as if fully set forth herein
167 On or aboutJuly 21 2009 in the Northern District of Ohio Western Division
TAREK ELKAfRAWI and RAMIZAWWAO did knowingly use without lawful authority a
means of identification of anotherperson duringand in relation to the commission of WireFraud
a violation of Title 18United States Code Section 1343
In violation ofTitle 18 UnitedStates Code Sections l028A(a)(1) and 2
cOUNT38
(Aggravated Identity TheftTitle 18 USC Section 1028A and 2)
The Grand Juryfurthercharges that
168Theallegations contained in paragraphs 1-16 and t8-102 of this Indictment are reshy
alleged and hereby incorporated by reference 8S if fully set forth herein
169 On or about July 132009 in the NorthernDistrict ofOhio WesternDivision
TAREK ELKAFRAWIand IAMIL MOHAMMED AWWAD did knowingly use withoutlawful
authority a meansof identification of another person during and in relation to the commission of
Wire Fraud a violation ofTitle 18 United States Code Section 1343
In violation of Title 18 United States CodeSections l028A(a)(1) and 2
11 4l 41 l~44 IUl4 WIUL NIWl
Case 312-cr-00262-DAK Doc 1 Filed 0522112 45 of 65 PagelD 45
45
COUNT 39
(Identity Theftt Title 18 USC Sections 1028 and 2)
The Grand Jury further charges that
170 The allegationscontained in paragraphs 1-16 and 18-102 of this Indictment are reshy
alleged and hereby incorporated by reference as if fully set forth herein
171 On or about December132010 in the Northern District orOhio Western Division
TAREKELKAFRAWI and DONNA J HARRIOTTt did knowingly use in or affectinginterstate
or foreigncommerce without lawful authority a means of identification ofanother person to wit
s social securitynumber and date of birth with the intent to commit or to aid or abet or in
connectionwith any unlawful activitythat constitutes Wire Fraud 8 violation of 18USC
sect1343 and the offense involved the useof an authentication feature that is or appears to be an
identification document or authentication feature issued by Or under the authority of the United
States
All in violation ofTitle 1St United States Code Sections 1028(a)() (b)(l )(A)(l) and (f)
and 2
COUNI40
(Identity Theft Title 18USCbull Sections 1028and 2)
TheGrand Juryfurther chargesthat
172The allegationscontained in paragraphs 1-16 and J8middot102 of this Indictment are reo
allegedand hereby incorporated by referenceas if fully set forth herein
173On or about May42010 in the Northern District ofOhio Western Division
TAREK ELKAFRAWI and SARA RINEBOLT did knowingly use in or affecting interstate or
Case 312-cr-00262-DAK Doc 1 Filed 0522112 6 of 65 PagelD 6 -
6
of checks TAREK ELKAFRAWI conspired together with MKbull and with others both known
and unknownto the Grand Jury to harbor aliens and commit identity theft in furtherance of and
in support of maiJ and wire fraud schemes as detailed below
The Grand Jury charges
COUNT 1
(Money Laundering Title 18 USC Section 19S6(hraquo
16 The infonnation contained in the General Allegationsparagraphs 1-15above is
incorporatedby reference herein
17 Fromon or about August 192003 to the date of this indictment in the Nonhero
Districtcf Ohio WesternDivision and elsewhere the Defendants TAREK ELKAFRAWJ
TAREK EID OMAR KELLYELKAFRAWI and AUTUMN LEE TANGAS did knowingly
and intentionallycombineconspire and agree with each other and with other persons both
knownand unknown to the GrandJury to commitoffenses against the United States in violation
of Title 18 UnitedStates Code Section 19S6(h) to wit
(a) to knowingly conduct and attempt to conduct a financial transaction affecting
interstateand foreign commerce which involved the proceeds of a specified unlawfulactivity
that is Alien Harboring a violationofTitle 8 UnitedStates Code sect 1324 with the intent to
promote the carrying on of specified unlawful activity that is MaiJ Fraud and Wire Fraud
violations of Title 18 United StatesCode sectsect 1341 and 1343 respectivelyand that while
conductingand attemptingto conductsuch financial transaction knew that the property involved
in the financial transaction representedthe proceedsof some form ofunlawful activity in
violation ofTide 18United States Code Section 1956(aX l)(A)(i) and
Case 312-crmiddot00262-DAK Doc 1 Filed 052212 7 of 65 PagelD 7 ~
7
(b) to knowingly conduct and attempt to conduct a financial transactionaffecting
interstateand foreign commerce whichinvolved the proceeds of a specified unlawful activity
that is Mai I Fraudpursuant to 18 UsC sect1341 with the intent to engage in conductconstituting
a violation of26 USC sect 7201 to wit evasion ofpaymentof taxes and that while conducting
and attemptingto conduct such financial transactionknew that the property involvedin the
financial transaction represented the proceedsof some form of unlawful activity in violalion of
Title 18~ United States Code Section 19S6(a)(1)(A)(ii)i and
(c) to knowingly conduct and attempt to conduct financial transactionsaffectinginterstate
commerceand foreign commercewhichtransactions involved the proceeds of Ii specified
unlawful activitythat is Mail Fraud pursuant to 18 USC sect1341 knowingthat the transactions
were designedin whole or In part to concealand disguise the nature Iocanon source ownership
andcontrol of the proceeds of said specifiedunlawful activity and that while conductingand
attemptingto conduct such financial transactions knew that the property involved in the fm811cial
transactionsrepresentedthe proceedsof some fonn of unlawful Beth-it) in violationof Title 18
UnitedStates Code Section 1956(a)(I)(8)(i) and
(d) to transport transmit W1d transfer and attempt to transport transmit and transfera
monetary instrument or funds involvingthe proceedsofa specified unlawful activity that is Wire
Fraud pursuantto 18 USC sect 1343~ from a place in the United States to or through a place
outside the United Statesknowing that the funds Involved in the transportation transmission
and transferrepresented the proceedsof some fonn of unlawful activity and knowing that such
transportation transmission and transfer was designed in whole Or in part to conceal and
disguise the nature locationsource ownershipand control of the proceeds of said specified
l13tLlpZ5tlSM3N lOlM9tL13 397d
Case 312-cr-00262middotDAK Doc 1 Filed 0522112 8 of 65 PagelD 8 ~
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unlawful activjry in violation of Title 18 United States Cyene Section 956(a)(2)(B)(i)
MANNER AND MEANS OF THEICONSPlRACY
18The mannerand means used to accomplish the bjectives of the conspiracy included
among others the folJowing
Koowiag Emplo)meat of U1eFaJ Aliens
19 From approximately December 18 2003 to the ~~te of this indictment the
Defendants TAREK ELKAFRAWITAREK BID OMARKELLY ELKAFRAWI and
AUTUMNLEE TANGASemployed over 200 illegal alieqs to workat the seven identifiedI
IHOP restaurants At the directionofTAREKELKAFRAWI and others known to the Orand i
Jury most of these aliens used fraudulent or stolen identificrtions while working at theseven
IHOP restaurants
20 Inorder to locateand recruit these illegal aliensIfAREK ELKAFRAWIand MK
employed several individualsknown to the Orand Jury inclyenSing but not limited to CARLOS I
GAMBOA JOSE LEON-GONZALEZ aka Jose Leon aka fose Vargas aka Juan Vargas aka
Edwin Martel FV-P and SL (not charged in this indictme~t) to recruit Illegal aliensto work at
IHOP and to IU1BJ1ge for theirarrival at one of the seven id~tified IHOP restaurants I
21 When an iHega] alien arrivedas an employee thelmanagerof the HOP at the I
directionof TAREK ELKAFRAWI MK or KM would nter the alien into the MICROS
system usingeithera fraudulent identification or II name alreadyin the systemi
22 If the illegal alien had falsepaperwork or dceumentatlon the manager would accept it I
without verifying its legitimacy conversely if the illegal aliep did not have documentation
TAREK ELKAFRAWI MK or KM would arrange for C~RLOS GAMBOA JOSE LEONshyI
Case 312-cr-00262~DAK Doc 1 F=i1ed 0522112 9 of 65 PagelO 9
9
GONZALEZ FV-P 0[ others known to the Grand Jury to obtain frCudulent documcntation for
the illegal alien
23 Additionally to further the scheme to harbor and conceal the identity of the illegal
aliens TAREK ELKAFRAWIand MK would individually and personallydirect managers and
others known to the Grand Jury to cash the payroll checks of illegal aliens
24 TAREKELKAFRAWl and MK also would cash payrollcheckscfallens against
their personalbank accounts in order to help conceal the presence of illegalaliens Likewise
TAREK BLKAFRAWI authorized managers to cash payroll checks at the restaurants for illegal
alienemployees
25 It was COmmon practicefor TAREK ELKAFRAWI MK KMbulland TAREK EID
OMAR to assign multiple identities to employees for the purpose of employeesavoiding taxes or
receiving govenunentbenefits as well as to avoidpaying employees overtime wages
26 As a result of hiringand harboring illegal aliens TAREK ELKAFRAWI and MK
wereable 10 manipulate the wages of employeesreported to the Internal RevenueService for
purposes ofundelTeporting theirpayroll tax liability
27 Further by employingandharboring iJ legal aliens TAREK ELKAFRAWI and MK
manipulated Form94 reports to theBureau of WorkersCompensation for the State of Ohio
(hereinafteraWe) thus drastically reducing the franchises bi-annual payments to the state
agency
28 Further by employing and harboring illegal aliens TAREK ELKAFRAWI and MK
wereable to underpay manipulateand minimize the amount of money they actually paid to the
illegal aliens knowing the aliens would not complain or report them to law enforcement
SM3N lOlMpound150 391d
Case 312middotcr-00262-DAK Doc 1 Filed 052212 10 of 65 pagelD 10
10
Understating Income
29 The schemes described in Paragraphs 19 through 28 further allowed TAREK
ELKAFRAWI MK K M and TAREKEID OMARto createan environment ill which the
managers were expected to manipulate the Pointof Sale systems to reduce the weekly netsales
figures
30 ByartificiallY deflating the net sales figures TAREK ELKAFRAWI and coshy
conspirators defrauded IHOP Corporateby paying a smalleramount of rent and royaJties to
JHOP Corporate than was actually owed furthermore the franchises qualified for rebates and
relief assistance payments from IHOP Corporate for which theyotherwisewould not have been
eligible
31 Asa resultof the underreporting of incomeandmanipulation of wages resulting from
the hiring andharboring of illegal aliensTAREKELKAFRAWl and MK as owners and
operators of the seven identified IHOP restaurants aidedand abetted by KM and AUWMN
LEETANOAS generated over$12 million in unreported income
32 Toconceal the existence of unreported income andto promote the continuance of the
schemefacilitated by the alien harboring TAREKELKAFRAWI and MKengaged in a
continuing courseof wirefraud by electronically transferring assets and fundsto credit cards in
the names of the mop franchises to a shellcorporation that is the TerryElk Groupto other
cornmerclal investments to bank accounts opened in the names of false fraudulent and stolen
identities to foreign and domestic properties and to foreign bank accounts
ColJusion with the FBC
33 In order to conceal the nature of the wire fraud TAREKELKAFRAWI MK and
srat 391d SM3N lOLM
Case 312-cr-00262-DAK Doc 1 Flied 052212 11 of 65 PagelD 11 bull to II bull
11
KM enlisted AUTUMN LEE TANGAS the FBe for the regionto minimize the likelihood that
IHOP Corporate would question the weekly net sales figures underreported bythe seven
IdentifiedJHOP restaurants
34 Specifically in December2003TAREK ELKAFRAWI enteredinto an agreement
with AUTUMN LEETANGAS in which AUTUMN LEETANOAS friend LR (not charged
in this indictment) would receive health benefits and paychecks in return for AUTUMN LEE
TANGAS making an undocumented investment in the FindlayIHOP
35 Prior to the December 182003 purchase of the Findlay IHOP byTAREK
ELKAFRAWI AUTUMN LEETANOAS had informed TAREK ELKAFRAWIthat IHOP
Corporateneededto find a suitable purchaser for the Findlay poundHOP AUTUMN LEE TANOAS
knew that TAREK ELKAFRAWI did not have the financial ability to purchase the franchise at
that time hut that she herself did However AUTUMN LEETANGAS knew that because of
her position 8$ FBC she was precludedby IHOP Corporate from investing in any franchise
36 Inreturn for providingTAREK ELKAFRAWI$50000 to purchase the Findlay
IHOP AUTUMN LEETANGAS friend LRwas listed as minority owner of the Airport
Highway mop and receivedweekly paychecks andhealth benefits from that corporation despite
the fact that she never worked as an employee there
37 On or about December6 2004 AUTUMN LEE TANGAS deposited a $5000 check
drawn on the Airport HighwayIHOP account(and signedby TAREK ELKAFRAWI) into her
bank accountas a partial return on her sub rgainvestment in the Findlay IHOP
38 On or about April 23 2005 AUTUMN LEE TANOAS depositeda $40000cashiers
check from TAREK ELKAFRAWls personal bankOld National Bank in Evansville lndiana
5poundtt G10GpoundG509tH 39Vd SM3N lOlM
I
Case 312~cr-00262middotDAK Doc 1 Filed 052212 12 of 65 PagelO 12
12
into her bank account as ~ partial return on her investment in the Findlay IHOP
39 AUTUMN LEETANGAS failed to inform lHOP Corporateof her financial
relationship witheitherLR or TAREK ELKAFRAWI
40 On or about June 8 2005 AUTUMNmiddot LEETANOAS deposited a $20000 check
drawn on the Airport Highway IHOP account (andsignedby TAREK ELKAFRAWI) into her
bankaccount as a final return on her investment ill the FindlayJHOP Since that investment
AUTUMN LEETANGAS hal continued to serveas FBC for the restaurants owned and operated
by 1AREK ELKAFRAWI and othersknown to the Grand Jury During that time those
restaurants wereneveraudited nor were their sales losses or financial performances questioned
41 IHOPCorporate also was not notified of a fire at the FindlaylHOP in 2008 that
resulted in approxhnately $136 million in damage claims by TAREK ELKAFRAWI and the
closureof the location for three months Such information is the type ofmaterial information
IHOP Corporate expects FBCs to collect and provide in reports to headquarters
42 On multiple occasions known to the Grand Jury AUTUMN LEETANGAS informed
managers of the Toledo-area IHOPs that she knewthat a numberof illegal aliens worked for the
lHOPsownedand operated by TAREKELKAFRAWIand madestatements to persons known
to the Grand Jury that everyone wouldbe in trouble if that fact became known
43 Pan afthe incomplete and erroneous infcrmation provided by AUTUMN LEE
TANGAS to IHOPCorporate included her filing yearly reports recommending that lHOP
Corporate subsidize the Central Avenue IHOP by providing a weekly credit ofapproximately
$2300 This credit referred to as a reliefpayment was supposedto be used to lessen the burden
of payingweekly rent and royalty payments for an underperforming restaurant Originally
SIC1 3911d SM3N lOlM
I
Case 312-crmiddot00262-DAK Doc 1 Filed 0522112 13 of 65 PagelO 13
13
intended by mop Corporate to be a temporary short-term paymentused in extraordinary
circumstances through the attestations andsupport of AUTUMN LEETANGAS theCentral
IHOP received credits for overfive years Asa resultTAREKELKAFRAWIpersonally
realizedover$500000 in revenue that otherwise would have been retained by mop Corporate
44 Additionally the annual reports supporting on-goingrellefpayments enabled TAREK
ELKAFRAWI and MK to justify declining sales which in actuality were a direct result of
Point of Sale system manipulations and otherfrauds rather than a marketcondition affecting the
franchise
45 Protected from IHOPCorporate scrutiny TAREKELKAFRAWI MK and KM
directedand controlled several ongoingwirefraud schemes involving the finances of their IHOP
franchises These wire fraudschemes faU intothe following categories Point of Salesystem
manipulations of the grossand net sales and fraudulent reporting of assets and liabilities to skew
the performance of certain restaurants thereby qualifying them for IHOPCorporate benefits
false reporting to ewe and payroll manipulations to enable improperhealthand welfare
benefits
Point of Sales MauipulatloD
46 In addition to the aboveschemes from approximately 2004 to the dateof this
indictment TAREK ELKAFRAWI MK and TAREK EID OMARpersonally directed
managers to manipulate the Pointof Sale systems in order to remove cash from the stores 8S
unreported income
47 TAREK ELKAFRAWI and MK directed the Point of Sales system remotely
through the use of software that gave them full access and controlof the Pointof Salessystem
SM3N lOLM
Case 312-cr-00262-DAK Doc 1 Filed 0522112 14 of 65 PagelD 14 )4
from their homes Since approximately 2010-20]) TAREK ELKAFRAWI and MK have used
softwarecalled Team Viewer This software was installed on the home computers ofTAREK
ELKAFRAWI and MK in 2010 and 2011 respectively shortlyafter the latestMICROS system
was installed on all [HOP computers
48 One of the schemes to defraud was to manually reset the internal clock and calendar
of the MICROSsystem For instance on a Monda) the MICROS system would be set two days
ahead this would essentially pausethe system from downloading and compilingthe sales
figWes Thus although on that Wednesday the MICROS system would recognize the sales
recorded for Monday Tuesday and Wednesday and create aggregate statistics for those three
days the fact that the system was paused for thosedays allowed managers to manipulateor
under-report all of the cash transactions because cash transactionswere recognized as open
tickets for those threedays
49 The benefit of having an openticket was significant As long as a ticket was
open a sale was not considered complete that ticket could then be manipulated or even
deleted completely Thus when the MICROS system clocks werereset any open tickets or
cash transactions could be voided in MICROS and the easb receivednot recorded
50 In addition to manipulatingthe intemalsettings of MICROS MK and TAREK
ELKAFRAWI deviseda scheme whereby the MICROSsystem would simply be turnedoff
either by MK or a manager and product sales rung up manually
5 t Like the clock-settingscheme when MICROS was off-line tickets became
unreportable so cash transactions were not recorded by the system and moniescould be received
and deposited without lUI) paper trail Such transactions were not taxed and the sales were not
SM3N lOlM
middot
Case 31Z-cr-OQ262-DAK Doc 1 Filed 052212 15 of 65 PagelD lS
]5
recorded at the IHOP Corporate level so money that would otherwise have triggered the payment
of taxes or franchise feeswas kept by TAREK ELKAFRAWI as unreported income
52 TAREK ELKAFRAWI MKand TAREK EID OMARalso manipulated the
reporting of sales through the use of coupons When a customer paid in cash the store manager
was directed to use a store coupon to reduce the ticket or void the sale completely Therefore the
difference betweenthe reduction or void was not reflected in the final sale total and could be
taken by management as unreported income Accordingly TAREKELKAFRAwr MK and
TAREK EID OMARdirected their managers to use cash sales transactions to realize unreported
incomebull
53 ~AREK ELKAFRAWIand TAREK BIDOMAR manipulated the SABLE systemin
the Evansvillerestaurantmuch morebrazenlythan in theToledo-arearestaurants because of
certain exploitablecharacteristics of the SABLEsystem
54 Manipulations also affected employees salaries Starting in 2004 and continuing
through the present TAREK ELJltAFRAWI MK and TAREK ErO OMARdirected managers
to automatically deduct30 minutes fromalmost every employees time card daily in the Pointof
Sale systemsusing the BmiddotSO1 programs ability to edit entries
Manipulatiag Profit and Loss Statemenl$
55 The goal of these schemeswas to divert money from the restaurants actual gross
income into the personal accounts ofTAREK ELKAFRAWI and MK as unreported and
untaxed income As part of the schemeto laundermoney and evade federal state and local
taxes TAREK ELKAFRAWIMKbull KMand TAREK EID OMAR also directedaccountants
=iMlN nlM
PAGE 0115OS232012 1144 4192447104 WTOL NEWS I
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16
and bookkeepers to manipulatethe profit and loss statements (hereinafterPampLs) and balance
sheets for their various corporations
56 A PampL is a physical or electronic documentdetalHng how a corporations gross
income is transformed into the net income It displays the reported gross income for a specific
period oftime and the costs and expenses charged against this income The purpose is to show
interestedpartieswhetherthe corporation lost Or made money The accountants created the PampL
statements using data providedby TAREK ELKAFRAWI and MK and relied on those PampLs to
filecorporate taxes
57 That data wasculled from various sources MK helped create the PampLspreadsheets
by providing the documents to the managersand then received the completed weekly
spreadsheets via email Upon receiving the PampL spreadsheets the restaurant managers added in
reported total sales laborcosts for the staff invoicesfor food and supplies food discountsand
manager voids However the managers salaries end the restaurants rent expenses were entered
in the spreadsheet by MK and could not be altered by other employees Included in the
spreadsheetportioncreated by MK were some budgetary lines containing debits for categories
that simply did not exist as businessexpenses Thenumbers provided by MK were inflated
For example the LimaIHOP PampLlisted a gross total ofapproximately$ ]500 per week for
managers salaries However the number that MK entered into the PampL for managers salary
was $2100 per week Likewise the amount paid in rent was consistently inflated in excessof
actual rent payments for the tHOP restaurants The spreadsheets were then submitted to the
accountantswho created the PampL TAREK ELKAFRAWI reviewed the final PampL and made
revisions to further hide his efforts to divert profits
41l44flI14 WIUL NcW~
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17
58 Byknowingly entering inaccurate infonnation into the PampLs TAREK ELKAFRAWI
MK KM and the store managersactingat their direction in effect manipulated the tax
burden levied on their corporation byfederal state and local governments
59 Furthermore as II result of the PampLmanipulation the net profits Were artificially
deflated to minimize the amount of royalties and rent paid to IHOP Corporate
Defrauding Worken Compensation
60 Beginning in approximately2003 TAREK ELKAFRAWI MK and KM set up
various schemes to defraud BWC and lowerthe amount they had to pay into the Workers
Compensation system BWCpayments helpcover the cost of injuries to employees whoare hurt
on the job and functions as a ferm of insurance for a company The percentageof wagespaid by
the employerare relatedto the type of business a companydoes the number of employees the
number of claims in prior reporting periodsand other factors to arrive at a semi-annual figure
owed by a company
61 From 2004 to the present TAREK ELKAFRAWIand MK manipulated some of the
factors used by awe to determine an employers premiumsfor its employees For instance
since managers premiumsare calculated at a higher rate because their salaries are greaterthan
other employees TAREKELKAFRAWI MK and KM devised a scheme to lower manager
reporting to zero(0) likewise a cooks premium would be calculated at a higher rate because
they work in moredangerous situations thanwaitresses TAREK ELKAFRAWI MK and
KM developedwaysto manipulate the reporting ofemployees average weekly salaries Also
although overtime and tips are calculated by BWCTAREK ELKAFRAWI MK and KM
WIUL NtW~41 j~441~4~o~~pound~l~ 1144
Case 312-cr-OD262middotDAK Doc 1 Filed 052212 18 of 65 PagelD 18
18
deviseda schemeto avoid includingthose two factors in the final equation to fraudulently
understate premiums owed to awe
62 During2004 MK and KM submitted the semi-annual reports in person at the
Toledo office ofBWC The paymentswere made via check which triggered an electronic funds
transfer from IHOP bank accounts to BWe accounts In 2005 awc switched to an electronic
filing system
63 MK directedKM to use the averageof the lowest weekly payroll to calculatethe
semi-annual wage figure despite the fact that Bwe regulations required an average ofall weekly
wage figures for the reporting period By submitting only an average of the lowest weeks
TAREK ELKAFRAWI MK and KM deflatedthe wage figure
64 To further depress the numbers MK told KM to omit the salaries ofmanagers and
tips and then deductmore from the total Generally this manipulationdecreased the final wage
figure by an additional twenty percent(20)
6 From 2004 to the date of this indictment TAREK ELKAFRAWI was made awareof
the paymentfigure regardless of who filed the form and directed each paymentto be lower than
the previousone
66 DespiteTAREK ELKAFRAWls seeminglyarbitrarY calculus this reportingfigure
could be audited by awe The department required all businesses to file a Form 941 which
listed employees wages and taxes paid every90 days for the purpose ofpaying federal taxes
67 The Fonn 941 was created for BWC using Profit and Loss sheets MICROS and
payrollrecordsand was generally consistentwith those documents
WTOL NEWS PAGE 0415OS232012 1144 4192447104
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68 During an audit BWe could request the Form 941 and compare those numbers with
the numbers provided to awe
69 Between 2004 and 2009 KM received noticesof Bwes intention to audit various
Toledo IHOP locations Each timea notice was receivedKM TAREK ELKAFRAWI and
MK simplyignored it Threeof the auditswere never perfonned by BWC
70 BWe did audit the Findlay IHOP in 2007 fora two-year period Originally it was
determined that the restaurant owed over $55)000 in unpaidawe premiumsfor that timeperiod
71 In orderto avoid paying these premiums KM amendedtherestaurant)s worksheet
deletingmanagersnames from the list of employees and fraudulently listing the managers 8S
officersof the corporation that owned Findlayand therefore we~ exempt from payingworkers
compensation premiums However the Articles of Incorporation were not changed to list these
managers as corporate officers
72 Bymaking this change at the direction ofTAREK ELKAfiRAWI KM reportedly
reduced the amount of premiums owed awe to approximately i35000 When AunrMN LEE
TANGAS learned of thisscheme rather than reporting it to IHOP Corporate either the crime or
the addition of newofficersas required by corporate policy she told KM Youjust saved
TAREKs a-
73 In 2007 in response to the auditTAREKELKAFRAWI MK and KMcreated the
Terry Elk Group all managers weretransferred to that company and put on its payroll The
Terry Elk Group was created byKM at thedirection ofTAREK ELKAFRAWIto further
minimize payments to awe
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20
74 Although each of the seven identifiedmop restaurants transferred money to the
Terry Elk Groupto pay salaries for managers the Terry Elk Group never paid awe taxes
75 TAREK ELKAFRAWIand MK were officers of the Terry Elk Group and TAREK
ELKAFRAWland AUTUMN LEETANGAS both told KM that this was a great solution to
avoid payingBWC
76 The falsification of recordsand thecreation of the Terry Elk Group resulted in an
underpaymentofapproximately S2S0OOO to BWe
Document FJ1lud
77 TAREK ELKAFRAWI MK and TAREK EID OMAR further manipulated the
accounts of the IHOPrestaurants in order to laundermoney through false payouts and
fraudulentlyreported transactions
78 TAREK ELKAFRAWI MKand TAREK EID OMAR used a system of payouts
in the fonn of paper receipts deposited in the cash registers to reflect further unreported cash
withdrawals While these receipts were ostensibly for occasional items such as landscaping
charges extra food ingredients or supplies jn reality most payouts were not for services
rendered but weremerely cash withdrawals TAREK ELKAFRAWI MK and TAREK EID
OMAR directed managers to create payout slips to cover cash withdmwals and use the payout
slips to justify the withdrawals as business expenses to the accountants
Insurance Fraud
79 In 2008 the Findlay IHOP burned as a result of arson The fire was intentionally
started by JOSE LEON-GONZALEZ and individuals unknown to the Grand Juryat the direction
PAGE El6 5 WTOL NEWSOS232012 1144
Case 312-cr-00262-DAK Doc 1 Filed 0522112 21 of 65 PagelD 21
21
and orderofTAREK ELKAFRAWI and MK to facilitate insurance fraud schemes by TAREK
ELKAFRAWI
80 TAREK ELKAFRAWIsubmitted approximately $136million in fraudulent
insurance claims for firedamage to the restaurant The receipts submitted to the insurance
company reflected overcharges charges for work never doneworkdone at artificially inflated
prices and for fraudulent payroll claimsand lost income Additionally TAREK ELKAFRA WI
created wholly fictitious invoices and diverted thosepayments to his personal use
Rebate Fraud
81 TAREK ELKAFRAWIandMK used a varietyofadditional accounting
manipulations to affect the franchises balancesheets For example TAREKELKAFRAWI
often personally received rebate checks from food and beverage vendors reflecting the large
amountsofmoneyspent with theircompanies Thesechecksweremailed directly to TAREK
ELKAFRAWIs homes in Toledo and Evansville ratherthan delivered to the intended restaurant
The amounts were substantial Tropicanas annual rebate was approximately $12000 Cocashy
Colas annual rebate was approximately $7500 US Foods annual rebate was approximately
$80000 and Pepsis annual rebatewasapproximately S55000 From2004 to the date oftbis
indictment the total amount of rebate payments received by TAREK ELKAFRAWI exceeded
SIIOOOOO
82Before 2005TAREK ELKAFRAWI simplyused this money for personal expenses
However after 2005 TAREK ELKAFRAWIoccasionally reinvested the rebate money into the
franchises as a loan from officer
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22
83 Under this scheme TAREK ELJltAFRAWI was essentiallyclaimingthe corporations
money for himself8Jld loaning it back to the businesswhilenot reporting the rebate money as
personal income This generated an additional unwarranted liability for the corporation receiving
the loan while TAREK ELKAFRAWI would take a personal loss on his taxesfor the unpaid
loan Thus the overall tax liability for the company and for TAREK ELKAFRAWI was
fraudulently lowered
Other Schemes to Defraud
84 Thebalance sheet was also affectedby claimingremodelingcosts as a liability instead
of an asset IHOP Corporatemandated that each restaurant be remodeled every five years Per
JHOP Corporate policy this costs a franchise approximately $70000 Under standard
accountingpractices this remodel should be considered an appreciation However TAREK
ELKAFRAWI regularly directed the accountants to claimthis expense as repair and
maintenance considered a liability
85 In September2010 ManagementServices the accountantsused by TAREK
ELKAFRAWI questioned a $40000 remodelingof the Evansville restaurant completedin 2007
TAREK ELKAFRAWI lied to the accountantsthat the $40000was a personal loan from a
businesspartner Management Services then issuedcheckstotaling $40000 to the business
partner TAREK ELKAFRAWI took these checks for his own purposes
86 TAREK ELKAFRAWI also used the restaurants to obtain loans that he would
otherwisenot beable to secure TAREK ELKAFRAWIapplied for loans using well-performing
IHOP restaurants as collateral for the loans then used those loans to pay for improvements on his
other (HOPrestaurants
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23
87 The improperbenefitreceived arose from the fact that each restaurant is an
independent corporation Knowing that certainIHOP restaurants such as Findlay would be
unable to securea loanTAREK ELKAFRAWIwould apply for a loan using a corporation for a
healthyrestaurant likeLima Once he hadsecured that loan he wouJd use the money on the
unqualified restaurant
88 Thusthe healthy restaurant wouJd cany a loss in the form of an outstanding loan on
its books lowering its tax liabilities while the other restaurantenjoyed the use of the loan
without having to report the transferof funds as profit
89 TAREKELKAFRAWI furtherusedschemes to transfer moneyobtained from IHOP
Corporate intended to benefitone restaurant to the use of another restaurant or directly to
himself
90 Forinstance advertising and marketing revenue would be used byTAREK
ELKAFRAWIand MK in a mannersimilar to the rebate checks In 2007 TAREK
ELKAFRAWIsubmitted a fraudulent invoicereflecting the purchase of an advertising sign for
CentrallHOP for$13500when in facthe only spent $3500 on the sign He receiveda check
fromIHOPCorporate for $13500and pocketed the difference TAREK ELiltAFRAWI
thereafterreported the remaining $ J0000 as a loan ftom officer and not taxable income
9Jbull TAREK ELKAFRAWI and MK also used the CentraliHOPs advertising budget
provided by li-fOP Corporate to pay for all of the northwest Ohio ]HOPs marketing They
would inflateCentrals invoice with the Invoices for the five other restaurantsand then send that
aggregate invoice to HOP Corporate
PAGE 091 505232012 1144 4192447104 WTOL NEWS
Case 312-cr-00262-DAK Doc 1 Filed OS2212 24 of 65 PagelD 24
24
MediearelWelfarerrax Fraud
92 TAREK ELKAFRAWI MK and TAREKEID OMAR together and separately
devised schemesto personaltycollectmedical and welfarebenefits for which they did not
qualifyand sanctioned employees to do so as well
93 Using an alternate identity MK split his salary between two paychecks creating a
lower reportableincomefor each identity Usingthese dual identities MK has to date claimed
approximately $140000 in Medicaid paymentsand $35000 in food stamps and welfare benefits
from the State of Ohio
94 To further these schemesTAREK ELKAFRAWI and MK created a false property
management companythrough which MK paid rent to TAREK ELKAFRAWI in order to
show less income BothTAREK ELKAFRAWIand MK created and submitted false payroll
checks and financial documentsto support the fraudulent claims
95 TAREK ELKAFRAWI and MK also sanctionedand encouraged employees to file
fraudulent claims KHALED YOUSEF TAREK EID O~ RAMIZ AWWAD and JAMIL
MOHAMMED AWWAD were told by TAREK ELKAFRAWI and MK how to minimizetheir
payrollearnings throughthe use of multipleidentities in order to claim benefits TAREK
ELKAFRAWI toldTAREK EID OMARto eitherstart fraudulently claiming welfare or quit
having children
96 These manipulations to income revenue and payroll were reflectedin erroneousand
fraudulent tax statements to the Internal RevenueService TAREK ELKAFRAW1 directed
accountants to file his personal and corporate lax returns based on this fraudulent information in
an attempt to minimize and obscure his true incomeand tax liabilities
PAGE 10 5WTOL NEWS4192447104OS232012 1144
Case 312-cr-00262-DAK Doc 1 Filed 052212 25 of 65 PagelD 25
25
Money Laundering Schemes
97 Inorder to hideandconceal thesourceof the proceedsof the wire fraud schemes
TAREK ELKAFRAWI KELLY ELKAFRAWI MK and TAREK EID OMAR engaged in real
estatetransactions
98 TAREK ELKAFRAWI loaned TAREKEID OMARand previous Evansville mop
managers YS andAA approximately S50OOO to purchase a gas station in Evansville Indiana
usingfunds derived solely from TAREK ELKAFRAWrs rnop franchises
99 To conceal the source and nature of the funds used to purchasethe gas station located
at 600North Burkhardt Road Evansville Indiana TAREK ELKAFRAWI transferred
approximately SSOOOO to TAREK EIDOMAR Y S and AAwhich theyused to purchase the
gasstation
100Using laundered assets fromthe IHOP restaurants TAREK ELKAFRAWI and
KELLY ELKAFRAWI purchased homes at l0400 Tecumseh Drive Newburgh Indiana and
J4745 Prairie Lake Drive Toledo Ohio
101 Likewise MK purchased the following properties using funds from bankaccounts
in his various names 2510 Live Oak Road Sylvania Ohio 4027 Meadowgreen DriveSylvania
Ohio 7129 Sandy Springs Road Maumee Ohio and4837 SpringbrookDriveToledo Ohio
The funds were proceeds of the fraudulent schemes
102 Finally from 2004to the date of this indictment TAREK ELKAFRAWIsent
proceeds of fraudulent IHOP transactions overseas by carrying them on his person usingbank
acccunts ownedandcontrolled byTAREKEIDOMARand others knownto the Orand Juryand
using Western Union accounts operated by TAREK EIDOMARand SM (not charged in this
41 1pound44 (1~4 WIUL N~W~
Case 312-cr-00262~DAK Doc 1 Filed 0522112 26 of 65 PagelO 26
26
indictment) Those funds have been used in part to purchase real estate and to make investments
in Egypt
All in violation of Title 18 United States Code Section I956(h)
COVNTl
(Conspiracy to HarborAliens Title 8 UsC Sections t324(a)(l)(AXiii) and I324(a)(1)(AXv)(I)
The Orand Jury furthercharges that
I03 Paragraphs 1-16and 18-I02 are re-alleged and hereby incorporated by referenceas if
fully set forth herein
104 From at least as early as January2004 the exact date to the Grand Jury unknown
through at least December31 2011 in the Northern District of Ohio Western Division and
elsewhere the DefendantsTAREK ELKAFRAWI KELLY ELKAFRAWI AU11JMN LEE
TANGAS MK JOSE LEONmiddotGONZALEZ aka Jose Leon aka Jose Vargas aka Juan Vargas
aka Edwin MartelTAREK ElD OMAR CARLOS GAMBOA KHALED YOUSEF RAMIZ
AWWAD aka Ray JAMIL MOHAMMAD AWWAD KHALIL ABOUDAKKA MAHMOUD
ALI MOHAMED HASSANDONNAJ HARRIOIT LUCKY WILLIAMS and CESAR
AVILA did knowingly and intentionally combine conspire and confederate with each other and
with others known and unknown to the Grand Jury to conceal harbor and shield from detection
one or more aliens namely FJV-PJOSE LEON-GONZALEZ aka lose Leon aka Jose Vargas
aka Juan Vargas aka Edwin Martel MT-C C V V-A S L CESAR AVILA CARLOS
GAMBOAE M A M A G F G J LNU J LNU and approximately two hundred other
aliens known to the Grand Jury In several buildings including but not limited to the Perrysburg
PAGE 12 5WTOL NEWSOS232012 1144 4192447104
Case 312-cr-00262-DAK Doc 1 Flied 052212 27 of 65 PagelD 27
27
Findlay Lima Airport Highway Central Talmadge and Evansville JHOPs as wellas 801 Hiltop
and 4020 RoyerRoad in ToledoOhio knowingand in recklessdisregard of the fact that the
aUen(s) had cometo entered and-remained in the United States In violation of law
A) 11 waspart of the conspiracy that the managers of (HOP restaurants
would hire undocumented aliens to workat the mops after clearingthe
hires with MK or TAREKELKAFRAWI
B) It was further part ofthe conspiracy that undocumented aliens would be
paid in cashuntil theyobtained fraudulent immigration and workdocuments
C) It was funher part of the conspiracy that co-conspirators sometimes would
assist the aliensin finding lodging and in cashing checksat the mop
or bankinginstitutions
D) It was further part oCthe conspiracy that undocumented aliens often would
be paid usinga fake name Or check name
E) It was further part of the conspiracy that the undocumented aliens sometimes
would be transported to other HOP restawant locations to work
F) It was further part ofthe conspiracy that co-conspirators sometimes would
assign to the undocumented aliens the socialsecurity numbers and personal identifierS of
former employees to shield the illegalworkers from discovery
All in violation of Title 8 United States Code Sections 1324(a)(l)(A)(iii) and
1324(a)(1 )(A)(v)(I)~
PAGE 13 5WTOL NEWSOS232012 1144 4192447104
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28
WVNTS3~7
(Mail Fraud Title 18USCbull Section 1341)
The Grand Jury furthercharges that
t OS The allegatiens contained in paragraphs Imiddot16 and 18middot02 of this Indictment are reo
allegedand hereby incorporated by referenceas if fully set forth herein
106 From on or about August 192003 to the dateof this Indictment in the Northern
District or OhioWestern Division and elsewhere TAREK ELKAFRAWI AUTUMNLEE
TANGAS andMK (not charged in this Indictment) devisedand intended to devise a scheme
and artifice to defraud IHOPCorporateand to obtain money and property by meansof materially
false and fraudulent pretensesrepresentations and promises
MANNER AND MEANS
107It waspart of the scheme that TAREK ELKAFRAWI through the use of the
MICROS system knew that sales were obtainedby IHOP Corporate on 8 weeklybasis through an
automatic remote uploading ofdata TAREK ELKAFRAWI knew that IHOP Corporateused the
weeklynet sales figures to determine the weeklyroyalty and rent amount owed byeach franchise
likewisehe knewthat IHOPCorporatedid not examine the weekly deductions from grosssales
that resulted in the net sales figures
108 In fact prior to 2004 TAREK ELKAFRAWI receivedregular IHOP Corporate
reviewsof the operating expensesand balancesheets that showed the costs deducted from gross
sales reflected in net sales After AUlUMN LEETANGAS became FBC in 2004 such thorough
PAGE 14 5WTOL NEWSOS232012 1144 4192447104
Case 312-Cf-00262-DAK Doc 1 Filed 0522112 29 of 65 PagelD 29
29
reviews ceased entirely TAREKELKAFRAWI thereafter devised various schemesto
manipulate the MICROS system in order to create lower-than actual weekly net sales
109Onesuch schemewas to simply tum the MICROS system otT so sales werenot
recorded
110Additionally TAREK ELKAFRAWI instructed his lHOP managers to voidsales
entirelyor to givesignificant discounts to tickets after the ticket had been paid for by thecustomer
and closed
11 J Othercosts chargedagainst grosssales includedunit promotions contests
maintenance andpayouts for whichno documentation was provided In fact these were cash
distributions toTAREK ELKAFRAWI and other employees representingunreported income
112TAREK ELKAFRAWI also woulddeposit rebatecheeks from vendors into the
CentrallHOP account however he would direct his accountants to reflect the deposit as a loan
from officer rather than as incomefrom a rebate This fraudulent representation created an
additional debt on the balance sheet of Central JHOP thus giving the appearancethat the
restaurantwas encumbered with debt and operating expenses and not profitable
1t3 Asa result of these schemes TAREK ELKAFRAWI created the appearance through
his weeklysalesfigures that the CentrallHOP store wasseverely underperforming
114 SInce 2007 TAREK ELKAFRAWI with the help of AUruMN LEETANGAS
applied for rentand royalty reliefpayments from IHOPCorporate Based on the fraudulent
weeklynet sales reports and the annual recommendation of AUlUMN LEE TANOASTAREK
ELKAFRAWIreceived approximately $2300 a week in rentas well as royaltyrelief from HOP
Corporate to which he otherwisewJ not entitled
OS232012 1144 4192447104 WTOL NEWS PAGE 15 5
Case 312-cr-00262-DAK Doc 1 Filed 052212 30 of 65 pagelD 30
30
116 ThesereHefpayments werememorialized in annualcontractsamending the franchise
agreement for eachyear to retlect the newrelief payment agreement Thesecontracts were mailed
from mop Corporate headquarters in Glendale California to Toledo Ohio after the FBCand
RD memos were submitted and approved
117 Onor abouteach of the dates set forth below in the Northern District of Ohio
Western Division and elsewhere for the purpose of executing and attempting to execute the
abovedescribed scheme and artifice 10defraud DefendantsTAREK ELKAFRAWI and
AUTUMNLEE TANOAS knowingly caused to be placed into any post office or authorized
depository for mail matterany matteror thingto be sentand deliveredby the US Postal Service
and caused to be deposited any matterto be sent or delivered by privateand commercial interstate
carrier the following matterfrom Glendale California to Toledo Ohioeach mailing constituting
a separate count
COVNT3
~ SENDER MAJLMATIER
September 24 2007 IHOP Corporate mailing of Amended ReliefContract
COUNL4
June5 2008 IHOPCorporate mailing ofAmended ReliefContract
COUNTS
August 172009 lHOP Corporate mailing of Amended Relief Contract
CQUNT6
May 25 20)0 IHOP Corporate mailing of Amended Relief Contract
OS232012 1149 4192447104 WTOL NEWS PAGE 0115
Case 312-cr-00262-DAK Doc 1 Filed 052212 31 of 65 PagelD 31
31
COuNT 7
May 162011 IHOPCorporate mailing of Amended Relief Contract
All in violation ofTitle l8 United States Code Section 1341
COUNTS
(Health Care FraudTitle 18 USC Sections 1347and 2)
The Grand Jury further charges that
118The allegations contained in 1-16and 18-102of this Indictment are re-allegedand
herebyincorporated byreferenceas if fullyset forth herein
119Using the methodsdescribed in Paragraphs 60-78 TAREK ELKAFRAWr and
others known to the Orand Jury submitted fraudulent reports to BWe resulting in BWe
undercbarging the Airport Highway IHOP
120 From on or about June 4 2004 to the date of this Indictment in the NorthernDistrict
of Ohio Western Division and elsewhere TAREK ELKAFRAWI and others known to the
Orand Jury having devised and intendingto devise B scheme and artifice to defraud the Ohio
Bureauof Workers Compensation (BWe) a healthcare benefit program as defined in Title 18
United States CodeSection24(b) of money by means ofmateriaJly false representations and
promises that was and is in connectionwith the paymentfor health care benefits items IUId
services did knowingly and willfully execute the aforesaid scheme
In violation of Title 18 UnitedStates Code Sections 1347and 2
PAGE 0215WTOL NEWSOS232012 1149 4192447104
Case 312-cr-00262-DAK Doc 1 Filed 052212 32 of 65 PagelD 32
32
COLlNT9
(Health Care FraudTitle 18 USC Sections 1347and 2)
The Orand Jury further charges that
121 The allegations contained in paragraphs )-16 and 18102 of this Indictmentare reo
alleged and herebyincorporatedby reference as if fully set forth herein
122 Using the methodsdescribed in Paragraphs60-78 TAREK ELKAFRAWI and
others known to the Orand Jury submitted fraudulent reports to Bureau of Workers Compensation
(BWC)resulting in BWe undercharging theTalmadge IHOP
123 From on or about June 4 2004 to the date of this Indictment in the Northem District
ofOhio Western Divisionand elsewhere TAREK ELKAFRAWI and others known to the
Grand Jury having devised and intendingto devisea scheme and artifice to defraud the Ohio
awe a health carebenefit program as defined in Title )8 t United States CodeSection 24(b) of
moneyby means of materially false representations and promises that was and is in connection
with the paymentfor health care benefits hems and services did knowinglyand willfullyexecute
theaforesaid scheme
In violation of Title 18 UnitedStatesCode Sections 1347 and 2
CQUNTlll
(Health Care FraudTitle 18USC Sections 1347and 2)
The Orand Jury further charges that
124 Theallegations contained in paragraphs 1-16 and 18-102 of this Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
PAGE 0315WTOL NEWSOS232012 1149 4192447HI4
Case 312-cr-00262-DAK Doc 1 Filed 0522112 33 of 65 PagelD 33
33
125 Using themethods described in Paragraphs 60-78 TAREK ELKAFRAWI and
others known to the OrandJury submitted fraudulent reports to BWC resulting in BWC
undercharging the Lima IHOP
126 From on or about August 31 2007 through the date of this Indictment in the
Northern District of Ohio Western Divisionand elsewhereTAREK BLKAFRAWIand others
known to the GrandJury havingdevisedand intendingto devise a scheme and artifice to defraud
the Ohio Bureau of Workers Compensation (BWe) a health care benefit program as defined in
Title 18 United StatesCode Section24(b) of money by means of materially false
representations and promises that wasand is in connection with the payment for health care
benefits items and services did knowingly and willfullyexecute the aforesaid scheme
In violationof Title 18UnitedStates Code Sections 1347and 2
COUNT 11
(Health Care Fraud Title 18 USC Sections 1347and 2)
The Grand Jury furtherchargesthat
127The allegations contained in paragraphs 1-16and 18-102of this Indictment are reshy
allegedand herebyincorporated by reference as if fully set forth herein
128 Using the methods described in Paragraphs60-78 TAREK ELKAFRAWI and
others known to the OrandJury submitted fraudulent reports to Bwe resulting in awe
undercharging the Findlay IHOP
129 From on or aboutMay 102004 through the date of this Indictment in the Northern
Districtof Ohio Western Division and elsewhere TAREK ELKAFRAWI and others knownto
theGrand Jury havingdevised and intending to devise a scheme and artifice to defraud the Ohio
Bureau of WorkersCompensation (BWe) a health care benefit program as defined in Title 18
4) lL44Hl4 WIUL NIW~
Case 312-cr-00262-DAK Doc 1 Filed 052212 34 of 65 PagelD 34
34
United StatesCode Section 24(b) of moneyby meansof materially false representations and
promises that wasand is in connection with the payment for healthcare benefits items and
services did knowingly and willfully execute the aforesaidscheme
In violation of Title 18 United States Code Sections 1347and 2
CoUNT12
(Health Care Fraud Title 18USC Sections 1347and 2)
The Orand Jut)I further charges that
130 The allegations contained in paragraphs Imiddot] 6 and 18-]02 of this Indictmentare reshy
alleged and hereby incorporated by reference as iffulJy set forth herein
13 l Usingthe methods described in Paragraphs 60-78 TAREK ELKAFRAWI and
others knownto the Orand Jury submitted fraudulent reports to BWe resulting in awe
undercharging the Central IHOP
132 From onor about February 28 2005 through the date of this Indictment in the
Northern Districtof Ohio Westem Division and elsewhere TAREKELKAFRAWI and others
known to the Grand Juryhavingdevisedand intending to devisea scheme and artifice to defraud
the Ohio Bureau of Workers Compensation (BWC) a health care benefitprogram as defined in
Title 18 United States CodeSection24(b) of money by means ofmaterially false
representations and promises that was and Is in connection with the paymentfor health care
benefits items and services did knowingly and willfully executethe aforesaid scheme
In vioJation of Title 18 United States Code Sections 1347and 2
41 I~4411~4 WIUL N~W~
Case 312middotcr-00262middotDAK Doc 1 Filed 052212 35 of 65 pagelO 35
3S
COUNT 13
(HealthCare Fraud Title 18 USC Sections 1347 and 2)
The Grand Jury furtherchargesthat
133The allegationscontained in paragraphs 1middot16 and 18middot102 of this Indictment are reshy
alleged and herebyincorporated by reference 8$ if fullyset forth herein
134 Using the methodsdescribed in Paragraphs 6Q78 TAREK ELKAFRAWI and
others known to the GrandJury submitted fraudulent reports to awc resulting in awe
undercharging the Perrysburg JHOP
135 From on or about August 30 2005 through the date ofthis Indictment in the
Northern District of Ohio Western Division and elsewhere TAREK ELKAFRAWI and others
known to the GrandJury having devised and intending to devise a scheme and artifice to defraud
the Ohio Bureauof WorkersCompensation(BWC) a health care benefit program as defined in
Title 18 United States Code Section 24(b) of money by means of materially false
representations and promises that was and is in cenneetlon with the payment for health care
benefits items and services did knowinglyand willfullyexecute the aforesaid scheme
In violationofTitle 18United StatesCode Sections 1347 and 2
COUNTS 14-17
(Mail Fraud Title 18 USC Section J341)
The Grand Jury furthercharges that
136 The allegations containedin paragraphs 1-16 and 18middot102 of this Indictmentare reshy
alleged and hereby incorporatedby referenceas if fully set forth herein
131 Fromon or about January 30 20ll through on or about April 10201 I in the
Northern District of Ohio Western Division and elsewhere Defendants TAREK ELKAFRAWI
PAGE 061lbWIDe NEWS~b1L32012 1149
Case 312-cr-00262-DAK Doc 1 Filed 052212 36 of 65 PagelD 36
36
and TAREK EIDOMARdevised and intended to devisea scheme and artifice to deframiddotud and to
obtain moneyfrom THOP Corporate by meansof materially false and fraudulent pretenses
representations and promises
MANNER AND MEANS
(t was part of the schemeand artifice that
]38 Using the methods described in Paragraphs 46-54 and 71-78 TAREK ELKAFRAWI
and TAREK EIDOMARmanipulated the SABLE Pointof Sale system to fraudulently report
debits and charges in order to hide the removal of cashdirectly from the Evansville IHOP
TAREK EID OMARat the direction of TAREKELKAFRAWI would then producea fraudulent
PampL report and mail it using the United States PostalService to provide that report to
Management Services in Wichita Falls Texas
139 Onor about each ofthe dates set forth below in the Northern District of Ohio
Western Division andelsewhere for the purpose ofexecutingand attempting to executethe
above described scheme and artifice to defraudTAREK ELKAFRAWI and TAREK EID OMAR
knowingly caused to be placed into any post office or authorized depository for mail matterany
matteror thingto besent and delivered by the US Postal Services and caused to be deposited any
matter to be sent or delivered by privateand commercial interstatecarrier the following matter
from Toledo Ohioand Evansville Indianato WichitaFallsTexas each mailingconstituting a
separate count
COUNT 14
Mm SENDER MAIL MAUER
January 302011 TAREK EID OMAR PampL report
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Case 312-cr-00262-0AK Doc 1 Filed 0522112 37 of 65 PagelD 37
37
COUNT 15
February14 2011 TAREK BID OMAR PampL report
COUNT 16
March 28 20II TAREKEID OMAR PampL report
COUNT 17
April 102011 TAREK EJD OMAR PampL report
All in violation ofTitle 18UnitedStates Code Sections 341 and 2
COUNT 18
(Use of Fire to Commit a Felony Title 18 USC Sections 844(h) and 2)
TheGrand Jury further charges that
140The allegations contained in paragraphs 1-16 and 18-102 ofthis Indictmentarc reshy
alleged and hereby incorporatedby reference as if fully set forth herein
141On or about August 10 and II 2008 [n the Northern Districtof Ohio Westem
DivisionTAREK ELKAFRAWI and JOSE LEON-GONZALEZ knowingly used fire to commit
Mail Fraud a felony prosecutable in a court of the United States
In violation ofTitle 18 United States Code Sections 844(h) and 2
COUNTl2
(Malicious Use of Fire Title 18 USC Sections 844(i) and 2)
The Grand Jury further charges that
142 The allegations contained in paragraphs 1-16and 18-102 ofthls Indictmentare reo
alleged and hereby incorporated by reference as if fully set forth herein
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38
143 On or about August 10and II 2008 in the Northern District of Ohio Western
Division TAREK ELKAFRAWIand JOSE LEON-GONZALEZ maliciously damaged bymeans
of fire and explosivematerialsa buildinglocated at 7777 Countymiddot Road 136 Findlay Ohio used
in interstatecommerce
In violation of Title 18 UnitedStates Code Sections 844(i) and 2
coUNtS 0-28
(Mail FraudTitle] 8 USCSection 1341)
The Grand Jury furthercharges that
144 The allegations containedin paragraphs 1-16and I8-102 of this lndictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
145 Fromapproximately the month of July 2008 the exact date unknownto the Grand
Jury through On or about October 27 2009 in the Northern District of Ohio Western Division
and elsewhereTAREK ELKAFRAWI devisedand intended to devise 8 scheme and artifice to
defraudFarmers InsW1J1ce Group and to obtain moneyand property by meansof false and
fraudulent pretenses representations and promises
146 It was part of the schemeand artificeto defraud that TAREK ELKAFRAWI would
submit traudulent invoices to FarmersInsuranceGroup under PolicyNumber 602926772 for
work that was not performed or performed at a lower invoice
147It was a furtherpart of the scheme and artifice that TAREK ELKAFRAWI submitted
claims forpayroll costs that were completely illusorybecause the requested claimswere for
periods the restaurant was closed and had no employees
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39
148 It was a furtherpart of the sc erne and artifice that all checks were sent directly to
TAREKELKAFRAWI at the Terry Elk G~OUP not the Findlay lHOP
149On or about each of the dates bet forth below in the Northern District of Ohio
Western Division and elsewhere for the Jurpose of executing and attempting to execute the
above described scheme and artifice to delud TAREK ELKAFRAWI knowinglycaused to be
placed into any post office or authorized dlpository for mail matterany matter or thing to be sentI
and dellvered by the US Postal Service Jd caused to be deposited any matter to be sent or
delivered by private and commercial inters~te carrier the following matter from the state of
Illinois to Toledo Ohio each mailingcon~itUting a separate count
October 17 2008
October22 2008
January 262009
October21 2009
September22 2008
January 26 2009
SENDER
Fanners Insurance
Farmers Insurance
Farmers Insurance
Farmers Insurance
FarmersInsurance
Farmers Inswance
CO 20
M61LMAmR
$S5947S 1check to Terry Elk Group
21
I $45581367 check to Terry Elk Group
~ I $24444302 check to Terry Elk Group
~ I $2262384 check to Terry Elk Group
bOUNTM
I $2500000 check to Terry Elk Croup
~ $15684795 check to Terry Elk Group
PAGE 1015WTOL NEWS05232012 1149 4192447104
Case 312-cr-00262-DAK Doc 1 Filed 05122112 40 of 65 pagelD 40
40
COUNT 26
October ~ I 2009 Farmers Insurance $4285205 check to Terry Elk Group
COUNT 27
February 172009 Farmers Insurance $20867200check to Terry Elk Group
COUNT 21
October 27 2009 FarmersInsurance $15226400 check to Terry Elk Group
All in violationofTitle 18 United States Code Section 1341
COUNT 29
(Aggravated IdentityTheft Title 18 USC Section 1028A and 2)
The OrandJury furthercharges that
ISO The allegations contained in paragraphs 1-16and 18~102 of this Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
J51 Onorabout October9 2007 in the Northem District of9hlo Western Division
TAREK ELKAFRAWI did knowinglyuse without lawftllauthority a means of identification of
another personduring and in relation to the commission ofWire Fraud a violation ofride 18
United States Code Section 1343
In violation of Title 18 United States Code Sections I028A(a)(1) and 2
CQVNT30
(Aggravated Identity Theft T~tle is USC Section l028A and 2)
The Grand Jury further charges that
152 The allegations eontained in paragraphs 1-16 and 18-102 of this Indictment are reshy
alleged and hereby incorporated by reference as if fully set forth herein
05232012 1149 4192447104 WTOL NEWS PAGE 111 5
Case 312-cr-Q0262~DAK Doc 1 Filed 052212 41 of 65 PagelD 41
41
153 On or about May 192008 in the Northern District of Ohio Western Division
TAREK ELKAFRAWIdid knowingly use without lawfulauthoritya means of identification of
another personduringand in relation to the commission of Wire Fraud a violation ofTitle 1g
United StatesCodeSection I~43
In violation of TitJe J8 UnitedStates Code Sections 1028A(a)(I) and 2
COUNT31
(Aggravated IdentityTheftTitle 18USC Section J028A and 2)
The Orand Jury furthercharges that
154 The allegations contained in paragraphs 1-l6- and 18middot102 of this Indictment are reshy
alleged and herebyincorporated by reference as if fully set forth herein
155 On or aboutJuly 132Q09 in the Northern District of Ohio Western Division
TAREK ELKAFRAWIj did knowingly use without lawfuJ authority a means of identification of
another personduring and in relation to the commission of Wire Fraud a violation of Title 18
United StatesCodeSection 1343
In violationofTitle 18 United States Code Sections 1028A(aXl) and 2
COlNT32
(Aggravated IdentityTheft Title 18USC Sectlon J028A and 2)
The Grand Jury furthercharges that
J56 Theallegations contained in paragraphs1-16and 184 J02 of this Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
157On or about May3l 2009 in theNorthern Districtof Ohio Western Division
TAREK ELKAFRAWI did knOWingly use without lawful authoritya means of identification of
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Case 312-cr-00262-DAK Doc 1 Flied 0522112 42 of 65 PagelD 42
42
another person during and in relation to the commission of Wire Fraud a violation of Title 18
United States Code Section 1343
In violation ofTitle 18 United States Code Sections 1028A(a)(I) and 2
COUNT 33
(Aggravated Identity Theft Title 18 UsC Section l028A and 2)
The GrandJury further charges that
138 The allegationscontainedin paragraphs 1-16 and 18-]02 of this Indictment are reshy
alleged and herebyincorporated by reference as if fullyset forth herein
159 On or about October 22008 in the Northern District of Ohio Westem Division
TAREK ELKAFRAWI did knowingly use without lawfulauthority a means of identification of
another personduring and in relation to the commission of Wire Fraud a violationof Title 18
United States Code Section 1343
In violationof TItle ]8 United States Code Sections 1028A(a)(I) and 2
CQVNT34 (Aggravated IdentityTheft Title 18 USC Section 1028A and 2)
The Grand Jury furtherchargesthat
160 The allegationscontained in paragraphs 1-16and 18-102ofthis Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
16t Onor about January27 2008 in the Northern District of Ohio WesternDivision
TAREK ELKAFRAWI did knowinglyuse without lawfulauthority a means of identification of
anotherpersonduringand in relation to the commissionofWire Fraud a violation ofTitJe 18
United States Code Section 1343
In violation of Title 18United States Code Sections l028A(a)(1) and 2
I I
WTOL NEWS PAGE 13115OS232012 1149 4192447104 I
Case 312-cr-00262-DAK Doc 1 Filed 052212 43 of 65 PagelD 43
43
COUNT 35 (AggravatedIdentityTheft Title 18USC Section 1028A and 2)
The Grand Jury further charges that
162The allegations contained in paragraphs I-16 and 18-102 of this Indictment are reshy
alleged and herebyincorporated by reference as jf fully set forth herein
163On or about March 72009 in the NorthernDistrict of Ohio Western Division
TAREK ELKAFRAWI and KHALED YOUSEF did knowinglyuse without lawful authority a
means of identification of another personduringand in relation to the commission of Wire Fraud
a violation of Title 18 United States Code Section 1343
In violationof Title 18 United States Code Sections 1028A(a)(1)and 2
COUNT 36
(Aggravated IdentityTheft Title 18 USC Section 1028Aand 2)
The GrandJury further charges that
164 The allegations contained in paragraphs 1-16 and 18-102 of this Indictmentare reshy
allegedand hereby incorporated byreferenceas if fully set forth herein
16S On or about March tS 2009 in the Northern District of Ohio Western Division
TAREK ELKAFRAWI and KHALED YOUSEF did knowinglyuse without lawful authority a
means of identification of another person duringand in relation to the commission of WireFraud
a violation of Title 18United States Code Section 1343
In violation ofTitle 18United States Code Sections l028A(a)(1) and 2
~~~~2012 1149 4192447104 wloe NEWS
Case 312-cr-00262-0AK Doc 1 Filed 052212 44 of 65 PagelD 44
44
COUNT 37
(Aggravated Identity The~ Title 18 USC Section l028A and 2)
The GrandJury further charges that
166 Theallegations contained in paragraphs 1-16 and 18-] 02 of this Indictment are reshy
alleged and hereby incorporated byreference as if fully set forth herein
167 On or aboutJuly 21 2009 in the Northern District of Ohio Western Division
TAREK ELKAfRAWI and RAMIZAWWAO did knowingly use without lawful authority a
means of identification of anotherperson duringand in relation to the commission of WireFraud
a violation of Title 18United States Code Section 1343
In violation ofTitle 18 UnitedStates Code Sections l028A(a)(1) and 2
cOUNT38
(Aggravated Identity TheftTitle 18 USC Section 1028A and 2)
The Grand Juryfurthercharges that
168Theallegations contained in paragraphs 1-16 and t8-102 of this Indictment are reshy
alleged and hereby incorporated by reference 8S if fully set forth herein
169 On or about July 132009 in the NorthernDistrict ofOhio WesternDivision
TAREK ELKAFRAWIand IAMIL MOHAMMED AWWAD did knowingly use withoutlawful
authority a meansof identification of another person during and in relation to the commission of
Wire Fraud a violation ofTitle 18 United States Code Section 1343
In violation of Title 18 United States CodeSections l028A(a)(1) and 2
11 4l 41 l~44 IUl4 WIUL NIWl
Case 312-cr-00262-DAK Doc 1 Filed 0522112 45 of 65 PagelD 45
45
COUNT 39
(Identity Theftt Title 18 USC Sections 1028 and 2)
The Grand Jury further charges that
170 The allegationscontained in paragraphs 1-16 and 18-102 of this Indictment are reshy
alleged and hereby incorporated by reference as if fully set forth herein
171 On or about December132010 in the Northern District orOhio Western Division
TAREKELKAFRAWI and DONNA J HARRIOTTt did knowingly use in or affectinginterstate
or foreigncommerce without lawful authority a means of identification ofanother person to wit
s social securitynumber and date of birth with the intent to commit or to aid or abet or in
connectionwith any unlawful activitythat constitutes Wire Fraud 8 violation of 18USC
sect1343 and the offense involved the useof an authentication feature that is or appears to be an
identification document or authentication feature issued by Or under the authority of the United
States
All in violation ofTitle 1St United States Code Sections 1028(a)() (b)(l )(A)(l) and (f)
and 2
COUNI40
(Identity Theft Title 18USCbull Sections 1028and 2)
TheGrand Juryfurther chargesthat
172The allegationscontained in paragraphs 1-16 and J8middot102 of this Indictment are reo
allegedand hereby incorporated by referenceas if fully set forth herein
173On or about May42010 in the Northern District ofOhio Western Division
TAREK ELKAFRAWI and SARA RINEBOLT did knowingly use in or affecting interstate or
Case 312-crmiddot00262-DAK Doc 1 Filed 052212 7 of 65 PagelD 7 ~
7
(b) to knowingly conduct and attempt to conduct a financial transactionaffecting
interstateand foreign commerce whichinvolved the proceeds of a specified unlawful activity
that is Mai I Fraudpursuant to 18 UsC sect1341 with the intent to engage in conductconstituting
a violation of26 USC sect 7201 to wit evasion ofpaymentof taxes and that while conducting
and attemptingto conduct such financial transactionknew that the property involvedin the
financial transaction represented the proceedsof some form of unlawful activity in violalion of
Title 18~ United States Code Section 19S6(a)(1)(A)(ii)i and
(c) to knowingly conduct and attempt to conduct financial transactionsaffectinginterstate
commerceand foreign commercewhichtransactions involved the proceeds of Ii specified
unlawful activitythat is Mail Fraud pursuant to 18 USC sect1341 knowingthat the transactions
were designedin whole or In part to concealand disguise the nature Iocanon source ownership
andcontrol of the proceeds of said specifiedunlawful activity and that while conductingand
attemptingto conduct such financial transactions knew that the property involved in the fm811cial
transactionsrepresentedthe proceedsof some fonn of unlawful Beth-it) in violationof Title 18
UnitedStates Code Section 1956(a)(I)(8)(i) and
(d) to transport transmit W1d transfer and attempt to transport transmit and transfera
monetary instrument or funds involvingthe proceedsofa specified unlawful activity that is Wire
Fraud pursuantto 18 USC sect 1343~ from a place in the United States to or through a place
outside the United Statesknowing that the funds Involved in the transportation transmission
and transferrepresented the proceedsof some fonn of unlawful activity and knowing that such
transportation transmission and transfer was designed in whole Or in part to conceal and
disguise the nature locationsource ownershipand control of the proceeds of said specified
l13tLlpZ5tlSM3N lOlM9tL13 397d
Case 312-cr-00262middotDAK Doc 1 Filed 0522112 8 of 65 PagelD 8 ~
8
unlawful activjry in violation of Title 18 United States Cyene Section 956(a)(2)(B)(i)
MANNER AND MEANS OF THEICONSPlRACY
18The mannerand means used to accomplish the bjectives of the conspiracy included
among others the folJowing
Koowiag Emplo)meat of U1eFaJ Aliens
19 From approximately December 18 2003 to the ~~te of this indictment the
Defendants TAREK ELKAFRAWITAREK BID OMARKELLY ELKAFRAWI and
AUTUMNLEE TANGASemployed over 200 illegal alieqs to workat the seven identifiedI
IHOP restaurants At the directionofTAREKELKAFRAWI and others known to the Orand i
Jury most of these aliens used fraudulent or stolen identificrtions while working at theseven
IHOP restaurants
20 Inorder to locateand recruit these illegal aliensIfAREK ELKAFRAWIand MK
employed several individualsknown to the Orand Jury inclyenSing but not limited to CARLOS I
GAMBOA JOSE LEON-GONZALEZ aka Jose Leon aka fose Vargas aka Juan Vargas aka
Edwin Martel FV-P and SL (not charged in this indictme~t) to recruit Illegal aliensto work at
IHOP and to IU1BJ1ge for theirarrival at one of the seven id~tified IHOP restaurants I
21 When an iHega] alien arrivedas an employee thelmanagerof the HOP at the I
directionof TAREK ELKAFRAWI MK or KM would nter the alien into the MICROS
system usingeithera fraudulent identification or II name alreadyin the systemi
22 If the illegal alien had falsepaperwork or dceumentatlon the manager would accept it I
without verifying its legitimacy conversely if the illegal aliep did not have documentation
TAREK ELKAFRAWI MK or KM would arrange for C~RLOS GAMBOA JOSE LEONshyI
Case 312-cr-00262~DAK Doc 1 F=i1ed 0522112 9 of 65 PagelO 9
9
GONZALEZ FV-P 0[ others known to the Grand Jury to obtain frCudulent documcntation for
the illegal alien
23 Additionally to further the scheme to harbor and conceal the identity of the illegal
aliens TAREK ELKAFRAWIand MK would individually and personallydirect managers and
others known to the Grand Jury to cash the payroll checks of illegal aliens
24 TAREKELKAFRAWl and MK also would cash payrollcheckscfallens against
their personalbank accounts in order to help conceal the presence of illegalaliens Likewise
TAREK BLKAFRAWI authorized managers to cash payroll checks at the restaurants for illegal
alienemployees
25 It was COmmon practicefor TAREK ELKAFRAWI MK KMbulland TAREK EID
OMAR to assign multiple identities to employees for the purpose of employeesavoiding taxes or
receiving govenunentbenefits as well as to avoidpaying employees overtime wages
26 As a result of hiringand harboring illegal aliens TAREK ELKAFRAWI and MK
wereable 10 manipulate the wages of employeesreported to the Internal RevenueService for
purposes ofundelTeporting theirpayroll tax liability
27 Further by employingandharboring iJ legal aliens TAREK ELKAFRAWI and MK
manipulated Form94 reports to theBureau of WorkersCompensation for the State of Ohio
(hereinafteraWe) thus drastically reducing the franchises bi-annual payments to the state
agency
28 Further by employing and harboring illegal aliens TAREK ELKAFRAWI and MK
wereable to underpay manipulateand minimize the amount of money they actually paid to the
illegal aliens knowing the aliens would not complain or report them to law enforcement
SM3N lOlMpound150 391d
Case 312middotcr-00262-DAK Doc 1 Filed 052212 10 of 65 pagelD 10
10
Understating Income
29 The schemes described in Paragraphs 19 through 28 further allowed TAREK
ELKAFRAWI MK K M and TAREKEID OMARto createan environment ill which the
managers were expected to manipulate the Pointof Sale systems to reduce the weekly netsales
figures
30 ByartificiallY deflating the net sales figures TAREK ELKAFRAWI and coshy
conspirators defrauded IHOP Corporateby paying a smalleramount of rent and royaJties to
JHOP Corporate than was actually owed furthermore the franchises qualified for rebates and
relief assistance payments from IHOP Corporate for which theyotherwisewould not have been
eligible
31 Asa resultof the underreporting of incomeandmanipulation of wages resulting from
the hiring andharboring of illegal aliensTAREKELKAFRAWl and MK as owners and
operators of the seven identified IHOP restaurants aidedand abetted by KM and AUWMN
LEETANOAS generated over$12 million in unreported income
32 Toconceal the existence of unreported income andto promote the continuance of the
schemefacilitated by the alien harboring TAREKELKAFRAWI and MKengaged in a
continuing courseof wirefraud by electronically transferring assets and fundsto credit cards in
the names of the mop franchises to a shellcorporation that is the TerryElk Groupto other
cornmerclal investments to bank accounts opened in the names of false fraudulent and stolen
identities to foreign and domestic properties and to foreign bank accounts
ColJusion with the FBC
33 In order to conceal the nature of the wire fraud TAREKELKAFRAWI MK and
srat 391d SM3N lOLM
Case 312-cr-00262-DAK Doc 1 Flied 052212 11 of 65 PagelD 11 bull to II bull
11
KM enlisted AUTUMN LEE TANGAS the FBe for the regionto minimize the likelihood that
IHOP Corporate would question the weekly net sales figures underreported bythe seven
IdentifiedJHOP restaurants
34 Specifically in December2003TAREK ELKAFRAWI enteredinto an agreement
with AUTUMN LEETANGAS in which AUTUMN LEETANOAS friend LR (not charged
in this indictment) would receive health benefits and paychecks in return for AUTUMN LEE
TANGAS making an undocumented investment in the FindlayIHOP
35 Prior to the December 182003 purchase of the Findlay IHOP byTAREK
ELKAFRAWI AUTUMN LEETANOAS had informed TAREK ELKAFRAWIthat IHOP
Corporateneededto find a suitable purchaser for the Findlay poundHOP AUTUMN LEE TANOAS
knew that TAREK ELKAFRAWI did not have the financial ability to purchase the franchise at
that time hut that she herself did However AUTUMN LEETANGAS knew that because of
her position 8$ FBC she was precludedby IHOP Corporate from investing in any franchise
36 Inreturn for providingTAREK ELKAFRAWI$50000 to purchase the Findlay
IHOP AUTUMN LEETANGAS friend LRwas listed as minority owner of the Airport
Highway mop and receivedweekly paychecks andhealth benefits from that corporation despite
the fact that she never worked as an employee there
37 On or about December6 2004 AUTUMN LEE TANGAS deposited a $5000 check
drawn on the Airport HighwayIHOP account(and signedby TAREK ELKAFRAWI) into her
bank accountas a partial return on her sub rgainvestment in the Findlay IHOP
38 On or about April 23 2005 AUTUMN LEE TANOAS depositeda $40000cashiers
check from TAREK ELKAFRAWls personal bankOld National Bank in Evansville lndiana
5poundtt G10GpoundG509tH 39Vd SM3N lOlM
I
Case 312~cr-00262middotDAK Doc 1 Filed 052212 12 of 65 PagelO 12
12
into her bank account as ~ partial return on her investment in the Findlay IHOP
39 AUTUMN LEETANGAS failed to inform lHOP Corporateof her financial
relationship witheitherLR or TAREK ELKAFRAWI
40 On or about June 8 2005 AUTUMNmiddot LEETANOAS deposited a $20000 check
drawn on the Airport Highway IHOP account (andsignedby TAREK ELKAFRAWI) into her
bankaccount as a final return on her investment ill the FindlayJHOP Since that investment
AUTUMN LEETANGAS hal continued to serveas FBC for the restaurants owned and operated
by 1AREK ELKAFRAWI and othersknown to the Grand Jury During that time those
restaurants wereneveraudited nor were their sales losses or financial performances questioned
41 IHOPCorporate also was not notified of a fire at the FindlaylHOP in 2008 that
resulted in approxhnately $136 million in damage claims by TAREK ELKAFRAWI and the
closureof the location for three months Such information is the type ofmaterial information
IHOP Corporate expects FBCs to collect and provide in reports to headquarters
42 On multiple occasions known to the Grand Jury AUTUMN LEETANGAS informed
managers of the Toledo-area IHOPs that she knewthat a numberof illegal aliens worked for the
lHOPsownedand operated by TAREKELKAFRAWIand madestatements to persons known
to the Grand Jury that everyone wouldbe in trouble if that fact became known
43 Pan afthe incomplete and erroneous infcrmation provided by AUTUMN LEE
TANGAS to IHOPCorporate included her filing yearly reports recommending that lHOP
Corporate subsidize the Central Avenue IHOP by providing a weekly credit ofapproximately
$2300 This credit referred to as a reliefpayment was supposedto be used to lessen the burden
of payingweekly rent and royalty payments for an underperforming restaurant Originally
SIC1 3911d SM3N lOlM
I
Case 312-crmiddot00262-DAK Doc 1 Filed 0522112 13 of 65 PagelO 13
13
intended by mop Corporate to be a temporary short-term paymentused in extraordinary
circumstances through the attestations andsupport of AUTUMN LEETANGAS theCentral
IHOP received credits for overfive years Asa resultTAREKELKAFRAWIpersonally
realizedover$500000 in revenue that otherwise would have been retained by mop Corporate
44 Additionally the annual reports supporting on-goingrellefpayments enabled TAREK
ELKAFRAWI and MK to justify declining sales which in actuality were a direct result of
Point of Sale system manipulations and otherfrauds rather than a marketcondition affecting the
franchise
45 Protected from IHOPCorporate scrutiny TAREKELKAFRAWI MK and KM
directedand controlled several ongoingwirefraud schemes involving the finances of their IHOP
franchises These wire fraudschemes faU intothe following categories Point of Salesystem
manipulations of the grossand net sales and fraudulent reporting of assets and liabilities to skew
the performance of certain restaurants thereby qualifying them for IHOPCorporate benefits
false reporting to ewe and payroll manipulations to enable improperhealthand welfare
benefits
Point of Sales MauipulatloD
46 In addition to the aboveschemes from approximately 2004 to the dateof this
indictment TAREK ELKAFRAWI MK and TAREK EID OMARpersonally directed
managers to manipulate the Pointof Sale systems in order to remove cash from the stores 8S
unreported income
47 TAREK ELKAFRAWI and MK directed the Point of Sales system remotely
through the use of software that gave them full access and controlof the Pointof Salessystem
SM3N lOLM
Case 312-cr-00262-DAK Doc 1 Filed 0522112 14 of 65 PagelD 14 )4
from their homes Since approximately 2010-20]) TAREK ELKAFRAWI and MK have used
softwarecalled Team Viewer This software was installed on the home computers ofTAREK
ELKAFRAWI and MK in 2010 and 2011 respectively shortlyafter the latestMICROS system
was installed on all [HOP computers
48 One of the schemes to defraud was to manually reset the internal clock and calendar
of the MICROSsystem For instance on a Monda) the MICROS system would be set two days
ahead this would essentially pausethe system from downloading and compilingthe sales
figWes Thus although on that Wednesday the MICROS system would recognize the sales
recorded for Monday Tuesday and Wednesday and create aggregate statistics for those three
days the fact that the system was paused for thosedays allowed managers to manipulateor
under-report all of the cash transactions because cash transactionswere recognized as open
tickets for those threedays
49 The benefit of having an openticket was significant As long as a ticket was
open a sale was not considered complete that ticket could then be manipulated or even
deleted completely Thus when the MICROS system clocks werereset any open tickets or
cash transactions could be voided in MICROS and the easb receivednot recorded
50 In addition to manipulatingthe intemalsettings of MICROS MK and TAREK
ELKAFRAWI deviseda scheme whereby the MICROSsystem would simply be turnedoff
either by MK or a manager and product sales rung up manually
5 t Like the clock-settingscheme when MICROS was off-line tickets became
unreportable so cash transactions were not recorded by the system and moniescould be received
and deposited without lUI) paper trail Such transactions were not taxed and the sales were not
SM3N lOlM
middot
Case 31Z-cr-OQ262-DAK Doc 1 Filed 052212 15 of 65 PagelD lS
]5
recorded at the IHOP Corporate level so money that would otherwise have triggered the payment
of taxes or franchise feeswas kept by TAREK ELKAFRAWI as unreported income
52 TAREK ELKAFRAWI MKand TAREK EID OMARalso manipulated the
reporting of sales through the use of coupons When a customer paid in cash the store manager
was directed to use a store coupon to reduce the ticket or void the sale completely Therefore the
difference betweenthe reduction or void was not reflected in the final sale total and could be
taken by management as unreported income Accordingly TAREKELKAFRAwr MK and
TAREK EID OMARdirected their managers to use cash sales transactions to realize unreported
incomebull
53 ~AREK ELKAFRAWIand TAREK BIDOMAR manipulated the SABLE systemin
the Evansvillerestaurantmuch morebrazenlythan in theToledo-arearestaurants because of
certain exploitablecharacteristics of the SABLEsystem
54 Manipulations also affected employees salaries Starting in 2004 and continuing
through the present TAREK ELJltAFRAWI MK and TAREK ErO OMARdirected managers
to automatically deduct30 minutes fromalmost every employees time card daily in the Pointof
Sale systemsusing the BmiddotSO1 programs ability to edit entries
Manipulatiag Profit and Loss Statemenl$
55 The goal of these schemeswas to divert money from the restaurants actual gross
income into the personal accounts ofTAREK ELKAFRAWI and MK as unreported and
untaxed income As part of the schemeto laundermoney and evade federal state and local
taxes TAREK ELKAFRAWIMKbull KMand TAREK EID OMAR also directedaccountants
=iMlN nlM
PAGE 0115OS232012 1144 4192447104 WTOL NEWS I
Case 312-cr-00262-DAK Doc 1 Filed 052212 16 of 65 PagelD 16 I bull bull
16
and bookkeepers to manipulatethe profit and loss statements (hereinafterPampLs) and balance
sheets for their various corporations
56 A PampL is a physical or electronic documentdetalHng how a corporations gross
income is transformed into the net income It displays the reported gross income for a specific
period oftime and the costs and expenses charged against this income The purpose is to show
interestedpartieswhetherthe corporation lost Or made money The accountants created the PampL
statements using data providedby TAREK ELKAFRAWI and MK and relied on those PampLs to
filecorporate taxes
57 That data wasculled from various sources MK helped create the PampLspreadsheets
by providing the documents to the managersand then received the completed weekly
spreadsheets via email Upon receiving the PampL spreadsheets the restaurant managers added in
reported total sales laborcosts for the staff invoicesfor food and supplies food discountsand
manager voids However the managers salaries end the restaurants rent expenses were entered
in the spreadsheet by MK and could not be altered by other employees Included in the
spreadsheetportioncreated by MK were some budgetary lines containing debits for categories
that simply did not exist as businessexpenses Thenumbers provided by MK were inflated
For example the LimaIHOP PampLlisted a gross total ofapproximately$ ]500 per week for
managers salaries However the number that MK entered into the PampL for managers salary
was $2100 per week Likewise the amount paid in rent was consistently inflated in excessof
actual rent payments for the tHOP restaurants The spreadsheets were then submitted to the
accountantswho created the PampL TAREK ELKAFRAWI reviewed the final PampL and made
revisions to further hide his efforts to divert profits
41l44flI14 WIUL NcW~
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17
58 Byknowingly entering inaccurate infonnation into the PampLs TAREK ELKAFRAWI
MK KM and the store managersactingat their direction in effect manipulated the tax
burden levied on their corporation byfederal state and local governments
59 Furthermore as II result of the PampLmanipulation the net profits Were artificially
deflated to minimize the amount of royalties and rent paid to IHOP Corporate
Defrauding Worken Compensation
60 Beginning in approximately2003 TAREK ELKAFRAWI MK and KM set up
various schemes to defraud BWC and lowerthe amount they had to pay into the Workers
Compensation system BWCpayments helpcover the cost of injuries to employees whoare hurt
on the job and functions as a ferm of insurance for a company The percentageof wagespaid by
the employerare relatedto the type of business a companydoes the number of employees the
number of claims in prior reporting periodsand other factors to arrive at a semi-annual figure
owed by a company
61 From 2004 to the present TAREK ELKAFRAWIand MK manipulated some of the
factors used by awe to determine an employers premiumsfor its employees For instance
since managers premiumsare calculated at a higher rate because their salaries are greaterthan
other employees TAREKELKAFRAWI MK and KM devised a scheme to lower manager
reporting to zero(0) likewise a cooks premium would be calculated at a higher rate because
they work in moredangerous situations thanwaitresses TAREK ELKAFRAWI MK and
KM developedwaysto manipulate the reporting ofemployees average weekly salaries Also
although overtime and tips are calculated by BWCTAREK ELKAFRAWI MK and KM
WIUL NtW~41 j~441~4~o~~pound~l~ 1144
Case 312-cr-OD262middotDAK Doc 1 Filed 052212 18 of 65 PagelD 18
18
deviseda schemeto avoid includingthose two factors in the final equation to fraudulently
understate premiums owed to awe
62 During2004 MK and KM submitted the semi-annual reports in person at the
Toledo office ofBWC The paymentswere made via check which triggered an electronic funds
transfer from IHOP bank accounts to BWe accounts In 2005 awc switched to an electronic
filing system
63 MK directedKM to use the averageof the lowest weekly payroll to calculatethe
semi-annual wage figure despite the fact that Bwe regulations required an average ofall weekly
wage figures for the reporting period By submitting only an average of the lowest weeks
TAREK ELKAFRAWI MK and KM deflatedthe wage figure
64 To further depress the numbers MK told KM to omit the salaries ofmanagers and
tips and then deductmore from the total Generally this manipulationdecreased the final wage
figure by an additional twenty percent(20)
6 From 2004 to the date of this indictment TAREK ELKAFRAWI was made awareof
the paymentfigure regardless of who filed the form and directed each paymentto be lower than
the previousone
66 DespiteTAREK ELKAFRAWls seeminglyarbitrarY calculus this reportingfigure
could be audited by awe The department required all businesses to file a Form 941 which
listed employees wages and taxes paid every90 days for the purpose ofpaying federal taxes
67 The Fonn 941 was created for BWC using Profit and Loss sheets MICROS and
payrollrecordsand was generally consistentwith those documents
WTOL NEWS PAGE 0415OS232012 1144 4192447104
Case 312-cr-00262-DAK Doc 1 Filed 052212 19 of 65 PagelD 19
19
68 During an audit BWe could request the Form 941 and compare those numbers with
the numbers provided to awe
69 Between 2004 and 2009 KM received noticesof Bwes intention to audit various
Toledo IHOP locations Each timea notice was receivedKM TAREK ELKAFRAWI and
MK simplyignored it Threeof the auditswere never perfonned by BWC
70 BWe did audit the Findlay IHOP in 2007 fora two-year period Originally it was
determined that the restaurant owed over $55)000 in unpaidawe premiumsfor that timeperiod
71 In orderto avoid paying these premiums KM amendedtherestaurant)s worksheet
deletingmanagersnames from the list of employees and fraudulently listing the managers 8S
officersof the corporation that owned Findlayand therefore we~ exempt from payingworkers
compensation premiums However the Articles of Incorporation were not changed to list these
managers as corporate officers
72 Bymaking this change at the direction ofTAREK ELKAfiRAWI KM reportedly
reduced the amount of premiums owed awe to approximately i35000 When AunrMN LEE
TANGAS learned of thisscheme rather than reporting it to IHOP Corporate either the crime or
the addition of newofficersas required by corporate policy she told KM Youjust saved
TAREKs a-
73 In 2007 in response to the auditTAREKELKAFRAWI MK and KMcreated the
Terry Elk Group all managers weretransferred to that company and put on its payroll The
Terry Elk Group was created byKM at thedirection ofTAREK ELKAFRAWIto further
minimize payments to awe
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20
74 Although each of the seven identifiedmop restaurants transferred money to the
Terry Elk Groupto pay salaries for managers the Terry Elk Group never paid awe taxes
75 TAREK ELKAFRAWIand MK were officers of the Terry Elk Group and TAREK
ELKAFRAWland AUTUMN LEETANGAS both told KM that this was a great solution to
avoid payingBWC
76 The falsification of recordsand thecreation of the Terry Elk Group resulted in an
underpaymentofapproximately S2S0OOO to BWe
Document FJ1lud
77 TAREK ELKAFRAWI MK and TAREK EID OMAR further manipulated the
accounts of the IHOPrestaurants in order to laundermoney through false payouts and
fraudulentlyreported transactions
78 TAREK ELKAFRAWI MKand TAREK EID OMAR used a system of payouts
in the fonn of paper receipts deposited in the cash registers to reflect further unreported cash
withdrawals While these receipts were ostensibly for occasional items such as landscaping
charges extra food ingredients or supplies jn reality most payouts were not for services
rendered but weremerely cash withdrawals TAREK ELKAFRAWI MK and TAREK EID
OMAR directed managers to create payout slips to cover cash withdmwals and use the payout
slips to justify the withdrawals as business expenses to the accountants
Insurance Fraud
79 In 2008 the Findlay IHOP burned as a result of arson The fire was intentionally
started by JOSE LEON-GONZALEZ and individuals unknown to the Grand Juryat the direction
PAGE El6 5 WTOL NEWSOS232012 1144
Case 312-cr-00262-DAK Doc 1 Filed 0522112 21 of 65 PagelD 21
21
and orderofTAREK ELKAFRAWI and MK to facilitate insurance fraud schemes by TAREK
ELKAFRAWI
80 TAREK ELKAFRAWIsubmitted approximately $136million in fraudulent
insurance claims for firedamage to the restaurant The receipts submitted to the insurance
company reflected overcharges charges for work never doneworkdone at artificially inflated
prices and for fraudulent payroll claimsand lost income Additionally TAREK ELKAFRA WI
created wholly fictitious invoices and diverted thosepayments to his personal use
Rebate Fraud
81 TAREK ELKAFRAWIandMK used a varietyofadditional accounting
manipulations to affect the franchises balancesheets For example TAREKELKAFRAWI
often personally received rebate checks from food and beverage vendors reflecting the large
amountsofmoneyspent with theircompanies Thesechecksweremailed directly to TAREK
ELKAFRAWIs homes in Toledo and Evansville ratherthan delivered to the intended restaurant
The amounts were substantial Tropicanas annual rebate was approximately $12000 Cocashy
Colas annual rebate was approximately $7500 US Foods annual rebate was approximately
$80000 and Pepsis annual rebatewasapproximately S55000 From2004 to the date oftbis
indictment the total amount of rebate payments received by TAREK ELKAFRAWI exceeded
SIIOOOOO
82Before 2005TAREK ELKAFRAWI simplyused this money for personal expenses
However after 2005 TAREK ELKAFRAWIoccasionally reinvested the rebate money into the
franchises as a loan from officer
WTOL NEWS PAGE 07 5OS232012 1144 4192447104
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22
83 Under this scheme TAREK ELJltAFRAWI was essentiallyclaimingthe corporations
money for himself8Jld loaning it back to the businesswhilenot reporting the rebate money as
personal income This generated an additional unwarranted liability for the corporation receiving
the loan while TAREK ELKAFRAWI would take a personal loss on his taxesfor the unpaid
loan Thus the overall tax liability for the company and for TAREK ELKAFRAWI was
fraudulently lowered
Other Schemes to Defraud
84 Thebalance sheet was also affectedby claimingremodelingcosts as a liability instead
of an asset IHOP Corporatemandated that each restaurant be remodeled every five years Per
JHOP Corporate policy this costs a franchise approximately $70000 Under standard
accountingpractices this remodel should be considered an appreciation However TAREK
ELKAFRAWI regularly directed the accountants to claimthis expense as repair and
maintenance considered a liability
85 In September2010 ManagementServices the accountantsused by TAREK
ELKAFRAWI questioned a $40000 remodelingof the Evansville restaurant completedin 2007
TAREK ELKAFRAWI lied to the accountantsthat the $40000was a personal loan from a
businesspartner Management Services then issuedcheckstotaling $40000 to the business
partner TAREK ELKAFRAWI took these checks for his own purposes
86 TAREK ELKAFRAWI also used the restaurants to obtain loans that he would
otherwisenot beable to secure TAREK ELKAFRAWIapplied for loans using well-performing
IHOP restaurants as collateral for the loans then used those loans to pay for improvements on his
other (HOPrestaurants
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23
87 The improperbenefitreceived arose from the fact that each restaurant is an
independent corporation Knowing that certainIHOP restaurants such as Findlay would be
unable to securea loanTAREK ELKAFRAWIwould apply for a loan using a corporation for a
healthyrestaurant likeLima Once he hadsecured that loan he wouJd use the money on the
unqualified restaurant
88 Thusthe healthy restaurant wouJd cany a loss in the form of an outstanding loan on
its books lowering its tax liabilities while the other restaurantenjoyed the use of the loan
without having to report the transferof funds as profit
89 TAREKELKAFRAWI furtherusedschemes to transfer moneyobtained from IHOP
Corporate intended to benefitone restaurant to the use of another restaurant or directly to
himself
90 Forinstance advertising and marketing revenue would be used byTAREK
ELKAFRAWIand MK in a mannersimilar to the rebate checks In 2007 TAREK
ELKAFRAWIsubmitted a fraudulent invoicereflecting the purchase of an advertising sign for
CentrallHOP for$13500when in facthe only spent $3500 on the sign He receiveda check
fromIHOPCorporate for $13500and pocketed the difference TAREK ELiltAFRAWI
thereafterreported the remaining $ J0000 as a loan ftom officer and not taxable income
9Jbull TAREK ELKAFRAWI and MK also used the CentraliHOPs advertising budget
provided by li-fOP Corporate to pay for all of the northwest Ohio ]HOPs marketing They
would inflateCentrals invoice with the Invoices for the five other restaurantsand then send that
aggregate invoice to HOP Corporate
PAGE 091 505232012 1144 4192447104 WTOL NEWS
Case 312-cr-00262-DAK Doc 1 Filed OS2212 24 of 65 PagelD 24
24
MediearelWelfarerrax Fraud
92 TAREK ELKAFRAWI MK and TAREKEID OMAR together and separately
devised schemesto personaltycollectmedical and welfarebenefits for which they did not
qualifyand sanctioned employees to do so as well
93 Using an alternate identity MK split his salary between two paychecks creating a
lower reportableincomefor each identity Usingthese dual identities MK has to date claimed
approximately $140000 in Medicaid paymentsand $35000 in food stamps and welfare benefits
from the State of Ohio
94 To further these schemesTAREK ELKAFRAWI and MK created a false property
management companythrough which MK paid rent to TAREK ELKAFRAWI in order to
show less income BothTAREK ELKAFRAWIand MK created and submitted false payroll
checks and financial documentsto support the fraudulent claims
95 TAREK ELKAFRAWI and MK also sanctionedand encouraged employees to file
fraudulent claims KHALED YOUSEF TAREK EID O~ RAMIZ AWWAD and JAMIL
MOHAMMED AWWAD were told by TAREK ELKAFRAWI and MK how to minimizetheir
payrollearnings throughthe use of multipleidentities in order to claim benefits TAREK
ELKAFRAWI toldTAREK EID OMARto eitherstart fraudulently claiming welfare or quit
having children
96 These manipulations to income revenue and payroll were reflectedin erroneousand
fraudulent tax statements to the Internal RevenueService TAREK ELKAFRAW1 directed
accountants to file his personal and corporate lax returns based on this fraudulent information in
an attempt to minimize and obscure his true incomeand tax liabilities
PAGE 10 5WTOL NEWS4192447104OS232012 1144
Case 312-cr-00262-DAK Doc 1 Filed 052212 25 of 65 PagelD 25
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Money Laundering Schemes
97 Inorder to hideandconceal thesourceof the proceedsof the wire fraud schemes
TAREK ELKAFRAWI KELLY ELKAFRAWI MK and TAREK EID OMAR engaged in real
estatetransactions
98 TAREK ELKAFRAWI loaned TAREKEID OMARand previous Evansville mop
managers YS andAA approximately S50OOO to purchase a gas station in Evansville Indiana
usingfunds derived solely from TAREK ELKAFRAWrs rnop franchises
99 To conceal the source and nature of the funds used to purchasethe gas station located
at 600North Burkhardt Road Evansville Indiana TAREK ELKAFRAWI transferred
approximately SSOOOO to TAREK EIDOMAR Y S and AAwhich theyused to purchase the
gasstation
100Using laundered assets fromthe IHOP restaurants TAREK ELKAFRAWI and
KELLY ELKAFRAWI purchased homes at l0400 Tecumseh Drive Newburgh Indiana and
J4745 Prairie Lake Drive Toledo Ohio
101 Likewise MK purchased the following properties using funds from bankaccounts
in his various names 2510 Live Oak Road Sylvania Ohio 4027 Meadowgreen DriveSylvania
Ohio 7129 Sandy Springs Road Maumee Ohio and4837 SpringbrookDriveToledo Ohio
The funds were proceeds of the fraudulent schemes
102 Finally from 2004to the date of this indictment TAREK ELKAFRAWIsent
proceeds of fraudulent IHOP transactions overseas by carrying them on his person usingbank
acccunts ownedandcontrolled byTAREKEIDOMARand others knownto the Orand Juryand
using Western Union accounts operated by TAREK EIDOMARand SM (not charged in this
41 1pound44 (1~4 WIUL N~W~
Case 312-cr-00262~DAK Doc 1 Filed 0522112 26 of 65 PagelO 26
26
indictment) Those funds have been used in part to purchase real estate and to make investments
in Egypt
All in violation of Title 18 United States Code Section I956(h)
COVNTl
(Conspiracy to HarborAliens Title 8 UsC Sections t324(a)(l)(AXiii) and I324(a)(1)(AXv)(I)
The Orand Jury furthercharges that
I03 Paragraphs 1-16and 18-I02 are re-alleged and hereby incorporated by referenceas if
fully set forth herein
104 From at least as early as January2004 the exact date to the Grand Jury unknown
through at least December31 2011 in the Northern District of Ohio Western Division and
elsewhere the DefendantsTAREK ELKAFRAWI KELLY ELKAFRAWI AU11JMN LEE
TANGAS MK JOSE LEONmiddotGONZALEZ aka Jose Leon aka Jose Vargas aka Juan Vargas
aka Edwin MartelTAREK ElD OMAR CARLOS GAMBOA KHALED YOUSEF RAMIZ
AWWAD aka Ray JAMIL MOHAMMAD AWWAD KHALIL ABOUDAKKA MAHMOUD
ALI MOHAMED HASSANDONNAJ HARRIOIT LUCKY WILLIAMS and CESAR
AVILA did knowingly and intentionally combine conspire and confederate with each other and
with others known and unknown to the Grand Jury to conceal harbor and shield from detection
one or more aliens namely FJV-PJOSE LEON-GONZALEZ aka lose Leon aka Jose Vargas
aka Juan Vargas aka Edwin Martel MT-C C V V-A S L CESAR AVILA CARLOS
GAMBOAE M A M A G F G J LNU J LNU and approximately two hundred other
aliens known to the Grand Jury In several buildings including but not limited to the Perrysburg
PAGE 12 5WTOL NEWSOS232012 1144 4192447104
Case 312-cr-00262-DAK Doc 1 Flied 052212 27 of 65 PagelD 27
27
Findlay Lima Airport Highway Central Talmadge and Evansville JHOPs as wellas 801 Hiltop
and 4020 RoyerRoad in ToledoOhio knowingand in recklessdisregard of the fact that the
aUen(s) had cometo entered and-remained in the United States In violation of law
A) 11 waspart of the conspiracy that the managers of (HOP restaurants
would hire undocumented aliens to workat the mops after clearingthe
hires with MK or TAREKELKAFRAWI
B) It was further part ofthe conspiracy that undocumented aliens would be
paid in cashuntil theyobtained fraudulent immigration and workdocuments
C) It was funher part of the conspiracy that co-conspirators sometimes would
assist the aliensin finding lodging and in cashing checksat the mop
or bankinginstitutions
D) It was further part oCthe conspiracy that undocumented aliens often would
be paid usinga fake name Or check name
E) It was further part of the conspiracy that the undocumented aliens sometimes
would be transported to other HOP restawant locations to work
F) It was further part ofthe conspiracy that co-conspirators sometimes would
assign to the undocumented aliens the socialsecurity numbers and personal identifierS of
former employees to shield the illegalworkers from discovery
All in violation of Title 8 United States Code Sections 1324(a)(l)(A)(iii) and
1324(a)(1 )(A)(v)(I)~
PAGE 13 5WTOL NEWSOS232012 1144 4192447104
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28
WVNTS3~7
(Mail Fraud Title 18USCbull Section 1341)
The Grand Jury furthercharges that
t OS The allegatiens contained in paragraphs Imiddot16 and 18middot02 of this Indictment are reo
allegedand hereby incorporated by referenceas if fully set forth herein
106 From on or about August 192003 to the dateof this Indictment in the Northern
District or OhioWestern Division and elsewhere TAREK ELKAFRAWI AUTUMNLEE
TANGAS andMK (not charged in this Indictment) devisedand intended to devise a scheme
and artifice to defraud IHOPCorporateand to obtain money and property by meansof materially
false and fraudulent pretensesrepresentations and promises
MANNER AND MEANS
107It waspart of the scheme that TAREK ELKAFRAWI through the use of the
MICROS system knew that sales were obtainedby IHOP Corporate on 8 weeklybasis through an
automatic remote uploading ofdata TAREK ELKAFRAWI knew that IHOP Corporateused the
weeklynet sales figures to determine the weeklyroyalty and rent amount owed byeach franchise
likewisehe knewthat IHOPCorporatedid not examine the weekly deductions from grosssales
that resulted in the net sales figures
108 In fact prior to 2004 TAREK ELKAFRAWI receivedregular IHOP Corporate
reviewsof the operating expensesand balancesheets that showed the costs deducted from gross
sales reflected in net sales After AUlUMN LEETANGAS became FBC in 2004 such thorough
PAGE 14 5WTOL NEWSOS232012 1144 4192447104
Case 312-Cf-00262-DAK Doc 1 Filed 0522112 29 of 65 PagelD 29
29
reviews ceased entirely TAREKELKAFRAWI thereafter devised various schemesto
manipulate the MICROS system in order to create lower-than actual weekly net sales
109Onesuch schemewas to simply tum the MICROS system otT so sales werenot
recorded
110Additionally TAREK ELKAFRAWI instructed his lHOP managers to voidsales
entirelyor to givesignificant discounts to tickets after the ticket had been paid for by thecustomer
and closed
11 J Othercosts chargedagainst grosssales includedunit promotions contests
maintenance andpayouts for whichno documentation was provided In fact these were cash
distributions toTAREK ELKAFRAWI and other employees representingunreported income
112TAREK ELKAFRAWI also woulddeposit rebatecheeks from vendors into the
CentrallHOP account however he would direct his accountants to reflect the deposit as a loan
from officer rather than as incomefrom a rebate This fraudulent representation created an
additional debt on the balance sheet of Central JHOP thus giving the appearancethat the
restaurantwas encumbered with debt and operating expenses and not profitable
1t3 Asa result of these schemes TAREK ELKAFRAWI created the appearance through
his weeklysalesfigures that the CentrallHOP store wasseverely underperforming
114 SInce 2007 TAREK ELKAFRAWI with the help of AUruMN LEETANGAS
applied for rentand royalty reliefpayments from IHOPCorporate Based on the fraudulent
weeklynet sales reports and the annual recommendation of AUlUMN LEE TANOASTAREK
ELKAFRAWIreceived approximately $2300 a week in rentas well as royaltyrelief from HOP
Corporate to which he otherwisewJ not entitled
OS232012 1144 4192447104 WTOL NEWS PAGE 15 5
Case 312-cr-00262-DAK Doc 1 Filed 052212 30 of 65 pagelD 30
30
116 ThesereHefpayments werememorialized in annualcontractsamending the franchise
agreement for eachyear to retlect the newrelief payment agreement Thesecontracts were mailed
from mop Corporate headquarters in Glendale California to Toledo Ohio after the FBCand
RD memos were submitted and approved
117 Onor abouteach of the dates set forth below in the Northern District of Ohio
Western Division and elsewhere for the purpose of executing and attempting to execute the
abovedescribed scheme and artifice 10defraud DefendantsTAREK ELKAFRAWI and
AUTUMNLEE TANOAS knowingly caused to be placed into any post office or authorized
depository for mail matterany matteror thingto be sentand deliveredby the US Postal Service
and caused to be deposited any matterto be sent or delivered by privateand commercial interstate
carrier the following matterfrom Glendale California to Toledo Ohioeach mailing constituting
a separate count
COVNT3
~ SENDER MAJLMATIER
September 24 2007 IHOP Corporate mailing of Amended ReliefContract
COUNL4
June5 2008 IHOPCorporate mailing ofAmended ReliefContract
COUNTS
August 172009 lHOP Corporate mailing of Amended Relief Contract
CQUNT6
May 25 20)0 IHOP Corporate mailing of Amended Relief Contract
OS232012 1149 4192447104 WTOL NEWS PAGE 0115
Case 312-cr-00262-DAK Doc 1 Filed 052212 31 of 65 PagelD 31
31
COuNT 7
May 162011 IHOPCorporate mailing of Amended Relief Contract
All in violation ofTitle l8 United States Code Section 1341
COUNTS
(Health Care FraudTitle 18 USC Sections 1347and 2)
The Grand Jury further charges that
118The allegations contained in 1-16and 18-102of this Indictment are re-allegedand
herebyincorporated byreferenceas if fullyset forth herein
119Using the methodsdescribed in Paragraphs 60-78 TAREK ELKAFRAWr and
others known to the Orand Jury submitted fraudulent reports to BWe resulting in BWe
undercbarging the Airport Highway IHOP
120 From on or about June 4 2004 to the date of this Indictment in the NorthernDistrict
of Ohio Western Division and elsewhere TAREK ELKAFRAWI and others known to the
Orand Jury having devised and intendingto devise B scheme and artifice to defraud the Ohio
Bureauof Workers Compensation (BWe) a healthcare benefit program as defined in Title 18
United States CodeSection24(b) of money by means ofmateriaJly false representations and
promises that was and is in connectionwith the paymentfor health care benefits items IUId
services did knowingly and willfully execute the aforesaid scheme
In violation of Title 18 UnitedStates Code Sections 1347and 2
PAGE 0215WTOL NEWSOS232012 1149 4192447104
Case 312-cr-00262-DAK Doc 1 Filed 052212 32 of 65 PagelD 32
32
COLlNT9
(Health Care FraudTitle 18 USC Sections 1347and 2)
The Orand Jury further charges that
121 The allegations contained in paragraphs )-16 and 18102 of this Indictmentare reo
alleged and herebyincorporatedby reference as if fully set forth herein
122 Using the methodsdescribed in Paragraphs60-78 TAREK ELKAFRAWI and
others known to the Orand Jury submitted fraudulent reports to Bureau of Workers Compensation
(BWC)resulting in BWe undercharging theTalmadge IHOP
123 From on or about June 4 2004 to the date of this Indictment in the Northem District
ofOhio Western Divisionand elsewhere TAREK ELKAFRAWI and others known to the
Grand Jury having devised and intendingto devisea scheme and artifice to defraud the Ohio
awe a health carebenefit program as defined in Title )8 t United States CodeSection 24(b) of
moneyby means of materially false representations and promises that was and is in connection
with the paymentfor health care benefits hems and services did knowinglyand willfullyexecute
theaforesaid scheme
In violation of Title 18 UnitedStatesCode Sections 1347 and 2
CQUNTlll
(Health Care FraudTitle 18USC Sections 1347and 2)
The Orand Jury further charges that
124 Theallegations contained in paragraphs 1-16 and 18-102 of this Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
PAGE 0315WTOL NEWSOS232012 1149 4192447HI4
Case 312-cr-00262-DAK Doc 1 Filed 0522112 33 of 65 PagelD 33
33
125 Using themethods described in Paragraphs 60-78 TAREK ELKAFRAWI and
others known to the OrandJury submitted fraudulent reports to BWC resulting in BWC
undercharging the Lima IHOP
126 From on or about August 31 2007 through the date of this Indictment in the
Northern District of Ohio Western Divisionand elsewhereTAREK BLKAFRAWIand others
known to the GrandJury havingdevisedand intendingto devise a scheme and artifice to defraud
the Ohio Bureau of Workers Compensation (BWe) a health care benefit program as defined in
Title 18 United StatesCode Section24(b) of money by means of materially false
representations and promises that wasand is in connection with the payment for health care
benefits items and services did knowingly and willfullyexecute the aforesaid scheme
In violationof Title 18UnitedStates Code Sections 1347and 2
COUNT 11
(Health Care Fraud Title 18 USC Sections 1347and 2)
The Grand Jury furtherchargesthat
127The allegations contained in paragraphs 1-16and 18-102of this Indictment are reshy
allegedand herebyincorporated by reference as if fully set forth herein
128 Using the methods described in Paragraphs60-78 TAREK ELKAFRAWI and
others known to the OrandJury submitted fraudulent reports to Bwe resulting in awe
undercharging the Findlay IHOP
129 From on or aboutMay 102004 through the date of this Indictment in the Northern
Districtof Ohio Western Division and elsewhere TAREK ELKAFRAWI and others knownto
theGrand Jury havingdevised and intending to devise a scheme and artifice to defraud the Ohio
Bureau of WorkersCompensation (BWe) a health care benefit program as defined in Title 18
4) lL44Hl4 WIUL NIW~
Case 312-cr-00262-DAK Doc 1 Filed 052212 34 of 65 PagelD 34
34
United StatesCode Section 24(b) of moneyby meansof materially false representations and
promises that wasand is in connection with the payment for healthcare benefits items and
services did knowingly and willfully execute the aforesaidscheme
In violation of Title 18 United States Code Sections 1347and 2
CoUNT12
(Health Care Fraud Title 18USC Sections 1347and 2)
The Orand Jut)I further charges that
130 The allegations contained in paragraphs Imiddot] 6 and 18-]02 of this Indictmentare reshy
alleged and hereby incorporated by reference as iffulJy set forth herein
13 l Usingthe methods described in Paragraphs 60-78 TAREK ELKAFRAWI and
others knownto the Orand Jury submitted fraudulent reports to BWe resulting in awe
undercharging the Central IHOP
132 From onor about February 28 2005 through the date of this Indictment in the
Northern Districtof Ohio Westem Division and elsewhere TAREKELKAFRAWI and others
known to the Grand Juryhavingdevisedand intending to devisea scheme and artifice to defraud
the Ohio Bureau of Workers Compensation (BWC) a health care benefitprogram as defined in
Title 18 United States CodeSection24(b) of money by means ofmaterially false
representations and promises that was and Is in connection with the paymentfor health care
benefits items and services did knowingly and willfully executethe aforesaid scheme
In vioJation of Title 18 United States Code Sections 1347and 2
41 I~4411~4 WIUL N~W~
Case 312middotcr-00262middotDAK Doc 1 Filed 052212 35 of 65 pagelO 35
3S
COUNT 13
(HealthCare Fraud Title 18 USC Sections 1347 and 2)
The Grand Jury furtherchargesthat
133The allegationscontained in paragraphs 1middot16 and 18middot102 of this Indictment are reshy
alleged and herebyincorporated by reference 8$ if fullyset forth herein
134 Using the methodsdescribed in Paragraphs 6Q78 TAREK ELKAFRAWI and
others known to the GrandJury submitted fraudulent reports to awc resulting in awe
undercharging the Perrysburg JHOP
135 From on or about August 30 2005 through the date ofthis Indictment in the
Northern District of Ohio Western Division and elsewhere TAREK ELKAFRAWI and others
known to the GrandJury having devised and intending to devise a scheme and artifice to defraud
the Ohio Bureauof WorkersCompensation(BWC) a health care benefit program as defined in
Title 18 United States Code Section 24(b) of money by means of materially false
representations and promises that was and is in cenneetlon with the payment for health care
benefits items and services did knowinglyand willfullyexecute the aforesaid scheme
In violationofTitle 18United StatesCode Sections 1347 and 2
COUNTS 14-17
(Mail Fraud Title 18 USC Section J341)
The Grand Jury furthercharges that
136 The allegations containedin paragraphs 1-16 and 18middot102 of this Indictmentare reshy
alleged and hereby incorporatedby referenceas if fully set forth herein
131 Fromon or about January 30 20ll through on or about April 10201 I in the
Northern District of Ohio Western Division and elsewhere Defendants TAREK ELKAFRAWI
PAGE 061lbWIDe NEWS~b1L32012 1149
Case 312-cr-00262-DAK Doc 1 Filed 052212 36 of 65 PagelD 36
36
and TAREK EIDOMARdevised and intended to devisea scheme and artifice to deframiddotud and to
obtain moneyfrom THOP Corporate by meansof materially false and fraudulent pretenses
representations and promises
MANNER AND MEANS
(t was part of the schemeand artifice that
]38 Using the methods described in Paragraphs 46-54 and 71-78 TAREK ELKAFRAWI
and TAREK EIDOMARmanipulated the SABLE Pointof Sale system to fraudulently report
debits and charges in order to hide the removal of cashdirectly from the Evansville IHOP
TAREK EID OMARat the direction of TAREKELKAFRAWI would then producea fraudulent
PampL report and mail it using the United States PostalService to provide that report to
Management Services in Wichita Falls Texas
139 Onor about each ofthe dates set forth below in the Northern District of Ohio
Western Division andelsewhere for the purpose ofexecutingand attempting to executethe
above described scheme and artifice to defraudTAREK ELKAFRAWI and TAREK EID OMAR
knowingly caused to be placed into any post office or authorized depository for mail matterany
matteror thingto besent and delivered by the US Postal Services and caused to be deposited any
matter to be sent or delivered by privateand commercial interstatecarrier the following matter
from Toledo Ohioand Evansville Indianato WichitaFallsTexas each mailingconstituting a
separate count
COUNT 14
Mm SENDER MAIL MAUER
January 302011 TAREK EID OMAR PampL report
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Case 312-cr-00262-0AK Doc 1 Filed 0522112 37 of 65 PagelD 37
37
COUNT 15
February14 2011 TAREK BID OMAR PampL report
COUNT 16
March 28 20II TAREKEID OMAR PampL report
COUNT 17
April 102011 TAREK EJD OMAR PampL report
All in violation ofTitle 18UnitedStates Code Sections 341 and 2
COUNT 18
(Use of Fire to Commit a Felony Title 18 USC Sections 844(h) and 2)
TheGrand Jury further charges that
140The allegations contained in paragraphs 1-16 and 18-102 ofthis Indictmentarc reshy
alleged and hereby incorporatedby reference as if fully set forth herein
141On or about August 10 and II 2008 [n the Northern Districtof Ohio Westem
DivisionTAREK ELKAFRAWI and JOSE LEON-GONZALEZ knowingly used fire to commit
Mail Fraud a felony prosecutable in a court of the United States
In violation ofTitle 18 United States Code Sections 844(h) and 2
COUNTl2
(Malicious Use of Fire Title 18 USC Sections 844(i) and 2)
The Grand Jury further charges that
142 The allegations contained in paragraphs 1-16and 18-102 ofthls Indictmentare reo
alleged and hereby incorporated by reference as if fully set forth herein
WTOL NEWS PAGE 0815OS232012 1149 4192447104
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38
143 On or about August 10and II 2008 in the Northern District of Ohio Western
Division TAREK ELKAFRAWIand JOSE LEON-GONZALEZ maliciously damaged bymeans
of fire and explosivematerialsa buildinglocated at 7777 Countymiddot Road 136 Findlay Ohio used
in interstatecommerce
In violation of Title 18 UnitedStates Code Sections 844(i) and 2
coUNtS 0-28
(Mail FraudTitle] 8 USCSection 1341)
The Grand Jury furthercharges that
144 The allegations containedin paragraphs 1-16and I8-102 of this lndictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
145 Fromapproximately the month of July 2008 the exact date unknownto the Grand
Jury through On or about October 27 2009 in the Northern District of Ohio Western Division
and elsewhereTAREK ELKAFRAWI devisedand intended to devise 8 scheme and artifice to
defraudFarmers InsW1J1ce Group and to obtain moneyand property by meansof false and
fraudulent pretenses representations and promises
146 It was part of the schemeand artificeto defraud that TAREK ELKAFRAWI would
submit traudulent invoices to FarmersInsuranceGroup under PolicyNumber 602926772 for
work that was not performed or performed at a lower invoice
147It was a furtherpart of the scheme and artifice that TAREK ELKAFRAWI submitted
claims forpayroll costs that were completely illusorybecause the requested claimswere for
periods the restaurant was closed and had no employees
~~~J2012 1149 4192447104
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39
148 It was a furtherpart of the sc erne and artifice that all checks were sent directly to
TAREKELKAFRAWI at the Terry Elk G~OUP not the Findlay lHOP
149On or about each of the dates bet forth below in the Northern District of Ohio
Western Division and elsewhere for the Jurpose of executing and attempting to execute the
above described scheme and artifice to delud TAREK ELKAFRAWI knowinglycaused to be
placed into any post office or authorized dlpository for mail matterany matter or thing to be sentI
and dellvered by the US Postal Service Jd caused to be deposited any matter to be sent or
delivered by private and commercial inters~te carrier the following matter from the state of
Illinois to Toledo Ohio each mailingcon~itUting a separate count
October 17 2008
October22 2008
January 262009
October21 2009
September22 2008
January 26 2009
SENDER
Fanners Insurance
Farmers Insurance
Farmers Insurance
Farmers Insurance
FarmersInsurance
Farmers Inswance
CO 20
M61LMAmR
$S5947S 1check to Terry Elk Group
21
I $45581367 check to Terry Elk Group
~ I $24444302 check to Terry Elk Group
~ I $2262384 check to Terry Elk Group
bOUNTM
I $2500000 check to Terry Elk Croup
~ $15684795 check to Terry Elk Group
PAGE 1015WTOL NEWS05232012 1149 4192447104
Case 312-cr-00262-DAK Doc 1 Filed 05122112 40 of 65 pagelD 40
40
COUNT 26
October ~ I 2009 Farmers Insurance $4285205 check to Terry Elk Group
COUNT 27
February 172009 Farmers Insurance $20867200check to Terry Elk Group
COUNT 21
October 27 2009 FarmersInsurance $15226400 check to Terry Elk Group
All in violationofTitle 18 United States Code Section 1341
COUNT 29
(Aggravated IdentityTheft Title 18 USC Section 1028A and 2)
The OrandJury furthercharges that
ISO The allegations contained in paragraphs 1-16and 18~102 of this Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
J51 Onorabout October9 2007 in the Northem District of9hlo Western Division
TAREK ELKAFRAWI did knowinglyuse without lawftllauthority a means of identification of
another personduring and in relation to the commission ofWire Fraud a violation ofride 18
United States Code Section 1343
In violation of Title 18 United States Code Sections I028A(a)(1) and 2
CQVNT30
(Aggravated Identity Theft T~tle is USC Section l028A and 2)
The Grand Jury further charges that
152 The allegations eontained in paragraphs 1-16 and 18-102 of this Indictment are reshy
alleged and hereby incorporated by reference as if fully set forth herein
05232012 1149 4192447104 WTOL NEWS PAGE 111 5
Case 312-cr-Q0262~DAK Doc 1 Filed 052212 41 of 65 PagelD 41
41
153 On or about May 192008 in the Northern District of Ohio Western Division
TAREK ELKAFRAWIdid knowingly use without lawfulauthoritya means of identification of
another personduringand in relation to the commission of Wire Fraud a violation ofTitle 1g
United StatesCodeSection I~43
In violation of TitJe J8 UnitedStates Code Sections 1028A(a)(I) and 2
COUNT31
(Aggravated IdentityTheftTitle 18USC Section J028A and 2)
The Orand Jury furthercharges that
154 The allegations contained in paragraphs 1-l6- and 18middot102 of this Indictment are reshy
alleged and herebyincorporated by reference as if fully set forth herein
155 On or aboutJuly 132Q09 in the Northern District of Ohio Western Division
TAREK ELKAFRAWIj did knowingly use without lawfuJ authority a means of identification of
another personduring and in relation to the commission of Wire Fraud a violation of Title 18
United StatesCodeSection 1343
In violationofTitle 18 United States Code Sections 1028A(aXl) and 2
COlNT32
(Aggravated IdentityTheft Title 18USC Sectlon J028A and 2)
The Grand Jury furthercharges that
J56 Theallegations contained in paragraphs1-16and 184 J02 of this Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
157On or about May3l 2009 in theNorthern Districtof Ohio Western Division
TAREK ELKAFRAWI did knOWingly use without lawful authoritya means of identification of
OS232012 1149 4192447104 WTOL NEWS
Case 312-cr-00262-DAK Doc 1 Flied 0522112 42 of 65 PagelD 42
42
another person during and in relation to the commission of Wire Fraud a violation of Title 18
United States Code Section 1343
In violation ofTitle 18 United States Code Sections 1028A(a)(I) and 2
COUNT 33
(Aggravated Identity Theft Title 18 UsC Section l028A and 2)
The GrandJury further charges that
138 The allegationscontainedin paragraphs 1-16 and 18-]02 of this Indictment are reshy
alleged and herebyincorporated by reference as if fullyset forth herein
159 On or about October 22008 in the Northern District of Ohio Westem Division
TAREK ELKAFRAWI did knowingly use without lawfulauthority a means of identification of
another personduring and in relation to the commission of Wire Fraud a violationof Title 18
United States Code Section 1343
In violationof TItle ]8 United States Code Sections 1028A(a)(I) and 2
CQVNT34 (Aggravated IdentityTheft Title 18 USC Section 1028A and 2)
The Grand Jury furtherchargesthat
160 The allegationscontained in paragraphs 1-16and 18-102ofthis Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
16t Onor about January27 2008 in the Northern District of Ohio WesternDivision
TAREK ELKAFRAWI did knowinglyuse without lawfulauthority a means of identification of
anotherpersonduringand in relation to the commissionofWire Fraud a violation ofTitJe 18
United States Code Section 1343
In violation of Title 18United States Code Sections l028A(a)(1) and 2
I I
WTOL NEWS PAGE 13115OS232012 1149 4192447104 I
Case 312-cr-00262-DAK Doc 1 Filed 052212 43 of 65 PagelD 43
43
COUNT 35 (AggravatedIdentityTheft Title 18USC Section 1028A and 2)
The Grand Jury further charges that
162The allegations contained in paragraphs I-16 and 18-102 of this Indictment are reshy
alleged and herebyincorporated by reference as jf fully set forth herein
163On or about March 72009 in the NorthernDistrict of Ohio Western Division
TAREK ELKAFRAWI and KHALED YOUSEF did knowinglyuse without lawful authority a
means of identification of another personduringand in relation to the commission of Wire Fraud
a violation of Title 18 United States Code Section 1343
In violationof Title 18 United States Code Sections 1028A(a)(1)and 2
COUNT 36
(Aggravated IdentityTheft Title 18 USC Section 1028Aand 2)
The GrandJury further charges that
164 The allegations contained in paragraphs 1-16 and 18-102 of this Indictmentare reshy
allegedand hereby incorporated byreferenceas if fully set forth herein
16S On or about March tS 2009 in the Northern District of Ohio Western Division
TAREK ELKAFRAWI and KHALED YOUSEF did knowinglyuse without lawful authority a
means of identification of another person duringand in relation to the commission of WireFraud
a violation of Title 18United States Code Section 1343
In violation ofTitle 18United States Code Sections l028A(a)(1) and 2
~~~~2012 1149 4192447104 wloe NEWS
Case 312-cr-00262-0AK Doc 1 Filed 052212 44 of 65 PagelD 44
44
COUNT 37
(Aggravated Identity The~ Title 18 USC Section l028A and 2)
The GrandJury further charges that
166 Theallegations contained in paragraphs 1-16 and 18-] 02 of this Indictment are reshy
alleged and hereby incorporated byreference as if fully set forth herein
167 On or aboutJuly 21 2009 in the Northern District of Ohio Western Division
TAREK ELKAfRAWI and RAMIZAWWAO did knowingly use without lawful authority a
means of identification of anotherperson duringand in relation to the commission of WireFraud
a violation of Title 18United States Code Section 1343
In violation ofTitle 18 UnitedStates Code Sections l028A(a)(1) and 2
cOUNT38
(Aggravated Identity TheftTitle 18 USC Section 1028A and 2)
The Grand Juryfurthercharges that
168Theallegations contained in paragraphs 1-16 and t8-102 of this Indictment are reshy
alleged and hereby incorporated by reference 8S if fully set forth herein
169 On or about July 132009 in the NorthernDistrict ofOhio WesternDivision
TAREK ELKAFRAWIand IAMIL MOHAMMED AWWAD did knowingly use withoutlawful
authority a meansof identification of another person during and in relation to the commission of
Wire Fraud a violation ofTitle 18 United States Code Section 1343
In violation of Title 18 United States CodeSections l028A(a)(1) and 2
11 4l 41 l~44 IUl4 WIUL NIWl
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45
COUNT 39
(Identity Theftt Title 18 USC Sections 1028 and 2)
The Grand Jury further charges that
170 The allegationscontained in paragraphs 1-16 and 18-102 of this Indictment are reshy
alleged and hereby incorporated by reference as if fully set forth herein
171 On or about December132010 in the Northern District orOhio Western Division
TAREKELKAFRAWI and DONNA J HARRIOTTt did knowingly use in or affectinginterstate
or foreigncommerce without lawful authority a means of identification ofanother person to wit
s social securitynumber and date of birth with the intent to commit or to aid or abet or in
connectionwith any unlawful activitythat constitutes Wire Fraud 8 violation of 18USC
sect1343 and the offense involved the useof an authentication feature that is or appears to be an
identification document or authentication feature issued by Or under the authority of the United
States
All in violation ofTitle 1St United States Code Sections 1028(a)() (b)(l )(A)(l) and (f)
and 2
COUNI40
(Identity Theft Title 18USCbull Sections 1028and 2)
TheGrand Juryfurther chargesthat
172The allegationscontained in paragraphs 1-16 and J8middot102 of this Indictment are reo
allegedand hereby incorporated by referenceas if fully set forth herein
173On or about May42010 in the Northern District ofOhio Western Division
TAREK ELKAFRAWI and SARA RINEBOLT did knowingly use in or affecting interstate or
Case 312-cr-00262middotDAK Doc 1 Filed 0522112 8 of 65 PagelD 8 ~
8
unlawful activjry in violation of Title 18 United States Cyene Section 956(a)(2)(B)(i)
MANNER AND MEANS OF THEICONSPlRACY
18The mannerand means used to accomplish the bjectives of the conspiracy included
among others the folJowing
Koowiag Emplo)meat of U1eFaJ Aliens
19 From approximately December 18 2003 to the ~~te of this indictment the
Defendants TAREK ELKAFRAWITAREK BID OMARKELLY ELKAFRAWI and
AUTUMNLEE TANGASemployed over 200 illegal alieqs to workat the seven identifiedI
IHOP restaurants At the directionofTAREKELKAFRAWI and others known to the Orand i
Jury most of these aliens used fraudulent or stolen identificrtions while working at theseven
IHOP restaurants
20 Inorder to locateand recruit these illegal aliensIfAREK ELKAFRAWIand MK
employed several individualsknown to the Orand Jury inclyenSing but not limited to CARLOS I
GAMBOA JOSE LEON-GONZALEZ aka Jose Leon aka fose Vargas aka Juan Vargas aka
Edwin Martel FV-P and SL (not charged in this indictme~t) to recruit Illegal aliensto work at
IHOP and to IU1BJ1ge for theirarrival at one of the seven id~tified IHOP restaurants I
21 When an iHega] alien arrivedas an employee thelmanagerof the HOP at the I
directionof TAREK ELKAFRAWI MK or KM would nter the alien into the MICROS
system usingeithera fraudulent identification or II name alreadyin the systemi
22 If the illegal alien had falsepaperwork or dceumentatlon the manager would accept it I
without verifying its legitimacy conversely if the illegal aliep did not have documentation
TAREK ELKAFRAWI MK or KM would arrange for C~RLOS GAMBOA JOSE LEONshyI
Case 312-cr-00262~DAK Doc 1 F=i1ed 0522112 9 of 65 PagelO 9
9
GONZALEZ FV-P 0[ others known to the Grand Jury to obtain frCudulent documcntation for
the illegal alien
23 Additionally to further the scheme to harbor and conceal the identity of the illegal
aliens TAREK ELKAFRAWIand MK would individually and personallydirect managers and
others known to the Grand Jury to cash the payroll checks of illegal aliens
24 TAREKELKAFRAWl and MK also would cash payrollcheckscfallens against
their personalbank accounts in order to help conceal the presence of illegalaliens Likewise
TAREK BLKAFRAWI authorized managers to cash payroll checks at the restaurants for illegal
alienemployees
25 It was COmmon practicefor TAREK ELKAFRAWI MK KMbulland TAREK EID
OMAR to assign multiple identities to employees for the purpose of employeesavoiding taxes or
receiving govenunentbenefits as well as to avoidpaying employees overtime wages
26 As a result of hiringand harboring illegal aliens TAREK ELKAFRAWI and MK
wereable 10 manipulate the wages of employeesreported to the Internal RevenueService for
purposes ofundelTeporting theirpayroll tax liability
27 Further by employingandharboring iJ legal aliens TAREK ELKAFRAWI and MK
manipulated Form94 reports to theBureau of WorkersCompensation for the State of Ohio
(hereinafteraWe) thus drastically reducing the franchises bi-annual payments to the state
agency
28 Further by employing and harboring illegal aliens TAREK ELKAFRAWI and MK
wereable to underpay manipulateand minimize the amount of money they actually paid to the
illegal aliens knowing the aliens would not complain or report them to law enforcement
SM3N lOlMpound150 391d
Case 312middotcr-00262-DAK Doc 1 Filed 052212 10 of 65 pagelD 10
10
Understating Income
29 The schemes described in Paragraphs 19 through 28 further allowed TAREK
ELKAFRAWI MK K M and TAREKEID OMARto createan environment ill which the
managers were expected to manipulate the Pointof Sale systems to reduce the weekly netsales
figures
30 ByartificiallY deflating the net sales figures TAREK ELKAFRAWI and coshy
conspirators defrauded IHOP Corporateby paying a smalleramount of rent and royaJties to
JHOP Corporate than was actually owed furthermore the franchises qualified for rebates and
relief assistance payments from IHOP Corporate for which theyotherwisewould not have been
eligible
31 Asa resultof the underreporting of incomeandmanipulation of wages resulting from
the hiring andharboring of illegal aliensTAREKELKAFRAWl and MK as owners and
operators of the seven identified IHOP restaurants aidedand abetted by KM and AUWMN
LEETANOAS generated over$12 million in unreported income
32 Toconceal the existence of unreported income andto promote the continuance of the
schemefacilitated by the alien harboring TAREKELKAFRAWI and MKengaged in a
continuing courseof wirefraud by electronically transferring assets and fundsto credit cards in
the names of the mop franchises to a shellcorporation that is the TerryElk Groupto other
cornmerclal investments to bank accounts opened in the names of false fraudulent and stolen
identities to foreign and domestic properties and to foreign bank accounts
ColJusion with the FBC
33 In order to conceal the nature of the wire fraud TAREKELKAFRAWI MK and
srat 391d SM3N lOLM
Case 312-cr-00262-DAK Doc 1 Flied 052212 11 of 65 PagelD 11 bull to II bull
11
KM enlisted AUTUMN LEE TANGAS the FBe for the regionto minimize the likelihood that
IHOP Corporate would question the weekly net sales figures underreported bythe seven
IdentifiedJHOP restaurants
34 Specifically in December2003TAREK ELKAFRAWI enteredinto an agreement
with AUTUMN LEETANGAS in which AUTUMN LEETANOAS friend LR (not charged
in this indictment) would receive health benefits and paychecks in return for AUTUMN LEE
TANGAS making an undocumented investment in the FindlayIHOP
35 Prior to the December 182003 purchase of the Findlay IHOP byTAREK
ELKAFRAWI AUTUMN LEETANOAS had informed TAREK ELKAFRAWIthat IHOP
Corporateneededto find a suitable purchaser for the Findlay poundHOP AUTUMN LEE TANOAS
knew that TAREK ELKAFRAWI did not have the financial ability to purchase the franchise at
that time hut that she herself did However AUTUMN LEETANGAS knew that because of
her position 8$ FBC she was precludedby IHOP Corporate from investing in any franchise
36 Inreturn for providingTAREK ELKAFRAWI$50000 to purchase the Findlay
IHOP AUTUMN LEETANGAS friend LRwas listed as minority owner of the Airport
Highway mop and receivedweekly paychecks andhealth benefits from that corporation despite
the fact that she never worked as an employee there
37 On or about December6 2004 AUTUMN LEE TANGAS deposited a $5000 check
drawn on the Airport HighwayIHOP account(and signedby TAREK ELKAFRAWI) into her
bank accountas a partial return on her sub rgainvestment in the Findlay IHOP
38 On or about April 23 2005 AUTUMN LEE TANOAS depositeda $40000cashiers
check from TAREK ELKAFRAWls personal bankOld National Bank in Evansville lndiana
5poundtt G10GpoundG509tH 39Vd SM3N lOlM
I
Case 312~cr-00262middotDAK Doc 1 Filed 052212 12 of 65 PagelO 12
12
into her bank account as ~ partial return on her investment in the Findlay IHOP
39 AUTUMN LEETANGAS failed to inform lHOP Corporateof her financial
relationship witheitherLR or TAREK ELKAFRAWI
40 On or about June 8 2005 AUTUMNmiddot LEETANOAS deposited a $20000 check
drawn on the Airport Highway IHOP account (andsignedby TAREK ELKAFRAWI) into her
bankaccount as a final return on her investment ill the FindlayJHOP Since that investment
AUTUMN LEETANGAS hal continued to serveas FBC for the restaurants owned and operated
by 1AREK ELKAFRAWI and othersknown to the Grand Jury During that time those
restaurants wereneveraudited nor were their sales losses or financial performances questioned
41 IHOPCorporate also was not notified of a fire at the FindlaylHOP in 2008 that
resulted in approxhnately $136 million in damage claims by TAREK ELKAFRAWI and the
closureof the location for three months Such information is the type ofmaterial information
IHOP Corporate expects FBCs to collect and provide in reports to headquarters
42 On multiple occasions known to the Grand Jury AUTUMN LEETANGAS informed
managers of the Toledo-area IHOPs that she knewthat a numberof illegal aliens worked for the
lHOPsownedand operated by TAREKELKAFRAWIand madestatements to persons known
to the Grand Jury that everyone wouldbe in trouble if that fact became known
43 Pan afthe incomplete and erroneous infcrmation provided by AUTUMN LEE
TANGAS to IHOPCorporate included her filing yearly reports recommending that lHOP
Corporate subsidize the Central Avenue IHOP by providing a weekly credit ofapproximately
$2300 This credit referred to as a reliefpayment was supposedto be used to lessen the burden
of payingweekly rent and royalty payments for an underperforming restaurant Originally
SIC1 3911d SM3N lOlM
I
Case 312-crmiddot00262-DAK Doc 1 Filed 0522112 13 of 65 PagelO 13
13
intended by mop Corporate to be a temporary short-term paymentused in extraordinary
circumstances through the attestations andsupport of AUTUMN LEETANGAS theCentral
IHOP received credits for overfive years Asa resultTAREKELKAFRAWIpersonally
realizedover$500000 in revenue that otherwise would have been retained by mop Corporate
44 Additionally the annual reports supporting on-goingrellefpayments enabled TAREK
ELKAFRAWI and MK to justify declining sales which in actuality were a direct result of
Point of Sale system manipulations and otherfrauds rather than a marketcondition affecting the
franchise
45 Protected from IHOPCorporate scrutiny TAREKELKAFRAWI MK and KM
directedand controlled several ongoingwirefraud schemes involving the finances of their IHOP
franchises These wire fraudschemes faU intothe following categories Point of Salesystem
manipulations of the grossand net sales and fraudulent reporting of assets and liabilities to skew
the performance of certain restaurants thereby qualifying them for IHOPCorporate benefits
false reporting to ewe and payroll manipulations to enable improperhealthand welfare
benefits
Point of Sales MauipulatloD
46 In addition to the aboveschemes from approximately 2004 to the dateof this
indictment TAREK ELKAFRAWI MK and TAREK EID OMARpersonally directed
managers to manipulate the Pointof Sale systems in order to remove cash from the stores 8S
unreported income
47 TAREK ELKAFRAWI and MK directed the Point of Sales system remotely
through the use of software that gave them full access and controlof the Pointof Salessystem
SM3N lOLM
Case 312-cr-00262-DAK Doc 1 Filed 0522112 14 of 65 PagelD 14 )4
from their homes Since approximately 2010-20]) TAREK ELKAFRAWI and MK have used
softwarecalled Team Viewer This software was installed on the home computers ofTAREK
ELKAFRAWI and MK in 2010 and 2011 respectively shortlyafter the latestMICROS system
was installed on all [HOP computers
48 One of the schemes to defraud was to manually reset the internal clock and calendar
of the MICROSsystem For instance on a Monda) the MICROS system would be set two days
ahead this would essentially pausethe system from downloading and compilingthe sales
figWes Thus although on that Wednesday the MICROS system would recognize the sales
recorded for Monday Tuesday and Wednesday and create aggregate statistics for those three
days the fact that the system was paused for thosedays allowed managers to manipulateor
under-report all of the cash transactions because cash transactionswere recognized as open
tickets for those threedays
49 The benefit of having an openticket was significant As long as a ticket was
open a sale was not considered complete that ticket could then be manipulated or even
deleted completely Thus when the MICROS system clocks werereset any open tickets or
cash transactions could be voided in MICROS and the easb receivednot recorded
50 In addition to manipulatingthe intemalsettings of MICROS MK and TAREK
ELKAFRAWI deviseda scheme whereby the MICROSsystem would simply be turnedoff
either by MK or a manager and product sales rung up manually
5 t Like the clock-settingscheme when MICROS was off-line tickets became
unreportable so cash transactions were not recorded by the system and moniescould be received
and deposited without lUI) paper trail Such transactions were not taxed and the sales were not
SM3N lOlM
middot
Case 31Z-cr-OQ262-DAK Doc 1 Filed 052212 15 of 65 PagelD lS
]5
recorded at the IHOP Corporate level so money that would otherwise have triggered the payment
of taxes or franchise feeswas kept by TAREK ELKAFRAWI as unreported income
52 TAREK ELKAFRAWI MKand TAREK EID OMARalso manipulated the
reporting of sales through the use of coupons When a customer paid in cash the store manager
was directed to use a store coupon to reduce the ticket or void the sale completely Therefore the
difference betweenthe reduction or void was not reflected in the final sale total and could be
taken by management as unreported income Accordingly TAREKELKAFRAwr MK and
TAREK EID OMARdirected their managers to use cash sales transactions to realize unreported
incomebull
53 ~AREK ELKAFRAWIand TAREK BIDOMAR manipulated the SABLE systemin
the Evansvillerestaurantmuch morebrazenlythan in theToledo-arearestaurants because of
certain exploitablecharacteristics of the SABLEsystem
54 Manipulations also affected employees salaries Starting in 2004 and continuing
through the present TAREK ELJltAFRAWI MK and TAREK ErO OMARdirected managers
to automatically deduct30 minutes fromalmost every employees time card daily in the Pointof
Sale systemsusing the BmiddotSO1 programs ability to edit entries
Manipulatiag Profit and Loss Statemenl$
55 The goal of these schemeswas to divert money from the restaurants actual gross
income into the personal accounts ofTAREK ELKAFRAWI and MK as unreported and
untaxed income As part of the schemeto laundermoney and evade federal state and local
taxes TAREK ELKAFRAWIMKbull KMand TAREK EID OMAR also directedaccountants
=iMlN nlM
PAGE 0115OS232012 1144 4192447104 WTOL NEWS I
Case 312-cr-00262-DAK Doc 1 Filed 052212 16 of 65 PagelD 16 I bull bull
16
and bookkeepers to manipulatethe profit and loss statements (hereinafterPampLs) and balance
sheets for their various corporations
56 A PampL is a physical or electronic documentdetalHng how a corporations gross
income is transformed into the net income It displays the reported gross income for a specific
period oftime and the costs and expenses charged against this income The purpose is to show
interestedpartieswhetherthe corporation lost Or made money The accountants created the PampL
statements using data providedby TAREK ELKAFRAWI and MK and relied on those PampLs to
filecorporate taxes
57 That data wasculled from various sources MK helped create the PampLspreadsheets
by providing the documents to the managersand then received the completed weekly
spreadsheets via email Upon receiving the PampL spreadsheets the restaurant managers added in
reported total sales laborcosts for the staff invoicesfor food and supplies food discountsand
manager voids However the managers salaries end the restaurants rent expenses were entered
in the spreadsheet by MK and could not be altered by other employees Included in the
spreadsheetportioncreated by MK were some budgetary lines containing debits for categories
that simply did not exist as businessexpenses Thenumbers provided by MK were inflated
For example the LimaIHOP PampLlisted a gross total ofapproximately$ ]500 per week for
managers salaries However the number that MK entered into the PampL for managers salary
was $2100 per week Likewise the amount paid in rent was consistently inflated in excessof
actual rent payments for the tHOP restaurants The spreadsheets were then submitted to the
accountantswho created the PampL TAREK ELKAFRAWI reviewed the final PampL and made
revisions to further hide his efforts to divert profits
41l44flI14 WIUL NcW~
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17
58 Byknowingly entering inaccurate infonnation into the PampLs TAREK ELKAFRAWI
MK KM and the store managersactingat their direction in effect manipulated the tax
burden levied on their corporation byfederal state and local governments
59 Furthermore as II result of the PampLmanipulation the net profits Were artificially
deflated to minimize the amount of royalties and rent paid to IHOP Corporate
Defrauding Worken Compensation
60 Beginning in approximately2003 TAREK ELKAFRAWI MK and KM set up
various schemes to defraud BWC and lowerthe amount they had to pay into the Workers
Compensation system BWCpayments helpcover the cost of injuries to employees whoare hurt
on the job and functions as a ferm of insurance for a company The percentageof wagespaid by
the employerare relatedto the type of business a companydoes the number of employees the
number of claims in prior reporting periodsand other factors to arrive at a semi-annual figure
owed by a company
61 From 2004 to the present TAREK ELKAFRAWIand MK manipulated some of the
factors used by awe to determine an employers premiumsfor its employees For instance
since managers premiumsare calculated at a higher rate because their salaries are greaterthan
other employees TAREKELKAFRAWI MK and KM devised a scheme to lower manager
reporting to zero(0) likewise a cooks premium would be calculated at a higher rate because
they work in moredangerous situations thanwaitresses TAREK ELKAFRAWI MK and
KM developedwaysto manipulate the reporting ofemployees average weekly salaries Also
although overtime and tips are calculated by BWCTAREK ELKAFRAWI MK and KM
WIUL NtW~41 j~441~4~o~~pound~l~ 1144
Case 312-cr-OD262middotDAK Doc 1 Filed 052212 18 of 65 PagelD 18
18
deviseda schemeto avoid includingthose two factors in the final equation to fraudulently
understate premiums owed to awe
62 During2004 MK and KM submitted the semi-annual reports in person at the
Toledo office ofBWC The paymentswere made via check which triggered an electronic funds
transfer from IHOP bank accounts to BWe accounts In 2005 awc switched to an electronic
filing system
63 MK directedKM to use the averageof the lowest weekly payroll to calculatethe
semi-annual wage figure despite the fact that Bwe regulations required an average ofall weekly
wage figures for the reporting period By submitting only an average of the lowest weeks
TAREK ELKAFRAWI MK and KM deflatedthe wage figure
64 To further depress the numbers MK told KM to omit the salaries ofmanagers and
tips and then deductmore from the total Generally this manipulationdecreased the final wage
figure by an additional twenty percent(20)
6 From 2004 to the date of this indictment TAREK ELKAFRAWI was made awareof
the paymentfigure regardless of who filed the form and directed each paymentto be lower than
the previousone
66 DespiteTAREK ELKAFRAWls seeminglyarbitrarY calculus this reportingfigure
could be audited by awe The department required all businesses to file a Form 941 which
listed employees wages and taxes paid every90 days for the purpose ofpaying federal taxes
67 The Fonn 941 was created for BWC using Profit and Loss sheets MICROS and
payrollrecordsand was generally consistentwith those documents
WTOL NEWS PAGE 0415OS232012 1144 4192447104
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68 During an audit BWe could request the Form 941 and compare those numbers with
the numbers provided to awe
69 Between 2004 and 2009 KM received noticesof Bwes intention to audit various
Toledo IHOP locations Each timea notice was receivedKM TAREK ELKAFRAWI and
MK simplyignored it Threeof the auditswere never perfonned by BWC
70 BWe did audit the Findlay IHOP in 2007 fora two-year period Originally it was
determined that the restaurant owed over $55)000 in unpaidawe premiumsfor that timeperiod
71 In orderto avoid paying these premiums KM amendedtherestaurant)s worksheet
deletingmanagersnames from the list of employees and fraudulently listing the managers 8S
officersof the corporation that owned Findlayand therefore we~ exempt from payingworkers
compensation premiums However the Articles of Incorporation were not changed to list these
managers as corporate officers
72 Bymaking this change at the direction ofTAREK ELKAfiRAWI KM reportedly
reduced the amount of premiums owed awe to approximately i35000 When AunrMN LEE
TANGAS learned of thisscheme rather than reporting it to IHOP Corporate either the crime or
the addition of newofficersas required by corporate policy she told KM Youjust saved
TAREKs a-
73 In 2007 in response to the auditTAREKELKAFRAWI MK and KMcreated the
Terry Elk Group all managers weretransferred to that company and put on its payroll The
Terry Elk Group was created byKM at thedirection ofTAREK ELKAFRAWIto further
minimize payments to awe
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20
74 Although each of the seven identifiedmop restaurants transferred money to the
Terry Elk Groupto pay salaries for managers the Terry Elk Group never paid awe taxes
75 TAREK ELKAFRAWIand MK were officers of the Terry Elk Group and TAREK
ELKAFRAWland AUTUMN LEETANGAS both told KM that this was a great solution to
avoid payingBWC
76 The falsification of recordsand thecreation of the Terry Elk Group resulted in an
underpaymentofapproximately S2S0OOO to BWe
Document FJ1lud
77 TAREK ELKAFRAWI MK and TAREK EID OMAR further manipulated the
accounts of the IHOPrestaurants in order to laundermoney through false payouts and
fraudulentlyreported transactions
78 TAREK ELKAFRAWI MKand TAREK EID OMAR used a system of payouts
in the fonn of paper receipts deposited in the cash registers to reflect further unreported cash
withdrawals While these receipts were ostensibly for occasional items such as landscaping
charges extra food ingredients or supplies jn reality most payouts were not for services
rendered but weremerely cash withdrawals TAREK ELKAFRAWI MK and TAREK EID
OMAR directed managers to create payout slips to cover cash withdmwals and use the payout
slips to justify the withdrawals as business expenses to the accountants
Insurance Fraud
79 In 2008 the Findlay IHOP burned as a result of arson The fire was intentionally
started by JOSE LEON-GONZALEZ and individuals unknown to the Grand Juryat the direction
PAGE El6 5 WTOL NEWSOS232012 1144
Case 312-cr-00262-DAK Doc 1 Filed 0522112 21 of 65 PagelD 21
21
and orderofTAREK ELKAFRAWI and MK to facilitate insurance fraud schemes by TAREK
ELKAFRAWI
80 TAREK ELKAFRAWIsubmitted approximately $136million in fraudulent
insurance claims for firedamage to the restaurant The receipts submitted to the insurance
company reflected overcharges charges for work never doneworkdone at artificially inflated
prices and for fraudulent payroll claimsand lost income Additionally TAREK ELKAFRA WI
created wholly fictitious invoices and diverted thosepayments to his personal use
Rebate Fraud
81 TAREK ELKAFRAWIandMK used a varietyofadditional accounting
manipulations to affect the franchises balancesheets For example TAREKELKAFRAWI
often personally received rebate checks from food and beverage vendors reflecting the large
amountsofmoneyspent with theircompanies Thesechecksweremailed directly to TAREK
ELKAFRAWIs homes in Toledo and Evansville ratherthan delivered to the intended restaurant
The amounts were substantial Tropicanas annual rebate was approximately $12000 Cocashy
Colas annual rebate was approximately $7500 US Foods annual rebate was approximately
$80000 and Pepsis annual rebatewasapproximately S55000 From2004 to the date oftbis
indictment the total amount of rebate payments received by TAREK ELKAFRAWI exceeded
SIIOOOOO
82Before 2005TAREK ELKAFRAWI simplyused this money for personal expenses
However after 2005 TAREK ELKAFRAWIoccasionally reinvested the rebate money into the
franchises as a loan from officer
WTOL NEWS PAGE 07 5OS232012 1144 4192447104
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22
83 Under this scheme TAREK ELJltAFRAWI was essentiallyclaimingthe corporations
money for himself8Jld loaning it back to the businesswhilenot reporting the rebate money as
personal income This generated an additional unwarranted liability for the corporation receiving
the loan while TAREK ELKAFRAWI would take a personal loss on his taxesfor the unpaid
loan Thus the overall tax liability for the company and for TAREK ELKAFRAWI was
fraudulently lowered
Other Schemes to Defraud
84 Thebalance sheet was also affectedby claimingremodelingcosts as a liability instead
of an asset IHOP Corporatemandated that each restaurant be remodeled every five years Per
JHOP Corporate policy this costs a franchise approximately $70000 Under standard
accountingpractices this remodel should be considered an appreciation However TAREK
ELKAFRAWI regularly directed the accountants to claimthis expense as repair and
maintenance considered a liability
85 In September2010 ManagementServices the accountantsused by TAREK
ELKAFRAWI questioned a $40000 remodelingof the Evansville restaurant completedin 2007
TAREK ELKAFRAWI lied to the accountantsthat the $40000was a personal loan from a
businesspartner Management Services then issuedcheckstotaling $40000 to the business
partner TAREK ELKAFRAWI took these checks for his own purposes
86 TAREK ELKAFRAWI also used the restaurants to obtain loans that he would
otherwisenot beable to secure TAREK ELKAFRAWIapplied for loans using well-performing
IHOP restaurants as collateral for the loans then used those loans to pay for improvements on his
other (HOPrestaurants
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23
87 The improperbenefitreceived arose from the fact that each restaurant is an
independent corporation Knowing that certainIHOP restaurants such as Findlay would be
unable to securea loanTAREK ELKAFRAWIwould apply for a loan using a corporation for a
healthyrestaurant likeLima Once he hadsecured that loan he wouJd use the money on the
unqualified restaurant
88 Thusthe healthy restaurant wouJd cany a loss in the form of an outstanding loan on
its books lowering its tax liabilities while the other restaurantenjoyed the use of the loan
without having to report the transferof funds as profit
89 TAREKELKAFRAWI furtherusedschemes to transfer moneyobtained from IHOP
Corporate intended to benefitone restaurant to the use of another restaurant or directly to
himself
90 Forinstance advertising and marketing revenue would be used byTAREK
ELKAFRAWIand MK in a mannersimilar to the rebate checks In 2007 TAREK
ELKAFRAWIsubmitted a fraudulent invoicereflecting the purchase of an advertising sign for
CentrallHOP for$13500when in facthe only spent $3500 on the sign He receiveda check
fromIHOPCorporate for $13500and pocketed the difference TAREK ELiltAFRAWI
thereafterreported the remaining $ J0000 as a loan ftom officer and not taxable income
9Jbull TAREK ELKAFRAWI and MK also used the CentraliHOPs advertising budget
provided by li-fOP Corporate to pay for all of the northwest Ohio ]HOPs marketing They
would inflateCentrals invoice with the Invoices for the five other restaurantsand then send that
aggregate invoice to HOP Corporate
PAGE 091 505232012 1144 4192447104 WTOL NEWS
Case 312-cr-00262-DAK Doc 1 Filed OS2212 24 of 65 PagelD 24
24
MediearelWelfarerrax Fraud
92 TAREK ELKAFRAWI MK and TAREKEID OMAR together and separately
devised schemesto personaltycollectmedical and welfarebenefits for which they did not
qualifyand sanctioned employees to do so as well
93 Using an alternate identity MK split his salary between two paychecks creating a
lower reportableincomefor each identity Usingthese dual identities MK has to date claimed
approximately $140000 in Medicaid paymentsand $35000 in food stamps and welfare benefits
from the State of Ohio
94 To further these schemesTAREK ELKAFRAWI and MK created a false property
management companythrough which MK paid rent to TAREK ELKAFRAWI in order to
show less income BothTAREK ELKAFRAWIand MK created and submitted false payroll
checks and financial documentsto support the fraudulent claims
95 TAREK ELKAFRAWI and MK also sanctionedand encouraged employees to file
fraudulent claims KHALED YOUSEF TAREK EID O~ RAMIZ AWWAD and JAMIL
MOHAMMED AWWAD were told by TAREK ELKAFRAWI and MK how to minimizetheir
payrollearnings throughthe use of multipleidentities in order to claim benefits TAREK
ELKAFRAWI toldTAREK EID OMARto eitherstart fraudulently claiming welfare or quit
having children
96 These manipulations to income revenue and payroll were reflectedin erroneousand
fraudulent tax statements to the Internal RevenueService TAREK ELKAFRAW1 directed
accountants to file his personal and corporate lax returns based on this fraudulent information in
an attempt to minimize and obscure his true incomeand tax liabilities
PAGE 10 5WTOL NEWS4192447104OS232012 1144
Case 312-cr-00262-DAK Doc 1 Filed 052212 25 of 65 PagelD 25
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Money Laundering Schemes
97 Inorder to hideandconceal thesourceof the proceedsof the wire fraud schemes
TAREK ELKAFRAWI KELLY ELKAFRAWI MK and TAREK EID OMAR engaged in real
estatetransactions
98 TAREK ELKAFRAWI loaned TAREKEID OMARand previous Evansville mop
managers YS andAA approximately S50OOO to purchase a gas station in Evansville Indiana
usingfunds derived solely from TAREK ELKAFRAWrs rnop franchises
99 To conceal the source and nature of the funds used to purchasethe gas station located
at 600North Burkhardt Road Evansville Indiana TAREK ELKAFRAWI transferred
approximately SSOOOO to TAREK EIDOMAR Y S and AAwhich theyused to purchase the
gasstation
100Using laundered assets fromthe IHOP restaurants TAREK ELKAFRAWI and
KELLY ELKAFRAWI purchased homes at l0400 Tecumseh Drive Newburgh Indiana and
J4745 Prairie Lake Drive Toledo Ohio
101 Likewise MK purchased the following properties using funds from bankaccounts
in his various names 2510 Live Oak Road Sylvania Ohio 4027 Meadowgreen DriveSylvania
Ohio 7129 Sandy Springs Road Maumee Ohio and4837 SpringbrookDriveToledo Ohio
The funds were proceeds of the fraudulent schemes
102 Finally from 2004to the date of this indictment TAREK ELKAFRAWIsent
proceeds of fraudulent IHOP transactions overseas by carrying them on his person usingbank
acccunts ownedandcontrolled byTAREKEIDOMARand others knownto the Orand Juryand
using Western Union accounts operated by TAREK EIDOMARand SM (not charged in this
41 1pound44 (1~4 WIUL N~W~
Case 312-cr-00262~DAK Doc 1 Filed 0522112 26 of 65 PagelO 26
26
indictment) Those funds have been used in part to purchase real estate and to make investments
in Egypt
All in violation of Title 18 United States Code Section I956(h)
COVNTl
(Conspiracy to HarborAliens Title 8 UsC Sections t324(a)(l)(AXiii) and I324(a)(1)(AXv)(I)
The Orand Jury furthercharges that
I03 Paragraphs 1-16and 18-I02 are re-alleged and hereby incorporated by referenceas if
fully set forth herein
104 From at least as early as January2004 the exact date to the Grand Jury unknown
through at least December31 2011 in the Northern District of Ohio Western Division and
elsewhere the DefendantsTAREK ELKAFRAWI KELLY ELKAFRAWI AU11JMN LEE
TANGAS MK JOSE LEONmiddotGONZALEZ aka Jose Leon aka Jose Vargas aka Juan Vargas
aka Edwin MartelTAREK ElD OMAR CARLOS GAMBOA KHALED YOUSEF RAMIZ
AWWAD aka Ray JAMIL MOHAMMAD AWWAD KHALIL ABOUDAKKA MAHMOUD
ALI MOHAMED HASSANDONNAJ HARRIOIT LUCKY WILLIAMS and CESAR
AVILA did knowingly and intentionally combine conspire and confederate with each other and
with others known and unknown to the Grand Jury to conceal harbor and shield from detection
one or more aliens namely FJV-PJOSE LEON-GONZALEZ aka lose Leon aka Jose Vargas
aka Juan Vargas aka Edwin Martel MT-C C V V-A S L CESAR AVILA CARLOS
GAMBOAE M A M A G F G J LNU J LNU and approximately two hundred other
aliens known to the Grand Jury In several buildings including but not limited to the Perrysburg
PAGE 12 5WTOL NEWSOS232012 1144 4192447104
Case 312-cr-00262-DAK Doc 1 Flied 052212 27 of 65 PagelD 27
27
Findlay Lima Airport Highway Central Talmadge and Evansville JHOPs as wellas 801 Hiltop
and 4020 RoyerRoad in ToledoOhio knowingand in recklessdisregard of the fact that the
aUen(s) had cometo entered and-remained in the United States In violation of law
A) 11 waspart of the conspiracy that the managers of (HOP restaurants
would hire undocumented aliens to workat the mops after clearingthe
hires with MK or TAREKELKAFRAWI
B) It was further part ofthe conspiracy that undocumented aliens would be
paid in cashuntil theyobtained fraudulent immigration and workdocuments
C) It was funher part of the conspiracy that co-conspirators sometimes would
assist the aliensin finding lodging and in cashing checksat the mop
or bankinginstitutions
D) It was further part oCthe conspiracy that undocumented aliens often would
be paid usinga fake name Or check name
E) It was further part of the conspiracy that the undocumented aliens sometimes
would be transported to other HOP restawant locations to work
F) It was further part ofthe conspiracy that co-conspirators sometimes would
assign to the undocumented aliens the socialsecurity numbers and personal identifierS of
former employees to shield the illegalworkers from discovery
All in violation of Title 8 United States Code Sections 1324(a)(l)(A)(iii) and
1324(a)(1 )(A)(v)(I)~
PAGE 13 5WTOL NEWSOS232012 1144 4192447104
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28
WVNTS3~7
(Mail Fraud Title 18USCbull Section 1341)
The Grand Jury furthercharges that
t OS The allegatiens contained in paragraphs Imiddot16 and 18middot02 of this Indictment are reo
allegedand hereby incorporated by referenceas if fully set forth herein
106 From on or about August 192003 to the dateof this Indictment in the Northern
District or OhioWestern Division and elsewhere TAREK ELKAFRAWI AUTUMNLEE
TANGAS andMK (not charged in this Indictment) devisedand intended to devise a scheme
and artifice to defraud IHOPCorporateand to obtain money and property by meansof materially
false and fraudulent pretensesrepresentations and promises
MANNER AND MEANS
107It waspart of the scheme that TAREK ELKAFRAWI through the use of the
MICROS system knew that sales were obtainedby IHOP Corporate on 8 weeklybasis through an
automatic remote uploading ofdata TAREK ELKAFRAWI knew that IHOP Corporateused the
weeklynet sales figures to determine the weeklyroyalty and rent amount owed byeach franchise
likewisehe knewthat IHOPCorporatedid not examine the weekly deductions from grosssales
that resulted in the net sales figures
108 In fact prior to 2004 TAREK ELKAFRAWI receivedregular IHOP Corporate
reviewsof the operating expensesand balancesheets that showed the costs deducted from gross
sales reflected in net sales After AUlUMN LEETANGAS became FBC in 2004 such thorough
PAGE 14 5WTOL NEWSOS232012 1144 4192447104
Case 312-Cf-00262-DAK Doc 1 Filed 0522112 29 of 65 PagelD 29
29
reviews ceased entirely TAREKELKAFRAWI thereafter devised various schemesto
manipulate the MICROS system in order to create lower-than actual weekly net sales
109Onesuch schemewas to simply tum the MICROS system otT so sales werenot
recorded
110Additionally TAREK ELKAFRAWI instructed his lHOP managers to voidsales
entirelyor to givesignificant discounts to tickets after the ticket had been paid for by thecustomer
and closed
11 J Othercosts chargedagainst grosssales includedunit promotions contests
maintenance andpayouts for whichno documentation was provided In fact these were cash
distributions toTAREK ELKAFRAWI and other employees representingunreported income
112TAREK ELKAFRAWI also woulddeposit rebatecheeks from vendors into the
CentrallHOP account however he would direct his accountants to reflect the deposit as a loan
from officer rather than as incomefrom a rebate This fraudulent representation created an
additional debt on the balance sheet of Central JHOP thus giving the appearancethat the
restaurantwas encumbered with debt and operating expenses and not profitable
1t3 Asa result of these schemes TAREK ELKAFRAWI created the appearance through
his weeklysalesfigures that the CentrallHOP store wasseverely underperforming
114 SInce 2007 TAREK ELKAFRAWI with the help of AUruMN LEETANGAS
applied for rentand royalty reliefpayments from IHOPCorporate Based on the fraudulent
weeklynet sales reports and the annual recommendation of AUlUMN LEE TANOASTAREK
ELKAFRAWIreceived approximately $2300 a week in rentas well as royaltyrelief from HOP
Corporate to which he otherwisewJ not entitled
OS232012 1144 4192447104 WTOL NEWS PAGE 15 5
Case 312-cr-00262-DAK Doc 1 Filed 052212 30 of 65 pagelD 30
30
116 ThesereHefpayments werememorialized in annualcontractsamending the franchise
agreement for eachyear to retlect the newrelief payment agreement Thesecontracts were mailed
from mop Corporate headquarters in Glendale California to Toledo Ohio after the FBCand
RD memos were submitted and approved
117 Onor abouteach of the dates set forth below in the Northern District of Ohio
Western Division and elsewhere for the purpose of executing and attempting to execute the
abovedescribed scheme and artifice 10defraud DefendantsTAREK ELKAFRAWI and
AUTUMNLEE TANOAS knowingly caused to be placed into any post office or authorized
depository for mail matterany matteror thingto be sentand deliveredby the US Postal Service
and caused to be deposited any matterto be sent or delivered by privateand commercial interstate
carrier the following matterfrom Glendale California to Toledo Ohioeach mailing constituting
a separate count
COVNT3
~ SENDER MAJLMATIER
September 24 2007 IHOP Corporate mailing of Amended ReliefContract
COUNL4
June5 2008 IHOPCorporate mailing ofAmended ReliefContract
COUNTS
August 172009 lHOP Corporate mailing of Amended Relief Contract
CQUNT6
May 25 20)0 IHOP Corporate mailing of Amended Relief Contract
OS232012 1149 4192447104 WTOL NEWS PAGE 0115
Case 312-cr-00262-DAK Doc 1 Filed 052212 31 of 65 PagelD 31
31
COuNT 7
May 162011 IHOPCorporate mailing of Amended Relief Contract
All in violation ofTitle l8 United States Code Section 1341
COUNTS
(Health Care FraudTitle 18 USC Sections 1347and 2)
The Grand Jury further charges that
118The allegations contained in 1-16and 18-102of this Indictment are re-allegedand
herebyincorporated byreferenceas if fullyset forth herein
119Using the methodsdescribed in Paragraphs 60-78 TAREK ELKAFRAWr and
others known to the Orand Jury submitted fraudulent reports to BWe resulting in BWe
undercbarging the Airport Highway IHOP
120 From on or about June 4 2004 to the date of this Indictment in the NorthernDistrict
of Ohio Western Division and elsewhere TAREK ELKAFRAWI and others known to the
Orand Jury having devised and intendingto devise B scheme and artifice to defraud the Ohio
Bureauof Workers Compensation (BWe) a healthcare benefit program as defined in Title 18
United States CodeSection24(b) of money by means ofmateriaJly false representations and
promises that was and is in connectionwith the paymentfor health care benefits items IUId
services did knowingly and willfully execute the aforesaid scheme
In violation of Title 18 UnitedStates Code Sections 1347and 2
PAGE 0215WTOL NEWSOS232012 1149 4192447104
Case 312-cr-00262-DAK Doc 1 Filed 052212 32 of 65 PagelD 32
32
COLlNT9
(Health Care FraudTitle 18 USC Sections 1347and 2)
The Orand Jury further charges that
121 The allegations contained in paragraphs )-16 and 18102 of this Indictmentare reo
alleged and herebyincorporatedby reference as if fully set forth herein
122 Using the methodsdescribed in Paragraphs60-78 TAREK ELKAFRAWI and
others known to the Orand Jury submitted fraudulent reports to Bureau of Workers Compensation
(BWC)resulting in BWe undercharging theTalmadge IHOP
123 From on or about June 4 2004 to the date of this Indictment in the Northem District
ofOhio Western Divisionand elsewhere TAREK ELKAFRAWI and others known to the
Grand Jury having devised and intendingto devisea scheme and artifice to defraud the Ohio
awe a health carebenefit program as defined in Title )8 t United States CodeSection 24(b) of
moneyby means of materially false representations and promises that was and is in connection
with the paymentfor health care benefits hems and services did knowinglyand willfullyexecute
theaforesaid scheme
In violation of Title 18 UnitedStatesCode Sections 1347 and 2
CQUNTlll
(Health Care FraudTitle 18USC Sections 1347and 2)
The Orand Jury further charges that
124 Theallegations contained in paragraphs 1-16 and 18-102 of this Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
PAGE 0315WTOL NEWSOS232012 1149 4192447HI4
Case 312-cr-00262-DAK Doc 1 Filed 0522112 33 of 65 PagelD 33
33
125 Using themethods described in Paragraphs 60-78 TAREK ELKAFRAWI and
others known to the OrandJury submitted fraudulent reports to BWC resulting in BWC
undercharging the Lima IHOP
126 From on or about August 31 2007 through the date of this Indictment in the
Northern District of Ohio Western Divisionand elsewhereTAREK BLKAFRAWIand others
known to the GrandJury havingdevisedand intendingto devise a scheme and artifice to defraud
the Ohio Bureau of Workers Compensation (BWe) a health care benefit program as defined in
Title 18 United StatesCode Section24(b) of money by means of materially false
representations and promises that wasand is in connection with the payment for health care
benefits items and services did knowingly and willfullyexecute the aforesaid scheme
In violationof Title 18UnitedStates Code Sections 1347and 2
COUNT 11
(Health Care Fraud Title 18 USC Sections 1347and 2)
The Grand Jury furtherchargesthat
127The allegations contained in paragraphs 1-16and 18-102of this Indictment are reshy
allegedand herebyincorporated by reference as if fully set forth herein
128 Using the methods described in Paragraphs60-78 TAREK ELKAFRAWI and
others known to the OrandJury submitted fraudulent reports to Bwe resulting in awe
undercharging the Findlay IHOP
129 From on or aboutMay 102004 through the date of this Indictment in the Northern
Districtof Ohio Western Division and elsewhere TAREK ELKAFRAWI and others knownto
theGrand Jury havingdevised and intending to devise a scheme and artifice to defraud the Ohio
Bureau of WorkersCompensation (BWe) a health care benefit program as defined in Title 18
4) lL44Hl4 WIUL NIW~
Case 312-cr-00262-DAK Doc 1 Filed 052212 34 of 65 PagelD 34
34
United StatesCode Section 24(b) of moneyby meansof materially false representations and
promises that wasand is in connection with the payment for healthcare benefits items and
services did knowingly and willfully execute the aforesaidscheme
In violation of Title 18 United States Code Sections 1347and 2
CoUNT12
(Health Care Fraud Title 18USC Sections 1347and 2)
The Orand Jut)I further charges that
130 The allegations contained in paragraphs Imiddot] 6 and 18-]02 of this Indictmentare reshy
alleged and hereby incorporated by reference as iffulJy set forth herein
13 l Usingthe methods described in Paragraphs 60-78 TAREK ELKAFRAWI and
others knownto the Orand Jury submitted fraudulent reports to BWe resulting in awe
undercharging the Central IHOP
132 From onor about February 28 2005 through the date of this Indictment in the
Northern Districtof Ohio Westem Division and elsewhere TAREKELKAFRAWI and others
known to the Grand Juryhavingdevisedand intending to devisea scheme and artifice to defraud
the Ohio Bureau of Workers Compensation (BWC) a health care benefitprogram as defined in
Title 18 United States CodeSection24(b) of money by means ofmaterially false
representations and promises that was and Is in connection with the paymentfor health care
benefits items and services did knowingly and willfully executethe aforesaid scheme
In vioJation of Title 18 United States Code Sections 1347and 2
41 I~4411~4 WIUL N~W~
Case 312middotcr-00262middotDAK Doc 1 Filed 052212 35 of 65 pagelO 35
3S
COUNT 13
(HealthCare Fraud Title 18 USC Sections 1347 and 2)
The Grand Jury furtherchargesthat
133The allegationscontained in paragraphs 1middot16 and 18middot102 of this Indictment are reshy
alleged and herebyincorporated by reference 8$ if fullyset forth herein
134 Using the methodsdescribed in Paragraphs 6Q78 TAREK ELKAFRAWI and
others known to the GrandJury submitted fraudulent reports to awc resulting in awe
undercharging the Perrysburg JHOP
135 From on or about August 30 2005 through the date ofthis Indictment in the
Northern District of Ohio Western Division and elsewhere TAREK ELKAFRAWI and others
known to the GrandJury having devised and intending to devise a scheme and artifice to defraud
the Ohio Bureauof WorkersCompensation(BWC) a health care benefit program as defined in
Title 18 United States Code Section 24(b) of money by means of materially false
representations and promises that was and is in cenneetlon with the payment for health care
benefits items and services did knowinglyand willfullyexecute the aforesaid scheme
In violationofTitle 18United StatesCode Sections 1347 and 2
COUNTS 14-17
(Mail Fraud Title 18 USC Section J341)
The Grand Jury furthercharges that
136 The allegations containedin paragraphs 1-16 and 18middot102 of this Indictmentare reshy
alleged and hereby incorporatedby referenceas if fully set forth herein
131 Fromon or about January 30 20ll through on or about April 10201 I in the
Northern District of Ohio Western Division and elsewhere Defendants TAREK ELKAFRAWI
PAGE 061lbWIDe NEWS~b1L32012 1149
Case 312-cr-00262-DAK Doc 1 Filed 052212 36 of 65 PagelD 36
36
and TAREK EIDOMARdevised and intended to devisea scheme and artifice to deframiddotud and to
obtain moneyfrom THOP Corporate by meansof materially false and fraudulent pretenses
representations and promises
MANNER AND MEANS
(t was part of the schemeand artifice that
]38 Using the methods described in Paragraphs 46-54 and 71-78 TAREK ELKAFRAWI
and TAREK EIDOMARmanipulated the SABLE Pointof Sale system to fraudulently report
debits and charges in order to hide the removal of cashdirectly from the Evansville IHOP
TAREK EID OMARat the direction of TAREKELKAFRAWI would then producea fraudulent
PampL report and mail it using the United States PostalService to provide that report to
Management Services in Wichita Falls Texas
139 Onor about each ofthe dates set forth below in the Northern District of Ohio
Western Division andelsewhere for the purpose ofexecutingand attempting to executethe
above described scheme and artifice to defraudTAREK ELKAFRAWI and TAREK EID OMAR
knowingly caused to be placed into any post office or authorized depository for mail matterany
matteror thingto besent and delivered by the US Postal Services and caused to be deposited any
matter to be sent or delivered by privateand commercial interstatecarrier the following matter
from Toledo Ohioand Evansville Indianato WichitaFallsTexas each mailingconstituting a
separate count
COUNT 14
Mm SENDER MAIL MAUER
January 302011 TAREK EID OMAR PampL report
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Case 312-cr-00262-0AK Doc 1 Filed 0522112 37 of 65 PagelD 37
37
COUNT 15
February14 2011 TAREK BID OMAR PampL report
COUNT 16
March 28 20II TAREKEID OMAR PampL report
COUNT 17
April 102011 TAREK EJD OMAR PampL report
All in violation ofTitle 18UnitedStates Code Sections 341 and 2
COUNT 18
(Use of Fire to Commit a Felony Title 18 USC Sections 844(h) and 2)
TheGrand Jury further charges that
140The allegations contained in paragraphs 1-16 and 18-102 ofthis Indictmentarc reshy
alleged and hereby incorporatedby reference as if fully set forth herein
141On or about August 10 and II 2008 [n the Northern Districtof Ohio Westem
DivisionTAREK ELKAFRAWI and JOSE LEON-GONZALEZ knowingly used fire to commit
Mail Fraud a felony prosecutable in a court of the United States
In violation ofTitle 18 United States Code Sections 844(h) and 2
COUNTl2
(Malicious Use of Fire Title 18 USC Sections 844(i) and 2)
The Grand Jury further charges that
142 The allegations contained in paragraphs 1-16and 18-102 ofthls Indictmentare reo
alleged and hereby incorporated by reference as if fully set forth herein
WTOL NEWS PAGE 0815OS232012 1149 4192447104
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38
143 On or about August 10and II 2008 in the Northern District of Ohio Western
Division TAREK ELKAFRAWIand JOSE LEON-GONZALEZ maliciously damaged bymeans
of fire and explosivematerialsa buildinglocated at 7777 Countymiddot Road 136 Findlay Ohio used
in interstatecommerce
In violation of Title 18 UnitedStates Code Sections 844(i) and 2
coUNtS 0-28
(Mail FraudTitle] 8 USCSection 1341)
The Grand Jury furthercharges that
144 The allegations containedin paragraphs 1-16and I8-102 of this lndictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
145 Fromapproximately the month of July 2008 the exact date unknownto the Grand
Jury through On or about October 27 2009 in the Northern District of Ohio Western Division
and elsewhereTAREK ELKAFRAWI devisedand intended to devise 8 scheme and artifice to
defraudFarmers InsW1J1ce Group and to obtain moneyand property by meansof false and
fraudulent pretenses representations and promises
146 It was part of the schemeand artificeto defraud that TAREK ELKAFRAWI would
submit traudulent invoices to FarmersInsuranceGroup under PolicyNumber 602926772 for
work that was not performed or performed at a lower invoice
147It was a furtherpart of the scheme and artifice that TAREK ELKAFRAWI submitted
claims forpayroll costs that were completely illusorybecause the requested claimswere for
periods the restaurant was closed and had no employees
~~~J2012 1149 4192447104
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39
148 It was a furtherpart of the sc erne and artifice that all checks were sent directly to
TAREKELKAFRAWI at the Terry Elk G~OUP not the Findlay lHOP
149On or about each of the dates bet forth below in the Northern District of Ohio
Western Division and elsewhere for the Jurpose of executing and attempting to execute the
above described scheme and artifice to delud TAREK ELKAFRAWI knowinglycaused to be
placed into any post office or authorized dlpository for mail matterany matter or thing to be sentI
and dellvered by the US Postal Service Jd caused to be deposited any matter to be sent or
delivered by private and commercial inters~te carrier the following matter from the state of
Illinois to Toledo Ohio each mailingcon~itUting a separate count
October 17 2008
October22 2008
January 262009
October21 2009
September22 2008
January 26 2009
SENDER
Fanners Insurance
Farmers Insurance
Farmers Insurance
Farmers Insurance
FarmersInsurance
Farmers Inswance
CO 20
M61LMAmR
$S5947S 1check to Terry Elk Group
21
I $45581367 check to Terry Elk Group
~ I $24444302 check to Terry Elk Group
~ I $2262384 check to Terry Elk Group
bOUNTM
I $2500000 check to Terry Elk Croup
~ $15684795 check to Terry Elk Group
PAGE 1015WTOL NEWS05232012 1149 4192447104
Case 312-cr-00262-DAK Doc 1 Filed 05122112 40 of 65 pagelD 40
40
COUNT 26
October ~ I 2009 Farmers Insurance $4285205 check to Terry Elk Group
COUNT 27
February 172009 Farmers Insurance $20867200check to Terry Elk Group
COUNT 21
October 27 2009 FarmersInsurance $15226400 check to Terry Elk Group
All in violationofTitle 18 United States Code Section 1341
COUNT 29
(Aggravated IdentityTheft Title 18 USC Section 1028A and 2)
The OrandJury furthercharges that
ISO The allegations contained in paragraphs 1-16and 18~102 of this Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
J51 Onorabout October9 2007 in the Northem District of9hlo Western Division
TAREK ELKAFRAWI did knowinglyuse without lawftllauthority a means of identification of
another personduring and in relation to the commission ofWire Fraud a violation ofride 18
United States Code Section 1343
In violation of Title 18 United States Code Sections I028A(a)(1) and 2
CQVNT30
(Aggravated Identity Theft T~tle is USC Section l028A and 2)
The Grand Jury further charges that
152 The allegations eontained in paragraphs 1-16 and 18-102 of this Indictment are reshy
alleged and hereby incorporated by reference as if fully set forth herein
05232012 1149 4192447104 WTOL NEWS PAGE 111 5
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41
153 On or about May 192008 in the Northern District of Ohio Western Division
TAREK ELKAFRAWIdid knowingly use without lawfulauthoritya means of identification of
another personduringand in relation to the commission of Wire Fraud a violation ofTitle 1g
United StatesCodeSection I~43
In violation of TitJe J8 UnitedStates Code Sections 1028A(a)(I) and 2
COUNT31
(Aggravated IdentityTheftTitle 18USC Section J028A and 2)
The Orand Jury furthercharges that
154 The allegations contained in paragraphs 1-l6- and 18middot102 of this Indictment are reshy
alleged and herebyincorporated by reference as if fully set forth herein
155 On or aboutJuly 132Q09 in the Northern District of Ohio Western Division
TAREK ELKAFRAWIj did knowingly use without lawfuJ authority a means of identification of
another personduring and in relation to the commission of Wire Fraud a violation of Title 18
United StatesCodeSection 1343
In violationofTitle 18 United States Code Sections 1028A(aXl) and 2
COlNT32
(Aggravated IdentityTheft Title 18USC Sectlon J028A and 2)
The Grand Jury furthercharges that
J56 Theallegations contained in paragraphs1-16and 184 J02 of this Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
157On or about May3l 2009 in theNorthern Districtof Ohio Western Division
TAREK ELKAFRAWI did knOWingly use without lawful authoritya means of identification of
OS232012 1149 4192447104 WTOL NEWS
Case 312-cr-00262-DAK Doc 1 Flied 0522112 42 of 65 PagelD 42
42
another person during and in relation to the commission of Wire Fraud a violation of Title 18
United States Code Section 1343
In violation ofTitle 18 United States Code Sections 1028A(a)(I) and 2
COUNT 33
(Aggravated Identity Theft Title 18 UsC Section l028A and 2)
The GrandJury further charges that
138 The allegationscontainedin paragraphs 1-16 and 18-]02 of this Indictment are reshy
alleged and herebyincorporated by reference as if fullyset forth herein
159 On or about October 22008 in the Northern District of Ohio Westem Division
TAREK ELKAFRAWI did knowingly use without lawfulauthority a means of identification of
another personduring and in relation to the commission of Wire Fraud a violationof Title 18
United States Code Section 1343
In violationof TItle ]8 United States Code Sections 1028A(a)(I) and 2
CQVNT34 (Aggravated IdentityTheft Title 18 USC Section 1028A and 2)
The Grand Jury furtherchargesthat
160 The allegationscontained in paragraphs 1-16and 18-102ofthis Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
16t Onor about January27 2008 in the Northern District of Ohio WesternDivision
TAREK ELKAFRAWI did knowinglyuse without lawfulauthority a means of identification of
anotherpersonduringand in relation to the commissionofWire Fraud a violation ofTitJe 18
United States Code Section 1343
In violation of Title 18United States Code Sections l028A(a)(1) and 2
I I
WTOL NEWS PAGE 13115OS232012 1149 4192447104 I
Case 312-cr-00262-DAK Doc 1 Filed 052212 43 of 65 PagelD 43
43
COUNT 35 (AggravatedIdentityTheft Title 18USC Section 1028A and 2)
The Grand Jury further charges that
162The allegations contained in paragraphs I-16 and 18-102 of this Indictment are reshy
alleged and herebyincorporated by reference as jf fully set forth herein
163On or about March 72009 in the NorthernDistrict of Ohio Western Division
TAREK ELKAFRAWI and KHALED YOUSEF did knowinglyuse without lawful authority a
means of identification of another personduringand in relation to the commission of Wire Fraud
a violation of Title 18 United States Code Section 1343
In violationof Title 18 United States Code Sections 1028A(a)(1)and 2
COUNT 36
(Aggravated IdentityTheft Title 18 USC Section 1028Aand 2)
The GrandJury further charges that
164 The allegations contained in paragraphs 1-16 and 18-102 of this Indictmentare reshy
allegedand hereby incorporated byreferenceas if fully set forth herein
16S On or about March tS 2009 in the Northern District of Ohio Western Division
TAREK ELKAFRAWI and KHALED YOUSEF did knowinglyuse without lawful authority a
means of identification of another person duringand in relation to the commission of WireFraud
a violation of Title 18United States Code Section 1343
In violation ofTitle 18United States Code Sections l028A(a)(1) and 2
~~~~2012 1149 4192447104 wloe NEWS
Case 312-cr-00262-0AK Doc 1 Filed 052212 44 of 65 PagelD 44
44
COUNT 37
(Aggravated Identity The~ Title 18 USC Section l028A and 2)
The GrandJury further charges that
166 Theallegations contained in paragraphs 1-16 and 18-] 02 of this Indictment are reshy
alleged and hereby incorporated byreference as if fully set forth herein
167 On or aboutJuly 21 2009 in the Northern District of Ohio Western Division
TAREK ELKAfRAWI and RAMIZAWWAO did knowingly use without lawful authority a
means of identification of anotherperson duringand in relation to the commission of WireFraud
a violation of Title 18United States Code Section 1343
In violation ofTitle 18 UnitedStates Code Sections l028A(a)(1) and 2
cOUNT38
(Aggravated Identity TheftTitle 18 USC Section 1028A and 2)
The Grand Juryfurthercharges that
168Theallegations contained in paragraphs 1-16 and t8-102 of this Indictment are reshy
alleged and hereby incorporated by reference 8S if fully set forth herein
169 On or about July 132009 in the NorthernDistrict ofOhio WesternDivision
TAREK ELKAFRAWIand IAMIL MOHAMMED AWWAD did knowingly use withoutlawful
authority a meansof identification of another person during and in relation to the commission of
Wire Fraud a violation ofTitle 18 United States Code Section 1343
In violation of Title 18 United States CodeSections l028A(a)(1) and 2
11 4l 41 l~44 IUl4 WIUL NIWl
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45
COUNT 39
(Identity Theftt Title 18 USC Sections 1028 and 2)
The Grand Jury further charges that
170 The allegationscontained in paragraphs 1-16 and 18-102 of this Indictment are reshy
alleged and hereby incorporated by reference as if fully set forth herein
171 On or about December132010 in the Northern District orOhio Western Division
TAREKELKAFRAWI and DONNA J HARRIOTTt did knowingly use in or affectinginterstate
or foreigncommerce without lawful authority a means of identification ofanother person to wit
s social securitynumber and date of birth with the intent to commit or to aid or abet or in
connectionwith any unlawful activitythat constitutes Wire Fraud 8 violation of 18USC
sect1343 and the offense involved the useof an authentication feature that is or appears to be an
identification document or authentication feature issued by Or under the authority of the United
States
All in violation ofTitle 1St United States Code Sections 1028(a)() (b)(l )(A)(l) and (f)
and 2
COUNI40
(Identity Theft Title 18USCbull Sections 1028and 2)
TheGrand Juryfurther chargesthat
172The allegationscontained in paragraphs 1-16 and J8middot102 of this Indictment are reo
allegedand hereby incorporated by referenceas if fully set forth herein
173On or about May42010 in the Northern District ofOhio Western Division
TAREK ELKAFRAWI and SARA RINEBOLT did knowingly use in or affecting interstate or
Case 312-cr-00262~DAK Doc 1 F=i1ed 0522112 9 of 65 PagelO 9
9
GONZALEZ FV-P 0[ others known to the Grand Jury to obtain frCudulent documcntation for
the illegal alien
23 Additionally to further the scheme to harbor and conceal the identity of the illegal
aliens TAREK ELKAFRAWIand MK would individually and personallydirect managers and
others known to the Grand Jury to cash the payroll checks of illegal aliens
24 TAREKELKAFRAWl and MK also would cash payrollcheckscfallens against
their personalbank accounts in order to help conceal the presence of illegalaliens Likewise
TAREK BLKAFRAWI authorized managers to cash payroll checks at the restaurants for illegal
alienemployees
25 It was COmmon practicefor TAREK ELKAFRAWI MK KMbulland TAREK EID
OMAR to assign multiple identities to employees for the purpose of employeesavoiding taxes or
receiving govenunentbenefits as well as to avoidpaying employees overtime wages
26 As a result of hiringand harboring illegal aliens TAREK ELKAFRAWI and MK
wereable 10 manipulate the wages of employeesreported to the Internal RevenueService for
purposes ofundelTeporting theirpayroll tax liability
27 Further by employingandharboring iJ legal aliens TAREK ELKAFRAWI and MK
manipulated Form94 reports to theBureau of WorkersCompensation for the State of Ohio
(hereinafteraWe) thus drastically reducing the franchises bi-annual payments to the state
agency
28 Further by employing and harboring illegal aliens TAREK ELKAFRAWI and MK
wereable to underpay manipulateand minimize the amount of money they actually paid to the
illegal aliens knowing the aliens would not complain or report them to law enforcement
SM3N lOlMpound150 391d
Case 312middotcr-00262-DAK Doc 1 Filed 052212 10 of 65 pagelD 10
10
Understating Income
29 The schemes described in Paragraphs 19 through 28 further allowed TAREK
ELKAFRAWI MK K M and TAREKEID OMARto createan environment ill which the
managers were expected to manipulate the Pointof Sale systems to reduce the weekly netsales
figures
30 ByartificiallY deflating the net sales figures TAREK ELKAFRAWI and coshy
conspirators defrauded IHOP Corporateby paying a smalleramount of rent and royaJties to
JHOP Corporate than was actually owed furthermore the franchises qualified for rebates and
relief assistance payments from IHOP Corporate for which theyotherwisewould not have been
eligible
31 Asa resultof the underreporting of incomeandmanipulation of wages resulting from
the hiring andharboring of illegal aliensTAREKELKAFRAWl and MK as owners and
operators of the seven identified IHOP restaurants aidedand abetted by KM and AUWMN
LEETANOAS generated over$12 million in unreported income
32 Toconceal the existence of unreported income andto promote the continuance of the
schemefacilitated by the alien harboring TAREKELKAFRAWI and MKengaged in a
continuing courseof wirefraud by electronically transferring assets and fundsto credit cards in
the names of the mop franchises to a shellcorporation that is the TerryElk Groupto other
cornmerclal investments to bank accounts opened in the names of false fraudulent and stolen
identities to foreign and domestic properties and to foreign bank accounts
ColJusion with the FBC
33 In order to conceal the nature of the wire fraud TAREKELKAFRAWI MK and
srat 391d SM3N lOLM
Case 312-cr-00262-DAK Doc 1 Flied 052212 11 of 65 PagelD 11 bull to II bull
11
KM enlisted AUTUMN LEE TANGAS the FBe for the regionto minimize the likelihood that
IHOP Corporate would question the weekly net sales figures underreported bythe seven
IdentifiedJHOP restaurants
34 Specifically in December2003TAREK ELKAFRAWI enteredinto an agreement
with AUTUMN LEETANGAS in which AUTUMN LEETANOAS friend LR (not charged
in this indictment) would receive health benefits and paychecks in return for AUTUMN LEE
TANGAS making an undocumented investment in the FindlayIHOP
35 Prior to the December 182003 purchase of the Findlay IHOP byTAREK
ELKAFRAWI AUTUMN LEETANOAS had informed TAREK ELKAFRAWIthat IHOP
Corporateneededto find a suitable purchaser for the Findlay poundHOP AUTUMN LEE TANOAS
knew that TAREK ELKAFRAWI did not have the financial ability to purchase the franchise at
that time hut that she herself did However AUTUMN LEETANGAS knew that because of
her position 8$ FBC she was precludedby IHOP Corporate from investing in any franchise
36 Inreturn for providingTAREK ELKAFRAWI$50000 to purchase the Findlay
IHOP AUTUMN LEETANGAS friend LRwas listed as minority owner of the Airport
Highway mop and receivedweekly paychecks andhealth benefits from that corporation despite
the fact that she never worked as an employee there
37 On or about December6 2004 AUTUMN LEE TANGAS deposited a $5000 check
drawn on the Airport HighwayIHOP account(and signedby TAREK ELKAFRAWI) into her
bank accountas a partial return on her sub rgainvestment in the Findlay IHOP
38 On or about April 23 2005 AUTUMN LEE TANOAS depositeda $40000cashiers
check from TAREK ELKAFRAWls personal bankOld National Bank in Evansville lndiana
5poundtt G10GpoundG509tH 39Vd SM3N lOlM
I
Case 312~cr-00262middotDAK Doc 1 Filed 052212 12 of 65 PagelO 12
12
into her bank account as ~ partial return on her investment in the Findlay IHOP
39 AUTUMN LEETANGAS failed to inform lHOP Corporateof her financial
relationship witheitherLR or TAREK ELKAFRAWI
40 On or about June 8 2005 AUTUMNmiddot LEETANOAS deposited a $20000 check
drawn on the Airport Highway IHOP account (andsignedby TAREK ELKAFRAWI) into her
bankaccount as a final return on her investment ill the FindlayJHOP Since that investment
AUTUMN LEETANGAS hal continued to serveas FBC for the restaurants owned and operated
by 1AREK ELKAFRAWI and othersknown to the Grand Jury During that time those
restaurants wereneveraudited nor were their sales losses or financial performances questioned
41 IHOPCorporate also was not notified of a fire at the FindlaylHOP in 2008 that
resulted in approxhnately $136 million in damage claims by TAREK ELKAFRAWI and the
closureof the location for three months Such information is the type ofmaterial information
IHOP Corporate expects FBCs to collect and provide in reports to headquarters
42 On multiple occasions known to the Grand Jury AUTUMN LEETANGAS informed
managers of the Toledo-area IHOPs that she knewthat a numberof illegal aliens worked for the
lHOPsownedand operated by TAREKELKAFRAWIand madestatements to persons known
to the Grand Jury that everyone wouldbe in trouble if that fact became known
43 Pan afthe incomplete and erroneous infcrmation provided by AUTUMN LEE
TANGAS to IHOPCorporate included her filing yearly reports recommending that lHOP
Corporate subsidize the Central Avenue IHOP by providing a weekly credit ofapproximately
$2300 This credit referred to as a reliefpayment was supposedto be used to lessen the burden
of payingweekly rent and royalty payments for an underperforming restaurant Originally
SIC1 3911d SM3N lOlM
I
Case 312-crmiddot00262-DAK Doc 1 Filed 0522112 13 of 65 PagelO 13
13
intended by mop Corporate to be a temporary short-term paymentused in extraordinary
circumstances through the attestations andsupport of AUTUMN LEETANGAS theCentral
IHOP received credits for overfive years Asa resultTAREKELKAFRAWIpersonally
realizedover$500000 in revenue that otherwise would have been retained by mop Corporate
44 Additionally the annual reports supporting on-goingrellefpayments enabled TAREK
ELKAFRAWI and MK to justify declining sales which in actuality were a direct result of
Point of Sale system manipulations and otherfrauds rather than a marketcondition affecting the
franchise
45 Protected from IHOPCorporate scrutiny TAREKELKAFRAWI MK and KM
directedand controlled several ongoingwirefraud schemes involving the finances of their IHOP
franchises These wire fraudschemes faU intothe following categories Point of Salesystem
manipulations of the grossand net sales and fraudulent reporting of assets and liabilities to skew
the performance of certain restaurants thereby qualifying them for IHOPCorporate benefits
false reporting to ewe and payroll manipulations to enable improperhealthand welfare
benefits
Point of Sales MauipulatloD
46 In addition to the aboveschemes from approximately 2004 to the dateof this
indictment TAREK ELKAFRAWI MK and TAREK EID OMARpersonally directed
managers to manipulate the Pointof Sale systems in order to remove cash from the stores 8S
unreported income
47 TAREK ELKAFRAWI and MK directed the Point of Sales system remotely
through the use of software that gave them full access and controlof the Pointof Salessystem
SM3N lOLM
Case 312-cr-00262-DAK Doc 1 Filed 0522112 14 of 65 PagelD 14 )4
from their homes Since approximately 2010-20]) TAREK ELKAFRAWI and MK have used
softwarecalled Team Viewer This software was installed on the home computers ofTAREK
ELKAFRAWI and MK in 2010 and 2011 respectively shortlyafter the latestMICROS system
was installed on all [HOP computers
48 One of the schemes to defraud was to manually reset the internal clock and calendar
of the MICROSsystem For instance on a Monda) the MICROS system would be set two days
ahead this would essentially pausethe system from downloading and compilingthe sales
figWes Thus although on that Wednesday the MICROS system would recognize the sales
recorded for Monday Tuesday and Wednesday and create aggregate statistics for those three
days the fact that the system was paused for thosedays allowed managers to manipulateor
under-report all of the cash transactions because cash transactionswere recognized as open
tickets for those threedays
49 The benefit of having an openticket was significant As long as a ticket was
open a sale was not considered complete that ticket could then be manipulated or even
deleted completely Thus when the MICROS system clocks werereset any open tickets or
cash transactions could be voided in MICROS and the easb receivednot recorded
50 In addition to manipulatingthe intemalsettings of MICROS MK and TAREK
ELKAFRAWI deviseda scheme whereby the MICROSsystem would simply be turnedoff
either by MK or a manager and product sales rung up manually
5 t Like the clock-settingscheme when MICROS was off-line tickets became
unreportable so cash transactions were not recorded by the system and moniescould be received
and deposited without lUI) paper trail Such transactions were not taxed and the sales were not
SM3N lOlM
middot
Case 31Z-cr-OQ262-DAK Doc 1 Filed 052212 15 of 65 PagelD lS
]5
recorded at the IHOP Corporate level so money that would otherwise have triggered the payment
of taxes or franchise feeswas kept by TAREK ELKAFRAWI as unreported income
52 TAREK ELKAFRAWI MKand TAREK EID OMARalso manipulated the
reporting of sales through the use of coupons When a customer paid in cash the store manager
was directed to use a store coupon to reduce the ticket or void the sale completely Therefore the
difference betweenthe reduction or void was not reflected in the final sale total and could be
taken by management as unreported income Accordingly TAREKELKAFRAwr MK and
TAREK EID OMARdirected their managers to use cash sales transactions to realize unreported
incomebull
53 ~AREK ELKAFRAWIand TAREK BIDOMAR manipulated the SABLE systemin
the Evansvillerestaurantmuch morebrazenlythan in theToledo-arearestaurants because of
certain exploitablecharacteristics of the SABLEsystem
54 Manipulations also affected employees salaries Starting in 2004 and continuing
through the present TAREK ELJltAFRAWI MK and TAREK ErO OMARdirected managers
to automatically deduct30 minutes fromalmost every employees time card daily in the Pointof
Sale systemsusing the BmiddotSO1 programs ability to edit entries
Manipulatiag Profit and Loss Statemenl$
55 The goal of these schemeswas to divert money from the restaurants actual gross
income into the personal accounts ofTAREK ELKAFRAWI and MK as unreported and
untaxed income As part of the schemeto laundermoney and evade federal state and local
taxes TAREK ELKAFRAWIMKbull KMand TAREK EID OMAR also directedaccountants
=iMlN nlM
PAGE 0115OS232012 1144 4192447104 WTOL NEWS I
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16
and bookkeepers to manipulatethe profit and loss statements (hereinafterPampLs) and balance
sheets for their various corporations
56 A PampL is a physical or electronic documentdetalHng how a corporations gross
income is transformed into the net income It displays the reported gross income for a specific
period oftime and the costs and expenses charged against this income The purpose is to show
interestedpartieswhetherthe corporation lost Or made money The accountants created the PampL
statements using data providedby TAREK ELKAFRAWI and MK and relied on those PampLs to
filecorporate taxes
57 That data wasculled from various sources MK helped create the PampLspreadsheets
by providing the documents to the managersand then received the completed weekly
spreadsheets via email Upon receiving the PampL spreadsheets the restaurant managers added in
reported total sales laborcosts for the staff invoicesfor food and supplies food discountsand
manager voids However the managers salaries end the restaurants rent expenses were entered
in the spreadsheet by MK and could not be altered by other employees Included in the
spreadsheetportioncreated by MK were some budgetary lines containing debits for categories
that simply did not exist as businessexpenses Thenumbers provided by MK were inflated
For example the LimaIHOP PampLlisted a gross total ofapproximately$ ]500 per week for
managers salaries However the number that MK entered into the PampL for managers salary
was $2100 per week Likewise the amount paid in rent was consistently inflated in excessof
actual rent payments for the tHOP restaurants The spreadsheets were then submitted to the
accountantswho created the PampL TAREK ELKAFRAWI reviewed the final PampL and made
revisions to further hide his efforts to divert profits
41l44flI14 WIUL NcW~
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17
58 Byknowingly entering inaccurate infonnation into the PampLs TAREK ELKAFRAWI
MK KM and the store managersactingat their direction in effect manipulated the tax
burden levied on their corporation byfederal state and local governments
59 Furthermore as II result of the PampLmanipulation the net profits Were artificially
deflated to minimize the amount of royalties and rent paid to IHOP Corporate
Defrauding Worken Compensation
60 Beginning in approximately2003 TAREK ELKAFRAWI MK and KM set up
various schemes to defraud BWC and lowerthe amount they had to pay into the Workers
Compensation system BWCpayments helpcover the cost of injuries to employees whoare hurt
on the job and functions as a ferm of insurance for a company The percentageof wagespaid by
the employerare relatedto the type of business a companydoes the number of employees the
number of claims in prior reporting periodsand other factors to arrive at a semi-annual figure
owed by a company
61 From 2004 to the present TAREK ELKAFRAWIand MK manipulated some of the
factors used by awe to determine an employers premiumsfor its employees For instance
since managers premiumsare calculated at a higher rate because their salaries are greaterthan
other employees TAREKELKAFRAWI MK and KM devised a scheme to lower manager
reporting to zero(0) likewise a cooks premium would be calculated at a higher rate because
they work in moredangerous situations thanwaitresses TAREK ELKAFRAWI MK and
KM developedwaysto manipulate the reporting ofemployees average weekly salaries Also
although overtime and tips are calculated by BWCTAREK ELKAFRAWI MK and KM
WIUL NtW~41 j~441~4~o~~pound~l~ 1144
Case 312-cr-OD262middotDAK Doc 1 Filed 052212 18 of 65 PagelD 18
18
deviseda schemeto avoid includingthose two factors in the final equation to fraudulently
understate premiums owed to awe
62 During2004 MK and KM submitted the semi-annual reports in person at the
Toledo office ofBWC The paymentswere made via check which triggered an electronic funds
transfer from IHOP bank accounts to BWe accounts In 2005 awc switched to an electronic
filing system
63 MK directedKM to use the averageof the lowest weekly payroll to calculatethe
semi-annual wage figure despite the fact that Bwe regulations required an average ofall weekly
wage figures for the reporting period By submitting only an average of the lowest weeks
TAREK ELKAFRAWI MK and KM deflatedthe wage figure
64 To further depress the numbers MK told KM to omit the salaries ofmanagers and
tips and then deductmore from the total Generally this manipulationdecreased the final wage
figure by an additional twenty percent(20)
6 From 2004 to the date of this indictment TAREK ELKAFRAWI was made awareof
the paymentfigure regardless of who filed the form and directed each paymentto be lower than
the previousone
66 DespiteTAREK ELKAFRAWls seeminglyarbitrarY calculus this reportingfigure
could be audited by awe The department required all businesses to file a Form 941 which
listed employees wages and taxes paid every90 days for the purpose ofpaying federal taxes
67 The Fonn 941 was created for BWC using Profit and Loss sheets MICROS and
payrollrecordsand was generally consistentwith those documents
WTOL NEWS PAGE 0415OS232012 1144 4192447104
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68 During an audit BWe could request the Form 941 and compare those numbers with
the numbers provided to awe
69 Between 2004 and 2009 KM received noticesof Bwes intention to audit various
Toledo IHOP locations Each timea notice was receivedKM TAREK ELKAFRAWI and
MK simplyignored it Threeof the auditswere never perfonned by BWC
70 BWe did audit the Findlay IHOP in 2007 fora two-year period Originally it was
determined that the restaurant owed over $55)000 in unpaidawe premiumsfor that timeperiod
71 In orderto avoid paying these premiums KM amendedtherestaurant)s worksheet
deletingmanagersnames from the list of employees and fraudulently listing the managers 8S
officersof the corporation that owned Findlayand therefore we~ exempt from payingworkers
compensation premiums However the Articles of Incorporation were not changed to list these
managers as corporate officers
72 Bymaking this change at the direction ofTAREK ELKAfiRAWI KM reportedly
reduced the amount of premiums owed awe to approximately i35000 When AunrMN LEE
TANGAS learned of thisscheme rather than reporting it to IHOP Corporate either the crime or
the addition of newofficersas required by corporate policy she told KM Youjust saved
TAREKs a-
73 In 2007 in response to the auditTAREKELKAFRAWI MK and KMcreated the
Terry Elk Group all managers weretransferred to that company and put on its payroll The
Terry Elk Group was created byKM at thedirection ofTAREK ELKAFRAWIto further
minimize payments to awe
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20
74 Although each of the seven identifiedmop restaurants transferred money to the
Terry Elk Groupto pay salaries for managers the Terry Elk Group never paid awe taxes
75 TAREK ELKAFRAWIand MK were officers of the Terry Elk Group and TAREK
ELKAFRAWland AUTUMN LEETANGAS both told KM that this was a great solution to
avoid payingBWC
76 The falsification of recordsand thecreation of the Terry Elk Group resulted in an
underpaymentofapproximately S2S0OOO to BWe
Document FJ1lud
77 TAREK ELKAFRAWI MK and TAREK EID OMAR further manipulated the
accounts of the IHOPrestaurants in order to laundermoney through false payouts and
fraudulentlyreported transactions
78 TAREK ELKAFRAWI MKand TAREK EID OMAR used a system of payouts
in the fonn of paper receipts deposited in the cash registers to reflect further unreported cash
withdrawals While these receipts were ostensibly for occasional items such as landscaping
charges extra food ingredients or supplies jn reality most payouts were not for services
rendered but weremerely cash withdrawals TAREK ELKAFRAWI MK and TAREK EID
OMAR directed managers to create payout slips to cover cash withdmwals and use the payout
slips to justify the withdrawals as business expenses to the accountants
Insurance Fraud
79 In 2008 the Findlay IHOP burned as a result of arson The fire was intentionally
started by JOSE LEON-GONZALEZ and individuals unknown to the Grand Juryat the direction
PAGE El6 5 WTOL NEWSOS232012 1144
Case 312-cr-00262-DAK Doc 1 Filed 0522112 21 of 65 PagelD 21
21
and orderofTAREK ELKAFRAWI and MK to facilitate insurance fraud schemes by TAREK
ELKAFRAWI
80 TAREK ELKAFRAWIsubmitted approximately $136million in fraudulent
insurance claims for firedamage to the restaurant The receipts submitted to the insurance
company reflected overcharges charges for work never doneworkdone at artificially inflated
prices and for fraudulent payroll claimsand lost income Additionally TAREK ELKAFRA WI
created wholly fictitious invoices and diverted thosepayments to his personal use
Rebate Fraud
81 TAREK ELKAFRAWIandMK used a varietyofadditional accounting
manipulations to affect the franchises balancesheets For example TAREKELKAFRAWI
often personally received rebate checks from food and beverage vendors reflecting the large
amountsofmoneyspent with theircompanies Thesechecksweremailed directly to TAREK
ELKAFRAWIs homes in Toledo and Evansville ratherthan delivered to the intended restaurant
The amounts were substantial Tropicanas annual rebate was approximately $12000 Cocashy
Colas annual rebate was approximately $7500 US Foods annual rebate was approximately
$80000 and Pepsis annual rebatewasapproximately S55000 From2004 to the date oftbis
indictment the total amount of rebate payments received by TAREK ELKAFRAWI exceeded
SIIOOOOO
82Before 2005TAREK ELKAFRAWI simplyused this money for personal expenses
However after 2005 TAREK ELKAFRAWIoccasionally reinvested the rebate money into the
franchises as a loan from officer
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22
83 Under this scheme TAREK ELJltAFRAWI was essentiallyclaimingthe corporations
money for himself8Jld loaning it back to the businesswhilenot reporting the rebate money as
personal income This generated an additional unwarranted liability for the corporation receiving
the loan while TAREK ELKAFRAWI would take a personal loss on his taxesfor the unpaid
loan Thus the overall tax liability for the company and for TAREK ELKAFRAWI was
fraudulently lowered
Other Schemes to Defraud
84 Thebalance sheet was also affectedby claimingremodelingcosts as a liability instead
of an asset IHOP Corporatemandated that each restaurant be remodeled every five years Per
JHOP Corporate policy this costs a franchise approximately $70000 Under standard
accountingpractices this remodel should be considered an appreciation However TAREK
ELKAFRAWI regularly directed the accountants to claimthis expense as repair and
maintenance considered a liability
85 In September2010 ManagementServices the accountantsused by TAREK
ELKAFRAWI questioned a $40000 remodelingof the Evansville restaurant completedin 2007
TAREK ELKAFRAWI lied to the accountantsthat the $40000was a personal loan from a
businesspartner Management Services then issuedcheckstotaling $40000 to the business
partner TAREK ELKAFRAWI took these checks for his own purposes
86 TAREK ELKAFRAWI also used the restaurants to obtain loans that he would
otherwisenot beable to secure TAREK ELKAFRAWIapplied for loans using well-performing
IHOP restaurants as collateral for the loans then used those loans to pay for improvements on his
other (HOPrestaurants
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23
87 The improperbenefitreceived arose from the fact that each restaurant is an
independent corporation Knowing that certainIHOP restaurants such as Findlay would be
unable to securea loanTAREK ELKAFRAWIwould apply for a loan using a corporation for a
healthyrestaurant likeLima Once he hadsecured that loan he wouJd use the money on the
unqualified restaurant
88 Thusthe healthy restaurant wouJd cany a loss in the form of an outstanding loan on
its books lowering its tax liabilities while the other restaurantenjoyed the use of the loan
without having to report the transferof funds as profit
89 TAREKELKAFRAWI furtherusedschemes to transfer moneyobtained from IHOP
Corporate intended to benefitone restaurant to the use of another restaurant or directly to
himself
90 Forinstance advertising and marketing revenue would be used byTAREK
ELKAFRAWIand MK in a mannersimilar to the rebate checks In 2007 TAREK
ELKAFRAWIsubmitted a fraudulent invoicereflecting the purchase of an advertising sign for
CentrallHOP for$13500when in facthe only spent $3500 on the sign He receiveda check
fromIHOPCorporate for $13500and pocketed the difference TAREK ELiltAFRAWI
thereafterreported the remaining $ J0000 as a loan ftom officer and not taxable income
9Jbull TAREK ELKAFRAWI and MK also used the CentraliHOPs advertising budget
provided by li-fOP Corporate to pay for all of the northwest Ohio ]HOPs marketing They
would inflateCentrals invoice with the Invoices for the five other restaurantsand then send that
aggregate invoice to HOP Corporate
PAGE 091 505232012 1144 4192447104 WTOL NEWS
Case 312-cr-00262-DAK Doc 1 Filed OS2212 24 of 65 PagelD 24
24
MediearelWelfarerrax Fraud
92 TAREK ELKAFRAWI MK and TAREKEID OMAR together and separately
devised schemesto personaltycollectmedical and welfarebenefits for which they did not
qualifyand sanctioned employees to do so as well
93 Using an alternate identity MK split his salary between two paychecks creating a
lower reportableincomefor each identity Usingthese dual identities MK has to date claimed
approximately $140000 in Medicaid paymentsand $35000 in food stamps and welfare benefits
from the State of Ohio
94 To further these schemesTAREK ELKAFRAWI and MK created a false property
management companythrough which MK paid rent to TAREK ELKAFRAWI in order to
show less income BothTAREK ELKAFRAWIand MK created and submitted false payroll
checks and financial documentsto support the fraudulent claims
95 TAREK ELKAFRAWI and MK also sanctionedand encouraged employees to file
fraudulent claims KHALED YOUSEF TAREK EID O~ RAMIZ AWWAD and JAMIL
MOHAMMED AWWAD were told by TAREK ELKAFRAWI and MK how to minimizetheir
payrollearnings throughthe use of multipleidentities in order to claim benefits TAREK
ELKAFRAWI toldTAREK EID OMARto eitherstart fraudulently claiming welfare or quit
having children
96 These manipulations to income revenue and payroll were reflectedin erroneousand
fraudulent tax statements to the Internal RevenueService TAREK ELKAFRAW1 directed
accountants to file his personal and corporate lax returns based on this fraudulent information in
an attempt to minimize and obscure his true incomeand tax liabilities
PAGE 10 5WTOL NEWS4192447104OS232012 1144
Case 312-cr-00262-DAK Doc 1 Filed 052212 25 of 65 PagelD 25
25
Money Laundering Schemes
97 Inorder to hideandconceal thesourceof the proceedsof the wire fraud schemes
TAREK ELKAFRAWI KELLY ELKAFRAWI MK and TAREK EID OMAR engaged in real
estatetransactions
98 TAREK ELKAFRAWI loaned TAREKEID OMARand previous Evansville mop
managers YS andAA approximately S50OOO to purchase a gas station in Evansville Indiana
usingfunds derived solely from TAREK ELKAFRAWrs rnop franchises
99 To conceal the source and nature of the funds used to purchasethe gas station located
at 600North Burkhardt Road Evansville Indiana TAREK ELKAFRAWI transferred
approximately SSOOOO to TAREK EIDOMAR Y S and AAwhich theyused to purchase the
gasstation
100Using laundered assets fromthe IHOP restaurants TAREK ELKAFRAWI and
KELLY ELKAFRAWI purchased homes at l0400 Tecumseh Drive Newburgh Indiana and
J4745 Prairie Lake Drive Toledo Ohio
101 Likewise MK purchased the following properties using funds from bankaccounts
in his various names 2510 Live Oak Road Sylvania Ohio 4027 Meadowgreen DriveSylvania
Ohio 7129 Sandy Springs Road Maumee Ohio and4837 SpringbrookDriveToledo Ohio
The funds were proceeds of the fraudulent schemes
102 Finally from 2004to the date of this indictment TAREK ELKAFRAWIsent
proceeds of fraudulent IHOP transactions overseas by carrying them on his person usingbank
acccunts ownedandcontrolled byTAREKEIDOMARand others knownto the Orand Juryand
using Western Union accounts operated by TAREK EIDOMARand SM (not charged in this
41 1pound44 (1~4 WIUL N~W~
Case 312-cr-00262~DAK Doc 1 Filed 0522112 26 of 65 PagelO 26
26
indictment) Those funds have been used in part to purchase real estate and to make investments
in Egypt
All in violation of Title 18 United States Code Section I956(h)
COVNTl
(Conspiracy to HarborAliens Title 8 UsC Sections t324(a)(l)(AXiii) and I324(a)(1)(AXv)(I)
The Orand Jury furthercharges that
I03 Paragraphs 1-16and 18-I02 are re-alleged and hereby incorporated by referenceas if
fully set forth herein
104 From at least as early as January2004 the exact date to the Grand Jury unknown
through at least December31 2011 in the Northern District of Ohio Western Division and
elsewhere the DefendantsTAREK ELKAFRAWI KELLY ELKAFRAWI AU11JMN LEE
TANGAS MK JOSE LEONmiddotGONZALEZ aka Jose Leon aka Jose Vargas aka Juan Vargas
aka Edwin MartelTAREK ElD OMAR CARLOS GAMBOA KHALED YOUSEF RAMIZ
AWWAD aka Ray JAMIL MOHAMMAD AWWAD KHALIL ABOUDAKKA MAHMOUD
ALI MOHAMED HASSANDONNAJ HARRIOIT LUCKY WILLIAMS and CESAR
AVILA did knowingly and intentionally combine conspire and confederate with each other and
with others known and unknown to the Grand Jury to conceal harbor and shield from detection
one or more aliens namely FJV-PJOSE LEON-GONZALEZ aka lose Leon aka Jose Vargas
aka Juan Vargas aka Edwin Martel MT-C C V V-A S L CESAR AVILA CARLOS
GAMBOAE M A M A G F G J LNU J LNU and approximately two hundred other
aliens known to the Grand Jury In several buildings including but not limited to the Perrysburg
PAGE 12 5WTOL NEWSOS232012 1144 4192447104
Case 312-cr-00262-DAK Doc 1 Flied 052212 27 of 65 PagelD 27
27
Findlay Lima Airport Highway Central Talmadge and Evansville JHOPs as wellas 801 Hiltop
and 4020 RoyerRoad in ToledoOhio knowingand in recklessdisregard of the fact that the
aUen(s) had cometo entered and-remained in the United States In violation of law
A) 11 waspart of the conspiracy that the managers of (HOP restaurants
would hire undocumented aliens to workat the mops after clearingthe
hires with MK or TAREKELKAFRAWI
B) It was further part ofthe conspiracy that undocumented aliens would be
paid in cashuntil theyobtained fraudulent immigration and workdocuments
C) It was funher part of the conspiracy that co-conspirators sometimes would
assist the aliensin finding lodging and in cashing checksat the mop
or bankinginstitutions
D) It was further part oCthe conspiracy that undocumented aliens often would
be paid usinga fake name Or check name
E) It was further part of the conspiracy that the undocumented aliens sometimes
would be transported to other HOP restawant locations to work
F) It was further part ofthe conspiracy that co-conspirators sometimes would
assign to the undocumented aliens the socialsecurity numbers and personal identifierS of
former employees to shield the illegalworkers from discovery
All in violation of Title 8 United States Code Sections 1324(a)(l)(A)(iii) and
1324(a)(1 )(A)(v)(I)~
PAGE 13 5WTOL NEWSOS232012 1144 4192447104
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28
WVNTS3~7
(Mail Fraud Title 18USCbull Section 1341)
The Grand Jury furthercharges that
t OS The allegatiens contained in paragraphs Imiddot16 and 18middot02 of this Indictment are reo
allegedand hereby incorporated by referenceas if fully set forth herein
106 From on or about August 192003 to the dateof this Indictment in the Northern
District or OhioWestern Division and elsewhere TAREK ELKAFRAWI AUTUMNLEE
TANGAS andMK (not charged in this Indictment) devisedand intended to devise a scheme
and artifice to defraud IHOPCorporateand to obtain money and property by meansof materially
false and fraudulent pretensesrepresentations and promises
MANNER AND MEANS
107It waspart of the scheme that TAREK ELKAFRAWI through the use of the
MICROS system knew that sales were obtainedby IHOP Corporate on 8 weeklybasis through an
automatic remote uploading ofdata TAREK ELKAFRAWI knew that IHOP Corporateused the
weeklynet sales figures to determine the weeklyroyalty and rent amount owed byeach franchise
likewisehe knewthat IHOPCorporatedid not examine the weekly deductions from grosssales
that resulted in the net sales figures
108 In fact prior to 2004 TAREK ELKAFRAWI receivedregular IHOP Corporate
reviewsof the operating expensesand balancesheets that showed the costs deducted from gross
sales reflected in net sales After AUlUMN LEETANGAS became FBC in 2004 such thorough
PAGE 14 5WTOL NEWSOS232012 1144 4192447104
Case 312-Cf-00262-DAK Doc 1 Filed 0522112 29 of 65 PagelD 29
29
reviews ceased entirely TAREKELKAFRAWI thereafter devised various schemesto
manipulate the MICROS system in order to create lower-than actual weekly net sales
109Onesuch schemewas to simply tum the MICROS system otT so sales werenot
recorded
110Additionally TAREK ELKAFRAWI instructed his lHOP managers to voidsales
entirelyor to givesignificant discounts to tickets after the ticket had been paid for by thecustomer
and closed
11 J Othercosts chargedagainst grosssales includedunit promotions contests
maintenance andpayouts for whichno documentation was provided In fact these were cash
distributions toTAREK ELKAFRAWI and other employees representingunreported income
112TAREK ELKAFRAWI also woulddeposit rebatecheeks from vendors into the
CentrallHOP account however he would direct his accountants to reflect the deposit as a loan
from officer rather than as incomefrom a rebate This fraudulent representation created an
additional debt on the balance sheet of Central JHOP thus giving the appearancethat the
restaurantwas encumbered with debt and operating expenses and not profitable
1t3 Asa result of these schemes TAREK ELKAFRAWI created the appearance through
his weeklysalesfigures that the CentrallHOP store wasseverely underperforming
114 SInce 2007 TAREK ELKAFRAWI with the help of AUruMN LEETANGAS
applied for rentand royalty reliefpayments from IHOPCorporate Based on the fraudulent
weeklynet sales reports and the annual recommendation of AUlUMN LEE TANOASTAREK
ELKAFRAWIreceived approximately $2300 a week in rentas well as royaltyrelief from HOP
Corporate to which he otherwisewJ not entitled
OS232012 1144 4192447104 WTOL NEWS PAGE 15 5
Case 312-cr-00262-DAK Doc 1 Filed 052212 30 of 65 pagelD 30
30
116 ThesereHefpayments werememorialized in annualcontractsamending the franchise
agreement for eachyear to retlect the newrelief payment agreement Thesecontracts were mailed
from mop Corporate headquarters in Glendale California to Toledo Ohio after the FBCand
RD memos were submitted and approved
117 Onor abouteach of the dates set forth below in the Northern District of Ohio
Western Division and elsewhere for the purpose of executing and attempting to execute the
abovedescribed scheme and artifice 10defraud DefendantsTAREK ELKAFRAWI and
AUTUMNLEE TANOAS knowingly caused to be placed into any post office or authorized
depository for mail matterany matteror thingto be sentand deliveredby the US Postal Service
and caused to be deposited any matterto be sent or delivered by privateand commercial interstate
carrier the following matterfrom Glendale California to Toledo Ohioeach mailing constituting
a separate count
COVNT3
~ SENDER MAJLMATIER
September 24 2007 IHOP Corporate mailing of Amended ReliefContract
COUNL4
June5 2008 IHOPCorporate mailing ofAmended ReliefContract
COUNTS
August 172009 lHOP Corporate mailing of Amended Relief Contract
CQUNT6
May 25 20)0 IHOP Corporate mailing of Amended Relief Contract
OS232012 1149 4192447104 WTOL NEWS PAGE 0115
Case 312-cr-00262-DAK Doc 1 Filed 052212 31 of 65 PagelD 31
31
COuNT 7
May 162011 IHOPCorporate mailing of Amended Relief Contract
All in violation ofTitle l8 United States Code Section 1341
COUNTS
(Health Care FraudTitle 18 USC Sections 1347and 2)
The Grand Jury further charges that
118The allegations contained in 1-16and 18-102of this Indictment are re-allegedand
herebyincorporated byreferenceas if fullyset forth herein
119Using the methodsdescribed in Paragraphs 60-78 TAREK ELKAFRAWr and
others known to the Orand Jury submitted fraudulent reports to BWe resulting in BWe
undercbarging the Airport Highway IHOP
120 From on or about June 4 2004 to the date of this Indictment in the NorthernDistrict
of Ohio Western Division and elsewhere TAREK ELKAFRAWI and others known to the
Orand Jury having devised and intendingto devise B scheme and artifice to defraud the Ohio
Bureauof Workers Compensation (BWe) a healthcare benefit program as defined in Title 18
United States CodeSection24(b) of money by means ofmateriaJly false representations and
promises that was and is in connectionwith the paymentfor health care benefits items IUId
services did knowingly and willfully execute the aforesaid scheme
In violation of Title 18 UnitedStates Code Sections 1347and 2
PAGE 0215WTOL NEWSOS232012 1149 4192447104
Case 312-cr-00262-DAK Doc 1 Filed 052212 32 of 65 PagelD 32
32
COLlNT9
(Health Care FraudTitle 18 USC Sections 1347and 2)
The Orand Jury further charges that
121 The allegations contained in paragraphs )-16 and 18102 of this Indictmentare reo
alleged and herebyincorporatedby reference as if fully set forth herein
122 Using the methodsdescribed in Paragraphs60-78 TAREK ELKAFRAWI and
others known to the Orand Jury submitted fraudulent reports to Bureau of Workers Compensation
(BWC)resulting in BWe undercharging theTalmadge IHOP
123 From on or about June 4 2004 to the date of this Indictment in the Northem District
ofOhio Western Divisionand elsewhere TAREK ELKAFRAWI and others known to the
Grand Jury having devised and intendingto devisea scheme and artifice to defraud the Ohio
awe a health carebenefit program as defined in Title )8 t United States CodeSection 24(b) of
moneyby means of materially false representations and promises that was and is in connection
with the paymentfor health care benefits hems and services did knowinglyand willfullyexecute
theaforesaid scheme
In violation of Title 18 UnitedStatesCode Sections 1347 and 2
CQUNTlll
(Health Care FraudTitle 18USC Sections 1347and 2)
The Orand Jury further charges that
124 Theallegations contained in paragraphs 1-16 and 18-102 of this Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
PAGE 0315WTOL NEWSOS232012 1149 4192447HI4
Case 312-cr-00262-DAK Doc 1 Filed 0522112 33 of 65 PagelD 33
33
125 Using themethods described in Paragraphs 60-78 TAREK ELKAFRAWI and
others known to the OrandJury submitted fraudulent reports to BWC resulting in BWC
undercharging the Lima IHOP
126 From on or about August 31 2007 through the date of this Indictment in the
Northern District of Ohio Western Divisionand elsewhereTAREK BLKAFRAWIand others
known to the GrandJury havingdevisedand intendingto devise a scheme and artifice to defraud
the Ohio Bureau of Workers Compensation (BWe) a health care benefit program as defined in
Title 18 United StatesCode Section24(b) of money by means of materially false
representations and promises that wasand is in connection with the payment for health care
benefits items and services did knowingly and willfullyexecute the aforesaid scheme
In violationof Title 18UnitedStates Code Sections 1347and 2
COUNT 11
(Health Care Fraud Title 18 USC Sections 1347and 2)
The Grand Jury furtherchargesthat
127The allegations contained in paragraphs 1-16and 18-102of this Indictment are reshy
allegedand herebyincorporated by reference as if fully set forth herein
128 Using the methods described in Paragraphs60-78 TAREK ELKAFRAWI and
others known to the OrandJury submitted fraudulent reports to Bwe resulting in awe
undercharging the Findlay IHOP
129 From on or aboutMay 102004 through the date of this Indictment in the Northern
Districtof Ohio Western Division and elsewhere TAREK ELKAFRAWI and others knownto
theGrand Jury havingdevised and intending to devise a scheme and artifice to defraud the Ohio
Bureau of WorkersCompensation (BWe) a health care benefit program as defined in Title 18
4) lL44Hl4 WIUL NIW~
Case 312-cr-00262-DAK Doc 1 Filed 052212 34 of 65 PagelD 34
34
United StatesCode Section 24(b) of moneyby meansof materially false representations and
promises that wasand is in connection with the payment for healthcare benefits items and
services did knowingly and willfully execute the aforesaidscheme
In violation of Title 18 United States Code Sections 1347and 2
CoUNT12
(Health Care Fraud Title 18USC Sections 1347and 2)
The Orand Jut)I further charges that
130 The allegations contained in paragraphs Imiddot] 6 and 18-]02 of this Indictmentare reshy
alleged and hereby incorporated by reference as iffulJy set forth herein
13 l Usingthe methods described in Paragraphs 60-78 TAREK ELKAFRAWI and
others knownto the Orand Jury submitted fraudulent reports to BWe resulting in awe
undercharging the Central IHOP
132 From onor about February 28 2005 through the date of this Indictment in the
Northern Districtof Ohio Westem Division and elsewhere TAREKELKAFRAWI and others
known to the Grand Juryhavingdevisedand intending to devisea scheme and artifice to defraud
the Ohio Bureau of Workers Compensation (BWC) a health care benefitprogram as defined in
Title 18 United States CodeSection24(b) of money by means ofmaterially false
representations and promises that was and Is in connection with the paymentfor health care
benefits items and services did knowingly and willfully executethe aforesaid scheme
In vioJation of Title 18 United States Code Sections 1347and 2
41 I~4411~4 WIUL N~W~
Case 312middotcr-00262middotDAK Doc 1 Filed 052212 35 of 65 pagelO 35
3S
COUNT 13
(HealthCare Fraud Title 18 USC Sections 1347 and 2)
The Grand Jury furtherchargesthat
133The allegationscontained in paragraphs 1middot16 and 18middot102 of this Indictment are reshy
alleged and herebyincorporated by reference 8$ if fullyset forth herein
134 Using the methodsdescribed in Paragraphs 6Q78 TAREK ELKAFRAWI and
others known to the GrandJury submitted fraudulent reports to awc resulting in awe
undercharging the Perrysburg JHOP
135 From on or about August 30 2005 through the date ofthis Indictment in the
Northern District of Ohio Western Division and elsewhere TAREK ELKAFRAWI and others
known to the GrandJury having devised and intending to devise a scheme and artifice to defraud
the Ohio Bureauof WorkersCompensation(BWC) a health care benefit program as defined in
Title 18 United States Code Section 24(b) of money by means of materially false
representations and promises that was and is in cenneetlon with the payment for health care
benefits items and services did knowinglyand willfullyexecute the aforesaid scheme
In violationofTitle 18United StatesCode Sections 1347 and 2
COUNTS 14-17
(Mail Fraud Title 18 USC Section J341)
The Grand Jury furthercharges that
136 The allegations containedin paragraphs 1-16 and 18middot102 of this Indictmentare reshy
alleged and hereby incorporatedby referenceas if fully set forth herein
131 Fromon or about January 30 20ll through on or about April 10201 I in the
Northern District of Ohio Western Division and elsewhere Defendants TAREK ELKAFRAWI
PAGE 061lbWIDe NEWS~b1L32012 1149
Case 312-cr-00262-DAK Doc 1 Filed 052212 36 of 65 PagelD 36
36
and TAREK EIDOMARdevised and intended to devisea scheme and artifice to deframiddotud and to
obtain moneyfrom THOP Corporate by meansof materially false and fraudulent pretenses
representations and promises
MANNER AND MEANS
(t was part of the schemeand artifice that
]38 Using the methods described in Paragraphs 46-54 and 71-78 TAREK ELKAFRAWI
and TAREK EIDOMARmanipulated the SABLE Pointof Sale system to fraudulently report
debits and charges in order to hide the removal of cashdirectly from the Evansville IHOP
TAREK EID OMARat the direction of TAREKELKAFRAWI would then producea fraudulent
PampL report and mail it using the United States PostalService to provide that report to
Management Services in Wichita Falls Texas
139 Onor about each ofthe dates set forth below in the Northern District of Ohio
Western Division andelsewhere for the purpose ofexecutingand attempting to executethe
above described scheme and artifice to defraudTAREK ELKAFRAWI and TAREK EID OMAR
knowingly caused to be placed into any post office or authorized depository for mail matterany
matteror thingto besent and delivered by the US Postal Services and caused to be deposited any
matter to be sent or delivered by privateand commercial interstatecarrier the following matter
from Toledo Ohioand Evansville Indianato WichitaFallsTexas each mailingconstituting a
separate count
COUNT 14
Mm SENDER MAIL MAUER
January 302011 TAREK EID OMAR PampL report
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Case 312-cr-00262-0AK Doc 1 Filed 0522112 37 of 65 PagelD 37
37
COUNT 15
February14 2011 TAREK BID OMAR PampL report
COUNT 16
March 28 20II TAREKEID OMAR PampL report
COUNT 17
April 102011 TAREK EJD OMAR PampL report
All in violation ofTitle 18UnitedStates Code Sections 341 and 2
COUNT 18
(Use of Fire to Commit a Felony Title 18 USC Sections 844(h) and 2)
TheGrand Jury further charges that
140The allegations contained in paragraphs 1-16 and 18-102 ofthis Indictmentarc reshy
alleged and hereby incorporatedby reference as if fully set forth herein
141On or about August 10 and II 2008 [n the Northern Districtof Ohio Westem
DivisionTAREK ELKAFRAWI and JOSE LEON-GONZALEZ knowingly used fire to commit
Mail Fraud a felony prosecutable in a court of the United States
In violation ofTitle 18 United States Code Sections 844(h) and 2
COUNTl2
(Malicious Use of Fire Title 18 USC Sections 844(i) and 2)
The Grand Jury further charges that
142 The allegations contained in paragraphs 1-16and 18-102 ofthls Indictmentare reo
alleged and hereby incorporated by reference as if fully set forth herein
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38
143 On or about August 10and II 2008 in the Northern District of Ohio Western
Division TAREK ELKAFRAWIand JOSE LEON-GONZALEZ maliciously damaged bymeans
of fire and explosivematerialsa buildinglocated at 7777 Countymiddot Road 136 Findlay Ohio used
in interstatecommerce
In violation of Title 18 UnitedStates Code Sections 844(i) and 2
coUNtS 0-28
(Mail FraudTitle] 8 USCSection 1341)
The Grand Jury furthercharges that
144 The allegations containedin paragraphs 1-16and I8-102 of this lndictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
145 Fromapproximately the month of July 2008 the exact date unknownto the Grand
Jury through On or about October 27 2009 in the Northern District of Ohio Western Division
and elsewhereTAREK ELKAFRAWI devisedand intended to devise 8 scheme and artifice to
defraudFarmers InsW1J1ce Group and to obtain moneyand property by meansof false and
fraudulent pretenses representations and promises
146 It was part of the schemeand artificeto defraud that TAREK ELKAFRAWI would
submit traudulent invoices to FarmersInsuranceGroup under PolicyNumber 602926772 for
work that was not performed or performed at a lower invoice
147It was a furtherpart of the scheme and artifice that TAREK ELKAFRAWI submitted
claims forpayroll costs that were completely illusorybecause the requested claimswere for
periods the restaurant was closed and had no employees
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39
148 It was a furtherpart of the sc erne and artifice that all checks were sent directly to
TAREKELKAFRAWI at the Terry Elk G~OUP not the Findlay lHOP
149On or about each of the dates bet forth below in the Northern District of Ohio
Western Division and elsewhere for the Jurpose of executing and attempting to execute the
above described scheme and artifice to delud TAREK ELKAFRAWI knowinglycaused to be
placed into any post office or authorized dlpository for mail matterany matter or thing to be sentI
and dellvered by the US Postal Service Jd caused to be deposited any matter to be sent or
delivered by private and commercial inters~te carrier the following matter from the state of
Illinois to Toledo Ohio each mailingcon~itUting a separate count
October 17 2008
October22 2008
January 262009
October21 2009
September22 2008
January 26 2009
SENDER
Fanners Insurance
Farmers Insurance
Farmers Insurance
Farmers Insurance
FarmersInsurance
Farmers Inswance
CO 20
M61LMAmR
$S5947S 1check to Terry Elk Group
21
I $45581367 check to Terry Elk Group
~ I $24444302 check to Terry Elk Group
~ I $2262384 check to Terry Elk Group
bOUNTM
I $2500000 check to Terry Elk Croup
~ $15684795 check to Terry Elk Group
PAGE 1015WTOL NEWS05232012 1149 4192447104
Case 312-cr-00262-DAK Doc 1 Filed 05122112 40 of 65 pagelD 40
40
COUNT 26
October ~ I 2009 Farmers Insurance $4285205 check to Terry Elk Group
COUNT 27
February 172009 Farmers Insurance $20867200check to Terry Elk Group
COUNT 21
October 27 2009 FarmersInsurance $15226400 check to Terry Elk Group
All in violationofTitle 18 United States Code Section 1341
COUNT 29
(Aggravated IdentityTheft Title 18 USC Section 1028A and 2)
The OrandJury furthercharges that
ISO The allegations contained in paragraphs 1-16and 18~102 of this Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
J51 Onorabout October9 2007 in the Northem District of9hlo Western Division
TAREK ELKAFRAWI did knowinglyuse without lawftllauthority a means of identification of
another personduring and in relation to the commission ofWire Fraud a violation ofride 18
United States Code Section 1343
In violation of Title 18 United States Code Sections I028A(a)(1) and 2
CQVNT30
(Aggravated Identity Theft T~tle is USC Section l028A and 2)
The Grand Jury further charges that
152 The allegations eontained in paragraphs 1-16 and 18-102 of this Indictment are reshy
alleged and hereby incorporated by reference as if fully set forth herein
05232012 1149 4192447104 WTOL NEWS PAGE 111 5
Case 312-cr-Q0262~DAK Doc 1 Filed 052212 41 of 65 PagelD 41
41
153 On or about May 192008 in the Northern District of Ohio Western Division
TAREK ELKAFRAWIdid knowingly use without lawfulauthoritya means of identification of
another personduringand in relation to the commission of Wire Fraud a violation ofTitle 1g
United StatesCodeSection I~43
In violation of TitJe J8 UnitedStates Code Sections 1028A(a)(I) and 2
COUNT31
(Aggravated IdentityTheftTitle 18USC Section J028A and 2)
The Orand Jury furthercharges that
154 The allegations contained in paragraphs 1-l6- and 18middot102 of this Indictment are reshy
alleged and herebyincorporated by reference as if fully set forth herein
155 On or aboutJuly 132Q09 in the Northern District of Ohio Western Division
TAREK ELKAFRAWIj did knowingly use without lawfuJ authority a means of identification of
another personduring and in relation to the commission of Wire Fraud a violation of Title 18
United StatesCodeSection 1343
In violationofTitle 18 United States Code Sections 1028A(aXl) and 2
COlNT32
(Aggravated IdentityTheft Title 18USC Sectlon J028A and 2)
The Grand Jury furthercharges that
J56 Theallegations contained in paragraphs1-16and 184 J02 of this Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
157On or about May3l 2009 in theNorthern Districtof Ohio Western Division
TAREK ELKAFRAWI did knOWingly use without lawful authoritya means of identification of
OS232012 1149 4192447104 WTOL NEWS
Case 312-cr-00262-DAK Doc 1 Flied 0522112 42 of 65 PagelD 42
42
another person during and in relation to the commission of Wire Fraud a violation of Title 18
United States Code Section 1343
In violation ofTitle 18 United States Code Sections 1028A(a)(I) and 2
COUNT 33
(Aggravated Identity Theft Title 18 UsC Section l028A and 2)
The GrandJury further charges that
138 The allegationscontainedin paragraphs 1-16 and 18-]02 of this Indictment are reshy
alleged and herebyincorporated by reference as if fullyset forth herein
159 On or about October 22008 in the Northern District of Ohio Westem Division
TAREK ELKAFRAWI did knowingly use without lawfulauthority a means of identification of
another personduring and in relation to the commission of Wire Fraud a violationof Title 18
United States Code Section 1343
In violationof TItle ]8 United States Code Sections 1028A(a)(I) and 2
CQVNT34 (Aggravated IdentityTheft Title 18 USC Section 1028A and 2)
The Grand Jury furtherchargesthat
160 The allegationscontained in paragraphs 1-16and 18-102ofthis Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
16t Onor about January27 2008 in the Northern District of Ohio WesternDivision
TAREK ELKAFRAWI did knowinglyuse without lawfulauthority a means of identification of
anotherpersonduringand in relation to the commissionofWire Fraud a violation ofTitJe 18
United States Code Section 1343
In violation of Title 18United States Code Sections l028A(a)(1) and 2
I I
WTOL NEWS PAGE 13115OS232012 1149 4192447104 I
Case 312-cr-00262-DAK Doc 1 Filed 052212 43 of 65 PagelD 43
43
COUNT 35 (AggravatedIdentityTheft Title 18USC Section 1028A and 2)
The Grand Jury further charges that
162The allegations contained in paragraphs I-16 and 18-102 of this Indictment are reshy
alleged and herebyincorporated by reference as jf fully set forth herein
163On or about March 72009 in the NorthernDistrict of Ohio Western Division
TAREK ELKAFRAWI and KHALED YOUSEF did knowinglyuse without lawful authority a
means of identification of another personduringand in relation to the commission of Wire Fraud
a violation of Title 18 United States Code Section 1343
In violationof Title 18 United States Code Sections 1028A(a)(1)and 2
COUNT 36
(Aggravated IdentityTheft Title 18 USC Section 1028Aand 2)
The GrandJury further charges that
164 The allegations contained in paragraphs 1-16 and 18-102 of this Indictmentare reshy
allegedand hereby incorporated byreferenceas if fully set forth herein
16S On or about March tS 2009 in the Northern District of Ohio Western Division
TAREK ELKAFRAWI and KHALED YOUSEF did knowinglyuse without lawful authority a
means of identification of another person duringand in relation to the commission of WireFraud
a violation of Title 18United States Code Section 1343
In violation ofTitle 18United States Code Sections l028A(a)(1) and 2
~~~~2012 1149 4192447104 wloe NEWS
Case 312-cr-00262-0AK Doc 1 Filed 052212 44 of 65 PagelD 44
44
COUNT 37
(Aggravated Identity The~ Title 18 USC Section l028A and 2)
The GrandJury further charges that
166 Theallegations contained in paragraphs 1-16 and 18-] 02 of this Indictment are reshy
alleged and hereby incorporated byreference as if fully set forth herein
167 On or aboutJuly 21 2009 in the Northern District of Ohio Western Division
TAREK ELKAfRAWI and RAMIZAWWAO did knowingly use without lawful authority a
means of identification of anotherperson duringand in relation to the commission of WireFraud
a violation of Title 18United States Code Section 1343
In violation ofTitle 18 UnitedStates Code Sections l028A(a)(1) and 2
cOUNT38
(Aggravated Identity TheftTitle 18 USC Section 1028A and 2)
The Grand Juryfurthercharges that
168Theallegations contained in paragraphs 1-16 and t8-102 of this Indictment are reshy
alleged and hereby incorporated by reference 8S if fully set forth herein
169 On or about July 132009 in the NorthernDistrict ofOhio WesternDivision
TAREK ELKAFRAWIand IAMIL MOHAMMED AWWAD did knowingly use withoutlawful
authority a meansof identification of another person during and in relation to the commission of
Wire Fraud a violation ofTitle 18 United States Code Section 1343
In violation of Title 18 United States CodeSections l028A(a)(1) and 2
11 4l 41 l~44 IUl4 WIUL NIWl
Case 312-cr-00262-DAK Doc 1 Filed 0522112 45 of 65 PagelD 45
45
COUNT 39
(Identity Theftt Title 18 USC Sections 1028 and 2)
The Grand Jury further charges that
170 The allegationscontained in paragraphs 1-16 and 18-102 of this Indictment are reshy
alleged and hereby incorporated by reference as if fully set forth herein
171 On or about December132010 in the Northern District orOhio Western Division
TAREKELKAFRAWI and DONNA J HARRIOTTt did knowingly use in or affectinginterstate
or foreigncommerce without lawful authority a means of identification ofanother person to wit
s social securitynumber and date of birth with the intent to commit or to aid or abet or in
connectionwith any unlawful activitythat constitutes Wire Fraud 8 violation of 18USC
sect1343 and the offense involved the useof an authentication feature that is or appears to be an
identification document or authentication feature issued by Or under the authority of the United
States
All in violation ofTitle 1St United States Code Sections 1028(a)() (b)(l )(A)(l) and (f)
and 2
COUNI40
(Identity Theft Title 18USCbull Sections 1028and 2)
TheGrand Juryfurther chargesthat
172The allegationscontained in paragraphs 1-16 and J8middot102 of this Indictment are reo
allegedand hereby incorporated by referenceas if fully set forth herein
173On or about May42010 in the Northern District ofOhio Western Division
TAREK ELKAFRAWI and SARA RINEBOLT did knowingly use in or affecting interstate or
Case 312middotcr-00262-DAK Doc 1 Filed 052212 10 of 65 pagelD 10
10
Understating Income
29 The schemes described in Paragraphs 19 through 28 further allowed TAREK
ELKAFRAWI MK K M and TAREKEID OMARto createan environment ill which the
managers were expected to manipulate the Pointof Sale systems to reduce the weekly netsales
figures
30 ByartificiallY deflating the net sales figures TAREK ELKAFRAWI and coshy
conspirators defrauded IHOP Corporateby paying a smalleramount of rent and royaJties to
JHOP Corporate than was actually owed furthermore the franchises qualified for rebates and
relief assistance payments from IHOP Corporate for which theyotherwisewould not have been
eligible
31 Asa resultof the underreporting of incomeandmanipulation of wages resulting from
the hiring andharboring of illegal aliensTAREKELKAFRAWl and MK as owners and
operators of the seven identified IHOP restaurants aidedand abetted by KM and AUWMN
LEETANOAS generated over$12 million in unreported income
32 Toconceal the existence of unreported income andto promote the continuance of the
schemefacilitated by the alien harboring TAREKELKAFRAWI and MKengaged in a
continuing courseof wirefraud by electronically transferring assets and fundsto credit cards in
the names of the mop franchises to a shellcorporation that is the TerryElk Groupto other
cornmerclal investments to bank accounts opened in the names of false fraudulent and stolen
identities to foreign and domestic properties and to foreign bank accounts
ColJusion with the FBC
33 In order to conceal the nature of the wire fraud TAREKELKAFRAWI MK and
srat 391d SM3N lOLM
Case 312-cr-00262-DAK Doc 1 Flied 052212 11 of 65 PagelD 11 bull to II bull
11
KM enlisted AUTUMN LEE TANGAS the FBe for the regionto minimize the likelihood that
IHOP Corporate would question the weekly net sales figures underreported bythe seven
IdentifiedJHOP restaurants
34 Specifically in December2003TAREK ELKAFRAWI enteredinto an agreement
with AUTUMN LEETANGAS in which AUTUMN LEETANOAS friend LR (not charged
in this indictment) would receive health benefits and paychecks in return for AUTUMN LEE
TANGAS making an undocumented investment in the FindlayIHOP
35 Prior to the December 182003 purchase of the Findlay IHOP byTAREK
ELKAFRAWI AUTUMN LEETANOAS had informed TAREK ELKAFRAWIthat IHOP
Corporateneededto find a suitable purchaser for the Findlay poundHOP AUTUMN LEE TANOAS
knew that TAREK ELKAFRAWI did not have the financial ability to purchase the franchise at
that time hut that she herself did However AUTUMN LEETANGAS knew that because of
her position 8$ FBC she was precludedby IHOP Corporate from investing in any franchise
36 Inreturn for providingTAREK ELKAFRAWI$50000 to purchase the Findlay
IHOP AUTUMN LEETANGAS friend LRwas listed as minority owner of the Airport
Highway mop and receivedweekly paychecks andhealth benefits from that corporation despite
the fact that she never worked as an employee there
37 On or about December6 2004 AUTUMN LEE TANGAS deposited a $5000 check
drawn on the Airport HighwayIHOP account(and signedby TAREK ELKAFRAWI) into her
bank accountas a partial return on her sub rgainvestment in the Findlay IHOP
38 On or about April 23 2005 AUTUMN LEE TANOAS depositeda $40000cashiers
check from TAREK ELKAFRAWls personal bankOld National Bank in Evansville lndiana
5poundtt G10GpoundG509tH 39Vd SM3N lOlM
I
Case 312~cr-00262middotDAK Doc 1 Filed 052212 12 of 65 PagelO 12
12
into her bank account as ~ partial return on her investment in the Findlay IHOP
39 AUTUMN LEETANGAS failed to inform lHOP Corporateof her financial
relationship witheitherLR or TAREK ELKAFRAWI
40 On or about June 8 2005 AUTUMNmiddot LEETANOAS deposited a $20000 check
drawn on the Airport Highway IHOP account (andsignedby TAREK ELKAFRAWI) into her
bankaccount as a final return on her investment ill the FindlayJHOP Since that investment
AUTUMN LEETANGAS hal continued to serveas FBC for the restaurants owned and operated
by 1AREK ELKAFRAWI and othersknown to the Grand Jury During that time those
restaurants wereneveraudited nor were their sales losses or financial performances questioned
41 IHOPCorporate also was not notified of a fire at the FindlaylHOP in 2008 that
resulted in approxhnately $136 million in damage claims by TAREK ELKAFRAWI and the
closureof the location for three months Such information is the type ofmaterial information
IHOP Corporate expects FBCs to collect and provide in reports to headquarters
42 On multiple occasions known to the Grand Jury AUTUMN LEETANGAS informed
managers of the Toledo-area IHOPs that she knewthat a numberof illegal aliens worked for the
lHOPsownedand operated by TAREKELKAFRAWIand madestatements to persons known
to the Grand Jury that everyone wouldbe in trouble if that fact became known
43 Pan afthe incomplete and erroneous infcrmation provided by AUTUMN LEE
TANGAS to IHOPCorporate included her filing yearly reports recommending that lHOP
Corporate subsidize the Central Avenue IHOP by providing a weekly credit ofapproximately
$2300 This credit referred to as a reliefpayment was supposedto be used to lessen the burden
of payingweekly rent and royalty payments for an underperforming restaurant Originally
SIC1 3911d SM3N lOlM
I
Case 312-crmiddot00262-DAK Doc 1 Filed 0522112 13 of 65 PagelO 13
13
intended by mop Corporate to be a temporary short-term paymentused in extraordinary
circumstances through the attestations andsupport of AUTUMN LEETANGAS theCentral
IHOP received credits for overfive years Asa resultTAREKELKAFRAWIpersonally
realizedover$500000 in revenue that otherwise would have been retained by mop Corporate
44 Additionally the annual reports supporting on-goingrellefpayments enabled TAREK
ELKAFRAWI and MK to justify declining sales which in actuality were a direct result of
Point of Sale system manipulations and otherfrauds rather than a marketcondition affecting the
franchise
45 Protected from IHOPCorporate scrutiny TAREKELKAFRAWI MK and KM
directedand controlled several ongoingwirefraud schemes involving the finances of their IHOP
franchises These wire fraudschemes faU intothe following categories Point of Salesystem
manipulations of the grossand net sales and fraudulent reporting of assets and liabilities to skew
the performance of certain restaurants thereby qualifying them for IHOPCorporate benefits
false reporting to ewe and payroll manipulations to enable improperhealthand welfare
benefits
Point of Sales MauipulatloD
46 In addition to the aboveschemes from approximately 2004 to the dateof this
indictment TAREK ELKAFRAWI MK and TAREK EID OMARpersonally directed
managers to manipulate the Pointof Sale systems in order to remove cash from the stores 8S
unreported income
47 TAREK ELKAFRAWI and MK directed the Point of Sales system remotely
through the use of software that gave them full access and controlof the Pointof Salessystem
SM3N lOLM
Case 312-cr-00262-DAK Doc 1 Filed 0522112 14 of 65 PagelD 14 )4
from their homes Since approximately 2010-20]) TAREK ELKAFRAWI and MK have used
softwarecalled Team Viewer This software was installed on the home computers ofTAREK
ELKAFRAWI and MK in 2010 and 2011 respectively shortlyafter the latestMICROS system
was installed on all [HOP computers
48 One of the schemes to defraud was to manually reset the internal clock and calendar
of the MICROSsystem For instance on a Monda) the MICROS system would be set two days
ahead this would essentially pausethe system from downloading and compilingthe sales
figWes Thus although on that Wednesday the MICROS system would recognize the sales
recorded for Monday Tuesday and Wednesday and create aggregate statistics for those three
days the fact that the system was paused for thosedays allowed managers to manipulateor
under-report all of the cash transactions because cash transactionswere recognized as open
tickets for those threedays
49 The benefit of having an openticket was significant As long as a ticket was
open a sale was not considered complete that ticket could then be manipulated or even
deleted completely Thus when the MICROS system clocks werereset any open tickets or
cash transactions could be voided in MICROS and the easb receivednot recorded
50 In addition to manipulatingthe intemalsettings of MICROS MK and TAREK
ELKAFRAWI deviseda scheme whereby the MICROSsystem would simply be turnedoff
either by MK or a manager and product sales rung up manually
5 t Like the clock-settingscheme when MICROS was off-line tickets became
unreportable so cash transactions were not recorded by the system and moniescould be received
and deposited without lUI) paper trail Such transactions were not taxed and the sales were not
SM3N lOlM
middot
Case 31Z-cr-OQ262-DAK Doc 1 Filed 052212 15 of 65 PagelD lS
]5
recorded at the IHOP Corporate level so money that would otherwise have triggered the payment
of taxes or franchise feeswas kept by TAREK ELKAFRAWI as unreported income
52 TAREK ELKAFRAWI MKand TAREK EID OMARalso manipulated the
reporting of sales through the use of coupons When a customer paid in cash the store manager
was directed to use a store coupon to reduce the ticket or void the sale completely Therefore the
difference betweenthe reduction or void was not reflected in the final sale total and could be
taken by management as unreported income Accordingly TAREKELKAFRAwr MK and
TAREK EID OMARdirected their managers to use cash sales transactions to realize unreported
incomebull
53 ~AREK ELKAFRAWIand TAREK BIDOMAR manipulated the SABLE systemin
the Evansvillerestaurantmuch morebrazenlythan in theToledo-arearestaurants because of
certain exploitablecharacteristics of the SABLEsystem
54 Manipulations also affected employees salaries Starting in 2004 and continuing
through the present TAREK ELJltAFRAWI MK and TAREK ErO OMARdirected managers
to automatically deduct30 minutes fromalmost every employees time card daily in the Pointof
Sale systemsusing the BmiddotSO1 programs ability to edit entries
Manipulatiag Profit and Loss Statemenl$
55 The goal of these schemeswas to divert money from the restaurants actual gross
income into the personal accounts ofTAREK ELKAFRAWI and MK as unreported and
untaxed income As part of the schemeto laundermoney and evade federal state and local
taxes TAREK ELKAFRAWIMKbull KMand TAREK EID OMAR also directedaccountants
=iMlN nlM
PAGE 0115OS232012 1144 4192447104 WTOL NEWS I
Case 312-cr-00262-DAK Doc 1 Filed 052212 16 of 65 PagelD 16 I bull bull
16
and bookkeepers to manipulatethe profit and loss statements (hereinafterPampLs) and balance
sheets for their various corporations
56 A PampL is a physical or electronic documentdetalHng how a corporations gross
income is transformed into the net income It displays the reported gross income for a specific
period oftime and the costs and expenses charged against this income The purpose is to show
interestedpartieswhetherthe corporation lost Or made money The accountants created the PampL
statements using data providedby TAREK ELKAFRAWI and MK and relied on those PampLs to
filecorporate taxes
57 That data wasculled from various sources MK helped create the PampLspreadsheets
by providing the documents to the managersand then received the completed weekly
spreadsheets via email Upon receiving the PampL spreadsheets the restaurant managers added in
reported total sales laborcosts for the staff invoicesfor food and supplies food discountsand
manager voids However the managers salaries end the restaurants rent expenses were entered
in the spreadsheet by MK and could not be altered by other employees Included in the
spreadsheetportioncreated by MK were some budgetary lines containing debits for categories
that simply did not exist as businessexpenses Thenumbers provided by MK were inflated
For example the LimaIHOP PampLlisted a gross total ofapproximately$ ]500 per week for
managers salaries However the number that MK entered into the PampL for managers salary
was $2100 per week Likewise the amount paid in rent was consistently inflated in excessof
actual rent payments for the tHOP restaurants The spreadsheets were then submitted to the
accountantswho created the PampL TAREK ELKAFRAWI reviewed the final PampL and made
revisions to further hide his efforts to divert profits
41l44flI14 WIUL NcW~
Case 312middotcrmiddot00262-DAK Doc 1 Filed 0522112 17 of 65 PagelD 17
17
58 Byknowingly entering inaccurate infonnation into the PampLs TAREK ELKAFRAWI
MK KM and the store managersactingat their direction in effect manipulated the tax
burden levied on their corporation byfederal state and local governments
59 Furthermore as II result of the PampLmanipulation the net profits Were artificially
deflated to minimize the amount of royalties and rent paid to IHOP Corporate
Defrauding Worken Compensation
60 Beginning in approximately2003 TAREK ELKAFRAWI MK and KM set up
various schemes to defraud BWC and lowerthe amount they had to pay into the Workers
Compensation system BWCpayments helpcover the cost of injuries to employees whoare hurt
on the job and functions as a ferm of insurance for a company The percentageof wagespaid by
the employerare relatedto the type of business a companydoes the number of employees the
number of claims in prior reporting periodsand other factors to arrive at a semi-annual figure
owed by a company
61 From 2004 to the present TAREK ELKAFRAWIand MK manipulated some of the
factors used by awe to determine an employers premiumsfor its employees For instance
since managers premiumsare calculated at a higher rate because their salaries are greaterthan
other employees TAREKELKAFRAWI MK and KM devised a scheme to lower manager
reporting to zero(0) likewise a cooks premium would be calculated at a higher rate because
they work in moredangerous situations thanwaitresses TAREK ELKAFRAWI MK and
KM developedwaysto manipulate the reporting ofemployees average weekly salaries Also
although overtime and tips are calculated by BWCTAREK ELKAFRAWI MK and KM
WIUL NtW~41 j~441~4~o~~pound~l~ 1144
Case 312-cr-OD262middotDAK Doc 1 Filed 052212 18 of 65 PagelD 18
18
deviseda schemeto avoid includingthose two factors in the final equation to fraudulently
understate premiums owed to awe
62 During2004 MK and KM submitted the semi-annual reports in person at the
Toledo office ofBWC The paymentswere made via check which triggered an electronic funds
transfer from IHOP bank accounts to BWe accounts In 2005 awc switched to an electronic
filing system
63 MK directedKM to use the averageof the lowest weekly payroll to calculatethe
semi-annual wage figure despite the fact that Bwe regulations required an average ofall weekly
wage figures for the reporting period By submitting only an average of the lowest weeks
TAREK ELKAFRAWI MK and KM deflatedthe wage figure
64 To further depress the numbers MK told KM to omit the salaries ofmanagers and
tips and then deductmore from the total Generally this manipulationdecreased the final wage
figure by an additional twenty percent(20)
6 From 2004 to the date of this indictment TAREK ELKAFRAWI was made awareof
the paymentfigure regardless of who filed the form and directed each paymentto be lower than
the previousone
66 DespiteTAREK ELKAFRAWls seeminglyarbitrarY calculus this reportingfigure
could be audited by awe The department required all businesses to file a Form 941 which
listed employees wages and taxes paid every90 days for the purpose ofpaying federal taxes
67 The Fonn 941 was created for BWC using Profit and Loss sheets MICROS and
payrollrecordsand was generally consistentwith those documents
WTOL NEWS PAGE 0415OS232012 1144 4192447104
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19
68 During an audit BWe could request the Form 941 and compare those numbers with
the numbers provided to awe
69 Between 2004 and 2009 KM received noticesof Bwes intention to audit various
Toledo IHOP locations Each timea notice was receivedKM TAREK ELKAFRAWI and
MK simplyignored it Threeof the auditswere never perfonned by BWC
70 BWe did audit the Findlay IHOP in 2007 fora two-year period Originally it was
determined that the restaurant owed over $55)000 in unpaidawe premiumsfor that timeperiod
71 In orderto avoid paying these premiums KM amendedtherestaurant)s worksheet
deletingmanagersnames from the list of employees and fraudulently listing the managers 8S
officersof the corporation that owned Findlayand therefore we~ exempt from payingworkers
compensation premiums However the Articles of Incorporation were not changed to list these
managers as corporate officers
72 Bymaking this change at the direction ofTAREK ELKAfiRAWI KM reportedly
reduced the amount of premiums owed awe to approximately i35000 When AunrMN LEE
TANGAS learned of thisscheme rather than reporting it to IHOP Corporate either the crime or
the addition of newofficersas required by corporate policy she told KM Youjust saved
TAREKs a-
73 In 2007 in response to the auditTAREKELKAFRAWI MK and KMcreated the
Terry Elk Group all managers weretransferred to that company and put on its payroll The
Terry Elk Group was created byKM at thedirection ofTAREK ELKAFRAWIto further
minimize payments to awe
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20
74 Although each of the seven identifiedmop restaurants transferred money to the
Terry Elk Groupto pay salaries for managers the Terry Elk Group never paid awe taxes
75 TAREK ELKAFRAWIand MK were officers of the Terry Elk Group and TAREK
ELKAFRAWland AUTUMN LEETANGAS both told KM that this was a great solution to
avoid payingBWC
76 The falsification of recordsand thecreation of the Terry Elk Group resulted in an
underpaymentofapproximately S2S0OOO to BWe
Document FJ1lud
77 TAREK ELKAFRAWI MK and TAREK EID OMAR further manipulated the
accounts of the IHOPrestaurants in order to laundermoney through false payouts and
fraudulentlyreported transactions
78 TAREK ELKAFRAWI MKand TAREK EID OMAR used a system of payouts
in the fonn of paper receipts deposited in the cash registers to reflect further unreported cash
withdrawals While these receipts were ostensibly for occasional items such as landscaping
charges extra food ingredients or supplies jn reality most payouts were not for services
rendered but weremerely cash withdrawals TAREK ELKAFRAWI MK and TAREK EID
OMAR directed managers to create payout slips to cover cash withdmwals and use the payout
slips to justify the withdrawals as business expenses to the accountants
Insurance Fraud
79 In 2008 the Findlay IHOP burned as a result of arson The fire was intentionally
started by JOSE LEON-GONZALEZ and individuals unknown to the Grand Juryat the direction
PAGE El6 5 WTOL NEWSOS232012 1144
Case 312-cr-00262-DAK Doc 1 Filed 0522112 21 of 65 PagelD 21
21
and orderofTAREK ELKAFRAWI and MK to facilitate insurance fraud schemes by TAREK
ELKAFRAWI
80 TAREK ELKAFRAWIsubmitted approximately $136million in fraudulent
insurance claims for firedamage to the restaurant The receipts submitted to the insurance
company reflected overcharges charges for work never doneworkdone at artificially inflated
prices and for fraudulent payroll claimsand lost income Additionally TAREK ELKAFRA WI
created wholly fictitious invoices and diverted thosepayments to his personal use
Rebate Fraud
81 TAREK ELKAFRAWIandMK used a varietyofadditional accounting
manipulations to affect the franchises balancesheets For example TAREKELKAFRAWI
often personally received rebate checks from food and beverage vendors reflecting the large
amountsofmoneyspent with theircompanies Thesechecksweremailed directly to TAREK
ELKAFRAWIs homes in Toledo and Evansville ratherthan delivered to the intended restaurant
The amounts were substantial Tropicanas annual rebate was approximately $12000 Cocashy
Colas annual rebate was approximately $7500 US Foods annual rebate was approximately
$80000 and Pepsis annual rebatewasapproximately S55000 From2004 to the date oftbis
indictment the total amount of rebate payments received by TAREK ELKAFRAWI exceeded
SIIOOOOO
82Before 2005TAREK ELKAFRAWI simplyused this money for personal expenses
However after 2005 TAREK ELKAFRAWIoccasionally reinvested the rebate money into the
franchises as a loan from officer
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22
83 Under this scheme TAREK ELJltAFRAWI was essentiallyclaimingthe corporations
money for himself8Jld loaning it back to the businesswhilenot reporting the rebate money as
personal income This generated an additional unwarranted liability for the corporation receiving
the loan while TAREK ELKAFRAWI would take a personal loss on his taxesfor the unpaid
loan Thus the overall tax liability for the company and for TAREK ELKAFRAWI was
fraudulently lowered
Other Schemes to Defraud
84 Thebalance sheet was also affectedby claimingremodelingcosts as a liability instead
of an asset IHOP Corporatemandated that each restaurant be remodeled every five years Per
JHOP Corporate policy this costs a franchise approximately $70000 Under standard
accountingpractices this remodel should be considered an appreciation However TAREK
ELKAFRAWI regularly directed the accountants to claimthis expense as repair and
maintenance considered a liability
85 In September2010 ManagementServices the accountantsused by TAREK
ELKAFRAWI questioned a $40000 remodelingof the Evansville restaurant completedin 2007
TAREK ELKAFRAWI lied to the accountantsthat the $40000was a personal loan from a
businesspartner Management Services then issuedcheckstotaling $40000 to the business
partner TAREK ELKAFRAWI took these checks for his own purposes
86 TAREK ELKAFRAWI also used the restaurants to obtain loans that he would
otherwisenot beable to secure TAREK ELKAFRAWIapplied for loans using well-performing
IHOP restaurants as collateral for the loans then used those loans to pay for improvements on his
other (HOPrestaurants
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87 The improperbenefitreceived arose from the fact that each restaurant is an
independent corporation Knowing that certainIHOP restaurants such as Findlay would be
unable to securea loanTAREK ELKAFRAWIwould apply for a loan using a corporation for a
healthyrestaurant likeLima Once he hadsecured that loan he wouJd use the money on the
unqualified restaurant
88 Thusthe healthy restaurant wouJd cany a loss in the form of an outstanding loan on
its books lowering its tax liabilities while the other restaurantenjoyed the use of the loan
without having to report the transferof funds as profit
89 TAREKELKAFRAWI furtherusedschemes to transfer moneyobtained from IHOP
Corporate intended to benefitone restaurant to the use of another restaurant or directly to
himself
90 Forinstance advertising and marketing revenue would be used byTAREK
ELKAFRAWIand MK in a mannersimilar to the rebate checks In 2007 TAREK
ELKAFRAWIsubmitted a fraudulent invoicereflecting the purchase of an advertising sign for
CentrallHOP for$13500when in facthe only spent $3500 on the sign He receiveda check
fromIHOPCorporate for $13500and pocketed the difference TAREK ELiltAFRAWI
thereafterreported the remaining $ J0000 as a loan ftom officer and not taxable income
9Jbull TAREK ELKAFRAWI and MK also used the CentraliHOPs advertising budget
provided by li-fOP Corporate to pay for all of the northwest Ohio ]HOPs marketing They
would inflateCentrals invoice with the Invoices for the five other restaurantsand then send that
aggregate invoice to HOP Corporate
PAGE 091 505232012 1144 4192447104 WTOL NEWS
Case 312-cr-00262-DAK Doc 1 Filed OS2212 24 of 65 PagelD 24
24
MediearelWelfarerrax Fraud
92 TAREK ELKAFRAWI MK and TAREKEID OMAR together and separately
devised schemesto personaltycollectmedical and welfarebenefits for which they did not
qualifyand sanctioned employees to do so as well
93 Using an alternate identity MK split his salary between two paychecks creating a
lower reportableincomefor each identity Usingthese dual identities MK has to date claimed
approximately $140000 in Medicaid paymentsand $35000 in food stamps and welfare benefits
from the State of Ohio
94 To further these schemesTAREK ELKAFRAWI and MK created a false property
management companythrough which MK paid rent to TAREK ELKAFRAWI in order to
show less income BothTAREK ELKAFRAWIand MK created and submitted false payroll
checks and financial documentsto support the fraudulent claims
95 TAREK ELKAFRAWI and MK also sanctionedand encouraged employees to file
fraudulent claims KHALED YOUSEF TAREK EID O~ RAMIZ AWWAD and JAMIL
MOHAMMED AWWAD were told by TAREK ELKAFRAWI and MK how to minimizetheir
payrollearnings throughthe use of multipleidentities in order to claim benefits TAREK
ELKAFRAWI toldTAREK EID OMARto eitherstart fraudulently claiming welfare or quit
having children
96 These manipulations to income revenue and payroll were reflectedin erroneousand
fraudulent tax statements to the Internal RevenueService TAREK ELKAFRAW1 directed
accountants to file his personal and corporate lax returns based on this fraudulent information in
an attempt to minimize and obscure his true incomeand tax liabilities
PAGE 10 5WTOL NEWS4192447104OS232012 1144
Case 312-cr-00262-DAK Doc 1 Filed 052212 25 of 65 PagelD 25
25
Money Laundering Schemes
97 Inorder to hideandconceal thesourceof the proceedsof the wire fraud schemes
TAREK ELKAFRAWI KELLY ELKAFRAWI MK and TAREK EID OMAR engaged in real
estatetransactions
98 TAREK ELKAFRAWI loaned TAREKEID OMARand previous Evansville mop
managers YS andAA approximately S50OOO to purchase a gas station in Evansville Indiana
usingfunds derived solely from TAREK ELKAFRAWrs rnop franchises
99 To conceal the source and nature of the funds used to purchasethe gas station located
at 600North Burkhardt Road Evansville Indiana TAREK ELKAFRAWI transferred
approximately SSOOOO to TAREK EIDOMAR Y S and AAwhich theyused to purchase the
gasstation
100Using laundered assets fromthe IHOP restaurants TAREK ELKAFRAWI and
KELLY ELKAFRAWI purchased homes at l0400 Tecumseh Drive Newburgh Indiana and
J4745 Prairie Lake Drive Toledo Ohio
101 Likewise MK purchased the following properties using funds from bankaccounts
in his various names 2510 Live Oak Road Sylvania Ohio 4027 Meadowgreen DriveSylvania
Ohio 7129 Sandy Springs Road Maumee Ohio and4837 SpringbrookDriveToledo Ohio
The funds were proceeds of the fraudulent schemes
102 Finally from 2004to the date of this indictment TAREK ELKAFRAWIsent
proceeds of fraudulent IHOP transactions overseas by carrying them on his person usingbank
acccunts ownedandcontrolled byTAREKEIDOMARand others knownto the Orand Juryand
using Western Union accounts operated by TAREK EIDOMARand SM (not charged in this
41 1pound44 (1~4 WIUL N~W~
Case 312-cr-00262~DAK Doc 1 Filed 0522112 26 of 65 PagelO 26
26
indictment) Those funds have been used in part to purchase real estate and to make investments
in Egypt
All in violation of Title 18 United States Code Section I956(h)
COVNTl
(Conspiracy to HarborAliens Title 8 UsC Sections t324(a)(l)(AXiii) and I324(a)(1)(AXv)(I)
The Orand Jury furthercharges that
I03 Paragraphs 1-16and 18-I02 are re-alleged and hereby incorporated by referenceas if
fully set forth herein
104 From at least as early as January2004 the exact date to the Grand Jury unknown
through at least December31 2011 in the Northern District of Ohio Western Division and
elsewhere the DefendantsTAREK ELKAFRAWI KELLY ELKAFRAWI AU11JMN LEE
TANGAS MK JOSE LEONmiddotGONZALEZ aka Jose Leon aka Jose Vargas aka Juan Vargas
aka Edwin MartelTAREK ElD OMAR CARLOS GAMBOA KHALED YOUSEF RAMIZ
AWWAD aka Ray JAMIL MOHAMMAD AWWAD KHALIL ABOUDAKKA MAHMOUD
ALI MOHAMED HASSANDONNAJ HARRIOIT LUCKY WILLIAMS and CESAR
AVILA did knowingly and intentionally combine conspire and confederate with each other and
with others known and unknown to the Grand Jury to conceal harbor and shield from detection
one or more aliens namely FJV-PJOSE LEON-GONZALEZ aka lose Leon aka Jose Vargas
aka Juan Vargas aka Edwin Martel MT-C C V V-A S L CESAR AVILA CARLOS
GAMBOAE M A M A G F G J LNU J LNU and approximately two hundred other
aliens known to the Grand Jury In several buildings including but not limited to the Perrysburg
PAGE 12 5WTOL NEWSOS232012 1144 4192447104
Case 312-cr-00262-DAK Doc 1 Flied 052212 27 of 65 PagelD 27
27
Findlay Lima Airport Highway Central Talmadge and Evansville JHOPs as wellas 801 Hiltop
and 4020 RoyerRoad in ToledoOhio knowingand in recklessdisregard of the fact that the
aUen(s) had cometo entered and-remained in the United States In violation of law
A) 11 waspart of the conspiracy that the managers of (HOP restaurants
would hire undocumented aliens to workat the mops after clearingthe
hires with MK or TAREKELKAFRAWI
B) It was further part ofthe conspiracy that undocumented aliens would be
paid in cashuntil theyobtained fraudulent immigration and workdocuments
C) It was funher part of the conspiracy that co-conspirators sometimes would
assist the aliensin finding lodging and in cashing checksat the mop
or bankinginstitutions
D) It was further part oCthe conspiracy that undocumented aliens often would
be paid usinga fake name Or check name
E) It was further part of the conspiracy that the undocumented aliens sometimes
would be transported to other HOP restawant locations to work
F) It was further part ofthe conspiracy that co-conspirators sometimes would
assign to the undocumented aliens the socialsecurity numbers and personal identifierS of
former employees to shield the illegalworkers from discovery
All in violation of Title 8 United States Code Sections 1324(a)(l)(A)(iii) and
1324(a)(1 )(A)(v)(I)~
PAGE 13 5WTOL NEWSOS232012 1144 4192447104
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28
WVNTS3~7
(Mail Fraud Title 18USCbull Section 1341)
The Grand Jury furthercharges that
t OS The allegatiens contained in paragraphs Imiddot16 and 18middot02 of this Indictment are reo
allegedand hereby incorporated by referenceas if fully set forth herein
106 From on or about August 192003 to the dateof this Indictment in the Northern
District or OhioWestern Division and elsewhere TAREK ELKAFRAWI AUTUMNLEE
TANGAS andMK (not charged in this Indictment) devisedand intended to devise a scheme
and artifice to defraud IHOPCorporateand to obtain money and property by meansof materially
false and fraudulent pretensesrepresentations and promises
MANNER AND MEANS
107It waspart of the scheme that TAREK ELKAFRAWI through the use of the
MICROS system knew that sales were obtainedby IHOP Corporate on 8 weeklybasis through an
automatic remote uploading ofdata TAREK ELKAFRAWI knew that IHOP Corporateused the
weeklynet sales figures to determine the weeklyroyalty and rent amount owed byeach franchise
likewisehe knewthat IHOPCorporatedid not examine the weekly deductions from grosssales
that resulted in the net sales figures
108 In fact prior to 2004 TAREK ELKAFRAWI receivedregular IHOP Corporate
reviewsof the operating expensesand balancesheets that showed the costs deducted from gross
sales reflected in net sales After AUlUMN LEETANGAS became FBC in 2004 such thorough
PAGE 14 5WTOL NEWSOS232012 1144 4192447104
Case 312-Cf-00262-DAK Doc 1 Filed 0522112 29 of 65 PagelD 29
29
reviews ceased entirely TAREKELKAFRAWI thereafter devised various schemesto
manipulate the MICROS system in order to create lower-than actual weekly net sales
109Onesuch schemewas to simply tum the MICROS system otT so sales werenot
recorded
110Additionally TAREK ELKAFRAWI instructed his lHOP managers to voidsales
entirelyor to givesignificant discounts to tickets after the ticket had been paid for by thecustomer
and closed
11 J Othercosts chargedagainst grosssales includedunit promotions contests
maintenance andpayouts for whichno documentation was provided In fact these were cash
distributions toTAREK ELKAFRAWI and other employees representingunreported income
112TAREK ELKAFRAWI also woulddeposit rebatecheeks from vendors into the
CentrallHOP account however he would direct his accountants to reflect the deposit as a loan
from officer rather than as incomefrom a rebate This fraudulent representation created an
additional debt on the balance sheet of Central JHOP thus giving the appearancethat the
restaurantwas encumbered with debt and operating expenses and not profitable
1t3 Asa result of these schemes TAREK ELKAFRAWI created the appearance through
his weeklysalesfigures that the CentrallHOP store wasseverely underperforming
114 SInce 2007 TAREK ELKAFRAWI with the help of AUruMN LEETANGAS
applied for rentand royalty reliefpayments from IHOPCorporate Based on the fraudulent
weeklynet sales reports and the annual recommendation of AUlUMN LEE TANOASTAREK
ELKAFRAWIreceived approximately $2300 a week in rentas well as royaltyrelief from HOP
Corporate to which he otherwisewJ not entitled
OS232012 1144 4192447104 WTOL NEWS PAGE 15 5
Case 312-cr-00262-DAK Doc 1 Filed 052212 30 of 65 pagelD 30
30
116 ThesereHefpayments werememorialized in annualcontractsamending the franchise
agreement for eachyear to retlect the newrelief payment agreement Thesecontracts were mailed
from mop Corporate headquarters in Glendale California to Toledo Ohio after the FBCand
RD memos were submitted and approved
117 Onor abouteach of the dates set forth below in the Northern District of Ohio
Western Division and elsewhere for the purpose of executing and attempting to execute the
abovedescribed scheme and artifice 10defraud DefendantsTAREK ELKAFRAWI and
AUTUMNLEE TANOAS knowingly caused to be placed into any post office or authorized
depository for mail matterany matteror thingto be sentand deliveredby the US Postal Service
and caused to be deposited any matterto be sent or delivered by privateand commercial interstate
carrier the following matterfrom Glendale California to Toledo Ohioeach mailing constituting
a separate count
COVNT3
~ SENDER MAJLMATIER
September 24 2007 IHOP Corporate mailing of Amended ReliefContract
COUNL4
June5 2008 IHOPCorporate mailing ofAmended ReliefContract
COUNTS
August 172009 lHOP Corporate mailing of Amended Relief Contract
CQUNT6
May 25 20)0 IHOP Corporate mailing of Amended Relief Contract
OS232012 1149 4192447104 WTOL NEWS PAGE 0115
Case 312-cr-00262-DAK Doc 1 Filed 052212 31 of 65 PagelD 31
31
COuNT 7
May 162011 IHOPCorporate mailing of Amended Relief Contract
All in violation ofTitle l8 United States Code Section 1341
COUNTS
(Health Care FraudTitle 18 USC Sections 1347and 2)
The Grand Jury further charges that
118The allegations contained in 1-16and 18-102of this Indictment are re-allegedand
herebyincorporated byreferenceas if fullyset forth herein
119Using the methodsdescribed in Paragraphs 60-78 TAREK ELKAFRAWr and
others known to the Orand Jury submitted fraudulent reports to BWe resulting in BWe
undercbarging the Airport Highway IHOP
120 From on or about June 4 2004 to the date of this Indictment in the NorthernDistrict
of Ohio Western Division and elsewhere TAREK ELKAFRAWI and others known to the
Orand Jury having devised and intendingto devise B scheme and artifice to defraud the Ohio
Bureauof Workers Compensation (BWe) a healthcare benefit program as defined in Title 18
United States CodeSection24(b) of money by means ofmateriaJly false representations and
promises that was and is in connectionwith the paymentfor health care benefits items IUId
services did knowingly and willfully execute the aforesaid scheme
In violation of Title 18 UnitedStates Code Sections 1347and 2
PAGE 0215WTOL NEWSOS232012 1149 4192447104
Case 312-cr-00262-DAK Doc 1 Filed 052212 32 of 65 PagelD 32
32
COLlNT9
(Health Care FraudTitle 18 USC Sections 1347and 2)
The Orand Jury further charges that
121 The allegations contained in paragraphs )-16 and 18102 of this Indictmentare reo
alleged and herebyincorporatedby reference as if fully set forth herein
122 Using the methodsdescribed in Paragraphs60-78 TAREK ELKAFRAWI and
others known to the Orand Jury submitted fraudulent reports to Bureau of Workers Compensation
(BWC)resulting in BWe undercharging theTalmadge IHOP
123 From on or about June 4 2004 to the date of this Indictment in the Northem District
ofOhio Western Divisionand elsewhere TAREK ELKAFRAWI and others known to the
Grand Jury having devised and intendingto devisea scheme and artifice to defraud the Ohio
awe a health carebenefit program as defined in Title )8 t United States CodeSection 24(b) of
moneyby means of materially false representations and promises that was and is in connection
with the paymentfor health care benefits hems and services did knowinglyand willfullyexecute
theaforesaid scheme
In violation of Title 18 UnitedStatesCode Sections 1347 and 2
CQUNTlll
(Health Care FraudTitle 18USC Sections 1347and 2)
The Orand Jury further charges that
124 Theallegations contained in paragraphs 1-16 and 18-102 of this Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
PAGE 0315WTOL NEWSOS232012 1149 4192447HI4
Case 312-cr-00262-DAK Doc 1 Filed 0522112 33 of 65 PagelD 33
33
125 Using themethods described in Paragraphs 60-78 TAREK ELKAFRAWI and
others known to the OrandJury submitted fraudulent reports to BWC resulting in BWC
undercharging the Lima IHOP
126 From on or about August 31 2007 through the date of this Indictment in the
Northern District of Ohio Western Divisionand elsewhereTAREK BLKAFRAWIand others
known to the GrandJury havingdevisedand intendingto devise a scheme and artifice to defraud
the Ohio Bureau of Workers Compensation (BWe) a health care benefit program as defined in
Title 18 United StatesCode Section24(b) of money by means of materially false
representations and promises that wasand is in connection with the payment for health care
benefits items and services did knowingly and willfullyexecute the aforesaid scheme
In violationof Title 18UnitedStates Code Sections 1347and 2
COUNT 11
(Health Care Fraud Title 18 USC Sections 1347and 2)
The Grand Jury furtherchargesthat
127The allegations contained in paragraphs 1-16and 18-102of this Indictment are reshy
allegedand herebyincorporated by reference as if fully set forth herein
128 Using the methods described in Paragraphs60-78 TAREK ELKAFRAWI and
others known to the OrandJury submitted fraudulent reports to Bwe resulting in awe
undercharging the Findlay IHOP
129 From on or aboutMay 102004 through the date of this Indictment in the Northern
Districtof Ohio Western Division and elsewhere TAREK ELKAFRAWI and others knownto
theGrand Jury havingdevised and intending to devise a scheme and artifice to defraud the Ohio
Bureau of WorkersCompensation (BWe) a health care benefit program as defined in Title 18
4) lL44Hl4 WIUL NIW~
Case 312-cr-00262-DAK Doc 1 Filed 052212 34 of 65 PagelD 34
34
United StatesCode Section 24(b) of moneyby meansof materially false representations and
promises that wasand is in connection with the payment for healthcare benefits items and
services did knowingly and willfully execute the aforesaidscheme
In violation of Title 18 United States Code Sections 1347and 2
CoUNT12
(Health Care Fraud Title 18USC Sections 1347and 2)
The Orand Jut)I further charges that
130 The allegations contained in paragraphs Imiddot] 6 and 18-]02 of this Indictmentare reshy
alleged and hereby incorporated by reference as iffulJy set forth herein
13 l Usingthe methods described in Paragraphs 60-78 TAREK ELKAFRAWI and
others knownto the Orand Jury submitted fraudulent reports to BWe resulting in awe
undercharging the Central IHOP
132 From onor about February 28 2005 through the date of this Indictment in the
Northern Districtof Ohio Westem Division and elsewhere TAREKELKAFRAWI and others
known to the Grand Juryhavingdevisedand intending to devisea scheme and artifice to defraud
the Ohio Bureau of Workers Compensation (BWC) a health care benefitprogram as defined in
Title 18 United States CodeSection24(b) of money by means ofmaterially false
representations and promises that was and Is in connection with the paymentfor health care
benefits items and services did knowingly and willfully executethe aforesaid scheme
In vioJation of Title 18 United States Code Sections 1347and 2
41 I~4411~4 WIUL N~W~
Case 312middotcr-00262middotDAK Doc 1 Filed 052212 35 of 65 pagelO 35
3S
COUNT 13
(HealthCare Fraud Title 18 USC Sections 1347 and 2)
The Grand Jury furtherchargesthat
133The allegationscontained in paragraphs 1middot16 and 18middot102 of this Indictment are reshy
alleged and herebyincorporated by reference 8$ if fullyset forth herein
134 Using the methodsdescribed in Paragraphs 6Q78 TAREK ELKAFRAWI and
others known to the GrandJury submitted fraudulent reports to awc resulting in awe
undercharging the Perrysburg JHOP
135 From on or about August 30 2005 through the date ofthis Indictment in the
Northern District of Ohio Western Division and elsewhere TAREK ELKAFRAWI and others
known to the GrandJury having devised and intending to devise a scheme and artifice to defraud
the Ohio Bureauof WorkersCompensation(BWC) a health care benefit program as defined in
Title 18 United States Code Section 24(b) of money by means of materially false
representations and promises that was and is in cenneetlon with the payment for health care
benefits items and services did knowinglyand willfullyexecute the aforesaid scheme
In violationofTitle 18United StatesCode Sections 1347 and 2
COUNTS 14-17
(Mail Fraud Title 18 USC Section J341)
The Grand Jury furthercharges that
136 The allegations containedin paragraphs 1-16 and 18middot102 of this Indictmentare reshy
alleged and hereby incorporatedby referenceas if fully set forth herein
131 Fromon or about January 30 20ll through on or about April 10201 I in the
Northern District of Ohio Western Division and elsewhere Defendants TAREK ELKAFRAWI
PAGE 061lbWIDe NEWS~b1L32012 1149
Case 312-cr-00262-DAK Doc 1 Filed 052212 36 of 65 PagelD 36
36
and TAREK EIDOMARdevised and intended to devisea scheme and artifice to deframiddotud and to
obtain moneyfrom THOP Corporate by meansof materially false and fraudulent pretenses
representations and promises
MANNER AND MEANS
(t was part of the schemeand artifice that
]38 Using the methods described in Paragraphs 46-54 and 71-78 TAREK ELKAFRAWI
and TAREK EIDOMARmanipulated the SABLE Pointof Sale system to fraudulently report
debits and charges in order to hide the removal of cashdirectly from the Evansville IHOP
TAREK EID OMARat the direction of TAREKELKAFRAWI would then producea fraudulent
PampL report and mail it using the United States PostalService to provide that report to
Management Services in Wichita Falls Texas
139 Onor about each ofthe dates set forth below in the Northern District of Ohio
Western Division andelsewhere for the purpose ofexecutingand attempting to executethe
above described scheme and artifice to defraudTAREK ELKAFRAWI and TAREK EID OMAR
knowingly caused to be placed into any post office or authorized depository for mail matterany
matteror thingto besent and delivered by the US Postal Services and caused to be deposited any
matter to be sent or delivered by privateand commercial interstatecarrier the following matter
from Toledo Ohioand Evansville Indianato WichitaFallsTexas each mailingconstituting a
separate count
COUNT 14
Mm SENDER MAIL MAUER
January 302011 TAREK EID OMAR PampL report
OS232012 1149 419~447104 WTOL NEWS PAGE 0715
Case 312-cr-00262-0AK Doc 1 Filed 0522112 37 of 65 PagelD 37
37
COUNT 15
February14 2011 TAREK BID OMAR PampL report
COUNT 16
March 28 20II TAREKEID OMAR PampL report
COUNT 17
April 102011 TAREK EJD OMAR PampL report
All in violation ofTitle 18UnitedStates Code Sections 341 and 2
COUNT 18
(Use of Fire to Commit a Felony Title 18 USC Sections 844(h) and 2)
TheGrand Jury further charges that
140The allegations contained in paragraphs 1-16 and 18-102 ofthis Indictmentarc reshy
alleged and hereby incorporatedby reference as if fully set forth herein
141On or about August 10 and II 2008 [n the Northern Districtof Ohio Westem
DivisionTAREK ELKAFRAWI and JOSE LEON-GONZALEZ knowingly used fire to commit
Mail Fraud a felony prosecutable in a court of the United States
In violation ofTitle 18 United States Code Sections 844(h) and 2
COUNTl2
(Malicious Use of Fire Title 18 USC Sections 844(i) and 2)
The Grand Jury further charges that
142 The allegations contained in paragraphs 1-16and 18-102 ofthls Indictmentare reo
alleged and hereby incorporated by reference as if fully set forth herein
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38
143 On or about August 10and II 2008 in the Northern District of Ohio Western
Division TAREK ELKAFRAWIand JOSE LEON-GONZALEZ maliciously damaged bymeans
of fire and explosivematerialsa buildinglocated at 7777 Countymiddot Road 136 Findlay Ohio used
in interstatecommerce
In violation of Title 18 UnitedStates Code Sections 844(i) and 2
coUNtS 0-28
(Mail FraudTitle] 8 USCSection 1341)
The Grand Jury furthercharges that
144 The allegations containedin paragraphs 1-16and I8-102 of this lndictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
145 Fromapproximately the month of July 2008 the exact date unknownto the Grand
Jury through On or about October 27 2009 in the Northern District of Ohio Western Division
and elsewhereTAREK ELKAFRAWI devisedand intended to devise 8 scheme and artifice to
defraudFarmers InsW1J1ce Group and to obtain moneyand property by meansof false and
fraudulent pretenses representations and promises
146 It was part of the schemeand artificeto defraud that TAREK ELKAFRAWI would
submit traudulent invoices to FarmersInsuranceGroup under PolicyNumber 602926772 for
work that was not performed or performed at a lower invoice
147It was a furtherpart of the scheme and artifice that TAREK ELKAFRAWI submitted
claims forpayroll costs that were completely illusorybecause the requested claimswere for
periods the restaurant was closed and had no employees
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39
148 It was a furtherpart of the sc erne and artifice that all checks were sent directly to
TAREKELKAFRAWI at the Terry Elk G~OUP not the Findlay lHOP
149On or about each of the dates bet forth below in the Northern District of Ohio
Western Division and elsewhere for the Jurpose of executing and attempting to execute the
above described scheme and artifice to delud TAREK ELKAFRAWI knowinglycaused to be
placed into any post office or authorized dlpository for mail matterany matter or thing to be sentI
and dellvered by the US Postal Service Jd caused to be deposited any matter to be sent or
delivered by private and commercial inters~te carrier the following matter from the state of
Illinois to Toledo Ohio each mailingcon~itUting a separate count
October 17 2008
October22 2008
January 262009
October21 2009
September22 2008
January 26 2009
SENDER
Fanners Insurance
Farmers Insurance
Farmers Insurance
Farmers Insurance
FarmersInsurance
Farmers Inswance
CO 20
M61LMAmR
$S5947S 1check to Terry Elk Group
21
I $45581367 check to Terry Elk Group
~ I $24444302 check to Terry Elk Group
~ I $2262384 check to Terry Elk Group
bOUNTM
I $2500000 check to Terry Elk Croup
~ $15684795 check to Terry Elk Group
PAGE 1015WTOL NEWS05232012 1149 4192447104
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40
COUNT 26
October ~ I 2009 Farmers Insurance $4285205 check to Terry Elk Group
COUNT 27
February 172009 Farmers Insurance $20867200check to Terry Elk Group
COUNT 21
October 27 2009 FarmersInsurance $15226400 check to Terry Elk Group
All in violationofTitle 18 United States Code Section 1341
COUNT 29
(Aggravated IdentityTheft Title 18 USC Section 1028A and 2)
The OrandJury furthercharges that
ISO The allegations contained in paragraphs 1-16and 18~102 of this Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
J51 Onorabout October9 2007 in the Northem District of9hlo Western Division
TAREK ELKAFRAWI did knowinglyuse without lawftllauthority a means of identification of
another personduring and in relation to the commission ofWire Fraud a violation ofride 18
United States Code Section 1343
In violation of Title 18 United States Code Sections I028A(a)(1) and 2
CQVNT30
(Aggravated Identity Theft T~tle is USC Section l028A and 2)
The Grand Jury further charges that
152 The allegations eontained in paragraphs 1-16 and 18-102 of this Indictment are reshy
alleged and hereby incorporated by reference as if fully set forth herein
05232012 1149 4192447104 WTOL NEWS PAGE 111 5
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41
153 On or about May 192008 in the Northern District of Ohio Western Division
TAREK ELKAFRAWIdid knowingly use without lawfulauthoritya means of identification of
another personduringand in relation to the commission of Wire Fraud a violation ofTitle 1g
United StatesCodeSection I~43
In violation of TitJe J8 UnitedStates Code Sections 1028A(a)(I) and 2
COUNT31
(Aggravated IdentityTheftTitle 18USC Section J028A and 2)
The Orand Jury furthercharges that
154 The allegations contained in paragraphs 1-l6- and 18middot102 of this Indictment are reshy
alleged and herebyincorporated by reference as if fully set forth herein
155 On or aboutJuly 132Q09 in the Northern District of Ohio Western Division
TAREK ELKAFRAWIj did knowingly use without lawfuJ authority a means of identification of
another personduring and in relation to the commission of Wire Fraud a violation of Title 18
United StatesCodeSection 1343
In violationofTitle 18 United States Code Sections 1028A(aXl) and 2
COlNT32
(Aggravated IdentityTheft Title 18USC Sectlon J028A and 2)
The Grand Jury furthercharges that
J56 Theallegations contained in paragraphs1-16and 184 J02 of this Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
157On or about May3l 2009 in theNorthern Districtof Ohio Western Division
TAREK ELKAFRAWI did knOWingly use without lawful authoritya means of identification of
OS232012 1149 4192447104 WTOL NEWS
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42
another person during and in relation to the commission of Wire Fraud a violation of Title 18
United States Code Section 1343
In violation ofTitle 18 United States Code Sections 1028A(a)(I) and 2
COUNT 33
(Aggravated Identity Theft Title 18 UsC Section l028A and 2)
The GrandJury further charges that
138 The allegationscontainedin paragraphs 1-16 and 18-]02 of this Indictment are reshy
alleged and herebyincorporated by reference as if fullyset forth herein
159 On or about October 22008 in the Northern District of Ohio Westem Division
TAREK ELKAFRAWI did knowingly use without lawfulauthority a means of identification of
another personduring and in relation to the commission of Wire Fraud a violationof Title 18
United States Code Section 1343
In violationof TItle ]8 United States Code Sections 1028A(a)(I) and 2
CQVNT34 (Aggravated IdentityTheft Title 18 USC Section 1028A and 2)
The Grand Jury furtherchargesthat
160 The allegationscontained in paragraphs 1-16and 18-102ofthis Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
16t Onor about January27 2008 in the Northern District of Ohio WesternDivision
TAREK ELKAFRAWI did knowinglyuse without lawfulauthority a means of identification of
anotherpersonduringand in relation to the commissionofWire Fraud a violation ofTitJe 18
United States Code Section 1343
In violation of Title 18United States Code Sections l028A(a)(1) and 2
I I
WTOL NEWS PAGE 13115OS232012 1149 4192447104 I
Case 312-cr-00262-DAK Doc 1 Filed 052212 43 of 65 PagelD 43
43
COUNT 35 (AggravatedIdentityTheft Title 18USC Section 1028A and 2)
The Grand Jury further charges that
162The allegations contained in paragraphs I-16 and 18-102 of this Indictment are reshy
alleged and herebyincorporated by reference as jf fully set forth herein
163On or about March 72009 in the NorthernDistrict of Ohio Western Division
TAREK ELKAFRAWI and KHALED YOUSEF did knowinglyuse without lawful authority a
means of identification of another personduringand in relation to the commission of Wire Fraud
a violation of Title 18 United States Code Section 1343
In violationof Title 18 United States Code Sections 1028A(a)(1)and 2
COUNT 36
(Aggravated IdentityTheft Title 18 USC Section 1028Aand 2)
The GrandJury further charges that
164 The allegations contained in paragraphs 1-16 and 18-102 of this Indictmentare reshy
allegedand hereby incorporated byreferenceas if fully set forth herein
16S On or about March tS 2009 in the Northern District of Ohio Western Division
TAREK ELKAFRAWI and KHALED YOUSEF did knowinglyuse without lawful authority a
means of identification of another person duringand in relation to the commission of WireFraud
a violation of Title 18United States Code Section 1343
In violation ofTitle 18United States Code Sections l028A(a)(1) and 2
~~~~2012 1149 4192447104 wloe NEWS
Case 312-cr-00262-0AK Doc 1 Filed 052212 44 of 65 PagelD 44
44
COUNT 37
(Aggravated Identity The~ Title 18 USC Section l028A and 2)
The GrandJury further charges that
166 Theallegations contained in paragraphs 1-16 and 18-] 02 of this Indictment are reshy
alleged and hereby incorporated byreference as if fully set forth herein
167 On or aboutJuly 21 2009 in the Northern District of Ohio Western Division
TAREK ELKAfRAWI and RAMIZAWWAO did knowingly use without lawful authority a
means of identification of anotherperson duringand in relation to the commission of WireFraud
a violation of Title 18United States Code Section 1343
In violation ofTitle 18 UnitedStates Code Sections l028A(a)(1) and 2
cOUNT38
(Aggravated Identity TheftTitle 18 USC Section 1028A and 2)
The Grand Juryfurthercharges that
168Theallegations contained in paragraphs 1-16 and t8-102 of this Indictment are reshy
alleged and hereby incorporated by reference 8S if fully set forth herein
169 On or about July 132009 in the NorthernDistrict ofOhio WesternDivision
TAREK ELKAFRAWIand IAMIL MOHAMMED AWWAD did knowingly use withoutlawful
authority a meansof identification of another person during and in relation to the commission of
Wire Fraud a violation ofTitle 18 United States Code Section 1343
In violation of Title 18 United States CodeSections l028A(a)(1) and 2
11 4l 41 l~44 IUl4 WIUL NIWl
Case 312-cr-00262-DAK Doc 1 Filed 0522112 45 of 65 PagelD 45
45
COUNT 39
(Identity Theftt Title 18 USC Sections 1028 and 2)
The Grand Jury further charges that
170 The allegationscontained in paragraphs 1-16 and 18-102 of this Indictment are reshy
alleged and hereby incorporated by reference as if fully set forth herein
171 On or about December132010 in the Northern District orOhio Western Division
TAREKELKAFRAWI and DONNA J HARRIOTTt did knowingly use in or affectinginterstate
or foreigncommerce without lawful authority a means of identification ofanother person to wit
s social securitynumber and date of birth with the intent to commit or to aid or abet or in
connectionwith any unlawful activitythat constitutes Wire Fraud 8 violation of 18USC
sect1343 and the offense involved the useof an authentication feature that is or appears to be an
identification document or authentication feature issued by Or under the authority of the United
States
All in violation ofTitle 1St United States Code Sections 1028(a)() (b)(l )(A)(l) and (f)
and 2
COUNI40
(Identity Theft Title 18USCbull Sections 1028and 2)
TheGrand Juryfurther chargesthat
172The allegationscontained in paragraphs 1-16 and J8middot102 of this Indictment are reo
allegedand hereby incorporated by referenceas if fully set forth herein
173On or about May42010 in the Northern District ofOhio Western Division
TAREK ELKAFRAWI and SARA RINEBOLT did knowingly use in or affecting interstate or
Case 312-cr-00262-DAK Doc 1 Flied 052212 11 of 65 PagelD 11 bull to II bull
11
KM enlisted AUTUMN LEE TANGAS the FBe for the regionto minimize the likelihood that
IHOP Corporate would question the weekly net sales figures underreported bythe seven
IdentifiedJHOP restaurants
34 Specifically in December2003TAREK ELKAFRAWI enteredinto an agreement
with AUTUMN LEETANGAS in which AUTUMN LEETANOAS friend LR (not charged
in this indictment) would receive health benefits and paychecks in return for AUTUMN LEE
TANGAS making an undocumented investment in the FindlayIHOP
35 Prior to the December 182003 purchase of the Findlay IHOP byTAREK
ELKAFRAWI AUTUMN LEETANOAS had informed TAREK ELKAFRAWIthat IHOP
Corporateneededto find a suitable purchaser for the Findlay poundHOP AUTUMN LEE TANOAS
knew that TAREK ELKAFRAWI did not have the financial ability to purchase the franchise at
that time hut that she herself did However AUTUMN LEETANGAS knew that because of
her position 8$ FBC she was precludedby IHOP Corporate from investing in any franchise
36 Inreturn for providingTAREK ELKAFRAWI$50000 to purchase the Findlay
IHOP AUTUMN LEETANGAS friend LRwas listed as minority owner of the Airport
Highway mop and receivedweekly paychecks andhealth benefits from that corporation despite
the fact that she never worked as an employee there
37 On or about December6 2004 AUTUMN LEE TANGAS deposited a $5000 check
drawn on the Airport HighwayIHOP account(and signedby TAREK ELKAFRAWI) into her
bank accountas a partial return on her sub rgainvestment in the Findlay IHOP
38 On or about April 23 2005 AUTUMN LEE TANOAS depositeda $40000cashiers
check from TAREK ELKAFRAWls personal bankOld National Bank in Evansville lndiana
5poundtt G10GpoundG509tH 39Vd SM3N lOlM
I
Case 312~cr-00262middotDAK Doc 1 Filed 052212 12 of 65 PagelO 12
12
into her bank account as ~ partial return on her investment in the Findlay IHOP
39 AUTUMN LEETANGAS failed to inform lHOP Corporateof her financial
relationship witheitherLR or TAREK ELKAFRAWI
40 On or about June 8 2005 AUTUMNmiddot LEETANOAS deposited a $20000 check
drawn on the Airport Highway IHOP account (andsignedby TAREK ELKAFRAWI) into her
bankaccount as a final return on her investment ill the FindlayJHOP Since that investment
AUTUMN LEETANGAS hal continued to serveas FBC for the restaurants owned and operated
by 1AREK ELKAFRAWI and othersknown to the Grand Jury During that time those
restaurants wereneveraudited nor were their sales losses or financial performances questioned
41 IHOPCorporate also was not notified of a fire at the FindlaylHOP in 2008 that
resulted in approxhnately $136 million in damage claims by TAREK ELKAFRAWI and the
closureof the location for three months Such information is the type ofmaterial information
IHOP Corporate expects FBCs to collect and provide in reports to headquarters
42 On multiple occasions known to the Grand Jury AUTUMN LEETANGAS informed
managers of the Toledo-area IHOPs that she knewthat a numberof illegal aliens worked for the
lHOPsownedand operated by TAREKELKAFRAWIand madestatements to persons known
to the Grand Jury that everyone wouldbe in trouble if that fact became known
43 Pan afthe incomplete and erroneous infcrmation provided by AUTUMN LEE
TANGAS to IHOPCorporate included her filing yearly reports recommending that lHOP
Corporate subsidize the Central Avenue IHOP by providing a weekly credit ofapproximately
$2300 This credit referred to as a reliefpayment was supposedto be used to lessen the burden
of payingweekly rent and royalty payments for an underperforming restaurant Originally
SIC1 3911d SM3N lOlM
I
Case 312-crmiddot00262-DAK Doc 1 Filed 0522112 13 of 65 PagelO 13
13
intended by mop Corporate to be a temporary short-term paymentused in extraordinary
circumstances through the attestations andsupport of AUTUMN LEETANGAS theCentral
IHOP received credits for overfive years Asa resultTAREKELKAFRAWIpersonally
realizedover$500000 in revenue that otherwise would have been retained by mop Corporate
44 Additionally the annual reports supporting on-goingrellefpayments enabled TAREK
ELKAFRAWI and MK to justify declining sales which in actuality were a direct result of
Point of Sale system manipulations and otherfrauds rather than a marketcondition affecting the
franchise
45 Protected from IHOPCorporate scrutiny TAREKELKAFRAWI MK and KM
directedand controlled several ongoingwirefraud schemes involving the finances of their IHOP
franchises These wire fraudschemes faU intothe following categories Point of Salesystem
manipulations of the grossand net sales and fraudulent reporting of assets and liabilities to skew
the performance of certain restaurants thereby qualifying them for IHOPCorporate benefits
false reporting to ewe and payroll manipulations to enable improperhealthand welfare
benefits
Point of Sales MauipulatloD
46 In addition to the aboveschemes from approximately 2004 to the dateof this
indictment TAREK ELKAFRAWI MK and TAREK EID OMARpersonally directed
managers to manipulate the Pointof Sale systems in order to remove cash from the stores 8S
unreported income
47 TAREK ELKAFRAWI and MK directed the Point of Sales system remotely
through the use of software that gave them full access and controlof the Pointof Salessystem
SM3N lOLM
Case 312-cr-00262-DAK Doc 1 Filed 0522112 14 of 65 PagelD 14 )4
from their homes Since approximately 2010-20]) TAREK ELKAFRAWI and MK have used
softwarecalled Team Viewer This software was installed on the home computers ofTAREK
ELKAFRAWI and MK in 2010 and 2011 respectively shortlyafter the latestMICROS system
was installed on all [HOP computers
48 One of the schemes to defraud was to manually reset the internal clock and calendar
of the MICROSsystem For instance on a Monda) the MICROS system would be set two days
ahead this would essentially pausethe system from downloading and compilingthe sales
figWes Thus although on that Wednesday the MICROS system would recognize the sales
recorded for Monday Tuesday and Wednesday and create aggregate statistics for those three
days the fact that the system was paused for thosedays allowed managers to manipulateor
under-report all of the cash transactions because cash transactionswere recognized as open
tickets for those threedays
49 The benefit of having an openticket was significant As long as a ticket was
open a sale was not considered complete that ticket could then be manipulated or even
deleted completely Thus when the MICROS system clocks werereset any open tickets or
cash transactions could be voided in MICROS and the easb receivednot recorded
50 In addition to manipulatingthe intemalsettings of MICROS MK and TAREK
ELKAFRAWI deviseda scheme whereby the MICROSsystem would simply be turnedoff
either by MK or a manager and product sales rung up manually
5 t Like the clock-settingscheme when MICROS was off-line tickets became
unreportable so cash transactions were not recorded by the system and moniescould be received
and deposited without lUI) paper trail Such transactions were not taxed and the sales were not
SM3N lOlM
middot
Case 31Z-cr-OQ262-DAK Doc 1 Filed 052212 15 of 65 PagelD lS
]5
recorded at the IHOP Corporate level so money that would otherwise have triggered the payment
of taxes or franchise feeswas kept by TAREK ELKAFRAWI as unreported income
52 TAREK ELKAFRAWI MKand TAREK EID OMARalso manipulated the
reporting of sales through the use of coupons When a customer paid in cash the store manager
was directed to use a store coupon to reduce the ticket or void the sale completely Therefore the
difference betweenthe reduction or void was not reflected in the final sale total and could be
taken by management as unreported income Accordingly TAREKELKAFRAwr MK and
TAREK EID OMARdirected their managers to use cash sales transactions to realize unreported
incomebull
53 ~AREK ELKAFRAWIand TAREK BIDOMAR manipulated the SABLE systemin
the Evansvillerestaurantmuch morebrazenlythan in theToledo-arearestaurants because of
certain exploitablecharacteristics of the SABLEsystem
54 Manipulations also affected employees salaries Starting in 2004 and continuing
through the present TAREK ELJltAFRAWI MK and TAREK ErO OMARdirected managers
to automatically deduct30 minutes fromalmost every employees time card daily in the Pointof
Sale systemsusing the BmiddotSO1 programs ability to edit entries
Manipulatiag Profit and Loss Statemenl$
55 The goal of these schemeswas to divert money from the restaurants actual gross
income into the personal accounts ofTAREK ELKAFRAWI and MK as unreported and
untaxed income As part of the schemeto laundermoney and evade federal state and local
taxes TAREK ELKAFRAWIMKbull KMand TAREK EID OMAR also directedaccountants
=iMlN nlM
PAGE 0115OS232012 1144 4192447104 WTOL NEWS I
Case 312-cr-00262-DAK Doc 1 Filed 052212 16 of 65 PagelD 16 I bull bull
16
and bookkeepers to manipulatethe profit and loss statements (hereinafterPampLs) and balance
sheets for their various corporations
56 A PampL is a physical or electronic documentdetalHng how a corporations gross
income is transformed into the net income It displays the reported gross income for a specific
period oftime and the costs and expenses charged against this income The purpose is to show
interestedpartieswhetherthe corporation lost Or made money The accountants created the PampL
statements using data providedby TAREK ELKAFRAWI and MK and relied on those PampLs to
filecorporate taxes
57 That data wasculled from various sources MK helped create the PampLspreadsheets
by providing the documents to the managersand then received the completed weekly
spreadsheets via email Upon receiving the PampL spreadsheets the restaurant managers added in
reported total sales laborcosts for the staff invoicesfor food and supplies food discountsand
manager voids However the managers salaries end the restaurants rent expenses were entered
in the spreadsheet by MK and could not be altered by other employees Included in the
spreadsheetportioncreated by MK were some budgetary lines containing debits for categories
that simply did not exist as businessexpenses Thenumbers provided by MK were inflated
For example the LimaIHOP PampLlisted a gross total ofapproximately$ ]500 per week for
managers salaries However the number that MK entered into the PampL for managers salary
was $2100 per week Likewise the amount paid in rent was consistently inflated in excessof
actual rent payments for the tHOP restaurants The spreadsheets were then submitted to the
accountantswho created the PampL TAREK ELKAFRAWI reviewed the final PampL and made
revisions to further hide his efforts to divert profits
41l44flI14 WIUL NcW~
Case 312middotcrmiddot00262-DAK Doc 1 Filed 0522112 17 of 65 PagelD 17
17
58 Byknowingly entering inaccurate infonnation into the PampLs TAREK ELKAFRAWI
MK KM and the store managersactingat their direction in effect manipulated the tax
burden levied on their corporation byfederal state and local governments
59 Furthermore as II result of the PampLmanipulation the net profits Were artificially
deflated to minimize the amount of royalties and rent paid to IHOP Corporate
Defrauding Worken Compensation
60 Beginning in approximately2003 TAREK ELKAFRAWI MK and KM set up
various schemes to defraud BWC and lowerthe amount they had to pay into the Workers
Compensation system BWCpayments helpcover the cost of injuries to employees whoare hurt
on the job and functions as a ferm of insurance for a company The percentageof wagespaid by
the employerare relatedto the type of business a companydoes the number of employees the
number of claims in prior reporting periodsand other factors to arrive at a semi-annual figure
owed by a company
61 From 2004 to the present TAREK ELKAFRAWIand MK manipulated some of the
factors used by awe to determine an employers premiumsfor its employees For instance
since managers premiumsare calculated at a higher rate because their salaries are greaterthan
other employees TAREKELKAFRAWI MK and KM devised a scheme to lower manager
reporting to zero(0) likewise a cooks premium would be calculated at a higher rate because
they work in moredangerous situations thanwaitresses TAREK ELKAFRAWI MK and
KM developedwaysto manipulate the reporting ofemployees average weekly salaries Also
although overtime and tips are calculated by BWCTAREK ELKAFRAWI MK and KM
WIUL NtW~41 j~441~4~o~~pound~l~ 1144
Case 312-cr-OD262middotDAK Doc 1 Filed 052212 18 of 65 PagelD 18
18
deviseda schemeto avoid includingthose two factors in the final equation to fraudulently
understate premiums owed to awe
62 During2004 MK and KM submitted the semi-annual reports in person at the
Toledo office ofBWC The paymentswere made via check which triggered an electronic funds
transfer from IHOP bank accounts to BWe accounts In 2005 awc switched to an electronic
filing system
63 MK directedKM to use the averageof the lowest weekly payroll to calculatethe
semi-annual wage figure despite the fact that Bwe regulations required an average ofall weekly
wage figures for the reporting period By submitting only an average of the lowest weeks
TAREK ELKAFRAWI MK and KM deflatedthe wage figure
64 To further depress the numbers MK told KM to omit the salaries ofmanagers and
tips and then deductmore from the total Generally this manipulationdecreased the final wage
figure by an additional twenty percent(20)
6 From 2004 to the date of this indictment TAREK ELKAFRAWI was made awareof
the paymentfigure regardless of who filed the form and directed each paymentto be lower than
the previousone
66 DespiteTAREK ELKAFRAWls seeminglyarbitrarY calculus this reportingfigure
could be audited by awe The department required all businesses to file a Form 941 which
listed employees wages and taxes paid every90 days for the purpose ofpaying federal taxes
67 The Fonn 941 was created for BWC using Profit and Loss sheets MICROS and
payrollrecordsand was generally consistentwith those documents
WTOL NEWS PAGE 0415OS232012 1144 4192447104
Case 312-cr-00262-DAK Doc 1 Filed 052212 19 of 65 PagelD 19
19
68 During an audit BWe could request the Form 941 and compare those numbers with
the numbers provided to awe
69 Between 2004 and 2009 KM received noticesof Bwes intention to audit various
Toledo IHOP locations Each timea notice was receivedKM TAREK ELKAFRAWI and
MK simplyignored it Threeof the auditswere never perfonned by BWC
70 BWe did audit the Findlay IHOP in 2007 fora two-year period Originally it was
determined that the restaurant owed over $55)000 in unpaidawe premiumsfor that timeperiod
71 In orderto avoid paying these premiums KM amendedtherestaurant)s worksheet
deletingmanagersnames from the list of employees and fraudulently listing the managers 8S
officersof the corporation that owned Findlayand therefore we~ exempt from payingworkers
compensation premiums However the Articles of Incorporation were not changed to list these
managers as corporate officers
72 Bymaking this change at the direction ofTAREK ELKAfiRAWI KM reportedly
reduced the amount of premiums owed awe to approximately i35000 When AunrMN LEE
TANGAS learned of thisscheme rather than reporting it to IHOP Corporate either the crime or
the addition of newofficersas required by corporate policy she told KM Youjust saved
TAREKs a-
73 In 2007 in response to the auditTAREKELKAFRAWI MK and KMcreated the
Terry Elk Group all managers weretransferred to that company and put on its payroll The
Terry Elk Group was created byKM at thedirection ofTAREK ELKAFRAWIto further
minimize payments to awe
PAGE 05 5WTOL NEWSOS232012 1144 41g2447104
Case 312middotcr-00262middotDAK Doc 1 Filed 052212 20 of 65 PagelD 20
20
74 Although each of the seven identifiedmop restaurants transferred money to the
Terry Elk Groupto pay salaries for managers the Terry Elk Group never paid awe taxes
75 TAREK ELKAFRAWIand MK were officers of the Terry Elk Group and TAREK
ELKAFRAWland AUTUMN LEETANGAS both told KM that this was a great solution to
avoid payingBWC
76 The falsification of recordsand thecreation of the Terry Elk Group resulted in an
underpaymentofapproximately S2S0OOO to BWe
Document FJ1lud
77 TAREK ELKAFRAWI MK and TAREK EID OMAR further manipulated the
accounts of the IHOPrestaurants in order to laundermoney through false payouts and
fraudulentlyreported transactions
78 TAREK ELKAFRAWI MKand TAREK EID OMAR used a system of payouts
in the fonn of paper receipts deposited in the cash registers to reflect further unreported cash
withdrawals While these receipts were ostensibly for occasional items such as landscaping
charges extra food ingredients or supplies jn reality most payouts were not for services
rendered but weremerely cash withdrawals TAREK ELKAFRAWI MK and TAREK EID
OMAR directed managers to create payout slips to cover cash withdmwals and use the payout
slips to justify the withdrawals as business expenses to the accountants
Insurance Fraud
79 In 2008 the Findlay IHOP burned as a result of arson The fire was intentionally
started by JOSE LEON-GONZALEZ and individuals unknown to the Grand Juryat the direction
PAGE El6 5 WTOL NEWSOS232012 1144
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and orderofTAREK ELKAFRAWI and MK to facilitate insurance fraud schemes by TAREK
ELKAFRAWI
80 TAREK ELKAFRAWIsubmitted approximately $136million in fraudulent
insurance claims for firedamage to the restaurant The receipts submitted to the insurance
company reflected overcharges charges for work never doneworkdone at artificially inflated
prices and for fraudulent payroll claimsand lost income Additionally TAREK ELKAFRA WI
created wholly fictitious invoices and diverted thosepayments to his personal use
Rebate Fraud
81 TAREK ELKAFRAWIandMK used a varietyofadditional accounting
manipulations to affect the franchises balancesheets For example TAREKELKAFRAWI
often personally received rebate checks from food and beverage vendors reflecting the large
amountsofmoneyspent with theircompanies Thesechecksweremailed directly to TAREK
ELKAFRAWIs homes in Toledo and Evansville ratherthan delivered to the intended restaurant
The amounts were substantial Tropicanas annual rebate was approximately $12000 Cocashy
Colas annual rebate was approximately $7500 US Foods annual rebate was approximately
$80000 and Pepsis annual rebatewasapproximately S55000 From2004 to the date oftbis
indictment the total amount of rebate payments received by TAREK ELKAFRAWI exceeded
SIIOOOOO
82Before 2005TAREK ELKAFRAWI simplyused this money for personal expenses
However after 2005 TAREK ELKAFRAWIoccasionally reinvested the rebate money into the
franchises as a loan from officer
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22
83 Under this scheme TAREK ELJltAFRAWI was essentiallyclaimingthe corporations
money for himself8Jld loaning it back to the businesswhilenot reporting the rebate money as
personal income This generated an additional unwarranted liability for the corporation receiving
the loan while TAREK ELKAFRAWI would take a personal loss on his taxesfor the unpaid
loan Thus the overall tax liability for the company and for TAREK ELKAFRAWI was
fraudulently lowered
Other Schemes to Defraud
84 Thebalance sheet was also affectedby claimingremodelingcosts as a liability instead
of an asset IHOP Corporatemandated that each restaurant be remodeled every five years Per
JHOP Corporate policy this costs a franchise approximately $70000 Under standard
accountingpractices this remodel should be considered an appreciation However TAREK
ELKAFRAWI regularly directed the accountants to claimthis expense as repair and
maintenance considered a liability
85 In September2010 ManagementServices the accountantsused by TAREK
ELKAFRAWI questioned a $40000 remodelingof the Evansville restaurant completedin 2007
TAREK ELKAFRAWI lied to the accountantsthat the $40000was a personal loan from a
businesspartner Management Services then issuedcheckstotaling $40000 to the business
partner TAREK ELKAFRAWI took these checks for his own purposes
86 TAREK ELKAFRAWI also used the restaurants to obtain loans that he would
otherwisenot beable to secure TAREK ELKAFRAWIapplied for loans using well-performing
IHOP restaurants as collateral for the loans then used those loans to pay for improvements on his
other (HOPrestaurants
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87 The improperbenefitreceived arose from the fact that each restaurant is an
independent corporation Knowing that certainIHOP restaurants such as Findlay would be
unable to securea loanTAREK ELKAFRAWIwould apply for a loan using a corporation for a
healthyrestaurant likeLima Once he hadsecured that loan he wouJd use the money on the
unqualified restaurant
88 Thusthe healthy restaurant wouJd cany a loss in the form of an outstanding loan on
its books lowering its tax liabilities while the other restaurantenjoyed the use of the loan
without having to report the transferof funds as profit
89 TAREKELKAFRAWI furtherusedschemes to transfer moneyobtained from IHOP
Corporate intended to benefitone restaurant to the use of another restaurant or directly to
himself
90 Forinstance advertising and marketing revenue would be used byTAREK
ELKAFRAWIand MK in a mannersimilar to the rebate checks In 2007 TAREK
ELKAFRAWIsubmitted a fraudulent invoicereflecting the purchase of an advertising sign for
CentrallHOP for$13500when in facthe only spent $3500 on the sign He receiveda check
fromIHOPCorporate for $13500and pocketed the difference TAREK ELiltAFRAWI
thereafterreported the remaining $ J0000 as a loan ftom officer and not taxable income
9Jbull TAREK ELKAFRAWI and MK also used the CentraliHOPs advertising budget
provided by li-fOP Corporate to pay for all of the northwest Ohio ]HOPs marketing They
would inflateCentrals invoice with the Invoices for the five other restaurantsand then send that
aggregate invoice to HOP Corporate
PAGE 091 505232012 1144 4192447104 WTOL NEWS
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MediearelWelfarerrax Fraud
92 TAREK ELKAFRAWI MK and TAREKEID OMAR together and separately
devised schemesto personaltycollectmedical and welfarebenefits for which they did not
qualifyand sanctioned employees to do so as well
93 Using an alternate identity MK split his salary between two paychecks creating a
lower reportableincomefor each identity Usingthese dual identities MK has to date claimed
approximately $140000 in Medicaid paymentsand $35000 in food stamps and welfare benefits
from the State of Ohio
94 To further these schemesTAREK ELKAFRAWI and MK created a false property
management companythrough which MK paid rent to TAREK ELKAFRAWI in order to
show less income BothTAREK ELKAFRAWIand MK created and submitted false payroll
checks and financial documentsto support the fraudulent claims
95 TAREK ELKAFRAWI and MK also sanctionedand encouraged employees to file
fraudulent claims KHALED YOUSEF TAREK EID O~ RAMIZ AWWAD and JAMIL
MOHAMMED AWWAD were told by TAREK ELKAFRAWI and MK how to minimizetheir
payrollearnings throughthe use of multipleidentities in order to claim benefits TAREK
ELKAFRAWI toldTAREK EID OMARto eitherstart fraudulently claiming welfare or quit
having children
96 These manipulations to income revenue and payroll were reflectedin erroneousand
fraudulent tax statements to the Internal RevenueService TAREK ELKAFRAW1 directed
accountants to file his personal and corporate lax returns based on this fraudulent information in
an attempt to minimize and obscure his true incomeand tax liabilities
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Money Laundering Schemes
97 Inorder to hideandconceal thesourceof the proceedsof the wire fraud schemes
TAREK ELKAFRAWI KELLY ELKAFRAWI MK and TAREK EID OMAR engaged in real
estatetransactions
98 TAREK ELKAFRAWI loaned TAREKEID OMARand previous Evansville mop
managers YS andAA approximately S50OOO to purchase a gas station in Evansville Indiana
usingfunds derived solely from TAREK ELKAFRAWrs rnop franchises
99 To conceal the source and nature of the funds used to purchasethe gas station located
at 600North Burkhardt Road Evansville Indiana TAREK ELKAFRAWI transferred
approximately SSOOOO to TAREK EIDOMAR Y S and AAwhich theyused to purchase the
gasstation
100Using laundered assets fromthe IHOP restaurants TAREK ELKAFRAWI and
KELLY ELKAFRAWI purchased homes at l0400 Tecumseh Drive Newburgh Indiana and
J4745 Prairie Lake Drive Toledo Ohio
101 Likewise MK purchased the following properties using funds from bankaccounts
in his various names 2510 Live Oak Road Sylvania Ohio 4027 Meadowgreen DriveSylvania
Ohio 7129 Sandy Springs Road Maumee Ohio and4837 SpringbrookDriveToledo Ohio
The funds were proceeds of the fraudulent schemes
102 Finally from 2004to the date of this indictment TAREK ELKAFRAWIsent
proceeds of fraudulent IHOP transactions overseas by carrying them on his person usingbank
acccunts ownedandcontrolled byTAREKEIDOMARand others knownto the Orand Juryand
using Western Union accounts operated by TAREK EIDOMARand SM (not charged in this
41 1pound44 (1~4 WIUL N~W~
Case 312-cr-00262~DAK Doc 1 Filed 0522112 26 of 65 PagelO 26
26
indictment) Those funds have been used in part to purchase real estate and to make investments
in Egypt
All in violation of Title 18 United States Code Section I956(h)
COVNTl
(Conspiracy to HarborAliens Title 8 UsC Sections t324(a)(l)(AXiii) and I324(a)(1)(AXv)(I)
The Orand Jury furthercharges that
I03 Paragraphs 1-16and 18-I02 are re-alleged and hereby incorporated by referenceas if
fully set forth herein
104 From at least as early as January2004 the exact date to the Grand Jury unknown
through at least December31 2011 in the Northern District of Ohio Western Division and
elsewhere the DefendantsTAREK ELKAFRAWI KELLY ELKAFRAWI AU11JMN LEE
TANGAS MK JOSE LEONmiddotGONZALEZ aka Jose Leon aka Jose Vargas aka Juan Vargas
aka Edwin MartelTAREK ElD OMAR CARLOS GAMBOA KHALED YOUSEF RAMIZ
AWWAD aka Ray JAMIL MOHAMMAD AWWAD KHALIL ABOUDAKKA MAHMOUD
ALI MOHAMED HASSANDONNAJ HARRIOIT LUCKY WILLIAMS and CESAR
AVILA did knowingly and intentionally combine conspire and confederate with each other and
with others known and unknown to the Grand Jury to conceal harbor and shield from detection
one or more aliens namely FJV-PJOSE LEON-GONZALEZ aka lose Leon aka Jose Vargas
aka Juan Vargas aka Edwin Martel MT-C C V V-A S L CESAR AVILA CARLOS
GAMBOAE M A M A G F G J LNU J LNU and approximately two hundred other
aliens known to the Grand Jury In several buildings including but not limited to the Perrysburg
PAGE 12 5WTOL NEWSOS232012 1144 4192447104
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27
Findlay Lima Airport Highway Central Talmadge and Evansville JHOPs as wellas 801 Hiltop
and 4020 RoyerRoad in ToledoOhio knowingand in recklessdisregard of the fact that the
aUen(s) had cometo entered and-remained in the United States In violation of law
A) 11 waspart of the conspiracy that the managers of (HOP restaurants
would hire undocumented aliens to workat the mops after clearingthe
hires with MK or TAREKELKAFRAWI
B) It was further part ofthe conspiracy that undocumented aliens would be
paid in cashuntil theyobtained fraudulent immigration and workdocuments
C) It was funher part of the conspiracy that co-conspirators sometimes would
assist the aliensin finding lodging and in cashing checksat the mop
or bankinginstitutions
D) It was further part oCthe conspiracy that undocumented aliens often would
be paid usinga fake name Or check name
E) It was further part of the conspiracy that the undocumented aliens sometimes
would be transported to other HOP restawant locations to work
F) It was further part ofthe conspiracy that co-conspirators sometimes would
assign to the undocumented aliens the socialsecurity numbers and personal identifierS of
former employees to shield the illegalworkers from discovery
All in violation of Title 8 United States Code Sections 1324(a)(l)(A)(iii) and
1324(a)(1 )(A)(v)(I)~
PAGE 13 5WTOL NEWSOS232012 1144 4192447104
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28
WVNTS3~7
(Mail Fraud Title 18USCbull Section 1341)
The Grand Jury furthercharges that
t OS The allegatiens contained in paragraphs Imiddot16 and 18middot02 of this Indictment are reo
allegedand hereby incorporated by referenceas if fully set forth herein
106 From on or about August 192003 to the dateof this Indictment in the Northern
District or OhioWestern Division and elsewhere TAREK ELKAFRAWI AUTUMNLEE
TANGAS andMK (not charged in this Indictment) devisedand intended to devise a scheme
and artifice to defraud IHOPCorporateand to obtain money and property by meansof materially
false and fraudulent pretensesrepresentations and promises
MANNER AND MEANS
107It waspart of the scheme that TAREK ELKAFRAWI through the use of the
MICROS system knew that sales were obtainedby IHOP Corporate on 8 weeklybasis through an
automatic remote uploading ofdata TAREK ELKAFRAWI knew that IHOP Corporateused the
weeklynet sales figures to determine the weeklyroyalty and rent amount owed byeach franchise
likewisehe knewthat IHOPCorporatedid not examine the weekly deductions from grosssales
that resulted in the net sales figures
108 In fact prior to 2004 TAREK ELKAFRAWI receivedregular IHOP Corporate
reviewsof the operating expensesand balancesheets that showed the costs deducted from gross
sales reflected in net sales After AUlUMN LEETANGAS became FBC in 2004 such thorough
PAGE 14 5WTOL NEWSOS232012 1144 4192447104
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29
reviews ceased entirely TAREKELKAFRAWI thereafter devised various schemesto
manipulate the MICROS system in order to create lower-than actual weekly net sales
109Onesuch schemewas to simply tum the MICROS system otT so sales werenot
recorded
110Additionally TAREK ELKAFRAWI instructed his lHOP managers to voidsales
entirelyor to givesignificant discounts to tickets after the ticket had been paid for by thecustomer
and closed
11 J Othercosts chargedagainst grosssales includedunit promotions contests
maintenance andpayouts for whichno documentation was provided In fact these were cash
distributions toTAREK ELKAFRAWI and other employees representingunreported income
112TAREK ELKAFRAWI also woulddeposit rebatecheeks from vendors into the
CentrallHOP account however he would direct his accountants to reflect the deposit as a loan
from officer rather than as incomefrom a rebate This fraudulent representation created an
additional debt on the balance sheet of Central JHOP thus giving the appearancethat the
restaurantwas encumbered with debt and operating expenses and not profitable
1t3 Asa result of these schemes TAREK ELKAFRAWI created the appearance through
his weeklysalesfigures that the CentrallHOP store wasseverely underperforming
114 SInce 2007 TAREK ELKAFRAWI with the help of AUruMN LEETANGAS
applied for rentand royalty reliefpayments from IHOPCorporate Based on the fraudulent
weeklynet sales reports and the annual recommendation of AUlUMN LEE TANOASTAREK
ELKAFRAWIreceived approximately $2300 a week in rentas well as royaltyrelief from HOP
Corporate to which he otherwisewJ not entitled
OS232012 1144 4192447104 WTOL NEWS PAGE 15 5
Case 312-cr-00262-DAK Doc 1 Filed 052212 30 of 65 pagelD 30
30
116 ThesereHefpayments werememorialized in annualcontractsamending the franchise
agreement for eachyear to retlect the newrelief payment agreement Thesecontracts were mailed
from mop Corporate headquarters in Glendale California to Toledo Ohio after the FBCand
RD memos were submitted and approved
117 Onor abouteach of the dates set forth below in the Northern District of Ohio
Western Division and elsewhere for the purpose of executing and attempting to execute the
abovedescribed scheme and artifice 10defraud DefendantsTAREK ELKAFRAWI and
AUTUMNLEE TANOAS knowingly caused to be placed into any post office or authorized
depository for mail matterany matteror thingto be sentand deliveredby the US Postal Service
and caused to be deposited any matterto be sent or delivered by privateand commercial interstate
carrier the following matterfrom Glendale California to Toledo Ohioeach mailing constituting
a separate count
COVNT3
~ SENDER MAJLMATIER
September 24 2007 IHOP Corporate mailing of Amended ReliefContract
COUNL4
June5 2008 IHOPCorporate mailing ofAmended ReliefContract
COUNTS
August 172009 lHOP Corporate mailing of Amended Relief Contract
CQUNT6
May 25 20)0 IHOP Corporate mailing of Amended Relief Contract
OS232012 1149 4192447104 WTOL NEWS PAGE 0115
Case 312-cr-00262-DAK Doc 1 Filed 052212 31 of 65 PagelD 31
31
COuNT 7
May 162011 IHOPCorporate mailing of Amended Relief Contract
All in violation ofTitle l8 United States Code Section 1341
COUNTS
(Health Care FraudTitle 18 USC Sections 1347and 2)
The Grand Jury further charges that
118The allegations contained in 1-16and 18-102of this Indictment are re-allegedand
herebyincorporated byreferenceas if fullyset forth herein
119Using the methodsdescribed in Paragraphs 60-78 TAREK ELKAFRAWr and
others known to the Orand Jury submitted fraudulent reports to BWe resulting in BWe
undercbarging the Airport Highway IHOP
120 From on or about June 4 2004 to the date of this Indictment in the NorthernDistrict
of Ohio Western Division and elsewhere TAREK ELKAFRAWI and others known to the
Orand Jury having devised and intendingto devise B scheme and artifice to defraud the Ohio
Bureauof Workers Compensation (BWe) a healthcare benefit program as defined in Title 18
United States CodeSection24(b) of money by means ofmateriaJly false representations and
promises that was and is in connectionwith the paymentfor health care benefits items IUId
services did knowingly and willfully execute the aforesaid scheme
In violation of Title 18 UnitedStates Code Sections 1347and 2
PAGE 0215WTOL NEWSOS232012 1149 4192447104
Case 312-cr-00262-DAK Doc 1 Filed 052212 32 of 65 PagelD 32
32
COLlNT9
(Health Care FraudTitle 18 USC Sections 1347and 2)
The Orand Jury further charges that
121 The allegations contained in paragraphs )-16 and 18102 of this Indictmentare reo
alleged and herebyincorporatedby reference as if fully set forth herein
122 Using the methodsdescribed in Paragraphs60-78 TAREK ELKAFRAWI and
others known to the Orand Jury submitted fraudulent reports to Bureau of Workers Compensation
(BWC)resulting in BWe undercharging theTalmadge IHOP
123 From on or about June 4 2004 to the date of this Indictment in the Northem District
ofOhio Western Divisionand elsewhere TAREK ELKAFRAWI and others known to the
Grand Jury having devised and intendingto devisea scheme and artifice to defraud the Ohio
awe a health carebenefit program as defined in Title )8 t United States CodeSection 24(b) of
moneyby means of materially false representations and promises that was and is in connection
with the paymentfor health care benefits hems and services did knowinglyand willfullyexecute
theaforesaid scheme
In violation of Title 18 UnitedStatesCode Sections 1347 and 2
CQUNTlll
(Health Care FraudTitle 18USC Sections 1347and 2)
The Orand Jury further charges that
124 Theallegations contained in paragraphs 1-16 and 18-102 of this Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
PAGE 0315WTOL NEWSOS232012 1149 4192447HI4
Case 312-cr-00262-DAK Doc 1 Filed 0522112 33 of 65 PagelD 33
33
125 Using themethods described in Paragraphs 60-78 TAREK ELKAFRAWI and
others known to the OrandJury submitted fraudulent reports to BWC resulting in BWC
undercharging the Lima IHOP
126 From on or about August 31 2007 through the date of this Indictment in the
Northern District of Ohio Western Divisionand elsewhereTAREK BLKAFRAWIand others
known to the GrandJury havingdevisedand intendingto devise a scheme and artifice to defraud
the Ohio Bureau of Workers Compensation (BWe) a health care benefit program as defined in
Title 18 United StatesCode Section24(b) of money by means of materially false
representations and promises that wasand is in connection with the payment for health care
benefits items and services did knowingly and willfullyexecute the aforesaid scheme
In violationof Title 18UnitedStates Code Sections 1347and 2
COUNT 11
(Health Care Fraud Title 18 USC Sections 1347and 2)
The Grand Jury furtherchargesthat
127The allegations contained in paragraphs 1-16and 18-102of this Indictment are reshy
allegedand herebyincorporated by reference as if fully set forth herein
128 Using the methods described in Paragraphs60-78 TAREK ELKAFRAWI and
others known to the OrandJury submitted fraudulent reports to Bwe resulting in awe
undercharging the Findlay IHOP
129 From on or aboutMay 102004 through the date of this Indictment in the Northern
Districtof Ohio Western Division and elsewhere TAREK ELKAFRAWI and others knownto
theGrand Jury havingdevised and intending to devise a scheme and artifice to defraud the Ohio
Bureau of WorkersCompensation (BWe) a health care benefit program as defined in Title 18
4) lL44Hl4 WIUL NIW~
Case 312-cr-00262-DAK Doc 1 Filed 052212 34 of 65 PagelD 34
34
United StatesCode Section 24(b) of moneyby meansof materially false representations and
promises that wasand is in connection with the payment for healthcare benefits items and
services did knowingly and willfully execute the aforesaidscheme
In violation of Title 18 United States Code Sections 1347and 2
CoUNT12
(Health Care Fraud Title 18USC Sections 1347and 2)
The Orand Jut)I further charges that
130 The allegations contained in paragraphs Imiddot] 6 and 18-]02 of this Indictmentare reshy
alleged and hereby incorporated by reference as iffulJy set forth herein
13 l Usingthe methods described in Paragraphs 60-78 TAREK ELKAFRAWI and
others knownto the Orand Jury submitted fraudulent reports to BWe resulting in awe
undercharging the Central IHOP
132 From onor about February 28 2005 through the date of this Indictment in the
Northern Districtof Ohio Westem Division and elsewhere TAREKELKAFRAWI and others
known to the Grand Juryhavingdevisedand intending to devisea scheme and artifice to defraud
the Ohio Bureau of Workers Compensation (BWC) a health care benefitprogram as defined in
Title 18 United States CodeSection24(b) of money by means ofmaterially false
representations and promises that was and Is in connection with the paymentfor health care
benefits items and services did knowingly and willfully executethe aforesaid scheme
In vioJation of Title 18 United States Code Sections 1347and 2
41 I~4411~4 WIUL N~W~
Case 312middotcr-00262middotDAK Doc 1 Filed 052212 35 of 65 pagelO 35
3S
COUNT 13
(HealthCare Fraud Title 18 USC Sections 1347 and 2)
The Grand Jury furtherchargesthat
133The allegationscontained in paragraphs 1middot16 and 18middot102 of this Indictment are reshy
alleged and herebyincorporated by reference 8$ if fullyset forth herein
134 Using the methodsdescribed in Paragraphs 6Q78 TAREK ELKAFRAWI and
others known to the GrandJury submitted fraudulent reports to awc resulting in awe
undercharging the Perrysburg JHOP
135 From on or about August 30 2005 through the date ofthis Indictment in the
Northern District of Ohio Western Division and elsewhere TAREK ELKAFRAWI and others
known to the GrandJury having devised and intending to devise a scheme and artifice to defraud
the Ohio Bureauof WorkersCompensation(BWC) a health care benefit program as defined in
Title 18 United States Code Section 24(b) of money by means of materially false
representations and promises that was and is in cenneetlon with the payment for health care
benefits items and services did knowinglyand willfullyexecute the aforesaid scheme
In violationofTitle 18United StatesCode Sections 1347 and 2
COUNTS 14-17
(Mail Fraud Title 18 USC Section J341)
The Grand Jury furthercharges that
136 The allegations containedin paragraphs 1-16 and 18middot102 of this Indictmentare reshy
alleged and hereby incorporatedby referenceas if fully set forth herein
131 Fromon or about January 30 20ll through on or about April 10201 I in the
Northern District of Ohio Western Division and elsewhere Defendants TAREK ELKAFRAWI
PAGE 061lbWIDe NEWS~b1L32012 1149
Case 312-cr-00262-DAK Doc 1 Filed 052212 36 of 65 PagelD 36
36
and TAREK EIDOMARdevised and intended to devisea scheme and artifice to deframiddotud and to
obtain moneyfrom THOP Corporate by meansof materially false and fraudulent pretenses
representations and promises
MANNER AND MEANS
(t was part of the schemeand artifice that
]38 Using the methods described in Paragraphs 46-54 and 71-78 TAREK ELKAFRAWI
and TAREK EIDOMARmanipulated the SABLE Pointof Sale system to fraudulently report
debits and charges in order to hide the removal of cashdirectly from the Evansville IHOP
TAREK EID OMARat the direction of TAREKELKAFRAWI would then producea fraudulent
PampL report and mail it using the United States PostalService to provide that report to
Management Services in Wichita Falls Texas
139 Onor about each ofthe dates set forth below in the Northern District of Ohio
Western Division andelsewhere for the purpose ofexecutingand attempting to executethe
above described scheme and artifice to defraudTAREK ELKAFRAWI and TAREK EID OMAR
knowingly caused to be placed into any post office or authorized depository for mail matterany
matteror thingto besent and delivered by the US Postal Services and caused to be deposited any
matter to be sent or delivered by privateand commercial interstatecarrier the following matter
from Toledo Ohioand Evansville Indianato WichitaFallsTexas each mailingconstituting a
separate count
COUNT 14
Mm SENDER MAIL MAUER
January 302011 TAREK EID OMAR PampL report
OS232012 1149 419~447104 WTOL NEWS PAGE 0715
Case 312-cr-00262-0AK Doc 1 Filed 0522112 37 of 65 PagelD 37
37
COUNT 15
February14 2011 TAREK BID OMAR PampL report
COUNT 16
March 28 20II TAREKEID OMAR PampL report
COUNT 17
April 102011 TAREK EJD OMAR PampL report
All in violation ofTitle 18UnitedStates Code Sections 341 and 2
COUNT 18
(Use of Fire to Commit a Felony Title 18 USC Sections 844(h) and 2)
TheGrand Jury further charges that
140The allegations contained in paragraphs 1-16 and 18-102 ofthis Indictmentarc reshy
alleged and hereby incorporatedby reference as if fully set forth herein
141On or about August 10 and II 2008 [n the Northern Districtof Ohio Westem
DivisionTAREK ELKAFRAWI and JOSE LEON-GONZALEZ knowingly used fire to commit
Mail Fraud a felony prosecutable in a court of the United States
In violation ofTitle 18 United States Code Sections 844(h) and 2
COUNTl2
(Malicious Use of Fire Title 18 USC Sections 844(i) and 2)
The Grand Jury further charges that
142 The allegations contained in paragraphs 1-16and 18-102 ofthls Indictmentare reo
alleged and hereby incorporated by reference as if fully set forth herein
WTOL NEWS PAGE 0815OS232012 1149 4192447104
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38
143 On or about August 10and II 2008 in the Northern District of Ohio Western
Division TAREK ELKAFRAWIand JOSE LEON-GONZALEZ maliciously damaged bymeans
of fire and explosivematerialsa buildinglocated at 7777 Countymiddot Road 136 Findlay Ohio used
in interstatecommerce
In violation of Title 18 UnitedStates Code Sections 844(i) and 2
coUNtS 0-28
(Mail FraudTitle] 8 USCSection 1341)
The Grand Jury furthercharges that
144 The allegations containedin paragraphs 1-16and I8-102 of this lndictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
145 Fromapproximately the month of July 2008 the exact date unknownto the Grand
Jury through On or about October 27 2009 in the Northern District of Ohio Western Division
and elsewhereTAREK ELKAFRAWI devisedand intended to devise 8 scheme and artifice to
defraudFarmers InsW1J1ce Group and to obtain moneyand property by meansof false and
fraudulent pretenses representations and promises
146 It was part of the schemeand artificeto defraud that TAREK ELKAFRAWI would
submit traudulent invoices to FarmersInsuranceGroup under PolicyNumber 602926772 for
work that was not performed or performed at a lower invoice
147It was a furtherpart of the scheme and artifice that TAREK ELKAFRAWI submitted
claims forpayroll costs that were completely illusorybecause the requested claimswere for
periods the restaurant was closed and had no employees
~~~J2012 1149 4192447104
Case 312-cr-00262-DAK Doc
WIDe NEWS PAGE 091~
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39
148 It was a furtherpart of the sc erne and artifice that all checks were sent directly to
TAREKELKAFRAWI at the Terry Elk G~OUP not the Findlay lHOP
149On or about each of the dates bet forth below in the Northern District of Ohio
Western Division and elsewhere for the Jurpose of executing and attempting to execute the
above described scheme and artifice to delud TAREK ELKAFRAWI knowinglycaused to be
placed into any post office or authorized dlpository for mail matterany matter or thing to be sentI
and dellvered by the US Postal Service Jd caused to be deposited any matter to be sent or
delivered by private and commercial inters~te carrier the following matter from the state of
Illinois to Toledo Ohio each mailingcon~itUting a separate count
October 17 2008
October22 2008
January 262009
October21 2009
September22 2008
January 26 2009
SENDER
Fanners Insurance
Farmers Insurance
Farmers Insurance
Farmers Insurance
FarmersInsurance
Farmers Inswance
CO 20
M61LMAmR
$S5947S 1check to Terry Elk Group
21
I $45581367 check to Terry Elk Group
~ I $24444302 check to Terry Elk Group
~ I $2262384 check to Terry Elk Group
bOUNTM
I $2500000 check to Terry Elk Croup
~ $15684795 check to Terry Elk Group
PAGE 1015WTOL NEWS05232012 1149 4192447104
Case 312-cr-00262-DAK Doc 1 Filed 05122112 40 of 65 pagelD 40
40
COUNT 26
October ~ I 2009 Farmers Insurance $4285205 check to Terry Elk Group
COUNT 27
February 172009 Farmers Insurance $20867200check to Terry Elk Group
COUNT 21
October 27 2009 FarmersInsurance $15226400 check to Terry Elk Group
All in violationofTitle 18 United States Code Section 1341
COUNT 29
(Aggravated IdentityTheft Title 18 USC Section 1028A and 2)
The OrandJury furthercharges that
ISO The allegations contained in paragraphs 1-16and 18~102 of this Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
J51 Onorabout October9 2007 in the Northem District of9hlo Western Division
TAREK ELKAFRAWI did knowinglyuse without lawftllauthority a means of identification of
another personduring and in relation to the commission ofWire Fraud a violation ofride 18
United States Code Section 1343
In violation of Title 18 United States Code Sections I028A(a)(1) and 2
CQVNT30
(Aggravated Identity Theft T~tle is USC Section l028A and 2)
The Grand Jury further charges that
152 The allegations eontained in paragraphs 1-16 and 18-102 of this Indictment are reshy
alleged and hereby incorporated by reference as if fully set forth herein
05232012 1149 4192447104 WTOL NEWS PAGE 111 5
Case 312-cr-Q0262~DAK Doc 1 Filed 052212 41 of 65 PagelD 41
41
153 On or about May 192008 in the Northern District of Ohio Western Division
TAREK ELKAFRAWIdid knowingly use without lawfulauthoritya means of identification of
another personduringand in relation to the commission of Wire Fraud a violation ofTitle 1g
United StatesCodeSection I~43
In violation of TitJe J8 UnitedStates Code Sections 1028A(a)(I) and 2
COUNT31
(Aggravated IdentityTheftTitle 18USC Section J028A and 2)
The Orand Jury furthercharges that
154 The allegations contained in paragraphs 1-l6- and 18middot102 of this Indictment are reshy
alleged and herebyincorporated by reference as if fully set forth herein
155 On or aboutJuly 132Q09 in the Northern District of Ohio Western Division
TAREK ELKAFRAWIj did knowingly use without lawfuJ authority a means of identification of
another personduring and in relation to the commission of Wire Fraud a violation of Title 18
United StatesCodeSection 1343
In violationofTitle 18 United States Code Sections 1028A(aXl) and 2
COlNT32
(Aggravated IdentityTheft Title 18USC Sectlon J028A and 2)
The Grand Jury furthercharges that
J56 Theallegations contained in paragraphs1-16and 184 J02 of this Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
157On or about May3l 2009 in theNorthern Districtof Ohio Western Division
TAREK ELKAFRAWI did knOWingly use without lawful authoritya means of identification of
OS232012 1149 4192447104 WTOL NEWS
Case 312-cr-00262-DAK Doc 1 Flied 0522112 42 of 65 PagelD 42
42
another person during and in relation to the commission of Wire Fraud a violation of Title 18
United States Code Section 1343
In violation ofTitle 18 United States Code Sections 1028A(a)(I) and 2
COUNT 33
(Aggravated Identity Theft Title 18 UsC Section l028A and 2)
The GrandJury further charges that
138 The allegationscontainedin paragraphs 1-16 and 18-]02 of this Indictment are reshy
alleged and herebyincorporated by reference as if fullyset forth herein
159 On or about October 22008 in the Northern District of Ohio Westem Division
TAREK ELKAFRAWI did knowingly use without lawfulauthority a means of identification of
another personduring and in relation to the commission of Wire Fraud a violationof Title 18
United States Code Section 1343
In violationof TItle ]8 United States Code Sections 1028A(a)(I) and 2
CQVNT34 (Aggravated IdentityTheft Title 18 USC Section 1028A and 2)
The Grand Jury furtherchargesthat
160 The allegationscontained in paragraphs 1-16and 18-102ofthis Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
16t Onor about January27 2008 in the Northern District of Ohio WesternDivision
TAREK ELKAFRAWI did knowinglyuse without lawfulauthority a means of identification of
anotherpersonduringand in relation to the commissionofWire Fraud a violation ofTitJe 18
United States Code Section 1343
In violation of Title 18United States Code Sections l028A(a)(1) and 2
I I
WTOL NEWS PAGE 13115OS232012 1149 4192447104 I
Case 312-cr-00262-DAK Doc 1 Filed 052212 43 of 65 PagelD 43
43
COUNT 35 (AggravatedIdentityTheft Title 18USC Section 1028A and 2)
The Grand Jury further charges that
162The allegations contained in paragraphs I-16 and 18-102 of this Indictment are reshy
alleged and herebyincorporated by reference as jf fully set forth herein
163On or about March 72009 in the NorthernDistrict of Ohio Western Division
TAREK ELKAFRAWI and KHALED YOUSEF did knowinglyuse without lawful authority a
means of identification of another personduringand in relation to the commission of Wire Fraud
a violation of Title 18 United States Code Section 1343
In violationof Title 18 United States Code Sections 1028A(a)(1)and 2
COUNT 36
(Aggravated IdentityTheft Title 18 USC Section 1028Aand 2)
The GrandJury further charges that
164 The allegations contained in paragraphs 1-16 and 18-102 of this Indictmentare reshy
allegedand hereby incorporated byreferenceas if fully set forth herein
16S On or about March tS 2009 in the Northern District of Ohio Western Division
TAREK ELKAFRAWI and KHALED YOUSEF did knowinglyuse without lawful authority a
means of identification of another person duringand in relation to the commission of WireFraud
a violation of Title 18United States Code Section 1343
In violation ofTitle 18United States Code Sections l028A(a)(1) and 2
~~~~2012 1149 4192447104 wloe NEWS
Case 312-cr-00262-0AK Doc 1 Filed 052212 44 of 65 PagelD 44
44
COUNT 37
(Aggravated Identity The~ Title 18 USC Section l028A and 2)
The GrandJury further charges that
166 Theallegations contained in paragraphs 1-16 and 18-] 02 of this Indictment are reshy
alleged and hereby incorporated byreference as if fully set forth herein
167 On or aboutJuly 21 2009 in the Northern District of Ohio Western Division
TAREK ELKAfRAWI and RAMIZAWWAO did knowingly use without lawful authority a
means of identification of anotherperson duringand in relation to the commission of WireFraud
a violation of Title 18United States Code Section 1343
In violation ofTitle 18 UnitedStates Code Sections l028A(a)(1) and 2
cOUNT38
(Aggravated Identity TheftTitle 18 USC Section 1028A and 2)
The Grand Juryfurthercharges that
168Theallegations contained in paragraphs 1-16 and t8-102 of this Indictment are reshy
alleged and hereby incorporated by reference 8S if fully set forth herein
169 On or about July 132009 in the NorthernDistrict ofOhio WesternDivision
TAREK ELKAFRAWIand IAMIL MOHAMMED AWWAD did knowingly use withoutlawful
authority a meansof identification of another person during and in relation to the commission of
Wire Fraud a violation ofTitle 18 United States Code Section 1343
In violation of Title 18 United States CodeSections l028A(a)(1) and 2
11 4l 41 l~44 IUl4 WIUL NIWl
Case 312-cr-00262-DAK Doc 1 Filed 0522112 45 of 65 PagelD 45
45
COUNT 39
(Identity Theftt Title 18 USC Sections 1028 and 2)
The Grand Jury further charges that
170 The allegationscontained in paragraphs 1-16 and 18-102 of this Indictment are reshy
alleged and hereby incorporated by reference as if fully set forth herein
171 On or about December132010 in the Northern District orOhio Western Division
TAREKELKAFRAWI and DONNA J HARRIOTTt did knowingly use in or affectinginterstate
or foreigncommerce without lawful authority a means of identification ofanother person to wit
s social securitynumber and date of birth with the intent to commit or to aid or abet or in
connectionwith any unlawful activitythat constitutes Wire Fraud 8 violation of 18USC
sect1343 and the offense involved the useof an authentication feature that is or appears to be an
identification document or authentication feature issued by Or under the authority of the United
States
All in violation ofTitle 1St United States Code Sections 1028(a)() (b)(l )(A)(l) and (f)
and 2
COUNI40
(Identity Theft Title 18USCbull Sections 1028and 2)
TheGrand Juryfurther chargesthat
172The allegationscontained in paragraphs 1-16 and J8middot102 of this Indictment are reo
allegedand hereby incorporated by referenceas if fully set forth herein
173On or about May42010 in the Northern District ofOhio Western Division
TAREK ELKAFRAWI and SARA RINEBOLT did knowingly use in or affecting interstate or
Case 312~cr-00262middotDAK Doc 1 Filed 052212 12 of 65 PagelO 12
12
into her bank account as ~ partial return on her investment in the Findlay IHOP
39 AUTUMN LEETANGAS failed to inform lHOP Corporateof her financial
relationship witheitherLR or TAREK ELKAFRAWI
40 On or about June 8 2005 AUTUMNmiddot LEETANOAS deposited a $20000 check
drawn on the Airport Highway IHOP account (andsignedby TAREK ELKAFRAWI) into her
bankaccount as a final return on her investment ill the FindlayJHOP Since that investment
AUTUMN LEETANGAS hal continued to serveas FBC for the restaurants owned and operated
by 1AREK ELKAFRAWI and othersknown to the Grand Jury During that time those
restaurants wereneveraudited nor were their sales losses or financial performances questioned
41 IHOPCorporate also was not notified of a fire at the FindlaylHOP in 2008 that
resulted in approxhnately $136 million in damage claims by TAREK ELKAFRAWI and the
closureof the location for three months Such information is the type ofmaterial information
IHOP Corporate expects FBCs to collect and provide in reports to headquarters
42 On multiple occasions known to the Grand Jury AUTUMN LEETANGAS informed
managers of the Toledo-area IHOPs that she knewthat a numberof illegal aliens worked for the
lHOPsownedand operated by TAREKELKAFRAWIand madestatements to persons known
to the Grand Jury that everyone wouldbe in trouble if that fact became known
43 Pan afthe incomplete and erroneous infcrmation provided by AUTUMN LEE
TANGAS to IHOPCorporate included her filing yearly reports recommending that lHOP
Corporate subsidize the Central Avenue IHOP by providing a weekly credit ofapproximately
$2300 This credit referred to as a reliefpayment was supposedto be used to lessen the burden
of payingweekly rent and royalty payments for an underperforming restaurant Originally
SIC1 3911d SM3N lOlM
I
Case 312-crmiddot00262-DAK Doc 1 Filed 0522112 13 of 65 PagelO 13
13
intended by mop Corporate to be a temporary short-term paymentused in extraordinary
circumstances through the attestations andsupport of AUTUMN LEETANGAS theCentral
IHOP received credits for overfive years Asa resultTAREKELKAFRAWIpersonally
realizedover$500000 in revenue that otherwise would have been retained by mop Corporate
44 Additionally the annual reports supporting on-goingrellefpayments enabled TAREK
ELKAFRAWI and MK to justify declining sales which in actuality were a direct result of
Point of Sale system manipulations and otherfrauds rather than a marketcondition affecting the
franchise
45 Protected from IHOPCorporate scrutiny TAREKELKAFRAWI MK and KM
directedand controlled several ongoingwirefraud schemes involving the finances of their IHOP
franchises These wire fraudschemes faU intothe following categories Point of Salesystem
manipulations of the grossand net sales and fraudulent reporting of assets and liabilities to skew
the performance of certain restaurants thereby qualifying them for IHOPCorporate benefits
false reporting to ewe and payroll manipulations to enable improperhealthand welfare
benefits
Point of Sales MauipulatloD
46 In addition to the aboveschemes from approximately 2004 to the dateof this
indictment TAREK ELKAFRAWI MK and TAREK EID OMARpersonally directed
managers to manipulate the Pointof Sale systems in order to remove cash from the stores 8S
unreported income
47 TAREK ELKAFRAWI and MK directed the Point of Sales system remotely
through the use of software that gave them full access and controlof the Pointof Salessystem
SM3N lOLM
Case 312-cr-00262-DAK Doc 1 Filed 0522112 14 of 65 PagelD 14 )4
from their homes Since approximately 2010-20]) TAREK ELKAFRAWI and MK have used
softwarecalled Team Viewer This software was installed on the home computers ofTAREK
ELKAFRAWI and MK in 2010 and 2011 respectively shortlyafter the latestMICROS system
was installed on all [HOP computers
48 One of the schemes to defraud was to manually reset the internal clock and calendar
of the MICROSsystem For instance on a Monda) the MICROS system would be set two days
ahead this would essentially pausethe system from downloading and compilingthe sales
figWes Thus although on that Wednesday the MICROS system would recognize the sales
recorded for Monday Tuesday and Wednesday and create aggregate statistics for those three
days the fact that the system was paused for thosedays allowed managers to manipulateor
under-report all of the cash transactions because cash transactionswere recognized as open
tickets for those threedays
49 The benefit of having an openticket was significant As long as a ticket was
open a sale was not considered complete that ticket could then be manipulated or even
deleted completely Thus when the MICROS system clocks werereset any open tickets or
cash transactions could be voided in MICROS and the easb receivednot recorded
50 In addition to manipulatingthe intemalsettings of MICROS MK and TAREK
ELKAFRAWI deviseda scheme whereby the MICROSsystem would simply be turnedoff
either by MK or a manager and product sales rung up manually
5 t Like the clock-settingscheme when MICROS was off-line tickets became
unreportable so cash transactions were not recorded by the system and moniescould be received
and deposited without lUI) paper trail Such transactions were not taxed and the sales were not
SM3N lOlM
middot
Case 31Z-cr-OQ262-DAK Doc 1 Filed 052212 15 of 65 PagelD lS
]5
recorded at the IHOP Corporate level so money that would otherwise have triggered the payment
of taxes or franchise feeswas kept by TAREK ELKAFRAWI as unreported income
52 TAREK ELKAFRAWI MKand TAREK EID OMARalso manipulated the
reporting of sales through the use of coupons When a customer paid in cash the store manager
was directed to use a store coupon to reduce the ticket or void the sale completely Therefore the
difference betweenthe reduction or void was not reflected in the final sale total and could be
taken by management as unreported income Accordingly TAREKELKAFRAwr MK and
TAREK EID OMARdirected their managers to use cash sales transactions to realize unreported
incomebull
53 ~AREK ELKAFRAWIand TAREK BIDOMAR manipulated the SABLE systemin
the Evansvillerestaurantmuch morebrazenlythan in theToledo-arearestaurants because of
certain exploitablecharacteristics of the SABLEsystem
54 Manipulations also affected employees salaries Starting in 2004 and continuing
through the present TAREK ELJltAFRAWI MK and TAREK ErO OMARdirected managers
to automatically deduct30 minutes fromalmost every employees time card daily in the Pointof
Sale systemsusing the BmiddotSO1 programs ability to edit entries
Manipulatiag Profit and Loss Statemenl$
55 The goal of these schemeswas to divert money from the restaurants actual gross
income into the personal accounts ofTAREK ELKAFRAWI and MK as unreported and
untaxed income As part of the schemeto laundermoney and evade federal state and local
taxes TAREK ELKAFRAWIMKbull KMand TAREK EID OMAR also directedaccountants
=iMlN nlM
PAGE 0115OS232012 1144 4192447104 WTOL NEWS I
Case 312-cr-00262-DAK Doc 1 Filed 052212 16 of 65 PagelD 16 I bull bull
16
and bookkeepers to manipulatethe profit and loss statements (hereinafterPampLs) and balance
sheets for their various corporations
56 A PampL is a physical or electronic documentdetalHng how a corporations gross
income is transformed into the net income It displays the reported gross income for a specific
period oftime and the costs and expenses charged against this income The purpose is to show
interestedpartieswhetherthe corporation lost Or made money The accountants created the PampL
statements using data providedby TAREK ELKAFRAWI and MK and relied on those PampLs to
filecorporate taxes
57 That data wasculled from various sources MK helped create the PampLspreadsheets
by providing the documents to the managersand then received the completed weekly
spreadsheets via email Upon receiving the PampL spreadsheets the restaurant managers added in
reported total sales laborcosts for the staff invoicesfor food and supplies food discountsand
manager voids However the managers salaries end the restaurants rent expenses were entered
in the spreadsheet by MK and could not be altered by other employees Included in the
spreadsheetportioncreated by MK were some budgetary lines containing debits for categories
that simply did not exist as businessexpenses Thenumbers provided by MK were inflated
For example the LimaIHOP PampLlisted a gross total ofapproximately$ ]500 per week for
managers salaries However the number that MK entered into the PampL for managers salary
was $2100 per week Likewise the amount paid in rent was consistently inflated in excessof
actual rent payments for the tHOP restaurants The spreadsheets were then submitted to the
accountantswho created the PampL TAREK ELKAFRAWI reviewed the final PampL and made
revisions to further hide his efforts to divert profits
41l44flI14 WIUL NcW~
Case 312middotcrmiddot00262-DAK Doc 1 Filed 0522112 17 of 65 PagelD 17
17
58 Byknowingly entering inaccurate infonnation into the PampLs TAREK ELKAFRAWI
MK KM and the store managersactingat their direction in effect manipulated the tax
burden levied on their corporation byfederal state and local governments
59 Furthermore as II result of the PampLmanipulation the net profits Were artificially
deflated to minimize the amount of royalties and rent paid to IHOP Corporate
Defrauding Worken Compensation
60 Beginning in approximately2003 TAREK ELKAFRAWI MK and KM set up
various schemes to defraud BWC and lowerthe amount they had to pay into the Workers
Compensation system BWCpayments helpcover the cost of injuries to employees whoare hurt
on the job and functions as a ferm of insurance for a company The percentageof wagespaid by
the employerare relatedto the type of business a companydoes the number of employees the
number of claims in prior reporting periodsand other factors to arrive at a semi-annual figure
owed by a company
61 From 2004 to the present TAREK ELKAFRAWIand MK manipulated some of the
factors used by awe to determine an employers premiumsfor its employees For instance
since managers premiumsare calculated at a higher rate because their salaries are greaterthan
other employees TAREKELKAFRAWI MK and KM devised a scheme to lower manager
reporting to zero(0) likewise a cooks premium would be calculated at a higher rate because
they work in moredangerous situations thanwaitresses TAREK ELKAFRAWI MK and
KM developedwaysto manipulate the reporting ofemployees average weekly salaries Also
although overtime and tips are calculated by BWCTAREK ELKAFRAWI MK and KM
WIUL NtW~41 j~441~4~o~~pound~l~ 1144
Case 312-cr-OD262middotDAK Doc 1 Filed 052212 18 of 65 PagelD 18
18
deviseda schemeto avoid includingthose two factors in the final equation to fraudulently
understate premiums owed to awe
62 During2004 MK and KM submitted the semi-annual reports in person at the
Toledo office ofBWC The paymentswere made via check which triggered an electronic funds
transfer from IHOP bank accounts to BWe accounts In 2005 awc switched to an electronic
filing system
63 MK directedKM to use the averageof the lowest weekly payroll to calculatethe
semi-annual wage figure despite the fact that Bwe regulations required an average ofall weekly
wage figures for the reporting period By submitting only an average of the lowest weeks
TAREK ELKAFRAWI MK and KM deflatedthe wage figure
64 To further depress the numbers MK told KM to omit the salaries ofmanagers and
tips and then deductmore from the total Generally this manipulationdecreased the final wage
figure by an additional twenty percent(20)
6 From 2004 to the date of this indictment TAREK ELKAFRAWI was made awareof
the paymentfigure regardless of who filed the form and directed each paymentto be lower than
the previousone
66 DespiteTAREK ELKAFRAWls seeminglyarbitrarY calculus this reportingfigure
could be audited by awe The department required all businesses to file a Form 941 which
listed employees wages and taxes paid every90 days for the purpose ofpaying federal taxes
67 The Fonn 941 was created for BWC using Profit and Loss sheets MICROS and
payrollrecordsand was generally consistentwith those documents
WTOL NEWS PAGE 0415OS232012 1144 4192447104
Case 312-cr-00262-DAK Doc 1 Filed 052212 19 of 65 PagelD 19
19
68 During an audit BWe could request the Form 941 and compare those numbers with
the numbers provided to awe
69 Between 2004 and 2009 KM received noticesof Bwes intention to audit various
Toledo IHOP locations Each timea notice was receivedKM TAREK ELKAFRAWI and
MK simplyignored it Threeof the auditswere never perfonned by BWC
70 BWe did audit the Findlay IHOP in 2007 fora two-year period Originally it was
determined that the restaurant owed over $55)000 in unpaidawe premiumsfor that timeperiod
71 In orderto avoid paying these premiums KM amendedtherestaurant)s worksheet
deletingmanagersnames from the list of employees and fraudulently listing the managers 8S
officersof the corporation that owned Findlayand therefore we~ exempt from payingworkers
compensation premiums However the Articles of Incorporation were not changed to list these
managers as corporate officers
72 Bymaking this change at the direction ofTAREK ELKAfiRAWI KM reportedly
reduced the amount of premiums owed awe to approximately i35000 When AunrMN LEE
TANGAS learned of thisscheme rather than reporting it to IHOP Corporate either the crime or
the addition of newofficersas required by corporate policy she told KM Youjust saved
TAREKs a-
73 In 2007 in response to the auditTAREKELKAFRAWI MK and KMcreated the
Terry Elk Group all managers weretransferred to that company and put on its payroll The
Terry Elk Group was created byKM at thedirection ofTAREK ELKAFRAWIto further
minimize payments to awe
PAGE 05 5WTOL NEWSOS232012 1144 41g2447104
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20
74 Although each of the seven identifiedmop restaurants transferred money to the
Terry Elk Groupto pay salaries for managers the Terry Elk Group never paid awe taxes
75 TAREK ELKAFRAWIand MK were officers of the Terry Elk Group and TAREK
ELKAFRAWland AUTUMN LEETANGAS both told KM that this was a great solution to
avoid payingBWC
76 The falsification of recordsand thecreation of the Terry Elk Group resulted in an
underpaymentofapproximately S2S0OOO to BWe
Document FJ1lud
77 TAREK ELKAFRAWI MK and TAREK EID OMAR further manipulated the
accounts of the IHOPrestaurants in order to laundermoney through false payouts and
fraudulentlyreported transactions
78 TAREK ELKAFRAWI MKand TAREK EID OMAR used a system of payouts
in the fonn of paper receipts deposited in the cash registers to reflect further unreported cash
withdrawals While these receipts were ostensibly for occasional items such as landscaping
charges extra food ingredients or supplies jn reality most payouts were not for services
rendered but weremerely cash withdrawals TAREK ELKAFRAWI MK and TAREK EID
OMAR directed managers to create payout slips to cover cash withdmwals and use the payout
slips to justify the withdrawals as business expenses to the accountants
Insurance Fraud
79 In 2008 the Findlay IHOP burned as a result of arson The fire was intentionally
started by JOSE LEON-GONZALEZ and individuals unknown to the Grand Juryat the direction
PAGE El6 5 WTOL NEWSOS232012 1144
Case 312-cr-00262-DAK Doc 1 Filed 0522112 21 of 65 PagelD 21
21
and orderofTAREK ELKAFRAWI and MK to facilitate insurance fraud schemes by TAREK
ELKAFRAWI
80 TAREK ELKAFRAWIsubmitted approximately $136million in fraudulent
insurance claims for firedamage to the restaurant The receipts submitted to the insurance
company reflected overcharges charges for work never doneworkdone at artificially inflated
prices and for fraudulent payroll claimsand lost income Additionally TAREK ELKAFRA WI
created wholly fictitious invoices and diverted thosepayments to his personal use
Rebate Fraud
81 TAREK ELKAFRAWIandMK used a varietyofadditional accounting
manipulations to affect the franchises balancesheets For example TAREKELKAFRAWI
often personally received rebate checks from food and beverage vendors reflecting the large
amountsofmoneyspent with theircompanies Thesechecksweremailed directly to TAREK
ELKAFRAWIs homes in Toledo and Evansville ratherthan delivered to the intended restaurant
The amounts were substantial Tropicanas annual rebate was approximately $12000 Cocashy
Colas annual rebate was approximately $7500 US Foods annual rebate was approximately
$80000 and Pepsis annual rebatewasapproximately S55000 From2004 to the date oftbis
indictment the total amount of rebate payments received by TAREK ELKAFRAWI exceeded
SIIOOOOO
82Before 2005TAREK ELKAFRAWI simplyused this money for personal expenses
However after 2005 TAREK ELKAFRAWIoccasionally reinvested the rebate money into the
franchises as a loan from officer
WTOL NEWS PAGE 07 5OS232012 1144 4192447104
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22
83 Under this scheme TAREK ELJltAFRAWI was essentiallyclaimingthe corporations
money for himself8Jld loaning it back to the businesswhilenot reporting the rebate money as
personal income This generated an additional unwarranted liability for the corporation receiving
the loan while TAREK ELKAFRAWI would take a personal loss on his taxesfor the unpaid
loan Thus the overall tax liability for the company and for TAREK ELKAFRAWI was
fraudulently lowered
Other Schemes to Defraud
84 Thebalance sheet was also affectedby claimingremodelingcosts as a liability instead
of an asset IHOP Corporatemandated that each restaurant be remodeled every five years Per
JHOP Corporate policy this costs a franchise approximately $70000 Under standard
accountingpractices this remodel should be considered an appreciation However TAREK
ELKAFRAWI regularly directed the accountants to claimthis expense as repair and
maintenance considered a liability
85 In September2010 ManagementServices the accountantsused by TAREK
ELKAFRAWI questioned a $40000 remodelingof the Evansville restaurant completedin 2007
TAREK ELKAFRAWI lied to the accountantsthat the $40000was a personal loan from a
businesspartner Management Services then issuedcheckstotaling $40000 to the business
partner TAREK ELKAFRAWI took these checks for his own purposes
86 TAREK ELKAFRAWI also used the restaurants to obtain loans that he would
otherwisenot beable to secure TAREK ELKAFRAWIapplied for loans using well-performing
IHOP restaurants as collateral for the loans then used those loans to pay for improvements on his
other (HOPrestaurants
WTOL NEWS PAGE 08 5OS232012 1144 4192447104
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23
87 The improperbenefitreceived arose from the fact that each restaurant is an
independent corporation Knowing that certainIHOP restaurants such as Findlay would be
unable to securea loanTAREK ELKAFRAWIwould apply for a loan using a corporation for a
healthyrestaurant likeLima Once he hadsecured that loan he wouJd use the money on the
unqualified restaurant
88 Thusthe healthy restaurant wouJd cany a loss in the form of an outstanding loan on
its books lowering its tax liabilities while the other restaurantenjoyed the use of the loan
without having to report the transferof funds as profit
89 TAREKELKAFRAWI furtherusedschemes to transfer moneyobtained from IHOP
Corporate intended to benefitone restaurant to the use of another restaurant or directly to
himself
90 Forinstance advertising and marketing revenue would be used byTAREK
ELKAFRAWIand MK in a mannersimilar to the rebate checks In 2007 TAREK
ELKAFRAWIsubmitted a fraudulent invoicereflecting the purchase of an advertising sign for
CentrallHOP for$13500when in facthe only spent $3500 on the sign He receiveda check
fromIHOPCorporate for $13500and pocketed the difference TAREK ELiltAFRAWI
thereafterreported the remaining $ J0000 as a loan ftom officer and not taxable income
9Jbull TAREK ELKAFRAWI and MK also used the CentraliHOPs advertising budget
provided by li-fOP Corporate to pay for all of the northwest Ohio ]HOPs marketing They
would inflateCentrals invoice with the Invoices for the five other restaurantsand then send that
aggregate invoice to HOP Corporate
PAGE 091 505232012 1144 4192447104 WTOL NEWS
Case 312-cr-00262-DAK Doc 1 Filed OS2212 24 of 65 PagelD 24
24
MediearelWelfarerrax Fraud
92 TAREK ELKAFRAWI MK and TAREKEID OMAR together and separately
devised schemesto personaltycollectmedical and welfarebenefits for which they did not
qualifyand sanctioned employees to do so as well
93 Using an alternate identity MK split his salary between two paychecks creating a
lower reportableincomefor each identity Usingthese dual identities MK has to date claimed
approximately $140000 in Medicaid paymentsand $35000 in food stamps and welfare benefits
from the State of Ohio
94 To further these schemesTAREK ELKAFRAWI and MK created a false property
management companythrough which MK paid rent to TAREK ELKAFRAWI in order to
show less income BothTAREK ELKAFRAWIand MK created and submitted false payroll
checks and financial documentsto support the fraudulent claims
95 TAREK ELKAFRAWI and MK also sanctionedand encouraged employees to file
fraudulent claims KHALED YOUSEF TAREK EID O~ RAMIZ AWWAD and JAMIL
MOHAMMED AWWAD were told by TAREK ELKAFRAWI and MK how to minimizetheir
payrollearnings throughthe use of multipleidentities in order to claim benefits TAREK
ELKAFRAWI toldTAREK EID OMARto eitherstart fraudulently claiming welfare or quit
having children
96 These manipulations to income revenue and payroll were reflectedin erroneousand
fraudulent tax statements to the Internal RevenueService TAREK ELKAFRAW1 directed
accountants to file his personal and corporate lax returns based on this fraudulent information in
an attempt to minimize and obscure his true incomeand tax liabilities
PAGE 10 5WTOL NEWS4192447104OS232012 1144
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Money Laundering Schemes
97 Inorder to hideandconceal thesourceof the proceedsof the wire fraud schemes
TAREK ELKAFRAWI KELLY ELKAFRAWI MK and TAREK EID OMAR engaged in real
estatetransactions
98 TAREK ELKAFRAWI loaned TAREKEID OMARand previous Evansville mop
managers YS andAA approximately S50OOO to purchase a gas station in Evansville Indiana
usingfunds derived solely from TAREK ELKAFRAWrs rnop franchises
99 To conceal the source and nature of the funds used to purchasethe gas station located
at 600North Burkhardt Road Evansville Indiana TAREK ELKAFRAWI transferred
approximately SSOOOO to TAREK EIDOMAR Y S and AAwhich theyused to purchase the
gasstation
100Using laundered assets fromthe IHOP restaurants TAREK ELKAFRAWI and
KELLY ELKAFRAWI purchased homes at l0400 Tecumseh Drive Newburgh Indiana and
J4745 Prairie Lake Drive Toledo Ohio
101 Likewise MK purchased the following properties using funds from bankaccounts
in his various names 2510 Live Oak Road Sylvania Ohio 4027 Meadowgreen DriveSylvania
Ohio 7129 Sandy Springs Road Maumee Ohio and4837 SpringbrookDriveToledo Ohio
The funds were proceeds of the fraudulent schemes
102 Finally from 2004to the date of this indictment TAREK ELKAFRAWIsent
proceeds of fraudulent IHOP transactions overseas by carrying them on his person usingbank
acccunts ownedandcontrolled byTAREKEIDOMARand others knownto the Orand Juryand
using Western Union accounts operated by TAREK EIDOMARand SM (not charged in this
41 1pound44 (1~4 WIUL N~W~
Case 312-cr-00262~DAK Doc 1 Filed 0522112 26 of 65 PagelO 26
26
indictment) Those funds have been used in part to purchase real estate and to make investments
in Egypt
All in violation of Title 18 United States Code Section I956(h)
COVNTl
(Conspiracy to HarborAliens Title 8 UsC Sections t324(a)(l)(AXiii) and I324(a)(1)(AXv)(I)
The Orand Jury furthercharges that
I03 Paragraphs 1-16and 18-I02 are re-alleged and hereby incorporated by referenceas if
fully set forth herein
104 From at least as early as January2004 the exact date to the Grand Jury unknown
through at least December31 2011 in the Northern District of Ohio Western Division and
elsewhere the DefendantsTAREK ELKAFRAWI KELLY ELKAFRAWI AU11JMN LEE
TANGAS MK JOSE LEONmiddotGONZALEZ aka Jose Leon aka Jose Vargas aka Juan Vargas
aka Edwin MartelTAREK ElD OMAR CARLOS GAMBOA KHALED YOUSEF RAMIZ
AWWAD aka Ray JAMIL MOHAMMAD AWWAD KHALIL ABOUDAKKA MAHMOUD
ALI MOHAMED HASSANDONNAJ HARRIOIT LUCKY WILLIAMS and CESAR
AVILA did knowingly and intentionally combine conspire and confederate with each other and
with others known and unknown to the Grand Jury to conceal harbor and shield from detection
one or more aliens namely FJV-PJOSE LEON-GONZALEZ aka lose Leon aka Jose Vargas
aka Juan Vargas aka Edwin Martel MT-C C V V-A S L CESAR AVILA CARLOS
GAMBOAE M A M A G F G J LNU J LNU and approximately two hundred other
aliens known to the Grand Jury In several buildings including but not limited to the Perrysburg
PAGE 12 5WTOL NEWSOS232012 1144 4192447104
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27
Findlay Lima Airport Highway Central Talmadge and Evansville JHOPs as wellas 801 Hiltop
and 4020 RoyerRoad in ToledoOhio knowingand in recklessdisregard of the fact that the
aUen(s) had cometo entered and-remained in the United States In violation of law
A) 11 waspart of the conspiracy that the managers of (HOP restaurants
would hire undocumented aliens to workat the mops after clearingthe
hires with MK or TAREKELKAFRAWI
B) It was further part ofthe conspiracy that undocumented aliens would be
paid in cashuntil theyobtained fraudulent immigration and workdocuments
C) It was funher part of the conspiracy that co-conspirators sometimes would
assist the aliensin finding lodging and in cashing checksat the mop
or bankinginstitutions
D) It was further part oCthe conspiracy that undocumented aliens often would
be paid usinga fake name Or check name
E) It was further part of the conspiracy that the undocumented aliens sometimes
would be transported to other HOP restawant locations to work
F) It was further part ofthe conspiracy that co-conspirators sometimes would
assign to the undocumented aliens the socialsecurity numbers and personal identifierS of
former employees to shield the illegalworkers from discovery
All in violation of Title 8 United States Code Sections 1324(a)(l)(A)(iii) and
1324(a)(1 )(A)(v)(I)~
PAGE 13 5WTOL NEWSOS232012 1144 4192447104
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28
WVNTS3~7
(Mail Fraud Title 18USCbull Section 1341)
The Grand Jury furthercharges that
t OS The allegatiens contained in paragraphs Imiddot16 and 18middot02 of this Indictment are reo
allegedand hereby incorporated by referenceas if fully set forth herein
106 From on or about August 192003 to the dateof this Indictment in the Northern
District or OhioWestern Division and elsewhere TAREK ELKAFRAWI AUTUMNLEE
TANGAS andMK (not charged in this Indictment) devisedand intended to devise a scheme
and artifice to defraud IHOPCorporateand to obtain money and property by meansof materially
false and fraudulent pretensesrepresentations and promises
MANNER AND MEANS
107It waspart of the scheme that TAREK ELKAFRAWI through the use of the
MICROS system knew that sales were obtainedby IHOP Corporate on 8 weeklybasis through an
automatic remote uploading ofdata TAREK ELKAFRAWI knew that IHOP Corporateused the
weeklynet sales figures to determine the weeklyroyalty and rent amount owed byeach franchise
likewisehe knewthat IHOPCorporatedid not examine the weekly deductions from grosssales
that resulted in the net sales figures
108 In fact prior to 2004 TAREK ELKAFRAWI receivedregular IHOP Corporate
reviewsof the operating expensesand balancesheets that showed the costs deducted from gross
sales reflected in net sales After AUlUMN LEETANGAS became FBC in 2004 such thorough
PAGE 14 5WTOL NEWSOS232012 1144 4192447104
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29
reviews ceased entirely TAREKELKAFRAWI thereafter devised various schemesto
manipulate the MICROS system in order to create lower-than actual weekly net sales
109Onesuch schemewas to simply tum the MICROS system otT so sales werenot
recorded
110Additionally TAREK ELKAFRAWI instructed his lHOP managers to voidsales
entirelyor to givesignificant discounts to tickets after the ticket had been paid for by thecustomer
and closed
11 J Othercosts chargedagainst grosssales includedunit promotions contests
maintenance andpayouts for whichno documentation was provided In fact these were cash
distributions toTAREK ELKAFRAWI and other employees representingunreported income
112TAREK ELKAFRAWI also woulddeposit rebatecheeks from vendors into the
CentrallHOP account however he would direct his accountants to reflect the deposit as a loan
from officer rather than as incomefrom a rebate This fraudulent representation created an
additional debt on the balance sheet of Central JHOP thus giving the appearancethat the
restaurantwas encumbered with debt and operating expenses and not profitable
1t3 Asa result of these schemes TAREK ELKAFRAWI created the appearance through
his weeklysalesfigures that the CentrallHOP store wasseverely underperforming
114 SInce 2007 TAREK ELKAFRAWI with the help of AUruMN LEETANGAS
applied for rentand royalty reliefpayments from IHOPCorporate Based on the fraudulent
weeklynet sales reports and the annual recommendation of AUlUMN LEE TANOASTAREK
ELKAFRAWIreceived approximately $2300 a week in rentas well as royaltyrelief from HOP
Corporate to which he otherwisewJ not entitled
OS232012 1144 4192447104 WTOL NEWS PAGE 15 5
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30
116 ThesereHefpayments werememorialized in annualcontractsamending the franchise
agreement for eachyear to retlect the newrelief payment agreement Thesecontracts were mailed
from mop Corporate headquarters in Glendale California to Toledo Ohio after the FBCand
RD memos were submitted and approved
117 Onor abouteach of the dates set forth below in the Northern District of Ohio
Western Division and elsewhere for the purpose of executing and attempting to execute the
abovedescribed scheme and artifice 10defraud DefendantsTAREK ELKAFRAWI and
AUTUMNLEE TANOAS knowingly caused to be placed into any post office or authorized
depository for mail matterany matteror thingto be sentand deliveredby the US Postal Service
and caused to be deposited any matterto be sent or delivered by privateand commercial interstate
carrier the following matterfrom Glendale California to Toledo Ohioeach mailing constituting
a separate count
COVNT3
~ SENDER MAJLMATIER
September 24 2007 IHOP Corporate mailing of Amended ReliefContract
COUNL4
June5 2008 IHOPCorporate mailing ofAmended ReliefContract
COUNTS
August 172009 lHOP Corporate mailing of Amended Relief Contract
CQUNT6
May 25 20)0 IHOP Corporate mailing of Amended Relief Contract
OS232012 1149 4192447104 WTOL NEWS PAGE 0115
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31
COuNT 7
May 162011 IHOPCorporate mailing of Amended Relief Contract
All in violation ofTitle l8 United States Code Section 1341
COUNTS
(Health Care FraudTitle 18 USC Sections 1347and 2)
The Grand Jury further charges that
118The allegations contained in 1-16and 18-102of this Indictment are re-allegedand
herebyincorporated byreferenceas if fullyset forth herein
119Using the methodsdescribed in Paragraphs 60-78 TAREK ELKAFRAWr and
others known to the Orand Jury submitted fraudulent reports to BWe resulting in BWe
undercbarging the Airport Highway IHOP
120 From on or about June 4 2004 to the date of this Indictment in the NorthernDistrict
of Ohio Western Division and elsewhere TAREK ELKAFRAWI and others known to the
Orand Jury having devised and intendingto devise B scheme and artifice to defraud the Ohio
Bureauof Workers Compensation (BWe) a healthcare benefit program as defined in Title 18
United States CodeSection24(b) of money by means ofmateriaJly false representations and
promises that was and is in connectionwith the paymentfor health care benefits items IUId
services did knowingly and willfully execute the aforesaid scheme
In violation of Title 18 UnitedStates Code Sections 1347and 2
PAGE 0215WTOL NEWSOS232012 1149 4192447104
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32
COLlNT9
(Health Care FraudTitle 18 USC Sections 1347and 2)
The Orand Jury further charges that
121 The allegations contained in paragraphs )-16 and 18102 of this Indictmentare reo
alleged and herebyincorporatedby reference as if fully set forth herein
122 Using the methodsdescribed in Paragraphs60-78 TAREK ELKAFRAWI and
others known to the Orand Jury submitted fraudulent reports to Bureau of Workers Compensation
(BWC)resulting in BWe undercharging theTalmadge IHOP
123 From on or about June 4 2004 to the date of this Indictment in the Northem District
ofOhio Western Divisionand elsewhere TAREK ELKAFRAWI and others known to the
Grand Jury having devised and intendingto devisea scheme and artifice to defraud the Ohio
awe a health carebenefit program as defined in Title )8 t United States CodeSection 24(b) of
moneyby means of materially false representations and promises that was and is in connection
with the paymentfor health care benefits hems and services did knowinglyand willfullyexecute
theaforesaid scheme
In violation of Title 18 UnitedStatesCode Sections 1347 and 2
CQUNTlll
(Health Care FraudTitle 18USC Sections 1347and 2)
The Orand Jury further charges that
124 Theallegations contained in paragraphs 1-16 and 18-102 of this Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
PAGE 0315WTOL NEWSOS232012 1149 4192447HI4
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33
125 Using themethods described in Paragraphs 60-78 TAREK ELKAFRAWI and
others known to the OrandJury submitted fraudulent reports to BWC resulting in BWC
undercharging the Lima IHOP
126 From on or about August 31 2007 through the date of this Indictment in the
Northern District of Ohio Western Divisionand elsewhereTAREK BLKAFRAWIand others
known to the GrandJury havingdevisedand intendingto devise a scheme and artifice to defraud
the Ohio Bureau of Workers Compensation (BWe) a health care benefit program as defined in
Title 18 United StatesCode Section24(b) of money by means of materially false
representations and promises that wasand is in connection with the payment for health care
benefits items and services did knowingly and willfullyexecute the aforesaid scheme
In violationof Title 18UnitedStates Code Sections 1347and 2
COUNT 11
(Health Care Fraud Title 18 USC Sections 1347and 2)
The Grand Jury furtherchargesthat
127The allegations contained in paragraphs 1-16and 18-102of this Indictment are reshy
allegedand herebyincorporated by reference as if fully set forth herein
128 Using the methods described in Paragraphs60-78 TAREK ELKAFRAWI and
others known to the OrandJury submitted fraudulent reports to Bwe resulting in awe
undercharging the Findlay IHOP
129 From on or aboutMay 102004 through the date of this Indictment in the Northern
Districtof Ohio Western Division and elsewhere TAREK ELKAFRAWI and others knownto
theGrand Jury havingdevised and intending to devise a scheme and artifice to defraud the Ohio
Bureau of WorkersCompensation (BWe) a health care benefit program as defined in Title 18
4) lL44Hl4 WIUL NIW~
Case 312-cr-00262-DAK Doc 1 Filed 052212 34 of 65 PagelD 34
34
United StatesCode Section 24(b) of moneyby meansof materially false representations and
promises that wasand is in connection with the payment for healthcare benefits items and
services did knowingly and willfully execute the aforesaidscheme
In violation of Title 18 United States Code Sections 1347and 2
CoUNT12
(Health Care Fraud Title 18USC Sections 1347and 2)
The Orand Jut)I further charges that
130 The allegations contained in paragraphs Imiddot] 6 and 18-]02 of this Indictmentare reshy
alleged and hereby incorporated by reference as iffulJy set forth herein
13 l Usingthe methods described in Paragraphs 60-78 TAREK ELKAFRAWI and
others knownto the Orand Jury submitted fraudulent reports to BWe resulting in awe
undercharging the Central IHOP
132 From onor about February 28 2005 through the date of this Indictment in the
Northern Districtof Ohio Westem Division and elsewhere TAREKELKAFRAWI and others
known to the Grand Juryhavingdevisedand intending to devisea scheme and artifice to defraud
the Ohio Bureau of Workers Compensation (BWC) a health care benefitprogram as defined in
Title 18 United States CodeSection24(b) of money by means ofmaterially false
representations and promises that was and Is in connection with the paymentfor health care
benefits items and services did knowingly and willfully executethe aforesaid scheme
In vioJation of Title 18 United States Code Sections 1347and 2
41 I~4411~4 WIUL N~W~
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3S
COUNT 13
(HealthCare Fraud Title 18 USC Sections 1347 and 2)
The Grand Jury furtherchargesthat
133The allegationscontained in paragraphs 1middot16 and 18middot102 of this Indictment are reshy
alleged and herebyincorporated by reference 8$ if fullyset forth herein
134 Using the methodsdescribed in Paragraphs 6Q78 TAREK ELKAFRAWI and
others known to the GrandJury submitted fraudulent reports to awc resulting in awe
undercharging the Perrysburg JHOP
135 From on or about August 30 2005 through the date ofthis Indictment in the
Northern District of Ohio Western Division and elsewhere TAREK ELKAFRAWI and others
known to the GrandJury having devised and intending to devise a scheme and artifice to defraud
the Ohio Bureauof WorkersCompensation(BWC) a health care benefit program as defined in
Title 18 United States Code Section 24(b) of money by means of materially false
representations and promises that was and is in cenneetlon with the payment for health care
benefits items and services did knowinglyand willfullyexecute the aforesaid scheme
In violationofTitle 18United StatesCode Sections 1347 and 2
COUNTS 14-17
(Mail Fraud Title 18 USC Section J341)
The Grand Jury furthercharges that
136 The allegations containedin paragraphs 1-16 and 18middot102 of this Indictmentare reshy
alleged and hereby incorporatedby referenceas if fully set forth herein
131 Fromon or about January 30 20ll through on or about April 10201 I in the
Northern District of Ohio Western Division and elsewhere Defendants TAREK ELKAFRAWI
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36
and TAREK EIDOMARdevised and intended to devisea scheme and artifice to deframiddotud and to
obtain moneyfrom THOP Corporate by meansof materially false and fraudulent pretenses
representations and promises
MANNER AND MEANS
(t was part of the schemeand artifice that
]38 Using the methods described in Paragraphs 46-54 and 71-78 TAREK ELKAFRAWI
and TAREK EIDOMARmanipulated the SABLE Pointof Sale system to fraudulently report
debits and charges in order to hide the removal of cashdirectly from the Evansville IHOP
TAREK EID OMARat the direction of TAREKELKAFRAWI would then producea fraudulent
PampL report and mail it using the United States PostalService to provide that report to
Management Services in Wichita Falls Texas
139 Onor about each ofthe dates set forth below in the Northern District of Ohio
Western Division andelsewhere for the purpose ofexecutingand attempting to executethe
above described scheme and artifice to defraudTAREK ELKAFRAWI and TAREK EID OMAR
knowingly caused to be placed into any post office or authorized depository for mail matterany
matteror thingto besent and delivered by the US Postal Services and caused to be deposited any
matter to be sent or delivered by privateand commercial interstatecarrier the following matter
from Toledo Ohioand Evansville Indianato WichitaFallsTexas each mailingconstituting a
separate count
COUNT 14
Mm SENDER MAIL MAUER
January 302011 TAREK EID OMAR PampL report
OS232012 1149 419~447104 WTOL NEWS PAGE 0715
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37
COUNT 15
February14 2011 TAREK BID OMAR PampL report
COUNT 16
March 28 20II TAREKEID OMAR PampL report
COUNT 17
April 102011 TAREK EJD OMAR PampL report
All in violation ofTitle 18UnitedStates Code Sections 341 and 2
COUNT 18
(Use of Fire to Commit a Felony Title 18 USC Sections 844(h) and 2)
TheGrand Jury further charges that
140The allegations contained in paragraphs 1-16 and 18-102 ofthis Indictmentarc reshy
alleged and hereby incorporatedby reference as if fully set forth herein
141On or about August 10 and II 2008 [n the Northern Districtof Ohio Westem
DivisionTAREK ELKAFRAWI and JOSE LEON-GONZALEZ knowingly used fire to commit
Mail Fraud a felony prosecutable in a court of the United States
In violation ofTitle 18 United States Code Sections 844(h) and 2
COUNTl2
(Malicious Use of Fire Title 18 USC Sections 844(i) and 2)
The Grand Jury further charges that
142 The allegations contained in paragraphs 1-16and 18-102 ofthls Indictmentare reo
alleged and hereby incorporated by reference as if fully set forth herein
WTOL NEWS PAGE 0815OS232012 1149 4192447104
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38
143 On or about August 10and II 2008 in the Northern District of Ohio Western
Division TAREK ELKAFRAWIand JOSE LEON-GONZALEZ maliciously damaged bymeans
of fire and explosivematerialsa buildinglocated at 7777 Countymiddot Road 136 Findlay Ohio used
in interstatecommerce
In violation of Title 18 UnitedStates Code Sections 844(i) and 2
coUNtS 0-28
(Mail FraudTitle] 8 USCSection 1341)
The Grand Jury furthercharges that
144 The allegations containedin paragraphs 1-16and I8-102 of this lndictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
145 Fromapproximately the month of July 2008 the exact date unknownto the Grand
Jury through On or about October 27 2009 in the Northern District of Ohio Western Division
and elsewhereTAREK ELKAFRAWI devisedand intended to devise 8 scheme and artifice to
defraudFarmers InsW1J1ce Group and to obtain moneyand property by meansof false and
fraudulent pretenses representations and promises
146 It was part of the schemeand artificeto defraud that TAREK ELKAFRAWI would
submit traudulent invoices to FarmersInsuranceGroup under PolicyNumber 602926772 for
work that was not performed or performed at a lower invoice
147It was a furtherpart of the scheme and artifice that TAREK ELKAFRAWI submitted
claims forpayroll costs that were completely illusorybecause the requested claimswere for
periods the restaurant was closed and had no employees
~~~J2012 1149 4192447104
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39
148 It was a furtherpart of the sc erne and artifice that all checks were sent directly to
TAREKELKAFRAWI at the Terry Elk G~OUP not the Findlay lHOP
149On or about each of the dates bet forth below in the Northern District of Ohio
Western Division and elsewhere for the Jurpose of executing and attempting to execute the
above described scheme and artifice to delud TAREK ELKAFRAWI knowinglycaused to be
placed into any post office or authorized dlpository for mail matterany matter or thing to be sentI
and dellvered by the US Postal Service Jd caused to be deposited any matter to be sent or
delivered by private and commercial inters~te carrier the following matter from the state of
Illinois to Toledo Ohio each mailingcon~itUting a separate count
October 17 2008
October22 2008
January 262009
October21 2009
September22 2008
January 26 2009
SENDER
Fanners Insurance
Farmers Insurance
Farmers Insurance
Farmers Insurance
FarmersInsurance
Farmers Inswance
CO 20
M61LMAmR
$S5947S 1check to Terry Elk Group
21
I $45581367 check to Terry Elk Group
~ I $24444302 check to Terry Elk Group
~ I $2262384 check to Terry Elk Group
bOUNTM
I $2500000 check to Terry Elk Croup
~ $15684795 check to Terry Elk Group
PAGE 1015WTOL NEWS05232012 1149 4192447104
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40
COUNT 26
October ~ I 2009 Farmers Insurance $4285205 check to Terry Elk Group
COUNT 27
February 172009 Farmers Insurance $20867200check to Terry Elk Group
COUNT 21
October 27 2009 FarmersInsurance $15226400 check to Terry Elk Group
All in violationofTitle 18 United States Code Section 1341
COUNT 29
(Aggravated IdentityTheft Title 18 USC Section 1028A and 2)
The OrandJury furthercharges that
ISO The allegations contained in paragraphs 1-16and 18~102 of this Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
J51 Onorabout October9 2007 in the Northem District of9hlo Western Division
TAREK ELKAFRAWI did knowinglyuse without lawftllauthority a means of identification of
another personduring and in relation to the commission ofWire Fraud a violation ofride 18
United States Code Section 1343
In violation of Title 18 United States Code Sections I028A(a)(1) and 2
CQVNT30
(Aggravated Identity Theft T~tle is USC Section l028A and 2)
The Grand Jury further charges that
152 The allegations eontained in paragraphs 1-16 and 18-102 of this Indictment are reshy
alleged and hereby incorporated by reference as if fully set forth herein
05232012 1149 4192447104 WTOL NEWS PAGE 111 5
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41
153 On or about May 192008 in the Northern District of Ohio Western Division
TAREK ELKAFRAWIdid knowingly use without lawfulauthoritya means of identification of
another personduringand in relation to the commission of Wire Fraud a violation ofTitle 1g
United StatesCodeSection I~43
In violation of TitJe J8 UnitedStates Code Sections 1028A(a)(I) and 2
COUNT31
(Aggravated IdentityTheftTitle 18USC Section J028A and 2)
The Orand Jury furthercharges that
154 The allegations contained in paragraphs 1-l6- and 18middot102 of this Indictment are reshy
alleged and herebyincorporated by reference as if fully set forth herein
155 On or aboutJuly 132Q09 in the Northern District of Ohio Western Division
TAREK ELKAFRAWIj did knowingly use without lawfuJ authority a means of identification of
another personduring and in relation to the commission of Wire Fraud a violation of Title 18
United StatesCodeSection 1343
In violationofTitle 18 United States Code Sections 1028A(aXl) and 2
COlNT32
(Aggravated IdentityTheft Title 18USC Sectlon J028A and 2)
The Grand Jury furthercharges that
J56 Theallegations contained in paragraphs1-16and 184 J02 of this Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
157On or about May3l 2009 in theNorthern Districtof Ohio Western Division
TAREK ELKAFRAWI did knOWingly use without lawful authoritya means of identification of
OS232012 1149 4192447104 WTOL NEWS
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42
another person during and in relation to the commission of Wire Fraud a violation of Title 18
United States Code Section 1343
In violation ofTitle 18 United States Code Sections 1028A(a)(I) and 2
COUNT 33
(Aggravated Identity Theft Title 18 UsC Section l028A and 2)
The GrandJury further charges that
138 The allegationscontainedin paragraphs 1-16 and 18-]02 of this Indictment are reshy
alleged and herebyincorporated by reference as if fullyset forth herein
159 On or about October 22008 in the Northern District of Ohio Westem Division
TAREK ELKAFRAWI did knowingly use without lawfulauthority a means of identification of
another personduring and in relation to the commission of Wire Fraud a violationof Title 18
United States Code Section 1343
In violationof TItle ]8 United States Code Sections 1028A(a)(I) and 2
CQVNT34 (Aggravated IdentityTheft Title 18 USC Section 1028A and 2)
The Grand Jury furtherchargesthat
160 The allegationscontained in paragraphs 1-16and 18-102ofthis Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
16t Onor about January27 2008 in the Northern District of Ohio WesternDivision
TAREK ELKAFRAWI did knowinglyuse without lawfulauthority a means of identification of
anotherpersonduringand in relation to the commissionofWire Fraud a violation ofTitJe 18
United States Code Section 1343
In violation of Title 18United States Code Sections l028A(a)(1) and 2
I I
WTOL NEWS PAGE 13115OS232012 1149 4192447104 I
Case 312-cr-00262-DAK Doc 1 Filed 052212 43 of 65 PagelD 43
43
COUNT 35 (AggravatedIdentityTheft Title 18USC Section 1028A and 2)
The Grand Jury further charges that
162The allegations contained in paragraphs I-16 and 18-102 of this Indictment are reshy
alleged and herebyincorporated by reference as jf fully set forth herein
163On or about March 72009 in the NorthernDistrict of Ohio Western Division
TAREK ELKAFRAWI and KHALED YOUSEF did knowinglyuse without lawful authority a
means of identification of another personduringand in relation to the commission of Wire Fraud
a violation of Title 18 United States Code Section 1343
In violationof Title 18 United States Code Sections 1028A(a)(1)and 2
COUNT 36
(Aggravated IdentityTheft Title 18 USC Section 1028Aand 2)
The GrandJury further charges that
164 The allegations contained in paragraphs 1-16 and 18-102 of this Indictmentare reshy
allegedand hereby incorporated byreferenceas if fully set forth herein
16S On or about March tS 2009 in the Northern District of Ohio Western Division
TAREK ELKAFRAWI and KHALED YOUSEF did knowinglyuse without lawful authority a
means of identification of another person duringand in relation to the commission of WireFraud
a violation of Title 18United States Code Section 1343
In violation ofTitle 18United States Code Sections l028A(a)(1) and 2
~~~~2012 1149 4192447104 wloe NEWS
Case 312-cr-00262-0AK Doc 1 Filed 052212 44 of 65 PagelD 44
44
COUNT 37
(Aggravated Identity The~ Title 18 USC Section l028A and 2)
The GrandJury further charges that
166 Theallegations contained in paragraphs 1-16 and 18-] 02 of this Indictment are reshy
alleged and hereby incorporated byreference as if fully set forth herein
167 On or aboutJuly 21 2009 in the Northern District of Ohio Western Division
TAREK ELKAfRAWI and RAMIZAWWAO did knowingly use without lawful authority a
means of identification of anotherperson duringand in relation to the commission of WireFraud
a violation of Title 18United States Code Section 1343
In violation ofTitle 18 UnitedStates Code Sections l028A(a)(1) and 2
cOUNT38
(Aggravated Identity TheftTitle 18 USC Section 1028A and 2)
The Grand Juryfurthercharges that
168Theallegations contained in paragraphs 1-16 and t8-102 of this Indictment are reshy
alleged and hereby incorporated by reference 8S if fully set forth herein
169 On or about July 132009 in the NorthernDistrict ofOhio WesternDivision
TAREK ELKAFRAWIand IAMIL MOHAMMED AWWAD did knowingly use withoutlawful
authority a meansof identification of another person during and in relation to the commission of
Wire Fraud a violation ofTitle 18 United States Code Section 1343
In violation of Title 18 United States CodeSections l028A(a)(1) and 2
11 4l 41 l~44 IUl4 WIUL NIWl
Case 312-cr-00262-DAK Doc 1 Filed 0522112 45 of 65 PagelD 45
45
COUNT 39
(Identity Theftt Title 18 USC Sections 1028 and 2)
The Grand Jury further charges that
170 The allegationscontained in paragraphs 1-16 and 18-102 of this Indictment are reshy
alleged and hereby incorporated by reference as if fully set forth herein
171 On or about December132010 in the Northern District orOhio Western Division
TAREKELKAFRAWI and DONNA J HARRIOTTt did knowingly use in or affectinginterstate
or foreigncommerce without lawful authority a means of identification ofanother person to wit
s social securitynumber and date of birth with the intent to commit or to aid or abet or in
connectionwith any unlawful activitythat constitutes Wire Fraud 8 violation of 18USC
sect1343 and the offense involved the useof an authentication feature that is or appears to be an
identification document or authentication feature issued by Or under the authority of the United
States
All in violation ofTitle 1St United States Code Sections 1028(a)() (b)(l )(A)(l) and (f)
and 2
COUNI40
(Identity Theft Title 18USCbull Sections 1028and 2)
TheGrand Juryfurther chargesthat
172The allegationscontained in paragraphs 1-16 and J8middot102 of this Indictment are reo
allegedand hereby incorporated by referenceas if fully set forth herein
173On or about May42010 in the Northern District ofOhio Western Division
TAREK ELKAFRAWI and SARA RINEBOLT did knowingly use in or affecting interstate or
Case 312-crmiddot00262-DAK Doc 1 Filed 0522112 13 of 65 PagelO 13
13
intended by mop Corporate to be a temporary short-term paymentused in extraordinary
circumstances through the attestations andsupport of AUTUMN LEETANGAS theCentral
IHOP received credits for overfive years Asa resultTAREKELKAFRAWIpersonally
realizedover$500000 in revenue that otherwise would have been retained by mop Corporate
44 Additionally the annual reports supporting on-goingrellefpayments enabled TAREK
ELKAFRAWI and MK to justify declining sales which in actuality were a direct result of
Point of Sale system manipulations and otherfrauds rather than a marketcondition affecting the
franchise
45 Protected from IHOPCorporate scrutiny TAREKELKAFRAWI MK and KM
directedand controlled several ongoingwirefraud schemes involving the finances of their IHOP
franchises These wire fraudschemes faU intothe following categories Point of Salesystem
manipulations of the grossand net sales and fraudulent reporting of assets and liabilities to skew
the performance of certain restaurants thereby qualifying them for IHOPCorporate benefits
false reporting to ewe and payroll manipulations to enable improperhealthand welfare
benefits
Point of Sales MauipulatloD
46 In addition to the aboveschemes from approximately 2004 to the dateof this
indictment TAREK ELKAFRAWI MK and TAREK EID OMARpersonally directed
managers to manipulate the Pointof Sale systems in order to remove cash from the stores 8S
unreported income
47 TAREK ELKAFRAWI and MK directed the Point of Sales system remotely
through the use of software that gave them full access and controlof the Pointof Salessystem
SM3N lOLM
Case 312-cr-00262-DAK Doc 1 Filed 0522112 14 of 65 PagelD 14 )4
from their homes Since approximately 2010-20]) TAREK ELKAFRAWI and MK have used
softwarecalled Team Viewer This software was installed on the home computers ofTAREK
ELKAFRAWI and MK in 2010 and 2011 respectively shortlyafter the latestMICROS system
was installed on all [HOP computers
48 One of the schemes to defraud was to manually reset the internal clock and calendar
of the MICROSsystem For instance on a Monda) the MICROS system would be set two days
ahead this would essentially pausethe system from downloading and compilingthe sales
figWes Thus although on that Wednesday the MICROS system would recognize the sales
recorded for Monday Tuesday and Wednesday and create aggregate statistics for those three
days the fact that the system was paused for thosedays allowed managers to manipulateor
under-report all of the cash transactions because cash transactionswere recognized as open
tickets for those threedays
49 The benefit of having an openticket was significant As long as a ticket was
open a sale was not considered complete that ticket could then be manipulated or even
deleted completely Thus when the MICROS system clocks werereset any open tickets or
cash transactions could be voided in MICROS and the easb receivednot recorded
50 In addition to manipulatingthe intemalsettings of MICROS MK and TAREK
ELKAFRAWI deviseda scheme whereby the MICROSsystem would simply be turnedoff
either by MK or a manager and product sales rung up manually
5 t Like the clock-settingscheme when MICROS was off-line tickets became
unreportable so cash transactions were not recorded by the system and moniescould be received
and deposited without lUI) paper trail Such transactions were not taxed and the sales were not
SM3N lOlM
middot
Case 31Z-cr-OQ262-DAK Doc 1 Filed 052212 15 of 65 PagelD lS
]5
recorded at the IHOP Corporate level so money that would otherwise have triggered the payment
of taxes or franchise feeswas kept by TAREK ELKAFRAWI as unreported income
52 TAREK ELKAFRAWI MKand TAREK EID OMARalso manipulated the
reporting of sales through the use of coupons When a customer paid in cash the store manager
was directed to use a store coupon to reduce the ticket or void the sale completely Therefore the
difference betweenthe reduction or void was not reflected in the final sale total and could be
taken by management as unreported income Accordingly TAREKELKAFRAwr MK and
TAREK EID OMARdirected their managers to use cash sales transactions to realize unreported
incomebull
53 ~AREK ELKAFRAWIand TAREK BIDOMAR manipulated the SABLE systemin
the Evansvillerestaurantmuch morebrazenlythan in theToledo-arearestaurants because of
certain exploitablecharacteristics of the SABLEsystem
54 Manipulations also affected employees salaries Starting in 2004 and continuing
through the present TAREK ELJltAFRAWI MK and TAREK ErO OMARdirected managers
to automatically deduct30 minutes fromalmost every employees time card daily in the Pointof
Sale systemsusing the BmiddotSO1 programs ability to edit entries
Manipulatiag Profit and Loss Statemenl$
55 The goal of these schemeswas to divert money from the restaurants actual gross
income into the personal accounts ofTAREK ELKAFRAWI and MK as unreported and
untaxed income As part of the schemeto laundermoney and evade federal state and local
taxes TAREK ELKAFRAWIMKbull KMand TAREK EID OMAR also directedaccountants
=iMlN nlM
PAGE 0115OS232012 1144 4192447104 WTOL NEWS I
Case 312-cr-00262-DAK Doc 1 Filed 052212 16 of 65 PagelD 16 I bull bull
16
and bookkeepers to manipulatethe profit and loss statements (hereinafterPampLs) and balance
sheets for their various corporations
56 A PampL is a physical or electronic documentdetalHng how a corporations gross
income is transformed into the net income It displays the reported gross income for a specific
period oftime and the costs and expenses charged against this income The purpose is to show
interestedpartieswhetherthe corporation lost Or made money The accountants created the PampL
statements using data providedby TAREK ELKAFRAWI and MK and relied on those PampLs to
filecorporate taxes
57 That data wasculled from various sources MK helped create the PampLspreadsheets
by providing the documents to the managersand then received the completed weekly
spreadsheets via email Upon receiving the PampL spreadsheets the restaurant managers added in
reported total sales laborcosts for the staff invoicesfor food and supplies food discountsand
manager voids However the managers salaries end the restaurants rent expenses were entered
in the spreadsheet by MK and could not be altered by other employees Included in the
spreadsheetportioncreated by MK were some budgetary lines containing debits for categories
that simply did not exist as businessexpenses Thenumbers provided by MK were inflated
For example the LimaIHOP PampLlisted a gross total ofapproximately$ ]500 per week for
managers salaries However the number that MK entered into the PampL for managers salary
was $2100 per week Likewise the amount paid in rent was consistently inflated in excessof
actual rent payments for the tHOP restaurants The spreadsheets were then submitted to the
accountantswho created the PampL TAREK ELKAFRAWI reviewed the final PampL and made
revisions to further hide his efforts to divert profits
41l44flI14 WIUL NcW~
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17
58 Byknowingly entering inaccurate infonnation into the PampLs TAREK ELKAFRAWI
MK KM and the store managersactingat their direction in effect manipulated the tax
burden levied on their corporation byfederal state and local governments
59 Furthermore as II result of the PampLmanipulation the net profits Were artificially
deflated to minimize the amount of royalties and rent paid to IHOP Corporate
Defrauding Worken Compensation
60 Beginning in approximately2003 TAREK ELKAFRAWI MK and KM set up
various schemes to defraud BWC and lowerthe amount they had to pay into the Workers
Compensation system BWCpayments helpcover the cost of injuries to employees whoare hurt
on the job and functions as a ferm of insurance for a company The percentageof wagespaid by
the employerare relatedto the type of business a companydoes the number of employees the
number of claims in prior reporting periodsand other factors to arrive at a semi-annual figure
owed by a company
61 From 2004 to the present TAREK ELKAFRAWIand MK manipulated some of the
factors used by awe to determine an employers premiumsfor its employees For instance
since managers premiumsare calculated at a higher rate because their salaries are greaterthan
other employees TAREKELKAFRAWI MK and KM devised a scheme to lower manager
reporting to zero(0) likewise a cooks premium would be calculated at a higher rate because
they work in moredangerous situations thanwaitresses TAREK ELKAFRAWI MK and
KM developedwaysto manipulate the reporting ofemployees average weekly salaries Also
although overtime and tips are calculated by BWCTAREK ELKAFRAWI MK and KM
WIUL NtW~41 j~441~4~o~~pound~l~ 1144
Case 312-cr-OD262middotDAK Doc 1 Filed 052212 18 of 65 PagelD 18
18
deviseda schemeto avoid includingthose two factors in the final equation to fraudulently
understate premiums owed to awe
62 During2004 MK and KM submitted the semi-annual reports in person at the
Toledo office ofBWC The paymentswere made via check which triggered an electronic funds
transfer from IHOP bank accounts to BWe accounts In 2005 awc switched to an electronic
filing system
63 MK directedKM to use the averageof the lowest weekly payroll to calculatethe
semi-annual wage figure despite the fact that Bwe regulations required an average ofall weekly
wage figures for the reporting period By submitting only an average of the lowest weeks
TAREK ELKAFRAWI MK and KM deflatedthe wage figure
64 To further depress the numbers MK told KM to omit the salaries ofmanagers and
tips and then deductmore from the total Generally this manipulationdecreased the final wage
figure by an additional twenty percent(20)
6 From 2004 to the date of this indictment TAREK ELKAFRAWI was made awareof
the paymentfigure regardless of who filed the form and directed each paymentto be lower than
the previousone
66 DespiteTAREK ELKAFRAWls seeminglyarbitrarY calculus this reportingfigure
could be audited by awe The department required all businesses to file a Form 941 which
listed employees wages and taxes paid every90 days for the purpose ofpaying federal taxes
67 The Fonn 941 was created for BWC using Profit and Loss sheets MICROS and
payrollrecordsand was generally consistentwith those documents
WTOL NEWS PAGE 0415OS232012 1144 4192447104
Case 312-cr-00262-DAK Doc 1 Filed 052212 19 of 65 PagelD 19
19
68 During an audit BWe could request the Form 941 and compare those numbers with
the numbers provided to awe
69 Between 2004 and 2009 KM received noticesof Bwes intention to audit various
Toledo IHOP locations Each timea notice was receivedKM TAREK ELKAFRAWI and
MK simplyignored it Threeof the auditswere never perfonned by BWC
70 BWe did audit the Findlay IHOP in 2007 fora two-year period Originally it was
determined that the restaurant owed over $55)000 in unpaidawe premiumsfor that timeperiod
71 In orderto avoid paying these premiums KM amendedtherestaurant)s worksheet
deletingmanagersnames from the list of employees and fraudulently listing the managers 8S
officersof the corporation that owned Findlayand therefore we~ exempt from payingworkers
compensation premiums However the Articles of Incorporation were not changed to list these
managers as corporate officers
72 Bymaking this change at the direction ofTAREK ELKAfiRAWI KM reportedly
reduced the amount of premiums owed awe to approximately i35000 When AunrMN LEE
TANGAS learned of thisscheme rather than reporting it to IHOP Corporate either the crime or
the addition of newofficersas required by corporate policy she told KM Youjust saved
TAREKs a-
73 In 2007 in response to the auditTAREKELKAFRAWI MK and KMcreated the
Terry Elk Group all managers weretransferred to that company and put on its payroll The
Terry Elk Group was created byKM at thedirection ofTAREK ELKAFRAWIto further
minimize payments to awe
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20
74 Although each of the seven identifiedmop restaurants transferred money to the
Terry Elk Groupto pay salaries for managers the Terry Elk Group never paid awe taxes
75 TAREK ELKAFRAWIand MK were officers of the Terry Elk Group and TAREK
ELKAFRAWland AUTUMN LEETANGAS both told KM that this was a great solution to
avoid payingBWC
76 The falsification of recordsand thecreation of the Terry Elk Group resulted in an
underpaymentofapproximately S2S0OOO to BWe
Document FJ1lud
77 TAREK ELKAFRAWI MK and TAREK EID OMAR further manipulated the
accounts of the IHOPrestaurants in order to laundermoney through false payouts and
fraudulentlyreported transactions
78 TAREK ELKAFRAWI MKand TAREK EID OMAR used a system of payouts
in the fonn of paper receipts deposited in the cash registers to reflect further unreported cash
withdrawals While these receipts were ostensibly for occasional items such as landscaping
charges extra food ingredients or supplies jn reality most payouts were not for services
rendered but weremerely cash withdrawals TAREK ELKAFRAWI MK and TAREK EID
OMAR directed managers to create payout slips to cover cash withdmwals and use the payout
slips to justify the withdrawals as business expenses to the accountants
Insurance Fraud
79 In 2008 the Findlay IHOP burned as a result of arson The fire was intentionally
started by JOSE LEON-GONZALEZ and individuals unknown to the Grand Juryat the direction
PAGE El6 5 WTOL NEWSOS232012 1144
Case 312-cr-00262-DAK Doc 1 Filed 0522112 21 of 65 PagelD 21
21
and orderofTAREK ELKAFRAWI and MK to facilitate insurance fraud schemes by TAREK
ELKAFRAWI
80 TAREK ELKAFRAWIsubmitted approximately $136million in fraudulent
insurance claims for firedamage to the restaurant The receipts submitted to the insurance
company reflected overcharges charges for work never doneworkdone at artificially inflated
prices and for fraudulent payroll claimsand lost income Additionally TAREK ELKAFRA WI
created wholly fictitious invoices and diverted thosepayments to his personal use
Rebate Fraud
81 TAREK ELKAFRAWIandMK used a varietyofadditional accounting
manipulations to affect the franchises balancesheets For example TAREKELKAFRAWI
often personally received rebate checks from food and beverage vendors reflecting the large
amountsofmoneyspent with theircompanies Thesechecksweremailed directly to TAREK
ELKAFRAWIs homes in Toledo and Evansville ratherthan delivered to the intended restaurant
The amounts were substantial Tropicanas annual rebate was approximately $12000 Cocashy
Colas annual rebate was approximately $7500 US Foods annual rebate was approximately
$80000 and Pepsis annual rebatewasapproximately S55000 From2004 to the date oftbis
indictment the total amount of rebate payments received by TAREK ELKAFRAWI exceeded
SIIOOOOO
82Before 2005TAREK ELKAFRAWI simplyused this money for personal expenses
However after 2005 TAREK ELKAFRAWIoccasionally reinvested the rebate money into the
franchises as a loan from officer
WTOL NEWS PAGE 07 5OS232012 1144 4192447104
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22
83 Under this scheme TAREK ELJltAFRAWI was essentiallyclaimingthe corporations
money for himself8Jld loaning it back to the businesswhilenot reporting the rebate money as
personal income This generated an additional unwarranted liability for the corporation receiving
the loan while TAREK ELKAFRAWI would take a personal loss on his taxesfor the unpaid
loan Thus the overall tax liability for the company and for TAREK ELKAFRAWI was
fraudulently lowered
Other Schemes to Defraud
84 Thebalance sheet was also affectedby claimingremodelingcosts as a liability instead
of an asset IHOP Corporatemandated that each restaurant be remodeled every five years Per
JHOP Corporate policy this costs a franchise approximately $70000 Under standard
accountingpractices this remodel should be considered an appreciation However TAREK
ELKAFRAWI regularly directed the accountants to claimthis expense as repair and
maintenance considered a liability
85 In September2010 ManagementServices the accountantsused by TAREK
ELKAFRAWI questioned a $40000 remodelingof the Evansville restaurant completedin 2007
TAREK ELKAFRAWI lied to the accountantsthat the $40000was a personal loan from a
businesspartner Management Services then issuedcheckstotaling $40000 to the business
partner TAREK ELKAFRAWI took these checks for his own purposes
86 TAREK ELKAFRAWI also used the restaurants to obtain loans that he would
otherwisenot beable to secure TAREK ELKAFRAWIapplied for loans using well-performing
IHOP restaurants as collateral for the loans then used those loans to pay for improvements on his
other (HOPrestaurants
WTOL NEWS PAGE 08 5OS232012 1144 4192447104
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23
87 The improperbenefitreceived arose from the fact that each restaurant is an
independent corporation Knowing that certainIHOP restaurants such as Findlay would be
unable to securea loanTAREK ELKAFRAWIwould apply for a loan using a corporation for a
healthyrestaurant likeLima Once he hadsecured that loan he wouJd use the money on the
unqualified restaurant
88 Thusthe healthy restaurant wouJd cany a loss in the form of an outstanding loan on
its books lowering its tax liabilities while the other restaurantenjoyed the use of the loan
without having to report the transferof funds as profit
89 TAREKELKAFRAWI furtherusedschemes to transfer moneyobtained from IHOP
Corporate intended to benefitone restaurant to the use of another restaurant or directly to
himself
90 Forinstance advertising and marketing revenue would be used byTAREK
ELKAFRAWIand MK in a mannersimilar to the rebate checks In 2007 TAREK
ELKAFRAWIsubmitted a fraudulent invoicereflecting the purchase of an advertising sign for
CentrallHOP for$13500when in facthe only spent $3500 on the sign He receiveda check
fromIHOPCorporate for $13500and pocketed the difference TAREK ELiltAFRAWI
thereafterreported the remaining $ J0000 as a loan ftom officer and not taxable income
9Jbull TAREK ELKAFRAWI and MK also used the CentraliHOPs advertising budget
provided by li-fOP Corporate to pay for all of the northwest Ohio ]HOPs marketing They
would inflateCentrals invoice with the Invoices for the five other restaurantsand then send that
aggregate invoice to HOP Corporate
PAGE 091 505232012 1144 4192447104 WTOL NEWS
Case 312-cr-00262-DAK Doc 1 Filed OS2212 24 of 65 PagelD 24
24
MediearelWelfarerrax Fraud
92 TAREK ELKAFRAWI MK and TAREKEID OMAR together and separately
devised schemesto personaltycollectmedical and welfarebenefits for which they did not
qualifyand sanctioned employees to do so as well
93 Using an alternate identity MK split his salary between two paychecks creating a
lower reportableincomefor each identity Usingthese dual identities MK has to date claimed
approximately $140000 in Medicaid paymentsand $35000 in food stamps and welfare benefits
from the State of Ohio
94 To further these schemesTAREK ELKAFRAWI and MK created a false property
management companythrough which MK paid rent to TAREK ELKAFRAWI in order to
show less income BothTAREK ELKAFRAWIand MK created and submitted false payroll
checks and financial documentsto support the fraudulent claims
95 TAREK ELKAFRAWI and MK also sanctionedand encouraged employees to file
fraudulent claims KHALED YOUSEF TAREK EID O~ RAMIZ AWWAD and JAMIL
MOHAMMED AWWAD were told by TAREK ELKAFRAWI and MK how to minimizetheir
payrollearnings throughthe use of multipleidentities in order to claim benefits TAREK
ELKAFRAWI toldTAREK EID OMARto eitherstart fraudulently claiming welfare or quit
having children
96 These manipulations to income revenue and payroll were reflectedin erroneousand
fraudulent tax statements to the Internal RevenueService TAREK ELKAFRAW1 directed
accountants to file his personal and corporate lax returns based on this fraudulent information in
an attempt to minimize and obscure his true incomeand tax liabilities
PAGE 10 5WTOL NEWS4192447104OS232012 1144
Case 312-cr-00262-DAK Doc 1 Filed 052212 25 of 65 PagelD 25
25
Money Laundering Schemes
97 Inorder to hideandconceal thesourceof the proceedsof the wire fraud schemes
TAREK ELKAFRAWI KELLY ELKAFRAWI MK and TAREK EID OMAR engaged in real
estatetransactions
98 TAREK ELKAFRAWI loaned TAREKEID OMARand previous Evansville mop
managers YS andAA approximately S50OOO to purchase a gas station in Evansville Indiana
usingfunds derived solely from TAREK ELKAFRAWrs rnop franchises
99 To conceal the source and nature of the funds used to purchasethe gas station located
at 600North Burkhardt Road Evansville Indiana TAREK ELKAFRAWI transferred
approximately SSOOOO to TAREK EIDOMAR Y S and AAwhich theyused to purchase the
gasstation
100Using laundered assets fromthe IHOP restaurants TAREK ELKAFRAWI and
KELLY ELKAFRAWI purchased homes at l0400 Tecumseh Drive Newburgh Indiana and
J4745 Prairie Lake Drive Toledo Ohio
101 Likewise MK purchased the following properties using funds from bankaccounts
in his various names 2510 Live Oak Road Sylvania Ohio 4027 Meadowgreen DriveSylvania
Ohio 7129 Sandy Springs Road Maumee Ohio and4837 SpringbrookDriveToledo Ohio
The funds were proceeds of the fraudulent schemes
102 Finally from 2004to the date of this indictment TAREK ELKAFRAWIsent
proceeds of fraudulent IHOP transactions overseas by carrying them on his person usingbank
acccunts ownedandcontrolled byTAREKEIDOMARand others knownto the Orand Juryand
using Western Union accounts operated by TAREK EIDOMARand SM (not charged in this
41 1pound44 (1~4 WIUL N~W~
Case 312-cr-00262~DAK Doc 1 Filed 0522112 26 of 65 PagelO 26
26
indictment) Those funds have been used in part to purchase real estate and to make investments
in Egypt
All in violation of Title 18 United States Code Section I956(h)
COVNTl
(Conspiracy to HarborAliens Title 8 UsC Sections t324(a)(l)(AXiii) and I324(a)(1)(AXv)(I)
The Orand Jury furthercharges that
I03 Paragraphs 1-16and 18-I02 are re-alleged and hereby incorporated by referenceas if
fully set forth herein
104 From at least as early as January2004 the exact date to the Grand Jury unknown
through at least December31 2011 in the Northern District of Ohio Western Division and
elsewhere the DefendantsTAREK ELKAFRAWI KELLY ELKAFRAWI AU11JMN LEE
TANGAS MK JOSE LEONmiddotGONZALEZ aka Jose Leon aka Jose Vargas aka Juan Vargas
aka Edwin MartelTAREK ElD OMAR CARLOS GAMBOA KHALED YOUSEF RAMIZ
AWWAD aka Ray JAMIL MOHAMMAD AWWAD KHALIL ABOUDAKKA MAHMOUD
ALI MOHAMED HASSANDONNAJ HARRIOIT LUCKY WILLIAMS and CESAR
AVILA did knowingly and intentionally combine conspire and confederate with each other and
with others known and unknown to the Grand Jury to conceal harbor and shield from detection
one or more aliens namely FJV-PJOSE LEON-GONZALEZ aka lose Leon aka Jose Vargas
aka Juan Vargas aka Edwin Martel MT-C C V V-A S L CESAR AVILA CARLOS
GAMBOAE M A M A G F G J LNU J LNU and approximately two hundred other
aliens known to the Grand Jury In several buildings including but not limited to the Perrysburg
PAGE 12 5WTOL NEWSOS232012 1144 4192447104
Case 312-cr-00262-DAK Doc 1 Flied 052212 27 of 65 PagelD 27
27
Findlay Lima Airport Highway Central Talmadge and Evansville JHOPs as wellas 801 Hiltop
and 4020 RoyerRoad in ToledoOhio knowingand in recklessdisregard of the fact that the
aUen(s) had cometo entered and-remained in the United States In violation of law
A) 11 waspart of the conspiracy that the managers of (HOP restaurants
would hire undocumented aliens to workat the mops after clearingthe
hires with MK or TAREKELKAFRAWI
B) It was further part ofthe conspiracy that undocumented aliens would be
paid in cashuntil theyobtained fraudulent immigration and workdocuments
C) It was funher part of the conspiracy that co-conspirators sometimes would
assist the aliensin finding lodging and in cashing checksat the mop
or bankinginstitutions
D) It was further part oCthe conspiracy that undocumented aliens often would
be paid usinga fake name Or check name
E) It was further part of the conspiracy that the undocumented aliens sometimes
would be transported to other HOP restawant locations to work
F) It was further part ofthe conspiracy that co-conspirators sometimes would
assign to the undocumented aliens the socialsecurity numbers and personal identifierS of
former employees to shield the illegalworkers from discovery
All in violation of Title 8 United States Code Sections 1324(a)(l)(A)(iii) and
1324(a)(1 )(A)(v)(I)~
PAGE 13 5WTOL NEWSOS232012 1144 4192447104
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28
WVNTS3~7
(Mail Fraud Title 18USCbull Section 1341)
The Grand Jury furthercharges that
t OS The allegatiens contained in paragraphs Imiddot16 and 18middot02 of this Indictment are reo
allegedand hereby incorporated by referenceas if fully set forth herein
106 From on or about August 192003 to the dateof this Indictment in the Northern
District or OhioWestern Division and elsewhere TAREK ELKAFRAWI AUTUMNLEE
TANGAS andMK (not charged in this Indictment) devisedand intended to devise a scheme
and artifice to defraud IHOPCorporateand to obtain money and property by meansof materially
false and fraudulent pretensesrepresentations and promises
MANNER AND MEANS
107It waspart of the scheme that TAREK ELKAFRAWI through the use of the
MICROS system knew that sales were obtainedby IHOP Corporate on 8 weeklybasis through an
automatic remote uploading ofdata TAREK ELKAFRAWI knew that IHOP Corporateused the
weeklynet sales figures to determine the weeklyroyalty and rent amount owed byeach franchise
likewisehe knewthat IHOPCorporatedid not examine the weekly deductions from grosssales
that resulted in the net sales figures
108 In fact prior to 2004 TAREK ELKAFRAWI receivedregular IHOP Corporate
reviewsof the operating expensesand balancesheets that showed the costs deducted from gross
sales reflected in net sales After AUlUMN LEETANGAS became FBC in 2004 such thorough
PAGE 14 5WTOL NEWSOS232012 1144 4192447104
Case 312-Cf-00262-DAK Doc 1 Filed 0522112 29 of 65 PagelD 29
29
reviews ceased entirely TAREKELKAFRAWI thereafter devised various schemesto
manipulate the MICROS system in order to create lower-than actual weekly net sales
109Onesuch schemewas to simply tum the MICROS system otT so sales werenot
recorded
110Additionally TAREK ELKAFRAWI instructed his lHOP managers to voidsales
entirelyor to givesignificant discounts to tickets after the ticket had been paid for by thecustomer
and closed
11 J Othercosts chargedagainst grosssales includedunit promotions contests
maintenance andpayouts for whichno documentation was provided In fact these were cash
distributions toTAREK ELKAFRAWI and other employees representingunreported income
112TAREK ELKAFRAWI also woulddeposit rebatecheeks from vendors into the
CentrallHOP account however he would direct his accountants to reflect the deposit as a loan
from officer rather than as incomefrom a rebate This fraudulent representation created an
additional debt on the balance sheet of Central JHOP thus giving the appearancethat the
restaurantwas encumbered with debt and operating expenses and not profitable
1t3 Asa result of these schemes TAREK ELKAFRAWI created the appearance through
his weeklysalesfigures that the CentrallHOP store wasseverely underperforming
114 SInce 2007 TAREK ELKAFRAWI with the help of AUruMN LEETANGAS
applied for rentand royalty reliefpayments from IHOPCorporate Based on the fraudulent
weeklynet sales reports and the annual recommendation of AUlUMN LEE TANOASTAREK
ELKAFRAWIreceived approximately $2300 a week in rentas well as royaltyrelief from HOP
Corporate to which he otherwisewJ not entitled
OS232012 1144 4192447104 WTOL NEWS PAGE 15 5
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30
116 ThesereHefpayments werememorialized in annualcontractsamending the franchise
agreement for eachyear to retlect the newrelief payment agreement Thesecontracts were mailed
from mop Corporate headquarters in Glendale California to Toledo Ohio after the FBCand
RD memos were submitted and approved
117 Onor abouteach of the dates set forth below in the Northern District of Ohio
Western Division and elsewhere for the purpose of executing and attempting to execute the
abovedescribed scheme and artifice 10defraud DefendantsTAREK ELKAFRAWI and
AUTUMNLEE TANOAS knowingly caused to be placed into any post office or authorized
depository for mail matterany matteror thingto be sentand deliveredby the US Postal Service
and caused to be deposited any matterto be sent or delivered by privateand commercial interstate
carrier the following matterfrom Glendale California to Toledo Ohioeach mailing constituting
a separate count
COVNT3
~ SENDER MAJLMATIER
September 24 2007 IHOP Corporate mailing of Amended ReliefContract
COUNL4
June5 2008 IHOPCorporate mailing ofAmended ReliefContract
COUNTS
August 172009 lHOP Corporate mailing of Amended Relief Contract
CQUNT6
May 25 20)0 IHOP Corporate mailing of Amended Relief Contract
OS232012 1149 4192447104 WTOL NEWS PAGE 0115
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31
COuNT 7
May 162011 IHOPCorporate mailing of Amended Relief Contract
All in violation ofTitle l8 United States Code Section 1341
COUNTS
(Health Care FraudTitle 18 USC Sections 1347and 2)
The Grand Jury further charges that
118The allegations contained in 1-16and 18-102of this Indictment are re-allegedand
herebyincorporated byreferenceas if fullyset forth herein
119Using the methodsdescribed in Paragraphs 60-78 TAREK ELKAFRAWr and
others known to the Orand Jury submitted fraudulent reports to BWe resulting in BWe
undercbarging the Airport Highway IHOP
120 From on or about June 4 2004 to the date of this Indictment in the NorthernDistrict
of Ohio Western Division and elsewhere TAREK ELKAFRAWI and others known to the
Orand Jury having devised and intendingto devise B scheme and artifice to defraud the Ohio
Bureauof Workers Compensation (BWe) a healthcare benefit program as defined in Title 18
United States CodeSection24(b) of money by means ofmateriaJly false representations and
promises that was and is in connectionwith the paymentfor health care benefits items IUId
services did knowingly and willfully execute the aforesaid scheme
In violation of Title 18 UnitedStates Code Sections 1347and 2
PAGE 0215WTOL NEWSOS232012 1149 4192447104
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32
COLlNT9
(Health Care FraudTitle 18 USC Sections 1347and 2)
The Orand Jury further charges that
121 The allegations contained in paragraphs )-16 and 18102 of this Indictmentare reo
alleged and herebyincorporatedby reference as if fully set forth herein
122 Using the methodsdescribed in Paragraphs60-78 TAREK ELKAFRAWI and
others known to the Orand Jury submitted fraudulent reports to Bureau of Workers Compensation
(BWC)resulting in BWe undercharging theTalmadge IHOP
123 From on or about June 4 2004 to the date of this Indictment in the Northem District
ofOhio Western Divisionand elsewhere TAREK ELKAFRAWI and others known to the
Grand Jury having devised and intendingto devisea scheme and artifice to defraud the Ohio
awe a health carebenefit program as defined in Title )8 t United States CodeSection 24(b) of
moneyby means of materially false representations and promises that was and is in connection
with the paymentfor health care benefits hems and services did knowinglyand willfullyexecute
theaforesaid scheme
In violation of Title 18 UnitedStatesCode Sections 1347 and 2
CQUNTlll
(Health Care FraudTitle 18USC Sections 1347and 2)
The Orand Jury further charges that
124 Theallegations contained in paragraphs 1-16 and 18-102 of this Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
PAGE 0315WTOL NEWSOS232012 1149 4192447HI4
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33
125 Using themethods described in Paragraphs 60-78 TAREK ELKAFRAWI and
others known to the OrandJury submitted fraudulent reports to BWC resulting in BWC
undercharging the Lima IHOP
126 From on or about August 31 2007 through the date of this Indictment in the
Northern District of Ohio Western Divisionand elsewhereTAREK BLKAFRAWIand others
known to the GrandJury havingdevisedand intendingto devise a scheme and artifice to defraud
the Ohio Bureau of Workers Compensation (BWe) a health care benefit program as defined in
Title 18 United StatesCode Section24(b) of money by means of materially false
representations and promises that wasand is in connection with the payment for health care
benefits items and services did knowingly and willfullyexecute the aforesaid scheme
In violationof Title 18UnitedStates Code Sections 1347and 2
COUNT 11
(Health Care Fraud Title 18 USC Sections 1347and 2)
The Grand Jury furtherchargesthat
127The allegations contained in paragraphs 1-16and 18-102of this Indictment are reshy
allegedand herebyincorporated by reference as if fully set forth herein
128 Using the methods described in Paragraphs60-78 TAREK ELKAFRAWI and
others known to the OrandJury submitted fraudulent reports to Bwe resulting in awe
undercharging the Findlay IHOP
129 From on or aboutMay 102004 through the date of this Indictment in the Northern
Districtof Ohio Western Division and elsewhere TAREK ELKAFRAWI and others knownto
theGrand Jury havingdevised and intending to devise a scheme and artifice to defraud the Ohio
Bureau of WorkersCompensation (BWe) a health care benefit program as defined in Title 18
4) lL44Hl4 WIUL NIW~
Case 312-cr-00262-DAK Doc 1 Filed 052212 34 of 65 PagelD 34
34
United StatesCode Section 24(b) of moneyby meansof materially false representations and
promises that wasand is in connection with the payment for healthcare benefits items and
services did knowingly and willfully execute the aforesaidscheme
In violation of Title 18 United States Code Sections 1347and 2
CoUNT12
(Health Care Fraud Title 18USC Sections 1347and 2)
The Orand Jut)I further charges that
130 The allegations contained in paragraphs Imiddot] 6 and 18-]02 of this Indictmentare reshy
alleged and hereby incorporated by reference as iffulJy set forth herein
13 l Usingthe methods described in Paragraphs 60-78 TAREK ELKAFRAWI and
others knownto the Orand Jury submitted fraudulent reports to BWe resulting in awe
undercharging the Central IHOP
132 From onor about February 28 2005 through the date of this Indictment in the
Northern Districtof Ohio Westem Division and elsewhere TAREKELKAFRAWI and others
known to the Grand Juryhavingdevisedand intending to devisea scheme and artifice to defraud
the Ohio Bureau of Workers Compensation (BWC) a health care benefitprogram as defined in
Title 18 United States CodeSection24(b) of money by means ofmaterially false
representations and promises that was and Is in connection with the paymentfor health care
benefits items and services did knowingly and willfully executethe aforesaid scheme
In vioJation of Title 18 United States Code Sections 1347and 2
41 I~4411~4 WIUL N~W~
Case 312middotcr-00262middotDAK Doc 1 Filed 052212 35 of 65 pagelO 35
3S
COUNT 13
(HealthCare Fraud Title 18 USC Sections 1347 and 2)
The Grand Jury furtherchargesthat
133The allegationscontained in paragraphs 1middot16 and 18middot102 of this Indictment are reshy
alleged and herebyincorporated by reference 8$ if fullyset forth herein
134 Using the methodsdescribed in Paragraphs 6Q78 TAREK ELKAFRAWI and
others known to the GrandJury submitted fraudulent reports to awc resulting in awe
undercharging the Perrysburg JHOP
135 From on or about August 30 2005 through the date ofthis Indictment in the
Northern District of Ohio Western Division and elsewhere TAREK ELKAFRAWI and others
known to the GrandJury having devised and intending to devise a scheme and artifice to defraud
the Ohio Bureauof WorkersCompensation(BWC) a health care benefit program as defined in
Title 18 United States Code Section 24(b) of money by means of materially false
representations and promises that was and is in cenneetlon with the payment for health care
benefits items and services did knowinglyand willfullyexecute the aforesaid scheme
In violationofTitle 18United StatesCode Sections 1347 and 2
COUNTS 14-17
(Mail Fraud Title 18 USC Section J341)
The Grand Jury furthercharges that
136 The allegations containedin paragraphs 1-16 and 18middot102 of this Indictmentare reshy
alleged and hereby incorporatedby referenceas if fully set forth herein
131 Fromon or about January 30 20ll through on or about April 10201 I in the
Northern District of Ohio Western Division and elsewhere Defendants TAREK ELKAFRAWI
PAGE 061lbWIDe NEWS~b1L32012 1149
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36
and TAREK EIDOMARdevised and intended to devisea scheme and artifice to deframiddotud and to
obtain moneyfrom THOP Corporate by meansof materially false and fraudulent pretenses
representations and promises
MANNER AND MEANS
(t was part of the schemeand artifice that
]38 Using the methods described in Paragraphs 46-54 and 71-78 TAREK ELKAFRAWI
and TAREK EIDOMARmanipulated the SABLE Pointof Sale system to fraudulently report
debits and charges in order to hide the removal of cashdirectly from the Evansville IHOP
TAREK EID OMARat the direction of TAREKELKAFRAWI would then producea fraudulent
PampL report and mail it using the United States PostalService to provide that report to
Management Services in Wichita Falls Texas
139 Onor about each ofthe dates set forth below in the Northern District of Ohio
Western Division andelsewhere for the purpose ofexecutingand attempting to executethe
above described scheme and artifice to defraudTAREK ELKAFRAWI and TAREK EID OMAR
knowingly caused to be placed into any post office or authorized depository for mail matterany
matteror thingto besent and delivered by the US Postal Services and caused to be deposited any
matter to be sent or delivered by privateand commercial interstatecarrier the following matter
from Toledo Ohioand Evansville Indianato WichitaFallsTexas each mailingconstituting a
separate count
COUNT 14
Mm SENDER MAIL MAUER
January 302011 TAREK EID OMAR PampL report
OS232012 1149 419~447104 WTOL NEWS PAGE 0715
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37
COUNT 15
February14 2011 TAREK BID OMAR PampL report
COUNT 16
March 28 20II TAREKEID OMAR PampL report
COUNT 17
April 102011 TAREK EJD OMAR PampL report
All in violation ofTitle 18UnitedStates Code Sections 341 and 2
COUNT 18
(Use of Fire to Commit a Felony Title 18 USC Sections 844(h) and 2)
TheGrand Jury further charges that
140The allegations contained in paragraphs 1-16 and 18-102 ofthis Indictmentarc reshy
alleged and hereby incorporatedby reference as if fully set forth herein
141On or about August 10 and II 2008 [n the Northern Districtof Ohio Westem
DivisionTAREK ELKAFRAWI and JOSE LEON-GONZALEZ knowingly used fire to commit
Mail Fraud a felony prosecutable in a court of the United States
In violation ofTitle 18 United States Code Sections 844(h) and 2
COUNTl2
(Malicious Use of Fire Title 18 USC Sections 844(i) and 2)
The Grand Jury further charges that
142 The allegations contained in paragraphs 1-16and 18-102 ofthls Indictmentare reo
alleged and hereby incorporated by reference as if fully set forth herein
WTOL NEWS PAGE 0815OS232012 1149 4192447104
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38
143 On or about August 10and II 2008 in the Northern District of Ohio Western
Division TAREK ELKAFRAWIand JOSE LEON-GONZALEZ maliciously damaged bymeans
of fire and explosivematerialsa buildinglocated at 7777 Countymiddot Road 136 Findlay Ohio used
in interstatecommerce
In violation of Title 18 UnitedStates Code Sections 844(i) and 2
coUNtS 0-28
(Mail FraudTitle] 8 USCSection 1341)
The Grand Jury furthercharges that
144 The allegations containedin paragraphs 1-16and I8-102 of this lndictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
145 Fromapproximately the month of July 2008 the exact date unknownto the Grand
Jury through On or about October 27 2009 in the Northern District of Ohio Western Division
and elsewhereTAREK ELKAFRAWI devisedand intended to devise 8 scheme and artifice to
defraudFarmers InsW1J1ce Group and to obtain moneyand property by meansof false and
fraudulent pretenses representations and promises
146 It was part of the schemeand artificeto defraud that TAREK ELKAFRAWI would
submit traudulent invoices to FarmersInsuranceGroup under PolicyNumber 602926772 for
work that was not performed or performed at a lower invoice
147It was a furtherpart of the scheme and artifice that TAREK ELKAFRAWI submitted
claims forpayroll costs that were completely illusorybecause the requested claimswere for
periods the restaurant was closed and had no employees
~~~J2012 1149 4192447104
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39
148 It was a furtherpart of the sc erne and artifice that all checks were sent directly to
TAREKELKAFRAWI at the Terry Elk G~OUP not the Findlay lHOP
149On or about each of the dates bet forth below in the Northern District of Ohio
Western Division and elsewhere for the Jurpose of executing and attempting to execute the
above described scheme and artifice to delud TAREK ELKAFRAWI knowinglycaused to be
placed into any post office or authorized dlpository for mail matterany matter or thing to be sentI
and dellvered by the US Postal Service Jd caused to be deposited any matter to be sent or
delivered by private and commercial inters~te carrier the following matter from the state of
Illinois to Toledo Ohio each mailingcon~itUting a separate count
October 17 2008
October22 2008
January 262009
October21 2009
September22 2008
January 26 2009
SENDER
Fanners Insurance
Farmers Insurance
Farmers Insurance
Farmers Insurance
FarmersInsurance
Farmers Inswance
CO 20
M61LMAmR
$S5947S 1check to Terry Elk Group
21
I $45581367 check to Terry Elk Group
~ I $24444302 check to Terry Elk Group
~ I $2262384 check to Terry Elk Group
bOUNTM
I $2500000 check to Terry Elk Croup
~ $15684795 check to Terry Elk Group
PAGE 1015WTOL NEWS05232012 1149 4192447104
Case 312-cr-00262-DAK Doc 1 Filed 05122112 40 of 65 pagelD 40
40
COUNT 26
October ~ I 2009 Farmers Insurance $4285205 check to Terry Elk Group
COUNT 27
February 172009 Farmers Insurance $20867200check to Terry Elk Group
COUNT 21
October 27 2009 FarmersInsurance $15226400 check to Terry Elk Group
All in violationofTitle 18 United States Code Section 1341
COUNT 29
(Aggravated IdentityTheft Title 18 USC Section 1028A and 2)
The OrandJury furthercharges that
ISO The allegations contained in paragraphs 1-16and 18~102 of this Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
J51 Onorabout October9 2007 in the Northem District of9hlo Western Division
TAREK ELKAFRAWI did knowinglyuse without lawftllauthority a means of identification of
another personduring and in relation to the commission ofWire Fraud a violation ofride 18
United States Code Section 1343
In violation of Title 18 United States Code Sections I028A(a)(1) and 2
CQVNT30
(Aggravated Identity Theft T~tle is USC Section l028A and 2)
The Grand Jury further charges that
152 The allegations eontained in paragraphs 1-16 and 18-102 of this Indictment are reshy
alleged and hereby incorporated by reference as if fully set forth herein
05232012 1149 4192447104 WTOL NEWS PAGE 111 5
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41
153 On or about May 192008 in the Northern District of Ohio Western Division
TAREK ELKAFRAWIdid knowingly use without lawfulauthoritya means of identification of
another personduringand in relation to the commission of Wire Fraud a violation ofTitle 1g
United StatesCodeSection I~43
In violation of TitJe J8 UnitedStates Code Sections 1028A(a)(I) and 2
COUNT31
(Aggravated IdentityTheftTitle 18USC Section J028A and 2)
The Orand Jury furthercharges that
154 The allegations contained in paragraphs 1-l6- and 18middot102 of this Indictment are reshy
alleged and herebyincorporated by reference as if fully set forth herein
155 On or aboutJuly 132Q09 in the Northern District of Ohio Western Division
TAREK ELKAFRAWIj did knowingly use without lawfuJ authority a means of identification of
another personduring and in relation to the commission of Wire Fraud a violation of Title 18
United StatesCodeSection 1343
In violationofTitle 18 United States Code Sections 1028A(aXl) and 2
COlNT32
(Aggravated IdentityTheft Title 18USC Sectlon J028A and 2)
The Grand Jury furthercharges that
J56 Theallegations contained in paragraphs1-16and 184 J02 of this Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
157On or about May3l 2009 in theNorthern Districtof Ohio Western Division
TAREK ELKAFRAWI did knOWingly use without lawful authoritya means of identification of
OS232012 1149 4192447104 WTOL NEWS
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42
another person during and in relation to the commission of Wire Fraud a violation of Title 18
United States Code Section 1343
In violation ofTitle 18 United States Code Sections 1028A(a)(I) and 2
COUNT 33
(Aggravated Identity Theft Title 18 UsC Section l028A and 2)
The GrandJury further charges that
138 The allegationscontainedin paragraphs 1-16 and 18-]02 of this Indictment are reshy
alleged and herebyincorporated by reference as if fullyset forth herein
159 On or about October 22008 in the Northern District of Ohio Westem Division
TAREK ELKAFRAWI did knowingly use without lawfulauthority a means of identification of
another personduring and in relation to the commission of Wire Fraud a violationof Title 18
United States Code Section 1343
In violationof TItle ]8 United States Code Sections 1028A(a)(I) and 2
CQVNT34 (Aggravated IdentityTheft Title 18 USC Section 1028A and 2)
The Grand Jury furtherchargesthat
160 The allegationscontained in paragraphs 1-16and 18-102ofthis Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
16t Onor about January27 2008 in the Northern District of Ohio WesternDivision
TAREK ELKAFRAWI did knowinglyuse without lawfulauthority a means of identification of
anotherpersonduringand in relation to the commissionofWire Fraud a violation ofTitJe 18
United States Code Section 1343
In violation of Title 18United States Code Sections l028A(a)(1) and 2
I I
WTOL NEWS PAGE 13115OS232012 1149 4192447104 I
Case 312-cr-00262-DAK Doc 1 Filed 052212 43 of 65 PagelD 43
43
COUNT 35 (AggravatedIdentityTheft Title 18USC Section 1028A and 2)
The Grand Jury further charges that
162The allegations contained in paragraphs I-16 and 18-102 of this Indictment are reshy
alleged and herebyincorporated by reference as jf fully set forth herein
163On or about March 72009 in the NorthernDistrict of Ohio Western Division
TAREK ELKAFRAWI and KHALED YOUSEF did knowinglyuse without lawful authority a
means of identification of another personduringand in relation to the commission of Wire Fraud
a violation of Title 18 United States Code Section 1343
In violationof Title 18 United States Code Sections 1028A(a)(1)and 2
COUNT 36
(Aggravated IdentityTheft Title 18 USC Section 1028Aand 2)
The GrandJury further charges that
164 The allegations contained in paragraphs 1-16 and 18-102 of this Indictmentare reshy
allegedand hereby incorporated byreferenceas if fully set forth herein
16S On or about March tS 2009 in the Northern District of Ohio Western Division
TAREK ELKAFRAWI and KHALED YOUSEF did knowinglyuse without lawful authority a
means of identification of another person duringand in relation to the commission of WireFraud
a violation of Title 18United States Code Section 1343
In violation ofTitle 18United States Code Sections l028A(a)(1) and 2
~~~~2012 1149 4192447104 wloe NEWS
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44
COUNT 37
(Aggravated Identity The~ Title 18 USC Section l028A and 2)
The GrandJury further charges that
166 Theallegations contained in paragraphs 1-16 and 18-] 02 of this Indictment are reshy
alleged and hereby incorporated byreference as if fully set forth herein
167 On or aboutJuly 21 2009 in the Northern District of Ohio Western Division
TAREK ELKAfRAWI and RAMIZAWWAO did knowingly use without lawful authority a
means of identification of anotherperson duringand in relation to the commission of WireFraud
a violation of Title 18United States Code Section 1343
In violation ofTitle 18 UnitedStates Code Sections l028A(a)(1) and 2
cOUNT38
(Aggravated Identity TheftTitle 18 USC Section 1028A and 2)
The Grand Juryfurthercharges that
168Theallegations contained in paragraphs 1-16 and t8-102 of this Indictment are reshy
alleged and hereby incorporated by reference 8S if fully set forth herein
169 On or about July 132009 in the NorthernDistrict ofOhio WesternDivision
TAREK ELKAFRAWIand IAMIL MOHAMMED AWWAD did knowingly use withoutlawful
authority a meansof identification of another person during and in relation to the commission of
Wire Fraud a violation ofTitle 18 United States Code Section 1343
In violation of Title 18 United States CodeSections l028A(a)(1) and 2
11 4l 41 l~44 IUl4 WIUL NIWl
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45
COUNT 39
(Identity Theftt Title 18 USC Sections 1028 and 2)
The Grand Jury further charges that
170 The allegationscontained in paragraphs 1-16 and 18-102 of this Indictment are reshy
alleged and hereby incorporated by reference as if fully set forth herein
171 On or about December132010 in the Northern District orOhio Western Division
TAREKELKAFRAWI and DONNA J HARRIOTTt did knowingly use in or affectinginterstate
or foreigncommerce without lawful authority a means of identification ofanother person to wit
s social securitynumber and date of birth with the intent to commit or to aid or abet or in
connectionwith any unlawful activitythat constitutes Wire Fraud 8 violation of 18USC
sect1343 and the offense involved the useof an authentication feature that is or appears to be an
identification document or authentication feature issued by Or under the authority of the United
States
All in violation ofTitle 1St United States Code Sections 1028(a)() (b)(l )(A)(l) and (f)
and 2
COUNI40
(Identity Theft Title 18USCbull Sections 1028and 2)
TheGrand Juryfurther chargesthat
172The allegationscontained in paragraphs 1-16 and J8middot102 of this Indictment are reo
allegedand hereby incorporated by referenceas if fully set forth herein
173On or about May42010 in the Northern District ofOhio Western Division
TAREK ELKAFRAWI and SARA RINEBOLT did knowingly use in or affecting interstate or
Case 312-cr-00262-DAK Doc 1 Filed 0522112 14 of 65 PagelD 14 )4
from their homes Since approximately 2010-20]) TAREK ELKAFRAWI and MK have used
softwarecalled Team Viewer This software was installed on the home computers ofTAREK
ELKAFRAWI and MK in 2010 and 2011 respectively shortlyafter the latestMICROS system
was installed on all [HOP computers
48 One of the schemes to defraud was to manually reset the internal clock and calendar
of the MICROSsystem For instance on a Monda) the MICROS system would be set two days
ahead this would essentially pausethe system from downloading and compilingthe sales
figWes Thus although on that Wednesday the MICROS system would recognize the sales
recorded for Monday Tuesday and Wednesday and create aggregate statistics for those three
days the fact that the system was paused for thosedays allowed managers to manipulateor
under-report all of the cash transactions because cash transactionswere recognized as open
tickets for those threedays
49 The benefit of having an openticket was significant As long as a ticket was
open a sale was not considered complete that ticket could then be manipulated or even
deleted completely Thus when the MICROS system clocks werereset any open tickets or
cash transactions could be voided in MICROS and the easb receivednot recorded
50 In addition to manipulatingthe intemalsettings of MICROS MK and TAREK
ELKAFRAWI deviseda scheme whereby the MICROSsystem would simply be turnedoff
either by MK or a manager and product sales rung up manually
5 t Like the clock-settingscheme when MICROS was off-line tickets became
unreportable so cash transactions were not recorded by the system and moniescould be received
and deposited without lUI) paper trail Such transactions were not taxed and the sales were not
SM3N lOlM
middot
Case 31Z-cr-OQ262-DAK Doc 1 Filed 052212 15 of 65 PagelD lS
]5
recorded at the IHOP Corporate level so money that would otherwise have triggered the payment
of taxes or franchise feeswas kept by TAREK ELKAFRAWI as unreported income
52 TAREK ELKAFRAWI MKand TAREK EID OMARalso manipulated the
reporting of sales through the use of coupons When a customer paid in cash the store manager
was directed to use a store coupon to reduce the ticket or void the sale completely Therefore the
difference betweenthe reduction or void was not reflected in the final sale total and could be
taken by management as unreported income Accordingly TAREKELKAFRAwr MK and
TAREK EID OMARdirected their managers to use cash sales transactions to realize unreported
incomebull
53 ~AREK ELKAFRAWIand TAREK BIDOMAR manipulated the SABLE systemin
the Evansvillerestaurantmuch morebrazenlythan in theToledo-arearestaurants because of
certain exploitablecharacteristics of the SABLEsystem
54 Manipulations also affected employees salaries Starting in 2004 and continuing
through the present TAREK ELJltAFRAWI MK and TAREK ErO OMARdirected managers
to automatically deduct30 minutes fromalmost every employees time card daily in the Pointof
Sale systemsusing the BmiddotSO1 programs ability to edit entries
Manipulatiag Profit and Loss Statemenl$
55 The goal of these schemeswas to divert money from the restaurants actual gross
income into the personal accounts ofTAREK ELKAFRAWI and MK as unreported and
untaxed income As part of the schemeto laundermoney and evade federal state and local
taxes TAREK ELKAFRAWIMKbull KMand TAREK EID OMAR also directedaccountants
=iMlN nlM
PAGE 0115OS232012 1144 4192447104 WTOL NEWS I
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16
and bookkeepers to manipulatethe profit and loss statements (hereinafterPampLs) and balance
sheets for their various corporations
56 A PampL is a physical or electronic documentdetalHng how a corporations gross
income is transformed into the net income It displays the reported gross income for a specific
period oftime and the costs and expenses charged against this income The purpose is to show
interestedpartieswhetherthe corporation lost Or made money The accountants created the PampL
statements using data providedby TAREK ELKAFRAWI and MK and relied on those PampLs to
filecorporate taxes
57 That data wasculled from various sources MK helped create the PampLspreadsheets
by providing the documents to the managersand then received the completed weekly
spreadsheets via email Upon receiving the PampL spreadsheets the restaurant managers added in
reported total sales laborcosts for the staff invoicesfor food and supplies food discountsand
manager voids However the managers salaries end the restaurants rent expenses were entered
in the spreadsheet by MK and could not be altered by other employees Included in the
spreadsheetportioncreated by MK were some budgetary lines containing debits for categories
that simply did not exist as businessexpenses Thenumbers provided by MK were inflated
For example the LimaIHOP PampLlisted a gross total ofapproximately$ ]500 per week for
managers salaries However the number that MK entered into the PampL for managers salary
was $2100 per week Likewise the amount paid in rent was consistently inflated in excessof
actual rent payments for the tHOP restaurants The spreadsheets were then submitted to the
accountantswho created the PampL TAREK ELKAFRAWI reviewed the final PampL and made
revisions to further hide his efforts to divert profits
41l44flI14 WIUL NcW~
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17
58 Byknowingly entering inaccurate infonnation into the PampLs TAREK ELKAFRAWI
MK KM and the store managersactingat their direction in effect manipulated the tax
burden levied on their corporation byfederal state and local governments
59 Furthermore as II result of the PampLmanipulation the net profits Were artificially
deflated to minimize the amount of royalties and rent paid to IHOP Corporate
Defrauding Worken Compensation
60 Beginning in approximately2003 TAREK ELKAFRAWI MK and KM set up
various schemes to defraud BWC and lowerthe amount they had to pay into the Workers
Compensation system BWCpayments helpcover the cost of injuries to employees whoare hurt
on the job and functions as a ferm of insurance for a company The percentageof wagespaid by
the employerare relatedto the type of business a companydoes the number of employees the
number of claims in prior reporting periodsand other factors to arrive at a semi-annual figure
owed by a company
61 From 2004 to the present TAREK ELKAFRAWIand MK manipulated some of the
factors used by awe to determine an employers premiumsfor its employees For instance
since managers premiumsare calculated at a higher rate because their salaries are greaterthan
other employees TAREKELKAFRAWI MK and KM devised a scheme to lower manager
reporting to zero(0) likewise a cooks premium would be calculated at a higher rate because
they work in moredangerous situations thanwaitresses TAREK ELKAFRAWI MK and
KM developedwaysto manipulate the reporting ofemployees average weekly salaries Also
although overtime and tips are calculated by BWCTAREK ELKAFRAWI MK and KM
WIUL NtW~41 j~441~4~o~~pound~l~ 1144
Case 312-cr-OD262middotDAK Doc 1 Filed 052212 18 of 65 PagelD 18
18
deviseda schemeto avoid includingthose two factors in the final equation to fraudulently
understate premiums owed to awe
62 During2004 MK and KM submitted the semi-annual reports in person at the
Toledo office ofBWC The paymentswere made via check which triggered an electronic funds
transfer from IHOP bank accounts to BWe accounts In 2005 awc switched to an electronic
filing system
63 MK directedKM to use the averageof the lowest weekly payroll to calculatethe
semi-annual wage figure despite the fact that Bwe regulations required an average ofall weekly
wage figures for the reporting period By submitting only an average of the lowest weeks
TAREK ELKAFRAWI MK and KM deflatedthe wage figure
64 To further depress the numbers MK told KM to omit the salaries ofmanagers and
tips and then deductmore from the total Generally this manipulationdecreased the final wage
figure by an additional twenty percent(20)
6 From 2004 to the date of this indictment TAREK ELKAFRAWI was made awareof
the paymentfigure regardless of who filed the form and directed each paymentto be lower than
the previousone
66 DespiteTAREK ELKAFRAWls seeminglyarbitrarY calculus this reportingfigure
could be audited by awe The department required all businesses to file a Form 941 which
listed employees wages and taxes paid every90 days for the purpose ofpaying federal taxes
67 The Fonn 941 was created for BWC using Profit and Loss sheets MICROS and
payrollrecordsand was generally consistentwith those documents
WTOL NEWS PAGE 0415OS232012 1144 4192447104
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19
68 During an audit BWe could request the Form 941 and compare those numbers with
the numbers provided to awe
69 Between 2004 and 2009 KM received noticesof Bwes intention to audit various
Toledo IHOP locations Each timea notice was receivedKM TAREK ELKAFRAWI and
MK simplyignored it Threeof the auditswere never perfonned by BWC
70 BWe did audit the Findlay IHOP in 2007 fora two-year period Originally it was
determined that the restaurant owed over $55)000 in unpaidawe premiumsfor that timeperiod
71 In orderto avoid paying these premiums KM amendedtherestaurant)s worksheet
deletingmanagersnames from the list of employees and fraudulently listing the managers 8S
officersof the corporation that owned Findlayand therefore we~ exempt from payingworkers
compensation premiums However the Articles of Incorporation were not changed to list these
managers as corporate officers
72 Bymaking this change at the direction ofTAREK ELKAfiRAWI KM reportedly
reduced the amount of premiums owed awe to approximately i35000 When AunrMN LEE
TANGAS learned of thisscheme rather than reporting it to IHOP Corporate either the crime or
the addition of newofficersas required by corporate policy she told KM Youjust saved
TAREKs a-
73 In 2007 in response to the auditTAREKELKAFRAWI MK and KMcreated the
Terry Elk Group all managers weretransferred to that company and put on its payroll The
Terry Elk Group was created byKM at thedirection ofTAREK ELKAFRAWIto further
minimize payments to awe
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20
74 Although each of the seven identifiedmop restaurants transferred money to the
Terry Elk Groupto pay salaries for managers the Terry Elk Group never paid awe taxes
75 TAREK ELKAFRAWIand MK were officers of the Terry Elk Group and TAREK
ELKAFRAWland AUTUMN LEETANGAS both told KM that this was a great solution to
avoid payingBWC
76 The falsification of recordsand thecreation of the Terry Elk Group resulted in an
underpaymentofapproximately S2S0OOO to BWe
Document FJ1lud
77 TAREK ELKAFRAWI MK and TAREK EID OMAR further manipulated the
accounts of the IHOPrestaurants in order to laundermoney through false payouts and
fraudulentlyreported transactions
78 TAREK ELKAFRAWI MKand TAREK EID OMAR used a system of payouts
in the fonn of paper receipts deposited in the cash registers to reflect further unreported cash
withdrawals While these receipts were ostensibly for occasional items such as landscaping
charges extra food ingredients or supplies jn reality most payouts were not for services
rendered but weremerely cash withdrawals TAREK ELKAFRAWI MK and TAREK EID
OMAR directed managers to create payout slips to cover cash withdmwals and use the payout
slips to justify the withdrawals as business expenses to the accountants
Insurance Fraud
79 In 2008 the Findlay IHOP burned as a result of arson The fire was intentionally
started by JOSE LEON-GONZALEZ and individuals unknown to the Grand Juryat the direction
PAGE El6 5 WTOL NEWSOS232012 1144
Case 312-cr-00262-DAK Doc 1 Filed 0522112 21 of 65 PagelD 21
21
and orderofTAREK ELKAFRAWI and MK to facilitate insurance fraud schemes by TAREK
ELKAFRAWI
80 TAREK ELKAFRAWIsubmitted approximately $136million in fraudulent
insurance claims for firedamage to the restaurant The receipts submitted to the insurance
company reflected overcharges charges for work never doneworkdone at artificially inflated
prices and for fraudulent payroll claimsand lost income Additionally TAREK ELKAFRA WI
created wholly fictitious invoices and diverted thosepayments to his personal use
Rebate Fraud
81 TAREK ELKAFRAWIandMK used a varietyofadditional accounting
manipulations to affect the franchises balancesheets For example TAREKELKAFRAWI
often personally received rebate checks from food and beverage vendors reflecting the large
amountsofmoneyspent with theircompanies Thesechecksweremailed directly to TAREK
ELKAFRAWIs homes in Toledo and Evansville ratherthan delivered to the intended restaurant
The amounts were substantial Tropicanas annual rebate was approximately $12000 Cocashy
Colas annual rebate was approximately $7500 US Foods annual rebate was approximately
$80000 and Pepsis annual rebatewasapproximately S55000 From2004 to the date oftbis
indictment the total amount of rebate payments received by TAREK ELKAFRAWI exceeded
SIIOOOOO
82Before 2005TAREK ELKAFRAWI simplyused this money for personal expenses
However after 2005 TAREK ELKAFRAWIoccasionally reinvested the rebate money into the
franchises as a loan from officer
WTOL NEWS PAGE 07 5OS232012 1144 4192447104
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22
83 Under this scheme TAREK ELJltAFRAWI was essentiallyclaimingthe corporations
money for himself8Jld loaning it back to the businesswhilenot reporting the rebate money as
personal income This generated an additional unwarranted liability for the corporation receiving
the loan while TAREK ELKAFRAWI would take a personal loss on his taxesfor the unpaid
loan Thus the overall tax liability for the company and for TAREK ELKAFRAWI was
fraudulently lowered
Other Schemes to Defraud
84 Thebalance sheet was also affectedby claimingremodelingcosts as a liability instead
of an asset IHOP Corporatemandated that each restaurant be remodeled every five years Per
JHOP Corporate policy this costs a franchise approximately $70000 Under standard
accountingpractices this remodel should be considered an appreciation However TAREK
ELKAFRAWI regularly directed the accountants to claimthis expense as repair and
maintenance considered a liability
85 In September2010 ManagementServices the accountantsused by TAREK
ELKAFRAWI questioned a $40000 remodelingof the Evansville restaurant completedin 2007
TAREK ELKAFRAWI lied to the accountantsthat the $40000was a personal loan from a
businesspartner Management Services then issuedcheckstotaling $40000 to the business
partner TAREK ELKAFRAWI took these checks for his own purposes
86 TAREK ELKAFRAWI also used the restaurants to obtain loans that he would
otherwisenot beable to secure TAREK ELKAFRAWIapplied for loans using well-performing
IHOP restaurants as collateral for the loans then used those loans to pay for improvements on his
other (HOPrestaurants
WTOL NEWS PAGE 08 5OS232012 1144 4192447104
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23
87 The improperbenefitreceived arose from the fact that each restaurant is an
independent corporation Knowing that certainIHOP restaurants such as Findlay would be
unable to securea loanTAREK ELKAFRAWIwould apply for a loan using a corporation for a
healthyrestaurant likeLima Once he hadsecured that loan he wouJd use the money on the
unqualified restaurant
88 Thusthe healthy restaurant wouJd cany a loss in the form of an outstanding loan on
its books lowering its tax liabilities while the other restaurantenjoyed the use of the loan
without having to report the transferof funds as profit
89 TAREKELKAFRAWI furtherusedschemes to transfer moneyobtained from IHOP
Corporate intended to benefitone restaurant to the use of another restaurant or directly to
himself
90 Forinstance advertising and marketing revenue would be used byTAREK
ELKAFRAWIand MK in a mannersimilar to the rebate checks In 2007 TAREK
ELKAFRAWIsubmitted a fraudulent invoicereflecting the purchase of an advertising sign for
CentrallHOP for$13500when in facthe only spent $3500 on the sign He receiveda check
fromIHOPCorporate for $13500and pocketed the difference TAREK ELiltAFRAWI
thereafterreported the remaining $ J0000 as a loan ftom officer and not taxable income
9Jbull TAREK ELKAFRAWI and MK also used the CentraliHOPs advertising budget
provided by li-fOP Corporate to pay for all of the northwest Ohio ]HOPs marketing They
would inflateCentrals invoice with the Invoices for the five other restaurantsand then send that
aggregate invoice to HOP Corporate
PAGE 091 505232012 1144 4192447104 WTOL NEWS
Case 312-cr-00262-DAK Doc 1 Filed OS2212 24 of 65 PagelD 24
24
MediearelWelfarerrax Fraud
92 TAREK ELKAFRAWI MK and TAREKEID OMAR together and separately
devised schemesto personaltycollectmedical and welfarebenefits for which they did not
qualifyand sanctioned employees to do so as well
93 Using an alternate identity MK split his salary between two paychecks creating a
lower reportableincomefor each identity Usingthese dual identities MK has to date claimed
approximately $140000 in Medicaid paymentsand $35000 in food stamps and welfare benefits
from the State of Ohio
94 To further these schemesTAREK ELKAFRAWI and MK created a false property
management companythrough which MK paid rent to TAREK ELKAFRAWI in order to
show less income BothTAREK ELKAFRAWIand MK created and submitted false payroll
checks and financial documentsto support the fraudulent claims
95 TAREK ELKAFRAWI and MK also sanctionedand encouraged employees to file
fraudulent claims KHALED YOUSEF TAREK EID O~ RAMIZ AWWAD and JAMIL
MOHAMMED AWWAD were told by TAREK ELKAFRAWI and MK how to minimizetheir
payrollearnings throughthe use of multipleidentities in order to claim benefits TAREK
ELKAFRAWI toldTAREK EID OMARto eitherstart fraudulently claiming welfare or quit
having children
96 These manipulations to income revenue and payroll were reflectedin erroneousand
fraudulent tax statements to the Internal RevenueService TAREK ELKAFRAW1 directed
accountants to file his personal and corporate lax returns based on this fraudulent information in
an attempt to minimize and obscure his true incomeand tax liabilities
PAGE 10 5WTOL NEWS4192447104OS232012 1144
Case 312-cr-00262-DAK Doc 1 Filed 052212 25 of 65 PagelD 25
25
Money Laundering Schemes
97 Inorder to hideandconceal thesourceof the proceedsof the wire fraud schemes
TAREK ELKAFRAWI KELLY ELKAFRAWI MK and TAREK EID OMAR engaged in real
estatetransactions
98 TAREK ELKAFRAWI loaned TAREKEID OMARand previous Evansville mop
managers YS andAA approximately S50OOO to purchase a gas station in Evansville Indiana
usingfunds derived solely from TAREK ELKAFRAWrs rnop franchises
99 To conceal the source and nature of the funds used to purchasethe gas station located
at 600North Burkhardt Road Evansville Indiana TAREK ELKAFRAWI transferred
approximately SSOOOO to TAREK EIDOMAR Y S and AAwhich theyused to purchase the
gasstation
100Using laundered assets fromthe IHOP restaurants TAREK ELKAFRAWI and
KELLY ELKAFRAWI purchased homes at l0400 Tecumseh Drive Newburgh Indiana and
J4745 Prairie Lake Drive Toledo Ohio
101 Likewise MK purchased the following properties using funds from bankaccounts
in his various names 2510 Live Oak Road Sylvania Ohio 4027 Meadowgreen DriveSylvania
Ohio 7129 Sandy Springs Road Maumee Ohio and4837 SpringbrookDriveToledo Ohio
The funds were proceeds of the fraudulent schemes
102 Finally from 2004to the date of this indictment TAREK ELKAFRAWIsent
proceeds of fraudulent IHOP transactions overseas by carrying them on his person usingbank
acccunts ownedandcontrolled byTAREKEIDOMARand others knownto the Orand Juryand
using Western Union accounts operated by TAREK EIDOMARand SM (not charged in this
41 1pound44 (1~4 WIUL N~W~
Case 312-cr-00262~DAK Doc 1 Filed 0522112 26 of 65 PagelO 26
26
indictment) Those funds have been used in part to purchase real estate and to make investments
in Egypt
All in violation of Title 18 United States Code Section I956(h)
COVNTl
(Conspiracy to HarborAliens Title 8 UsC Sections t324(a)(l)(AXiii) and I324(a)(1)(AXv)(I)
The Orand Jury furthercharges that
I03 Paragraphs 1-16and 18-I02 are re-alleged and hereby incorporated by referenceas if
fully set forth herein
104 From at least as early as January2004 the exact date to the Grand Jury unknown
through at least December31 2011 in the Northern District of Ohio Western Division and
elsewhere the DefendantsTAREK ELKAFRAWI KELLY ELKAFRAWI AU11JMN LEE
TANGAS MK JOSE LEONmiddotGONZALEZ aka Jose Leon aka Jose Vargas aka Juan Vargas
aka Edwin MartelTAREK ElD OMAR CARLOS GAMBOA KHALED YOUSEF RAMIZ
AWWAD aka Ray JAMIL MOHAMMAD AWWAD KHALIL ABOUDAKKA MAHMOUD
ALI MOHAMED HASSANDONNAJ HARRIOIT LUCKY WILLIAMS and CESAR
AVILA did knowingly and intentionally combine conspire and confederate with each other and
with others known and unknown to the Grand Jury to conceal harbor and shield from detection
one or more aliens namely FJV-PJOSE LEON-GONZALEZ aka lose Leon aka Jose Vargas
aka Juan Vargas aka Edwin Martel MT-C C V V-A S L CESAR AVILA CARLOS
GAMBOAE M A M A G F G J LNU J LNU and approximately two hundred other
aliens known to the Grand Jury In several buildings including but not limited to the Perrysburg
PAGE 12 5WTOL NEWSOS232012 1144 4192447104
Case 312-cr-00262-DAK Doc 1 Flied 052212 27 of 65 PagelD 27
27
Findlay Lima Airport Highway Central Talmadge and Evansville JHOPs as wellas 801 Hiltop
and 4020 RoyerRoad in ToledoOhio knowingand in recklessdisregard of the fact that the
aUen(s) had cometo entered and-remained in the United States In violation of law
A) 11 waspart of the conspiracy that the managers of (HOP restaurants
would hire undocumented aliens to workat the mops after clearingthe
hires with MK or TAREKELKAFRAWI
B) It was further part ofthe conspiracy that undocumented aliens would be
paid in cashuntil theyobtained fraudulent immigration and workdocuments
C) It was funher part of the conspiracy that co-conspirators sometimes would
assist the aliensin finding lodging and in cashing checksat the mop
or bankinginstitutions
D) It was further part oCthe conspiracy that undocumented aliens often would
be paid usinga fake name Or check name
E) It was further part of the conspiracy that the undocumented aliens sometimes
would be transported to other HOP restawant locations to work
F) It was further part ofthe conspiracy that co-conspirators sometimes would
assign to the undocumented aliens the socialsecurity numbers and personal identifierS of
former employees to shield the illegalworkers from discovery
All in violation of Title 8 United States Code Sections 1324(a)(l)(A)(iii) and
1324(a)(1 )(A)(v)(I)~
PAGE 13 5WTOL NEWSOS232012 1144 4192447104
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28
WVNTS3~7
(Mail Fraud Title 18USCbull Section 1341)
The Grand Jury furthercharges that
t OS The allegatiens contained in paragraphs Imiddot16 and 18middot02 of this Indictment are reo
allegedand hereby incorporated by referenceas if fully set forth herein
106 From on or about August 192003 to the dateof this Indictment in the Northern
District or OhioWestern Division and elsewhere TAREK ELKAFRAWI AUTUMNLEE
TANGAS andMK (not charged in this Indictment) devisedand intended to devise a scheme
and artifice to defraud IHOPCorporateand to obtain money and property by meansof materially
false and fraudulent pretensesrepresentations and promises
MANNER AND MEANS
107It waspart of the scheme that TAREK ELKAFRAWI through the use of the
MICROS system knew that sales were obtainedby IHOP Corporate on 8 weeklybasis through an
automatic remote uploading ofdata TAREK ELKAFRAWI knew that IHOP Corporateused the
weeklynet sales figures to determine the weeklyroyalty and rent amount owed byeach franchise
likewisehe knewthat IHOPCorporatedid not examine the weekly deductions from grosssales
that resulted in the net sales figures
108 In fact prior to 2004 TAREK ELKAFRAWI receivedregular IHOP Corporate
reviewsof the operating expensesand balancesheets that showed the costs deducted from gross
sales reflected in net sales After AUlUMN LEETANGAS became FBC in 2004 such thorough
PAGE 14 5WTOL NEWSOS232012 1144 4192447104
Case 312-Cf-00262-DAK Doc 1 Filed 0522112 29 of 65 PagelD 29
29
reviews ceased entirely TAREKELKAFRAWI thereafter devised various schemesto
manipulate the MICROS system in order to create lower-than actual weekly net sales
109Onesuch schemewas to simply tum the MICROS system otT so sales werenot
recorded
110Additionally TAREK ELKAFRAWI instructed his lHOP managers to voidsales
entirelyor to givesignificant discounts to tickets after the ticket had been paid for by thecustomer
and closed
11 J Othercosts chargedagainst grosssales includedunit promotions contests
maintenance andpayouts for whichno documentation was provided In fact these were cash
distributions toTAREK ELKAFRAWI and other employees representingunreported income
112TAREK ELKAFRAWI also woulddeposit rebatecheeks from vendors into the
CentrallHOP account however he would direct his accountants to reflect the deposit as a loan
from officer rather than as incomefrom a rebate This fraudulent representation created an
additional debt on the balance sheet of Central JHOP thus giving the appearancethat the
restaurantwas encumbered with debt and operating expenses and not profitable
1t3 Asa result of these schemes TAREK ELKAFRAWI created the appearance through
his weeklysalesfigures that the CentrallHOP store wasseverely underperforming
114 SInce 2007 TAREK ELKAFRAWI with the help of AUruMN LEETANGAS
applied for rentand royalty reliefpayments from IHOPCorporate Based on the fraudulent
weeklynet sales reports and the annual recommendation of AUlUMN LEE TANOASTAREK
ELKAFRAWIreceived approximately $2300 a week in rentas well as royaltyrelief from HOP
Corporate to which he otherwisewJ not entitled
OS232012 1144 4192447104 WTOL NEWS PAGE 15 5
Case 312-cr-00262-DAK Doc 1 Filed 052212 30 of 65 pagelD 30
30
116 ThesereHefpayments werememorialized in annualcontractsamending the franchise
agreement for eachyear to retlect the newrelief payment agreement Thesecontracts were mailed
from mop Corporate headquarters in Glendale California to Toledo Ohio after the FBCand
RD memos were submitted and approved
117 Onor abouteach of the dates set forth below in the Northern District of Ohio
Western Division and elsewhere for the purpose of executing and attempting to execute the
abovedescribed scheme and artifice 10defraud DefendantsTAREK ELKAFRAWI and
AUTUMNLEE TANOAS knowingly caused to be placed into any post office or authorized
depository for mail matterany matteror thingto be sentand deliveredby the US Postal Service
and caused to be deposited any matterto be sent or delivered by privateand commercial interstate
carrier the following matterfrom Glendale California to Toledo Ohioeach mailing constituting
a separate count
COVNT3
~ SENDER MAJLMATIER
September 24 2007 IHOP Corporate mailing of Amended ReliefContract
COUNL4
June5 2008 IHOPCorporate mailing ofAmended ReliefContract
COUNTS
August 172009 lHOP Corporate mailing of Amended Relief Contract
CQUNT6
May 25 20)0 IHOP Corporate mailing of Amended Relief Contract
OS232012 1149 4192447104 WTOL NEWS PAGE 0115
Case 312-cr-00262-DAK Doc 1 Filed 052212 31 of 65 PagelD 31
31
COuNT 7
May 162011 IHOPCorporate mailing of Amended Relief Contract
All in violation ofTitle l8 United States Code Section 1341
COUNTS
(Health Care FraudTitle 18 USC Sections 1347and 2)
The Grand Jury further charges that
118The allegations contained in 1-16and 18-102of this Indictment are re-allegedand
herebyincorporated byreferenceas if fullyset forth herein
119Using the methodsdescribed in Paragraphs 60-78 TAREK ELKAFRAWr and
others known to the Orand Jury submitted fraudulent reports to BWe resulting in BWe
undercbarging the Airport Highway IHOP
120 From on or about June 4 2004 to the date of this Indictment in the NorthernDistrict
of Ohio Western Division and elsewhere TAREK ELKAFRAWI and others known to the
Orand Jury having devised and intendingto devise B scheme and artifice to defraud the Ohio
Bureauof Workers Compensation (BWe) a healthcare benefit program as defined in Title 18
United States CodeSection24(b) of money by means ofmateriaJly false representations and
promises that was and is in connectionwith the paymentfor health care benefits items IUId
services did knowingly and willfully execute the aforesaid scheme
In violation of Title 18 UnitedStates Code Sections 1347and 2
PAGE 0215WTOL NEWSOS232012 1149 4192447104
Case 312-cr-00262-DAK Doc 1 Filed 052212 32 of 65 PagelD 32
32
COLlNT9
(Health Care FraudTitle 18 USC Sections 1347and 2)
The Orand Jury further charges that
121 The allegations contained in paragraphs )-16 and 18102 of this Indictmentare reo
alleged and herebyincorporatedby reference as if fully set forth herein
122 Using the methodsdescribed in Paragraphs60-78 TAREK ELKAFRAWI and
others known to the Orand Jury submitted fraudulent reports to Bureau of Workers Compensation
(BWC)resulting in BWe undercharging theTalmadge IHOP
123 From on or about June 4 2004 to the date of this Indictment in the Northem District
ofOhio Western Divisionand elsewhere TAREK ELKAFRAWI and others known to the
Grand Jury having devised and intendingto devisea scheme and artifice to defraud the Ohio
awe a health carebenefit program as defined in Title )8 t United States CodeSection 24(b) of
moneyby means of materially false representations and promises that was and is in connection
with the paymentfor health care benefits hems and services did knowinglyand willfullyexecute
theaforesaid scheme
In violation of Title 18 UnitedStatesCode Sections 1347 and 2
CQUNTlll
(Health Care FraudTitle 18USC Sections 1347and 2)
The Orand Jury further charges that
124 Theallegations contained in paragraphs 1-16 and 18-102 of this Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
PAGE 0315WTOL NEWSOS232012 1149 4192447HI4
Case 312-cr-00262-DAK Doc 1 Filed 0522112 33 of 65 PagelD 33
33
125 Using themethods described in Paragraphs 60-78 TAREK ELKAFRAWI and
others known to the OrandJury submitted fraudulent reports to BWC resulting in BWC
undercharging the Lima IHOP
126 From on or about August 31 2007 through the date of this Indictment in the
Northern District of Ohio Western Divisionand elsewhereTAREK BLKAFRAWIand others
known to the GrandJury havingdevisedand intendingto devise a scheme and artifice to defraud
the Ohio Bureau of Workers Compensation (BWe) a health care benefit program as defined in
Title 18 United StatesCode Section24(b) of money by means of materially false
representations and promises that wasand is in connection with the payment for health care
benefits items and services did knowingly and willfullyexecute the aforesaid scheme
In violationof Title 18UnitedStates Code Sections 1347and 2
COUNT 11
(Health Care Fraud Title 18 USC Sections 1347and 2)
The Grand Jury furtherchargesthat
127The allegations contained in paragraphs 1-16and 18-102of this Indictment are reshy
allegedand herebyincorporated by reference as if fully set forth herein
128 Using the methods described in Paragraphs60-78 TAREK ELKAFRAWI and
others known to the OrandJury submitted fraudulent reports to Bwe resulting in awe
undercharging the Findlay IHOP
129 From on or aboutMay 102004 through the date of this Indictment in the Northern
Districtof Ohio Western Division and elsewhere TAREK ELKAFRAWI and others knownto
theGrand Jury havingdevised and intending to devise a scheme and artifice to defraud the Ohio
Bureau of WorkersCompensation (BWe) a health care benefit program as defined in Title 18
4) lL44Hl4 WIUL NIW~
Case 312-cr-00262-DAK Doc 1 Filed 052212 34 of 65 PagelD 34
34
United StatesCode Section 24(b) of moneyby meansof materially false representations and
promises that wasand is in connection with the payment for healthcare benefits items and
services did knowingly and willfully execute the aforesaidscheme
In violation of Title 18 United States Code Sections 1347and 2
CoUNT12
(Health Care Fraud Title 18USC Sections 1347and 2)
The Orand Jut)I further charges that
130 The allegations contained in paragraphs Imiddot] 6 and 18-]02 of this Indictmentare reshy
alleged and hereby incorporated by reference as iffulJy set forth herein
13 l Usingthe methods described in Paragraphs 60-78 TAREK ELKAFRAWI and
others knownto the Orand Jury submitted fraudulent reports to BWe resulting in awe
undercharging the Central IHOP
132 From onor about February 28 2005 through the date of this Indictment in the
Northern Districtof Ohio Westem Division and elsewhere TAREKELKAFRAWI and others
known to the Grand Juryhavingdevisedand intending to devisea scheme and artifice to defraud
the Ohio Bureau of Workers Compensation (BWC) a health care benefitprogram as defined in
Title 18 United States CodeSection24(b) of money by means ofmaterially false
representations and promises that was and Is in connection with the paymentfor health care
benefits items and services did knowingly and willfully executethe aforesaid scheme
In vioJation of Title 18 United States Code Sections 1347and 2
41 I~4411~4 WIUL N~W~
Case 312middotcr-00262middotDAK Doc 1 Filed 052212 35 of 65 pagelO 35
3S
COUNT 13
(HealthCare Fraud Title 18 USC Sections 1347 and 2)
The Grand Jury furtherchargesthat
133The allegationscontained in paragraphs 1middot16 and 18middot102 of this Indictment are reshy
alleged and herebyincorporated by reference 8$ if fullyset forth herein
134 Using the methodsdescribed in Paragraphs 6Q78 TAREK ELKAFRAWI and
others known to the GrandJury submitted fraudulent reports to awc resulting in awe
undercharging the Perrysburg JHOP
135 From on or about August 30 2005 through the date ofthis Indictment in the
Northern District of Ohio Western Division and elsewhere TAREK ELKAFRAWI and others
known to the GrandJury having devised and intending to devise a scheme and artifice to defraud
the Ohio Bureauof WorkersCompensation(BWC) a health care benefit program as defined in
Title 18 United States Code Section 24(b) of money by means of materially false
representations and promises that was and is in cenneetlon with the payment for health care
benefits items and services did knowinglyand willfullyexecute the aforesaid scheme
In violationofTitle 18United StatesCode Sections 1347 and 2
COUNTS 14-17
(Mail Fraud Title 18 USC Section J341)
The Grand Jury furthercharges that
136 The allegations containedin paragraphs 1-16 and 18middot102 of this Indictmentare reshy
alleged and hereby incorporatedby referenceas if fully set forth herein
131 Fromon or about January 30 20ll through on or about April 10201 I in the
Northern District of Ohio Western Division and elsewhere Defendants TAREK ELKAFRAWI
PAGE 061lbWIDe NEWS~b1L32012 1149
Case 312-cr-00262-DAK Doc 1 Filed 052212 36 of 65 PagelD 36
36
and TAREK EIDOMARdevised and intended to devisea scheme and artifice to deframiddotud and to
obtain moneyfrom THOP Corporate by meansof materially false and fraudulent pretenses
representations and promises
MANNER AND MEANS
(t was part of the schemeand artifice that
]38 Using the methods described in Paragraphs 46-54 and 71-78 TAREK ELKAFRAWI
and TAREK EIDOMARmanipulated the SABLE Pointof Sale system to fraudulently report
debits and charges in order to hide the removal of cashdirectly from the Evansville IHOP
TAREK EID OMARat the direction of TAREKELKAFRAWI would then producea fraudulent
PampL report and mail it using the United States PostalService to provide that report to
Management Services in Wichita Falls Texas
139 Onor about each ofthe dates set forth below in the Northern District of Ohio
Western Division andelsewhere for the purpose ofexecutingand attempting to executethe
above described scheme and artifice to defraudTAREK ELKAFRAWI and TAREK EID OMAR
knowingly caused to be placed into any post office or authorized depository for mail matterany
matteror thingto besent and delivered by the US Postal Services and caused to be deposited any
matter to be sent or delivered by privateand commercial interstatecarrier the following matter
from Toledo Ohioand Evansville Indianato WichitaFallsTexas each mailingconstituting a
separate count
COUNT 14
Mm SENDER MAIL MAUER
January 302011 TAREK EID OMAR PampL report
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37
COUNT 15
February14 2011 TAREK BID OMAR PampL report
COUNT 16
March 28 20II TAREKEID OMAR PampL report
COUNT 17
April 102011 TAREK EJD OMAR PampL report
All in violation ofTitle 18UnitedStates Code Sections 341 and 2
COUNT 18
(Use of Fire to Commit a Felony Title 18 USC Sections 844(h) and 2)
TheGrand Jury further charges that
140The allegations contained in paragraphs 1-16 and 18-102 ofthis Indictmentarc reshy
alleged and hereby incorporatedby reference as if fully set forth herein
141On or about August 10 and II 2008 [n the Northern Districtof Ohio Westem
DivisionTAREK ELKAFRAWI and JOSE LEON-GONZALEZ knowingly used fire to commit
Mail Fraud a felony prosecutable in a court of the United States
In violation ofTitle 18 United States Code Sections 844(h) and 2
COUNTl2
(Malicious Use of Fire Title 18 USC Sections 844(i) and 2)
The Grand Jury further charges that
142 The allegations contained in paragraphs 1-16and 18-102 ofthls Indictmentare reo
alleged and hereby incorporated by reference as if fully set forth herein
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38
143 On or about August 10and II 2008 in the Northern District of Ohio Western
Division TAREK ELKAFRAWIand JOSE LEON-GONZALEZ maliciously damaged bymeans
of fire and explosivematerialsa buildinglocated at 7777 Countymiddot Road 136 Findlay Ohio used
in interstatecommerce
In violation of Title 18 UnitedStates Code Sections 844(i) and 2
coUNtS 0-28
(Mail FraudTitle] 8 USCSection 1341)
The Grand Jury furthercharges that
144 The allegations containedin paragraphs 1-16and I8-102 of this lndictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
145 Fromapproximately the month of July 2008 the exact date unknownto the Grand
Jury through On or about October 27 2009 in the Northern District of Ohio Western Division
and elsewhereTAREK ELKAFRAWI devisedand intended to devise 8 scheme and artifice to
defraudFarmers InsW1J1ce Group and to obtain moneyand property by meansof false and
fraudulent pretenses representations and promises
146 It was part of the schemeand artificeto defraud that TAREK ELKAFRAWI would
submit traudulent invoices to FarmersInsuranceGroup under PolicyNumber 602926772 for
work that was not performed or performed at a lower invoice
147It was a furtherpart of the scheme and artifice that TAREK ELKAFRAWI submitted
claims forpayroll costs that were completely illusorybecause the requested claimswere for
periods the restaurant was closed and had no employees
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39
148 It was a furtherpart of the sc erne and artifice that all checks were sent directly to
TAREKELKAFRAWI at the Terry Elk G~OUP not the Findlay lHOP
149On or about each of the dates bet forth below in the Northern District of Ohio
Western Division and elsewhere for the Jurpose of executing and attempting to execute the
above described scheme and artifice to delud TAREK ELKAFRAWI knowinglycaused to be
placed into any post office or authorized dlpository for mail matterany matter or thing to be sentI
and dellvered by the US Postal Service Jd caused to be deposited any matter to be sent or
delivered by private and commercial inters~te carrier the following matter from the state of
Illinois to Toledo Ohio each mailingcon~itUting a separate count
October 17 2008
October22 2008
January 262009
October21 2009
September22 2008
January 26 2009
SENDER
Fanners Insurance
Farmers Insurance
Farmers Insurance
Farmers Insurance
FarmersInsurance
Farmers Inswance
CO 20
M61LMAmR
$S5947S 1check to Terry Elk Group
21
I $45581367 check to Terry Elk Group
~ I $24444302 check to Terry Elk Group
~ I $2262384 check to Terry Elk Group
bOUNTM
I $2500000 check to Terry Elk Croup
~ $15684795 check to Terry Elk Group
PAGE 1015WTOL NEWS05232012 1149 4192447104
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40
COUNT 26
October ~ I 2009 Farmers Insurance $4285205 check to Terry Elk Group
COUNT 27
February 172009 Farmers Insurance $20867200check to Terry Elk Group
COUNT 21
October 27 2009 FarmersInsurance $15226400 check to Terry Elk Group
All in violationofTitle 18 United States Code Section 1341
COUNT 29
(Aggravated IdentityTheft Title 18 USC Section 1028A and 2)
The OrandJury furthercharges that
ISO The allegations contained in paragraphs 1-16and 18~102 of this Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
J51 Onorabout October9 2007 in the Northem District of9hlo Western Division
TAREK ELKAFRAWI did knowinglyuse without lawftllauthority a means of identification of
another personduring and in relation to the commission ofWire Fraud a violation ofride 18
United States Code Section 1343
In violation of Title 18 United States Code Sections I028A(a)(1) and 2
CQVNT30
(Aggravated Identity Theft T~tle is USC Section l028A and 2)
The Grand Jury further charges that
152 The allegations eontained in paragraphs 1-16 and 18-102 of this Indictment are reshy
alleged and hereby incorporated by reference as if fully set forth herein
05232012 1149 4192447104 WTOL NEWS PAGE 111 5
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41
153 On or about May 192008 in the Northern District of Ohio Western Division
TAREK ELKAFRAWIdid knowingly use without lawfulauthoritya means of identification of
another personduringand in relation to the commission of Wire Fraud a violation ofTitle 1g
United StatesCodeSection I~43
In violation of TitJe J8 UnitedStates Code Sections 1028A(a)(I) and 2
COUNT31
(Aggravated IdentityTheftTitle 18USC Section J028A and 2)
The Orand Jury furthercharges that
154 The allegations contained in paragraphs 1-l6- and 18middot102 of this Indictment are reshy
alleged and herebyincorporated by reference as if fully set forth herein
155 On or aboutJuly 132Q09 in the Northern District of Ohio Western Division
TAREK ELKAFRAWIj did knowingly use without lawfuJ authority a means of identification of
another personduring and in relation to the commission of Wire Fraud a violation of Title 18
United StatesCodeSection 1343
In violationofTitle 18 United States Code Sections 1028A(aXl) and 2
COlNT32
(Aggravated IdentityTheft Title 18USC Sectlon J028A and 2)
The Grand Jury furthercharges that
J56 Theallegations contained in paragraphs1-16and 184 J02 of this Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
157On or about May3l 2009 in theNorthern Districtof Ohio Western Division
TAREK ELKAFRAWI did knOWingly use without lawful authoritya means of identification of
OS232012 1149 4192447104 WTOL NEWS
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42
another person during and in relation to the commission of Wire Fraud a violation of Title 18
United States Code Section 1343
In violation ofTitle 18 United States Code Sections 1028A(a)(I) and 2
COUNT 33
(Aggravated Identity Theft Title 18 UsC Section l028A and 2)
The GrandJury further charges that
138 The allegationscontainedin paragraphs 1-16 and 18-]02 of this Indictment are reshy
alleged and herebyincorporated by reference as if fullyset forth herein
159 On or about October 22008 in the Northern District of Ohio Westem Division
TAREK ELKAFRAWI did knowingly use without lawfulauthority a means of identification of
another personduring and in relation to the commission of Wire Fraud a violationof Title 18
United States Code Section 1343
In violationof TItle ]8 United States Code Sections 1028A(a)(I) and 2
CQVNT34 (Aggravated IdentityTheft Title 18 USC Section 1028A and 2)
The Grand Jury furtherchargesthat
160 The allegationscontained in paragraphs 1-16and 18-102ofthis Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
16t Onor about January27 2008 in the Northern District of Ohio WesternDivision
TAREK ELKAFRAWI did knowinglyuse without lawfulauthority a means of identification of
anotherpersonduringand in relation to the commissionofWire Fraud a violation ofTitJe 18
United States Code Section 1343
In violation of Title 18United States Code Sections l028A(a)(1) and 2
I I
WTOL NEWS PAGE 13115OS232012 1149 4192447104 I
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43
COUNT 35 (AggravatedIdentityTheft Title 18USC Section 1028A and 2)
The Grand Jury further charges that
162The allegations contained in paragraphs I-16 and 18-102 of this Indictment are reshy
alleged and herebyincorporated by reference as jf fully set forth herein
163On or about March 72009 in the NorthernDistrict of Ohio Western Division
TAREK ELKAFRAWI and KHALED YOUSEF did knowinglyuse without lawful authority a
means of identification of another personduringand in relation to the commission of Wire Fraud
a violation of Title 18 United States Code Section 1343
In violationof Title 18 United States Code Sections 1028A(a)(1)and 2
COUNT 36
(Aggravated IdentityTheft Title 18 USC Section 1028Aand 2)
The GrandJury further charges that
164 The allegations contained in paragraphs 1-16 and 18-102 of this Indictmentare reshy
allegedand hereby incorporated byreferenceas if fully set forth herein
16S On or about March tS 2009 in the Northern District of Ohio Western Division
TAREK ELKAFRAWI and KHALED YOUSEF did knowinglyuse without lawful authority a
means of identification of another person duringand in relation to the commission of WireFraud
a violation of Title 18United States Code Section 1343
In violation ofTitle 18United States Code Sections l028A(a)(1) and 2
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44
COUNT 37
(Aggravated Identity The~ Title 18 USC Section l028A and 2)
The GrandJury further charges that
166 Theallegations contained in paragraphs 1-16 and 18-] 02 of this Indictment are reshy
alleged and hereby incorporated byreference as if fully set forth herein
167 On or aboutJuly 21 2009 in the Northern District of Ohio Western Division
TAREK ELKAfRAWI and RAMIZAWWAO did knowingly use without lawful authority a
means of identification of anotherperson duringand in relation to the commission of WireFraud
a violation of Title 18United States Code Section 1343
In violation ofTitle 18 UnitedStates Code Sections l028A(a)(1) and 2
cOUNT38
(Aggravated Identity TheftTitle 18 USC Section 1028A and 2)
The Grand Juryfurthercharges that
168Theallegations contained in paragraphs 1-16 and t8-102 of this Indictment are reshy
alleged and hereby incorporated by reference 8S if fully set forth herein
169 On or about July 132009 in the NorthernDistrict ofOhio WesternDivision
TAREK ELKAFRAWIand IAMIL MOHAMMED AWWAD did knowingly use withoutlawful
authority a meansof identification of another person during and in relation to the commission of
Wire Fraud a violation ofTitle 18 United States Code Section 1343
In violation of Title 18 United States CodeSections l028A(a)(1) and 2
11 4l 41 l~44 IUl4 WIUL NIWl
Case 312-cr-00262-DAK Doc 1 Filed 0522112 45 of 65 PagelD 45
45
COUNT 39
(Identity Theftt Title 18 USC Sections 1028 and 2)
The Grand Jury further charges that
170 The allegationscontained in paragraphs 1-16 and 18-102 of this Indictment are reshy
alleged and hereby incorporated by reference as if fully set forth herein
171 On or about December132010 in the Northern District orOhio Western Division
TAREKELKAFRAWI and DONNA J HARRIOTTt did knowingly use in or affectinginterstate
or foreigncommerce without lawful authority a means of identification ofanother person to wit
s social securitynumber and date of birth with the intent to commit or to aid or abet or in
connectionwith any unlawful activitythat constitutes Wire Fraud 8 violation of 18USC
sect1343 and the offense involved the useof an authentication feature that is or appears to be an
identification document or authentication feature issued by Or under the authority of the United
States
All in violation ofTitle 1St United States Code Sections 1028(a)() (b)(l )(A)(l) and (f)
and 2
COUNI40
(Identity Theft Title 18USCbull Sections 1028and 2)
TheGrand Juryfurther chargesthat
172The allegationscontained in paragraphs 1-16 and J8middot102 of this Indictment are reo
allegedand hereby incorporated by referenceas if fully set forth herein
173On or about May42010 in the Northern District ofOhio Western Division
TAREK ELKAFRAWI and SARA RINEBOLT did knowingly use in or affecting interstate or
middot
Case 31Z-cr-OQ262-DAK Doc 1 Filed 052212 15 of 65 PagelD lS
]5
recorded at the IHOP Corporate level so money that would otherwise have triggered the payment
of taxes or franchise feeswas kept by TAREK ELKAFRAWI as unreported income
52 TAREK ELKAFRAWI MKand TAREK EID OMARalso manipulated the
reporting of sales through the use of coupons When a customer paid in cash the store manager
was directed to use a store coupon to reduce the ticket or void the sale completely Therefore the
difference betweenthe reduction or void was not reflected in the final sale total and could be
taken by management as unreported income Accordingly TAREKELKAFRAwr MK and
TAREK EID OMARdirected their managers to use cash sales transactions to realize unreported
incomebull
53 ~AREK ELKAFRAWIand TAREK BIDOMAR manipulated the SABLE systemin
the Evansvillerestaurantmuch morebrazenlythan in theToledo-arearestaurants because of
certain exploitablecharacteristics of the SABLEsystem
54 Manipulations also affected employees salaries Starting in 2004 and continuing
through the present TAREK ELJltAFRAWI MK and TAREK ErO OMARdirected managers
to automatically deduct30 minutes fromalmost every employees time card daily in the Pointof
Sale systemsusing the BmiddotSO1 programs ability to edit entries
Manipulatiag Profit and Loss Statemenl$
55 The goal of these schemeswas to divert money from the restaurants actual gross
income into the personal accounts ofTAREK ELKAFRAWI and MK as unreported and
untaxed income As part of the schemeto laundermoney and evade federal state and local
taxes TAREK ELKAFRAWIMKbull KMand TAREK EID OMAR also directedaccountants
=iMlN nlM
PAGE 0115OS232012 1144 4192447104 WTOL NEWS I
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16
and bookkeepers to manipulatethe profit and loss statements (hereinafterPampLs) and balance
sheets for their various corporations
56 A PampL is a physical or electronic documentdetalHng how a corporations gross
income is transformed into the net income It displays the reported gross income for a specific
period oftime and the costs and expenses charged against this income The purpose is to show
interestedpartieswhetherthe corporation lost Or made money The accountants created the PampL
statements using data providedby TAREK ELKAFRAWI and MK and relied on those PampLs to
filecorporate taxes
57 That data wasculled from various sources MK helped create the PampLspreadsheets
by providing the documents to the managersand then received the completed weekly
spreadsheets via email Upon receiving the PampL spreadsheets the restaurant managers added in
reported total sales laborcosts for the staff invoicesfor food and supplies food discountsand
manager voids However the managers salaries end the restaurants rent expenses were entered
in the spreadsheet by MK and could not be altered by other employees Included in the
spreadsheetportioncreated by MK were some budgetary lines containing debits for categories
that simply did not exist as businessexpenses Thenumbers provided by MK were inflated
For example the LimaIHOP PampLlisted a gross total ofapproximately$ ]500 per week for
managers salaries However the number that MK entered into the PampL for managers salary
was $2100 per week Likewise the amount paid in rent was consistently inflated in excessof
actual rent payments for the tHOP restaurants The spreadsheets were then submitted to the
accountantswho created the PampL TAREK ELKAFRAWI reviewed the final PampL and made
revisions to further hide his efforts to divert profits
41l44flI14 WIUL NcW~
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17
58 Byknowingly entering inaccurate infonnation into the PampLs TAREK ELKAFRAWI
MK KM and the store managersactingat their direction in effect manipulated the tax
burden levied on their corporation byfederal state and local governments
59 Furthermore as II result of the PampLmanipulation the net profits Were artificially
deflated to minimize the amount of royalties and rent paid to IHOP Corporate
Defrauding Worken Compensation
60 Beginning in approximately2003 TAREK ELKAFRAWI MK and KM set up
various schemes to defraud BWC and lowerthe amount they had to pay into the Workers
Compensation system BWCpayments helpcover the cost of injuries to employees whoare hurt
on the job and functions as a ferm of insurance for a company The percentageof wagespaid by
the employerare relatedto the type of business a companydoes the number of employees the
number of claims in prior reporting periodsand other factors to arrive at a semi-annual figure
owed by a company
61 From 2004 to the present TAREK ELKAFRAWIand MK manipulated some of the
factors used by awe to determine an employers premiumsfor its employees For instance
since managers premiumsare calculated at a higher rate because their salaries are greaterthan
other employees TAREKELKAFRAWI MK and KM devised a scheme to lower manager
reporting to zero(0) likewise a cooks premium would be calculated at a higher rate because
they work in moredangerous situations thanwaitresses TAREK ELKAFRAWI MK and
KM developedwaysto manipulate the reporting ofemployees average weekly salaries Also
although overtime and tips are calculated by BWCTAREK ELKAFRAWI MK and KM
WIUL NtW~41 j~441~4~o~~pound~l~ 1144
Case 312-cr-OD262middotDAK Doc 1 Filed 052212 18 of 65 PagelD 18
18
deviseda schemeto avoid includingthose two factors in the final equation to fraudulently
understate premiums owed to awe
62 During2004 MK and KM submitted the semi-annual reports in person at the
Toledo office ofBWC The paymentswere made via check which triggered an electronic funds
transfer from IHOP bank accounts to BWe accounts In 2005 awc switched to an electronic
filing system
63 MK directedKM to use the averageof the lowest weekly payroll to calculatethe
semi-annual wage figure despite the fact that Bwe regulations required an average ofall weekly
wage figures for the reporting period By submitting only an average of the lowest weeks
TAREK ELKAFRAWI MK and KM deflatedthe wage figure
64 To further depress the numbers MK told KM to omit the salaries ofmanagers and
tips and then deductmore from the total Generally this manipulationdecreased the final wage
figure by an additional twenty percent(20)
6 From 2004 to the date of this indictment TAREK ELKAFRAWI was made awareof
the paymentfigure regardless of who filed the form and directed each paymentto be lower than
the previousone
66 DespiteTAREK ELKAFRAWls seeminglyarbitrarY calculus this reportingfigure
could be audited by awe The department required all businesses to file a Form 941 which
listed employees wages and taxes paid every90 days for the purpose ofpaying federal taxes
67 The Fonn 941 was created for BWC using Profit and Loss sheets MICROS and
payrollrecordsand was generally consistentwith those documents
WTOL NEWS PAGE 0415OS232012 1144 4192447104
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19
68 During an audit BWe could request the Form 941 and compare those numbers with
the numbers provided to awe
69 Between 2004 and 2009 KM received noticesof Bwes intention to audit various
Toledo IHOP locations Each timea notice was receivedKM TAREK ELKAFRAWI and
MK simplyignored it Threeof the auditswere never perfonned by BWC
70 BWe did audit the Findlay IHOP in 2007 fora two-year period Originally it was
determined that the restaurant owed over $55)000 in unpaidawe premiumsfor that timeperiod
71 In orderto avoid paying these premiums KM amendedtherestaurant)s worksheet
deletingmanagersnames from the list of employees and fraudulently listing the managers 8S
officersof the corporation that owned Findlayand therefore we~ exempt from payingworkers
compensation premiums However the Articles of Incorporation were not changed to list these
managers as corporate officers
72 Bymaking this change at the direction ofTAREK ELKAfiRAWI KM reportedly
reduced the amount of premiums owed awe to approximately i35000 When AunrMN LEE
TANGAS learned of thisscheme rather than reporting it to IHOP Corporate either the crime or
the addition of newofficersas required by corporate policy she told KM Youjust saved
TAREKs a-
73 In 2007 in response to the auditTAREKELKAFRAWI MK and KMcreated the
Terry Elk Group all managers weretransferred to that company and put on its payroll The
Terry Elk Group was created byKM at thedirection ofTAREK ELKAFRAWIto further
minimize payments to awe
PAGE 05 5WTOL NEWSOS232012 1144 41g2447104
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20
74 Although each of the seven identifiedmop restaurants transferred money to the
Terry Elk Groupto pay salaries for managers the Terry Elk Group never paid awe taxes
75 TAREK ELKAFRAWIand MK were officers of the Terry Elk Group and TAREK
ELKAFRAWland AUTUMN LEETANGAS both told KM that this was a great solution to
avoid payingBWC
76 The falsification of recordsand thecreation of the Terry Elk Group resulted in an
underpaymentofapproximately S2S0OOO to BWe
Document FJ1lud
77 TAREK ELKAFRAWI MK and TAREK EID OMAR further manipulated the
accounts of the IHOPrestaurants in order to laundermoney through false payouts and
fraudulentlyreported transactions
78 TAREK ELKAFRAWI MKand TAREK EID OMAR used a system of payouts
in the fonn of paper receipts deposited in the cash registers to reflect further unreported cash
withdrawals While these receipts were ostensibly for occasional items such as landscaping
charges extra food ingredients or supplies jn reality most payouts were not for services
rendered but weremerely cash withdrawals TAREK ELKAFRAWI MK and TAREK EID
OMAR directed managers to create payout slips to cover cash withdmwals and use the payout
slips to justify the withdrawals as business expenses to the accountants
Insurance Fraud
79 In 2008 the Findlay IHOP burned as a result of arson The fire was intentionally
started by JOSE LEON-GONZALEZ and individuals unknown to the Grand Juryat the direction
PAGE El6 5 WTOL NEWSOS232012 1144
Case 312-cr-00262-DAK Doc 1 Filed 0522112 21 of 65 PagelD 21
21
and orderofTAREK ELKAFRAWI and MK to facilitate insurance fraud schemes by TAREK
ELKAFRAWI
80 TAREK ELKAFRAWIsubmitted approximately $136million in fraudulent
insurance claims for firedamage to the restaurant The receipts submitted to the insurance
company reflected overcharges charges for work never doneworkdone at artificially inflated
prices and for fraudulent payroll claimsand lost income Additionally TAREK ELKAFRA WI
created wholly fictitious invoices and diverted thosepayments to his personal use
Rebate Fraud
81 TAREK ELKAFRAWIandMK used a varietyofadditional accounting
manipulations to affect the franchises balancesheets For example TAREKELKAFRAWI
often personally received rebate checks from food and beverage vendors reflecting the large
amountsofmoneyspent with theircompanies Thesechecksweremailed directly to TAREK
ELKAFRAWIs homes in Toledo and Evansville ratherthan delivered to the intended restaurant
The amounts were substantial Tropicanas annual rebate was approximately $12000 Cocashy
Colas annual rebate was approximately $7500 US Foods annual rebate was approximately
$80000 and Pepsis annual rebatewasapproximately S55000 From2004 to the date oftbis
indictment the total amount of rebate payments received by TAREK ELKAFRAWI exceeded
SIIOOOOO
82Before 2005TAREK ELKAFRAWI simplyused this money for personal expenses
However after 2005 TAREK ELKAFRAWIoccasionally reinvested the rebate money into the
franchises as a loan from officer
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22
83 Under this scheme TAREK ELJltAFRAWI was essentiallyclaimingthe corporations
money for himself8Jld loaning it back to the businesswhilenot reporting the rebate money as
personal income This generated an additional unwarranted liability for the corporation receiving
the loan while TAREK ELKAFRAWI would take a personal loss on his taxesfor the unpaid
loan Thus the overall tax liability for the company and for TAREK ELKAFRAWI was
fraudulently lowered
Other Schemes to Defraud
84 Thebalance sheet was also affectedby claimingremodelingcosts as a liability instead
of an asset IHOP Corporatemandated that each restaurant be remodeled every five years Per
JHOP Corporate policy this costs a franchise approximately $70000 Under standard
accountingpractices this remodel should be considered an appreciation However TAREK
ELKAFRAWI regularly directed the accountants to claimthis expense as repair and
maintenance considered a liability
85 In September2010 ManagementServices the accountantsused by TAREK
ELKAFRAWI questioned a $40000 remodelingof the Evansville restaurant completedin 2007
TAREK ELKAFRAWI lied to the accountantsthat the $40000was a personal loan from a
businesspartner Management Services then issuedcheckstotaling $40000 to the business
partner TAREK ELKAFRAWI took these checks for his own purposes
86 TAREK ELKAFRAWI also used the restaurants to obtain loans that he would
otherwisenot beable to secure TAREK ELKAFRAWIapplied for loans using well-performing
IHOP restaurants as collateral for the loans then used those loans to pay for improvements on his
other (HOPrestaurants
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23
87 The improperbenefitreceived arose from the fact that each restaurant is an
independent corporation Knowing that certainIHOP restaurants such as Findlay would be
unable to securea loanTAREK ELKAFRAWIwould apply for a loan using a corporation for a
healthyrestaurant likeLima Once he hadsecured that loan he wouJd use the money on the
unqualified restaurant
88 Thusthe healthy restaurant wouJd cany a loss in the form of an outstanding loan on
its books lowering its tax liabilities while the other restaurantenjoyed the use of the loan
without having to report the transferof funds as profit
89 TAREKELKAFRAWI furtherusedschemes to transfer moneyobtained from IHOP
Corporate intended to benefitone restaurant to the use of another restaurant or directly to
himself
90 Forinstance advertising and marketing revenue would be used byTAREK
ELKAFRAWIand MK in a mannersimilar to the rebate checks In 2007 TAREK
ELKAFRAWIsubmitted a fraudulent invoicereflecting the purchase of an advertising sign for
CentrallHOP for$13500when in facthe only spent $3500 on the sign He receiveda check
fromIHOPCorporate for $13500and pocketed the difference TAREK ELiltAFRAWI
thereafterreported the remaining $ J0000 as a loan ftom officer and not taxable income
9Jbull TAREK ELKAFRAWI and MK also used the CentraliHOPs advertising budget
provided by li-fOP Corporate to pay for all of the northwest Ohio ]HOPs marketing They
would inflateCentrals invoice with the Invoices for the five other restaurantsand then send that
aggregate invoice to HOP Corporate
PAGE 091 505232012 1144 4192447104 WTOL NEWS
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24
MediearelWelfarerrax Fraud
92 TAREK ELKAFRAWI MK and TAREKEID OMAR together and separately
devised schemesto personaltycollectmedical and welfarebenefits for which they did not
qualifyand sanctioned employees to do so as well
93 Using an alternate identity MK split his salary between two paychecks creating a
lower reportableincomefor each identity Usingthese dual identities MK has to date claimed
approximately $140000 in Medicaid paymentsand $35000 in food stamps and welfare benefits
from the State of Ohio
94 To further these schemesTAREK ELKAFRAWI and MK created a false property
management companythrough which MK paid rent to TAREK ELKAFRAWI in order to
show less income BothTAREK ELKAFRAWIand MK created and submitted false payroll
checks and financial documentsto support the fraudulent claims
95 TAREK ELKAFRAWI and MK also sanctionedand encouraged employees to file
fraudulent claims KHALED YOUSEF TAREK EID O~ RAMIZ AWWAD and JAMIL
MOHAMMED AWWAD were told by TAREK ELKAFRAWI and MK how to minimizetheir
payrollearnings throughthe use of multipleidentities in order to claim benefits TAREK
ELKAFRAWI toldTAREK EID OMARto eitherstart fraudulently claiming welfare or quit
having children
96 These manipulations to income revenue and payroll were reflectedin erroneousand
fraudulent tax statements to the Internal RevenueService TAREK ELKAFRAW1 directed
accountants to file his personal and corporate lax returns based on this fraudulent information in
an attempt to minimize and obscure his true incomeand tax liabilities
PAGE 10 5WTOL NEWS4192447104OS232012 1144
Case 312-cr-00262-DAK Doc 1 Filed 052212 25 of 65 PagelD 25
25
Money Laundering Schemes
97 Inorder to hideandconceal thesourceof the proceedsof the wire fraud schemes
TAREK ELKAFRAWI KELLY ELKAFRAWI MK and TAREK EID OMAR engaged in real
estatetransactions
98 TAREK ELKAFRAWI loaned TAREKEID OMARand previous Evansville mop
managers YS andAA approximately S50OOO to purchase a gas station in Evansville Indiana
usingfunds derived solely from TAREK ELKAFRAWrs rnop franchises
99 To conceal the source and nature of the funds used to purchasethe gas station located
at 600North Burkhardt Road Evansville Indiana TAREK ELKAFRAWI transferred
approximately SSOOOO to TAREK EIDOMAR Y S and AAwhich theyused to purchase the
gasstation
100Using laundered assets fromthe IHOP restaurants TAREK ELKAFRAWI and
KELLY ELKAFRAWI purchased homes at l0400 Tecumseh Drive Newburgh Indiana and
J4745 Prairie Lake Drive Toledo Ohio
101 Likewise MK purchased the following properties using funds from bankaccounts
in his various names 2510 Live Oak Road Sylvania Ohio 4027 Meadowgreen DriveSylvania
Ohio 7129 Sandy Springs Road Maumee Ohio and4837 SpringbrookDriveToledo Ohio
The funds were proceeds of the fraudulent schemes
102 Finally from 2004to the date of this indictment TAREK ELKAFRAWIsent
proceeds of fraudulent IHOP transactions overseas by carrying them on his person usingbank
acccunts ownedandcontrolled byTAREKEIDOMARand others knownto the Orand Juryand
using Western Union accounts operated by TAREK EIDOMARand SM (not charged in this
41 1pound44 (1~4 WIUL N~W~
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26
indictment) Those funds have been used in part to purchase real estate and to make investments
in Egypt
All in violation of Title 18 United States Code Section I956(h)
COVNTl
(Conspiracy to HarborAliens Title 8 UsC Sections t324(a)(l)(AXiii) and I324(a)(1)(AXv)(I)
The Orand Jury furthercharges that
I03 Paragraphs 1-16and 18-I02 are re-alleged and hereby incorporated by referenceas if
fully set forth herein
104 From at least as early as January2004 the exact date to the Grand Jury unknown
through at least December31 2011 in the Northern District of Ohio Western Division and
elsewhere the DefendantsTAREK ELKAFRAWI KELLY ELKAFRAWI AU11JMN LEE
TANGAS MK JOSE LEONmiddotGONZALEZ aka Jose Leon aka Jose Vargas aka Juan Vargas
aka Edwin MartelTAREK ElD OMAR CARLOS GAMBOA KHALED YOUSEF RAMIZ
AWWAD aka Ray JAMIL MOHAMMAD AWWAD KHALIL ABOUDAKKA MAHMOUD
ALI MOHAMED HASSANDONNAJ HARRIOIT LUCKY WILLIAMS and CESAR
AVILA did knowingly and intentionally combine conspire and confederate with each other and
with others known and unknown to the Grand Jury to conceal harbor and shield from detection
one or more aliens namely FJV-PJOSE LEON-GONZALEZ aka lose Leon aka Jose Vargas
aka Juan Vargas aka Edwin Martel MT-C C V V-A S L CESAR AVILA CARLOS
GAMBOAE M A M A G F G J LNU J LNU and approximately two hundred other
aliens known to the Grand Jury In several buildings including but not limited to the Perrysburg
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27
Findlay Lima Airport Highway Central Talmadge and Evansville JHOPs as wellas 801 Hiltop
and 4020 RoyerRoad in ToledoOhio knowingand in recklessdisregard of the fact that the
aUen(s) had cometo entered and-remained in the United States In violation of law
A) 11 waspart of the conspiracy that the managers of (HOP restaurants
would hire undocumented aliens to workat the mops after clearingthe
hires with MK or TAREKELKAFRAWI
B) It was further part ofthe conspiracy that undocumented aliens would be
paid in cashuntil theyobtained fraudulent immigration and workdocuments
C) It was funher part of the conspiracy that co-conspirators sometimes would
assist the aliensin finding lodging and in cashing checksat the mop
or bankinginstitutions
D) It was further part oCthe conspiracy that undocumented aliens often would
be paid usinga fake name Or check name
E) It was further part of the conspiracy that the undocumented aliens sometimes
would be transported to other HOP restawant locations to work
F) It was further part ofthe conspiracy that co-conspirators sometimes would
assign to the undocumented aliens the socialsecurity numbers and personal identifierS of
former employees to shield the illegalworkers from discovery
All in violation of Title 8 United States Code Sections 1324(a)(l)(A)(iii) and
1324(a)(1 )(A)(v)(I)~
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28
WVNTS3~7
(Mail Fraud Title 18USCbull Section 1341)
The Grand Jury furthercharges that
t OS The allegatiens contained in paragraphs Imiddot16 and 18middot02 of this Indictment are reo
allegedand hereby incorporated by referenceas if fully set forth herein
106 From on or about August 192003 to the dateof this Indictment in the Northern
District or OhioWestern Division and elsewhere TAREK ELKAFRAWI AUTUMNLEE
TANGAS andMK (not charged in this Indictment) devisedand intended to devise a scheme
and artifice to defraud IHOPCorporateand to obtain money and property by meansof materially
false and fraudulent pretensesrepresentations and promises
MANNER AND MEANS
107It waspart of the scheme that TAREK ELKAFRAWI through the use of the
MICROS system knew that sales were obtainedby IHOP Corporate on 8 weeklybasis through an
automatic remote uploading ofdata TAREK ELKAFRAWI knew that IHOP Corporateused the
weeklynet sales figures to determine the weeklyroyalty and rent amount owed byeach franchise
likewisehe knewthat IHOPCorporatedid not examine the weekly deductions from grosssales
that resulted in the net sales figures
108 In fact prior to 2004 TAREK ELKAFRAWI receivedregular IHOP Corporate
reviewsof the operating expensesand balancesheets that showed the costs deducted from gross
sales reflected in net sales After AUlUMN LEETANGAS became FBC in 2004 such thorough
PAGE 14 5WTOL NEWSOS232012 1144 4192447104
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29
reviews ceased entirely TAREKELKAFRAWI thereafter devised various schemesto
manipulate the MICROS system in order to create lower-than actual weekly net sales
109Onesuch schemewas to simply tum the MICROS system otT so sales werenot
recorded
110Additionally TAREK ELKAFRAWI instructed his lHOP managers to voidsales
entirelyor to givesignificant discounts to tickets after the ticket had been paid for by thecustomer
and closed
11 J Othercosts chargedagainst grosssales includedunit promotions contests
maintenance andpayouts for whichno documentation was provided In fact these were cash
distributions toTAREK ELKAFRAWI and other employees representingunreported income
112TAREK ELKAFRAWI also woulddeposit rebatecheeks from vendors into the
CentrallHOP account however he would direct his accountants to reflect the deposit as a loan
from officer rather than as incomefrom a rebate This fraudulent representation created an
additional debt on the balance sheet of Central JHOP thus giving the appearancethat the
restaurantwas encumbered with debt and operating expenses and not profitable
1t3 Asa result of these schemes TAREK ELKAFRAWI created the appearance through
his weeklysalesfigures that the CentrallHOP store wasseverely underperforming
114 SInce 2007 TAREK ELKAFRAWI with the help of AUruMN LEETANGAS
applied for rentand royalty reliefpayments from IHOPCorporate Based on the fraudulent
weeklynet sales reports and the annual recommendation of AUlUMN LEE TANOASTAREK
ELKAFRAWIreceived approximately $2300 a week in rentas well as royaltyrelief from HOP
Corporate to which he otherwisewJ not entitled
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30
116 ThesereHefpayments werememorialized in annualcontractsamending the franchise
agreement for eachyear to retlect the newrelief payment agreement Thesecontracts were mailed
from mop Corporate headquarters in Glendale California to Toledo Ohio after the FBCand
RD memos were submitted and approved
117 Onor abouteach of the dates set forth below in the Northern District of Ohio
Western Division and elsewhere for the purpose of executing and attempting to execute the
abovedescribed scheme and artifice 10defraud DefendantsTAREK ELKAFRAWI and
AUTUMNLEE TANOAS knowingly caused to be placed into any post office or authorized
depository for mail matterany matteror thingto be sentand deliveredby the US Postal Service
and caused to be deposited any matterto be sent or delivered by privateand commercial interstate
carrier the following matterfrom Glendale California to Toledo Ohioeach mailing constituting
a separate count
COVNT3
~ SENDER MAJLMATIER
September 24 2007 IHOP Corporate mailing of Amended ReliefContract
COUNL4
June5 2008 IHOPCorporate mailing ofAmended ReliefContract
COUNTS
August 172009 lHOP Corporate mailing of Amended Relief Contract
CQUNT6
May 25 20)0 IHOP Corporate mailing of Amended Relief Contract
OS232012 1149 4192447104 WTOL NEWS PAGE 0115
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31
COuNT 7
May 162011 IHOPCorporate mailing of Amended Relief Contract
All in violation ofTitle l8 United States Code Section 1341
COUNTS
(Health Care FraudTitle 18 USC Sections 1347and 2)
The Grand Jury further charges that
118The allegations contained in 1-16and 18-102of this Indictment are re-allegedand
herebyincorporated byreferenceas if fullyset forth herein
119Using the methodsdescribed in Paragraphs 60-78 TAREK ELKAFRAWr and
others known to the Orand Jury submitted fraudulent reports to BWe resulting in BWe
undercbarging the Airport Highway IHOP
120 From on or about June 4 2004 to the date of this Indictment in the NorthernDistrict
of Ohio Western Division and elsewhere TAREK ELKAFRAWI and others known to the
Orand Jury having devised and intendingto devise B scheme and artifice to defraud the Ohio
Bureauof Workers Compensation (BWe) a healthcare benefit program as defined in Title 18
United States CodeSection24(b) of money by means ofmateriaJly false representations and
promises that was and is in connectionwith the paymentfor health care benefits items IUId
services did knowingly and willfully execute the aforesaid scheme
In violation of Title 18 UnitedStates Code Sections 1347and 2
PAGE 0215WTOL NEWSOS232012 1149 4192447104
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32
COLlNT9
(Health Care FraudTitle 18 USC Sections 1347and 2)
The Orand Jury further charges that
121 The allegations contained in paragraphs )-16 and 18102 of this Indictmentare reo
alleged and herebyincorporatedby reference as if fully set forth herein
122 Using the methodsdescribed in Paragraphs60-78 TAREK ELKAFRAWI and
others known to the Orand Jury submitted fraudulent reports to Bureau of Workers Compensation
(BWC)resulting in BWe undercharging theTalmadge IHOP
123 From on or about June 4 2004 to the date of this Indictment in the Northem District
ofOhio Western Divisionand elsewhere TAREK ELKAFRAWI and others known to the
Grand Jury having devised and intendingto devisea scheme and artifice to defraud the Ohio
awe a health carebenefit program as defined in Title )8 t United States CodeSection 24(b) of
moneyby means of materially false representations and promises that was and is in connection
with the paymentfor health care benefits hems and services did knowinglyand willfullyexecute
theaforesaid scheme
In violation of Title 18 UnitedStatesCode Sections 1347 and 2
CQUNTlll
(Health Care FraudTitle 18USC Sections 1347and 2)
The Orand Jury further charges that
124 Theallegations contained in paragraphs 1-16 and 18-102 of this Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
PAGE 0315WTOL NEWSOS232012 1149 4192447HI4
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33
125 Using themethods described in Paragraphs 60-78 TAREK ELKAFRAWI and
others known to the OrandJury submitted fraudulent reports to BWC resulting in BWC
undercharging the Lima IHOP
126 From on or about August 31 2007 through the date of this Indictment in the
Northern District of Ohio Western Divisionand elsewhereTAREK BLKAFRAWIand others
known to the GrandJury havingdevisedand intendingto devise a scheme and artifice to defraud
the Ohio Bureau of Workers Compensation (BWe) a health care benefit program as defined in
Title 18 United StatesCode Section24(b) of money by means of materially false
representations and promises that wasand is in connection with the payment for health care
benefits items and services did knowingly and willfullyexecute the aforesaid scheme
In violationof Title 18UnitedStates Code Sections 1347and 2
COUNT 11
(Health Care Fraud Title 18 USC Sections 1347and 2)
The Grand Jury furtherchargesthat
127The allegations contained in paragraphs 1-16and 18-102of this Indictment are reshy
allegedand herebyincorporated by reference as if fully set forth herein
128 Using the methods described in Paragraphs60-78 TAREK ELKAFRAWI and
others known to the OrandJury submitted fraudulent reports to Bwe resulting in awe
undercharging the Findlay IHOP
129 From on or aboutMay 102004 through the date of this Indictment in the Northern
Districtof Ohio Western Division and elsewhere TAREK ELKAFRAWI and others knownto
theGrand Jury havingdevised and intending to devise a scheme and artifice to defraud the Ohio
Bureau of WorkersCompensation (BWe) a health care benefit program as defined in Title 18
4) lL44Hl4 WIUL NIW~
Case 312-cr-00262-DAK Doc 1 Filed 052212 34 of 65 PagelD 34
34
United StatesCode Section 24(b) of moneyby meansof materially false representations and
promises that wasand is in connection with the payment for healthcare benefits items and
services did knowingly and willfully execute the aforesaidscheme
In violation of Title 18 United States Code Sections 1347and 2
CoUNT12
(Health Care Fraud Title 18USC Sections 1347and 2)
The Orand Jut)I further charges that
130 The allegations contained in paragraphs Imiddot] 6 and 18-]02 of this Indictmentare reshy
alleged and hereby incorporated by reference as iffulJy set forth herein
13 l Usingthe methods described in Paragraphs 60-78 TAREK ELKAFRAWI and
others knownto the Orand Jury submitted fraudulent reports to BWe resulting in awe
undercharging the Central IHOP
132 From onor about February 28 2005 through the date of this Indictment in the
Northern Districtof Ohio Westem Division and elsewhere TAREKELKAFRAWI and others
known to the Grand Juryhavingdevisedand intending to devisea scheme and artifice to defraud
the Ohio Bureau of Workers Compensation (BWC) a health care benefitprogram as defined in
Title 18 United States CodeSection24(b) of money by means ofmaterially false
representations and promises that was and Is in connection with the paymentfor health care
benefits items and services did knowingly and willfully executethe aforesaid scheme
In vioJation of Title 18 United States Code Sections 1347and 2
41 I~4411~4 WIUL N~W~
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3S
COUNT 13
(HealthCare Fraud Title 18 USC Sections 1347 and 2)
The Grand Jury furtherchargesthat
133The allegationscontained in paragraphs 1middot16 and 18middot102 of this Indictment are reshy
alleged and herebyincorporated by reference 8$ if fullyset forth herein
134 Using the methodsdescribed in Paragraphs 6Q78 TAREK ELKAFRAWI and
others known to the GrandJury submitted fraudulent reports to awc resulting in awe
undercharging the Perrysburg JHOP
135 From on or about August 30 2005 through the date ofthis Indictment in the
Northern District of Ohio Western Division and elsewhere TAREK ELKAFRAWI and others
known to the GrandJury having devised and intending to devise a scheme and artifice to defraud
the Ohio Bureauof WorkersCompensation(BWC) a health care benefit program as defined in
Title 18 United States Code Section 24(b) of money by means of materially false
representations and promises that was and is in cenneetlon with the payment for health care
benefits items and services did knowinglyand willfullyexecute the aforesaid scheme
In violationofTitle 18United StatesCode Sections 1347 and 2
COUNTS 14-17
(Mail Fraud Title 18 USC Section J341)
The Grand Jury furthercharges that
136 The allegations containedin paragraphs 1-16 and 18middot102 of this Indictmentare reshy
alleged and hereby incorporatedby referenceas if fully set forth herein
131 Fromon or about January 30 20ll through on or about April 10201 I in the
Northern District of Ohio Western Division and elsewhere Defendants TAREK ELKAFRAWI
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36
and TAREK EIDOMARdevised and intended to devisea scheme and artifice to deframiddotud and to
obtain moneyfrom THOP Corporate by meansof materially false and fraudulent pretenses
representations and promises
MANNER AND MEANS
(t was part of the schemeand artifice that
]38 Using the methods described in Paragraphs 46-54 and 71-78 TAREK ELKAFRAWI
and TAREK EIDOMARmanipulated the SABLE Pointof Sale system to fraudulently report
debits and charges in order to hide the removal of cashdirectly from the Evansville IHOP
TAREK EID OMARat the direction of TAREKELKAFRAWI would then producea fraudulent
PampL report and mail it using the United States PostalService to provide that report to
Management Services in Wichita Falls Texas
139 Onor about each ofthe dates set forth below in the Northern District of Ohio
Western Division andelsewhere for the purpose ofexecutingand attempting to executethe
above described scheme and artifice to defraudTAREK ELKAFRAWI and TAREK EID OMAR
knowingly caused to be placed into any post office or authorized depository for mail matterany
matteror thingto besent and delivered by the US Postal Services and caused to be deposited any
matter to be sent or delivered by privateand commercial interstatecarrier the following matter
from Toledo Ohioand Evansville Indianato WichitaFallsTexas each mailingconstituting a
separate count
COUNT 14
Mm SENDER MAIL MAUER
January 302011 TAREK EID OMAR PampL report
OS232012 1149 419~447104 WTOL NEWS PAGE 0715
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37
COUNT 15
February14 2011 TAREK BID OMAR PampL report
COUNT 16
March 28 20II TAREKEID OMAR PampL report
COUNT 17
April 102011 TAREK EJD OMAR PampL report
All in violation ofTitle 18UnitedStates Code Sections 341 and 2
COUNT 18
(Use of Fire to Commit a Felony Title 18 USC Sections 844(h) and 2)
TheGrand Jury further charges that
140The allegations contained in paragraphs 1-16 and 18-102 ofthis Indictmentarc reshy
alleged and hereby incorporatedby reference as if fully set forth herein
141On or about August 10 and II 2008 [n the Northern Districtof Ohio Westem
DivisionTAREK ELKAFRAWI and JOSE LEON-GONZALEZ knowingly used fire to commit
Mail Fraud a felony prosecutable in a court of the United States
In violation ofTitle 18 United States Code Sections 844(h) and 2
COUNTl2
(Malicious Use of Fire Title 18 USC Sections 844(i) and 2)
The Grand Jury further charges that
142 The allegations contained in paragraphs 1-16and 18-102 ofthls Indictmentare reo
alleged and hereby incorporated by reference as if fully set forth herein
WTOL NEWS PAGE 0815OS232012 1149 4192447104
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38
143 On or about August 10and II 2008 in the Northern District of Ohio Western
Division TAREK ELKAFRAWIand JOSE LEON-GONZALEZ maliciously damaged bymeans
of fire and explosivematerialsa buildinglocated at 7777 Countymiddot Road 136 Findlay Ohio used
in interstatecommerce
In violation of Title 18 UnitedStates Code Sections 844(i) and 2
coUNtS 0-28
(Mail FraudTitle] 8 USCSection 1341)
The Grand Jury furthercharges that
144 The allegations containedin paragraphs 1-16and I8-102 of this lndictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
145 Fromapproximately the month of July 2008 the exact date unknownto the Grand
Jury through On or about October 27 2009 in the Northern District of Ohio Western Division
and elsewhereTAREK ELKAFRAWI devisedand intended to devise 8 scheme and artifice to
defraudFarmers InsW1J1ce Group and to obtain moneyand property by meansof false and
fraudulent pretenses representations and promises
146 It was part of the schemeand artificeto defraud that TAREK ELKAFRAWI would
submit traudulent invoices to FarmersInsuranceGroup under PolicyNumber 602926772 for
work that was not performed or performed at a lower invoice
147It was a furtherpart of the scheme and artifice that TAREK ELKAFRAWI submitted
claims forpayroll costs that were completely illusorybecause the requested claimswere for
periods the restaurant was closed and had no employees
~~~J2012 1149 4192447104
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39
148 It was a furtherpart of the sc erne and artifice that all checks were sent directly to
TAREKELKAFRAWI at the Terry Elk G~OUP not the Findlay lHOP
149On or about each of the dates bet forth below in the Northern District of Ohio
Western Division and elsewhere for the Jurpose of executing and attempting to execute the
above described scheme and artifice to delud TAREK ELKAFRAWI knowinglycaused to be
placed into any post office or authorized dlpository for mail matterany matter or thing to be sentI
and dellvered by the US Postal Service Jd caused to be deposited any matter to be sent or
delivered by private and commercial inters~te carrier the following matter from the state of
Illinois to Toledo Ohio each mailingcon~itUting a separate count
October 17 2008
October22 2008
January 262009
October21 2009
September22 2008
January 26 2009
SENDER
Fanners Insurance
Farmers Insurance
Farmers Insurance
Farmers Insurance
FarmersInsurance
Farmers Inswance
CO 20
M61LMAmR
$S5947S 1check to Terry Elk Group
21
I $45581367 check to Terry Elk Group
~ I $24444302 check to Terry Elk Group
~ I $2262384 check to Terry Elk Group
bOUNTM
I $2500000 check to Terry Elk Croup
~ $15684795 check to Terry Elk Group
PAGE 1015WTOL NEWS05232012 1149 4192447104
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40
COUNT 26
October ~ I 2009 Farmers Insurance $4285205 check to Terry Elk Group
COUNT 27
February 172009 Farmers Insurance $20867200check to Terry Elk Group
COUNT 21
October 27 2009 FarmersInsurance $15226400 check to Terry Elk Group
All in violationofTitle 18 United States Code Section 1341
COUNT 29
(Aggravated IdentityTheft Title 18 USC Section 1028A and 2)
The OrandJury furthercharges that
ISO The allegations contained in paragraphs 1-16and 18~102 of this Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
J51 Onorabout October9 2007 in the Northem District of9hlo Western Division
TAREK ELKAFRAWI did knowinglyuse without lawftllauthority a means of identification of
another personduring and in relation to the commission ofWire Fraud a violation ofride 18
United States Code Section 1343
In violation of Title 18 United States Code Sections I028A(a)(1) and 2
CQVNT30
(Aggravated Identity Theft T~tle is USC Section l028A and 2)
The Grand Jury further charges that
152 The allegations eontained in paragraphs 1-16 and 18-102 of this Indictment are reshy
alleged and hereby incorporated by reference as if fully set forth herein
05232012 1149 4192447104 WTOL NEWS PAGE 111 5
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41
153 On or about May 192008 in the Northern District of Ohio Western Division
TAREK ELKAFRAWIdid knowingly use without lawfulauthoritya means of identification of
another personduringand in relation to the commission of Wire Fraud a violation ofTitle 1g
United StatesCodeSection I~43
In violation of TitJe J8 UnitedStates Code Sections 1028A(a)(I) and 2
COUNT31
(Aggravated IdentityTheftTitle 18USC Section J028A and 2)
The Orand Jury furthercharges that
154 The allegations contained in paragraphs 1-l6- and 18middot102 of this Indictment are reshy
alleged and herebyincorporated by reference as if fully set forth herein
155 On or aboutJuly 132Q09 in the Northern District of Ohio Western Division
TAREK ELKAFRAWIj did knowingly use without lawfuJ authority a means of identification of
another personduring and in relation to the commission of Wire Fraud a violation of Title 18
United StatesCodeSection 1343
In violationofTitle 18 United States Code Sections 1028A(aXl) and 2
COlNT32
(Aggravated IdentityTheft Title 18USC Sectlon J028A and 2)
The Grand Jury furthercharges that
J56 Theallegations contained in paragraphs1-16and 184 J02 of this Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
157On or about May3l 2009 in theNorthern Districtof Ohio Western Division
TAREK ELKAFRAWI did knOWingly use without lawful authoritya means of identification of
OS232012 1149 4192447104 WTOL NEWS
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42
another person during and in relation to the commission of Wire Fraud a violation of Title 18
United States Code Section 1343
In violation ofTitle 18 United States Code Sections 1028A(a)(I) and 2
COUNT 33
(Aggravated Identity Theft Title 18 UsC Section l028A and 2)
The GrandJury further charges that
138 The allegationscontainedin paragraphs 1-16 and 18-]02 of this Indictment are reshy
alleged and herebyincorporated by reference as if fullyset forth herein
159 On or about October 22008 in the Northern District of Ohio Westem Division
TAREK ELKAFRAWI did knowingly use without lawfulauthority a means of identification of
another personduring and in relation to the commission of Wire Fraud a violationof Title 18
United States Code Section 1343
In violationof TItle ]8 United States Code Sections 1028A(a)(I) and 2
CQVNT34 (Aggravated IdentityTheft Title 18 USC Section 1028A and 2)
The Grand Jury furtherchargesthat
160 The allegationscontained in paragraphs 1-16and 18-102ofthis Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
16t Onor about January27 2008 in the Northern District of Ohio WesternDivision
TAREK ELKAFRAWI did knowinglyuse without lawfulauthority a means of identification of
anotherpersonduringand in relation to the commissionofWire Fraud a violation ofTitJe 18
United States Code Section 1343
In violation of Title 18United States Code Sections l028A(a)(1) and 2
I I
WTOL NEWS PAGE 13115OS232012 1149 4192447104 I
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43
COUNT 35 (AggravatedIdentityTheft Title 18USC Section 1028A and 2)
The Grand Jury further charges that
162The allegations contained in paragraphs I-16 and 18-102 of this Indictment are reshy
alleged and herebyincorporated by reference as jf fully set forth herein
163On or about March 72009 in the NorthernDistrict of Ohio Western Division
TAREK ELKAFRAWI and KHALED YOUSEF did knowinglyuse without lawful authority a
means of identification of another personduringand in relation to the commission of Wire Fraud
a violation of Title 18 United States Code Section 1343
In violationof Title 18 United States Code Sections 1028A(a)(1)and 2
COUNT 36
(Aggravated IdentityTheft Title 18 USC Section 1028Aand 2)
The GrandJury further charges that
164 The allegations contained in paragraphs 1-16 and 18-102 of this Indictmentare reshy
allegedand hereby incorporated byreferenceas if fully set forth herein
16S On or about March tS 2009 in the Northern District of Ohio Western Division
TAREK ELKAFRAWI and KHALED YOUSEF did knowinglyuse without lawful authority a
means of identification of another person duringand in relation to the commission of WireFraud
a violation of Title 18United States Code Section 1343
In violation ofTitle 18United States Code Sections l028A(a)(1) and 2
~~~~2012 1149 4192447104 wloe NEWS
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44
COUNT 37
(Aggravated Identity The~ Title 18 USC Section l028A and 2)
The GrandJury further charges that
166 Theallegations contained in paragraphs 1-16 and 18-] 02 of this Indictment are reshy
alleged and hereby incorporated byreference as if fully set forth herein
167 On or aboutJuly 21 2009 in the Northern District of Ohio Western Division
TAREK ELKAfRAWI and RAMIZAWWAO did knowingly use without lawful authority a
means of identification of anotherperson duringand in relation to the commission of WireFraud
a violation of Title 18United States Code Section 1343
In violation ofTitle 18 UnitedStates Code Sections l028A(a)(1) and 2
cOUNT38
(Aggravated Identity TheftTitle 18 USC Section 1028A and 2)
The Grand Juryfurthercharges that
168Theallegations contained in paragraphs 1-16 and t8-102 of this Indictment are reshy
alleged and hereby incorporated by reference 8S if fully set forth herein
169 On or about July 132009 in the NorthernDistrict ofOhio WesternDivision
TAREK ELKAFRAWIand IAMIL MOHAMMED AWWAD did knowingly use withoutlawful
authority a meansof identification of another person during and in relation to the commission of
Wire Fraud a violation ofTitle 18 United States Code Section 1343
In violation of Title 18 United States CodeSections l028A(a)(1) and 2
11 4l 41 l~44 IUl4 WIUL NIWl
Case 312-cr-00262-DAK Doc 1 Filed 0522112 45 of 65 PagelD 45
45
COUNT 39
(Identity Theftt Title 18 USC Sections 1028 and 2)
The Grand Jury further charges that
170 The allegationscontained in paragraphs 1-16 and 18-102 of this Indictment are reshy
alleged and hereby incorporated by reference as if fully set forth herein
171 On or about December132010 in the Northern District orOhio Western Division
TAREKELKAFRAWI and DONNA J HARRIOTTt did knowingly use in or affectinginterstate
or foreigncommerce without lawful authority a means of identification ofanother person to wit
s social securitynumber and date of birth with the intent to commit or to aid or abet or in
connectionwith any unlawful activitythat constitutes Wire Fraud 8 violation of 18USC
sect1343 and the offense involved the useof an authentication feature that is or appears to be an
identification document or authentication feature issued by Or under the authority of the United
States
All in violation ofTitle 1St United States Code Sections 1028(a)() (b)(l )(A)(l) and (f)
and 2
COUNI40
(Identity Theft Title 18USCbull Sections 1028and 2)
TheGrand Juryfurther chargesthat
172The allegationscontained in paragraphs 1-16 and J8middot102 of this Indictment are reo
allegedand hereby incorporated by referenceas if fully set forth herein
173On or about May42010 in the Northern District ofOhio Western Division
TAREK ELKAFRAWI and SARA RINEBOLT did knowingly use in or affecting interstate or
PAGE 0115OS232012 1144 4192447104 WTOL NEWS I
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16
and bookkeepers to manipulatethe profit and loss statements (hereinafterPampLs) and balance
sheets for their various corporations
56 A PampL is a physical or electronic documentdetalHng how a corporations gross
income is transformed into the net income It displays the reported gross income for a specific
period oftime and the costs and expenses charged against this income The purpose is to show
interestedpartieswhetherthe corporation lost Or made money The accountants created the PampL
statements using data providedby TAREK ELKAFRAWI and MK and relied on those PampLs to
filecorporate taxes
57 That data wasculled from various sources MK helped create the PampLspreadsheets
by providing the documents to the managersand then received the completed weekly
spreadsheets via email Upon receiving the PampL spreadsheets the restaurant managers added in
reported total sales laborcosts for the staff invoicesfor food and supplies food discountsand
manager voids However the managers salaries end the restaurants rent expenses were entered
in the spreadsheet by MK and could not be altered by other employees Included in the
spreadsheetportioncreated by MK were some budgetary lines containing debits for categories
that simply did not exist as businessexpenses Thenumbers provided by MK were inflated
For example the LimaIHOP PampLlisted a gross total ofapproximately$ ]500 per week for
managers salaries However the number that MK entered into the PampL for managers salary
was $2100 per week Likewise the amount paid in rent was consistently inflated in excessof
actual rent payments for the tHOP restaurants The spreadsheets were then submitted to the
accountantswho created the PampL TAREK ELKAFRAWI reviewed the final PampL and made
revisions to further hide his efforts to divert profits
41l44flI14 WIUL NcW~
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17
58 Byknowingly entering inaccurate infonnation into the PampLs TAREK ELKAFRAWI
MK KM and the store managersactingat their direction in effect manipulated the tax
burden levied on their corporation byfederal state and local governments
59 Furthermore as II result of the PampLmanipulation the net profits Were artificially
deflated to minimize the amount of royalties and rent paid to IHOP Corporate
Defrauding Worken Compensation
60 Beginning in approximately2003 TAREK ELKAFRAWI MK and KM set up
various schemes to defraud BWC and lowerthe amount they had to pay into the Workers
Compensation system BWCpayments helpcover the cost of injuries to employees whoare hurt
on the job and functions as a ferm of insurance for a company The percentageof wagespaid by
the employerare relatedto the type of business a companydoes the number of employees the
number of claims in prior reporting periodsand other factors to arrive at a semi-annual figure
owed by a company
61 From 2004 to the present TAREK ELKAFRAWIand MK manipulated some of the
factors used by awe to determine an employers premiumsfor its employees For instance
since managers premiumsare calculated at a higher rate because their salaries are greaterthan
other employees TAREKELKAFRAWI MK and KM devised a scheme to lower manager
reporting to zero(0) likewise a cooks premium would be calculated at a higher rate because
they work in moredangerous situations thanwaitresses TAREK ELKAFRAWI MK and
KM developedwaysto manipulate the reporting ofemployees average weekly salaries Also
although overtime and tips are calculated by BWCTAREK ELKAFRAWI MK and KM
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18
deviseda schemeto avoid includingthose two factors in the final equation to fraudulently
understate premiums owed to awe
62 During2004 MK and KM submitted the semi-annual reports in person at the
Toledo office ofBWC The paymentswere made via check which triggered an electronic funds
transfer from IHOP bank accounts to BWe accounts In 2005 awc switched to an electronic
filing system
63 MK directedKM to use the averageof the lowest weekly payroll to calculatethe
semi-annual wage figure despite the fact that Bwe regulations required an average ofall weekly
wage figures for the reporting period By submitting only an average of the lowest weeks
TAREK ELKAFRAWI MK and KM deflatedthe wage figure
64 To further depress the numbers MK told KM to omit the salaries ofmanagers and
tips and then deductmore from the total Generally this manipulationdecreased the final wage
figure by an additional twenty percent(20)
6 From 2004 to the date of this indictment TAREK ELKAFRAWI was made awareof
the paymentfigure regardless of who filed the form and directed each paymentto be lower than
the previousone
66 DespiteTAREK ELKAFRAWls seeminglyarbitrarY calculus this reportingfigure
could be audited by awe The department required all businesses to file a Form 941 which
listed employees wages and taxes paid every90 days for the purpose ofpaying federal taxes
67 The Fonn 941 was created for BWC using Profit and Loss sheets MICROS and
payrollrecordsand was generally consistentwith those documents
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68 During an audit BWe could request the Form 941 and compare those numbers with
the numbers provided to awe
69 Between 2004 and 2009 KM received noticesof Bwes intention to audit various
Toledo IHOP locations Each timea notice was receivedKM TAREK ELKAFRAWI and
MK simplyignored it Threeof the auditswere never perfonned by BWC
70 BWe did audit the Findlay IHOP in 2007 fora two-year period Originally it was
determined that the restaurant owed over $55)000 in unpaidawe premiumsfor that timeperiod
71 In orderto avoid paying these premiums KM amendedtherestaurant)s worksheet
deletingmanagersnames from the list of employees and fraudulently listing the managers 8S
officersof the corporation that owned Findlayand therefore we~ exempt from payingworkers
compensation premiums However the Articles of Incorporation were not changed to list these
managers as corporate officers
72 Bymaking this change at the direction ofTAREK ELKAfiRAWI KM reportedly
reduced the amount of premiums owed awe to approximately i35000 When AunrMN LEE
TANGAS learned of thisscheme rather than reporting it to IHOP Corporate either the crime or
the addition of newofficersas required by corporate policy she told KM Youjust saved
TAREKs a-
73 In 2007 in response to the auditTAREKELKAFRAWI MK and KMcreated the
Terry Elk Group all managers weretransferred to that company and put on its payroll The
Terry Elk Group was created byKM at thedirection ofTAREK ELKAFRAWIto further
minimize payments to awe
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20
74 Although each of the seven identifiedmop restaurants transferred money to the
Terry Elk Groupto pay salaries for managers the Terry Elk Group never paid awe taxes
75 TAREK ELKAFRAWIand MK were officers of the Terry Elk Group and TAREK
ELKAFRAWland AUTUMN LEETANGAS both told KM that this was a great solution to
avoid payingBWC
76 The falsification of recordsand thecreation of the Terry Elk Group resulted in an
underpaymentofapproximately S2S0OOO to BWe
Document FJ1lud
77 TAREK ELKAFRAWI MK and TAREK EID OMAR further manipulated the
accounts of the IHOPrestaurants in order to laundermoney through false payouts and
fraudulentlyreported transactions
78 TAREK ELKAFRAWI MKand TAREK EID OMAR used a system of payouts
in the fonn of paper receipts deposited in the cash registers to reflect further unreported cash
withdrawals While these receipts were ostensibly for occasional items such as landscaping
charges extra food ingredients or supplies jn reality most payouts were not for services
rendered but weremerely cash withdrawals TAREK ELKAFRAWI MK and TAREK EID
OMAR directed managers to create payout slips to cover cash withdmwals and use the payout
slips to justify the withdrawals as business expenses to the accountants
Insurance Fraud
79 In 2008 the Findlay IHOP burned as a result of arson The fire was intentionally
started by JOSE LEON-GONZALEZ and individuals unknown to the Grand Juryat the direction
PAGE El6 5 WTOL NEWSOS232012 1144
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21
and orderofTAREK ELKAFRAWI and MK to facilitate insurance fraud schemes by TAREK
ELKAFRAWI
80 TAREK ELKAFRAWIsubmitted approximately $136million in fraudulent
insurance claims for firedamage to the restaurant The receipts submitted to the insurance
company reflected overcharges charges for work never doneworkdone at artificially inflated
prices and for fraudulent payroll claimsand lost income Additionally TAREK ELKAFRA WI
created wholly fictitious invoices and diverted thosepayments to his personal use
Rebate Fraud
81 TAREK ELKAFRAWIandMK used a varietyofadditional accounting
manipulations to affect the franchises balancesheets For example TAREKELKAFRAWI
often personally received rebate checks from food and beverage vendors reflecting the large
amountsofmoneyspent with theircompanies Thesechecksweremailed directly to TAREK
ELKAFRAWIs homes in Toledo and Evansville ratherthan delivered to the intended restaurant
The amounts were substantial Tropicanas annual rebate was approximately $12000 Cocashy
Colas annual rebate was approximately $7500 US Foods annual rebate was approximately
$80000 and Pepsis annual rebatewasapproximately S55000 From2004 to the date oftbis
indictment the total amount of rebate payments received by TAREK ELKAFRAWI exceeded
SIIOOOOO
82Before 2005TAREK ELKAFRAWI simplyused this money for personal expenses
However after 2005 TAREK ELKAFRAWIoccasionally reinvested the rebate money into the
franchises as a loan from officer
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22
83 Under this scheme TAREK ELJltAFRAWI was essentiallyclaimingthe corporations
money for himself8Jld loaning it back to the businesswhilenot reporting the rebate money as
personal income This generated an additional unwarranted liability for the corporation receiving
the loan while TAREK ELKAFRAWI would take a personal loss on his taxesfor the unpaid
loan Thus the overall tax liability for the company and for TAREK ELKAFRAWI was
fraudulently lowered
Other Schemes to Defraud
84 Thebalance sheet was also affectedby claimingremodelingcosts as a liability instead
of an asset IHOP Corporatemandated that each restaurant be remodeled every five years Per
JHOP Corporate policy this costs a franchise approximately $70000 Under standard
accountingpractices this remodel should be considered an appreciation However TAREK
ELKAFRAWI regularly directed the accountants to claimthis expense as repair and
maintenance considered a liability
85 In September2010 ManagementServices the accountantsused by TAREK
ELKAFRAWI questioned a $40000 remodelingof the Evansville restaurant completedin 2007
TAREK ELKAFRAWI lied to the accountantsthat the $40000was a personal loan from a
businesspartner Management Services then issuedcheckstotaling $40000 to the business
partner TAREK ELKAFRAWI took these checks for his own purposes
86 TAREK ELKAFRAWI also used the restaurants to obtain loans that he would
otherwisenot beable to secure TAREK ELKAFRAWIapplied for loans using well-performing
IHOP restaurants as collateral for the loans then used those loans to pay for improvements on his
other (HOPrestaurants
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87 The improperbenefitreceived arose from the fact that each restaurant is an
independent corporation Knowing that certainIHOP restaurants such as Findlay would be
unable to securea loanTAREK ELKAFRAWIwould apply for a loan using a corporation for a
healthyrestaurant likeLima Once he hadsecured that loan he wouJd use the money on the
unqualified restaurant
88 Thusthe healthy restaurant wouJd cany a loss in the form of an outstanding loan on
its books lowering its tax liabilities while the other restaurantenjoyed the use of the loan
without having to report the transferof funds as profit
89 TAREKELKAFRAWI furtherusedschemes to transfer moneyobtained from IHOP
Corporate intended to benefitone restaurant to the use of another restaurant or directly to
himself
90 Forinstance advertising and marketing revenue would be used byTAREK
ELKAFRAWIand MK in a mannersimilar to the rebate checks In 2007 TAREK
ELKAFRAWIsubmitted a fraudulent invoicereflecting the purchase of an advertising sign for
CentrallHOP for$13500when in facthe only spent $3500 on the sign He receiveda check
fromIHOPCorporate for $13500and pocketed the difference TAREK ELiltAFRAWI
thereafterreported the remaining $ J0000 as a loan ftom officer and not taxable income
9Jbull TAREK ELKAFRAWI and MK also used the CentraliHOPs advertising budget
provided by li-fOP Corporate to pay for all of the northwest Ohio ]HOPs marketing They
would inflateCentrals invoice with the Invoices for the five other restaurantsand then send that
aggregate invoice to HOP Corporate
PAGE 091 505232012 1144 4192447104 WTOL NEWS
Case 312-cr-00262-DAK Doc 1 Filed OS2212 24 of 65 PagelD 24
24
MediearelWelfarerrax Fraud
92 TAREK ELKAFRAWI MK and TAREKEID OMAR together and separately
devised schemesto personaltycollectmedical and welfarebenefits for which they did not
qualifyand sanctioned employees to do so as well
93 Using an alternate identity MK split his salary between two paychecks creating a
lower reportableincomefor each identity Usingthese dual identities MK has to date claimed
approximately $140000 in Medicaid paymentsand $35000 in food stamps and welfare benefits
from the State of Ohio
94 To further these schemesTAREK ELKAFRAWI and MK created a false property
management companythrough which MK paid rent to TAREK ELKAFRAWI in order to
show less income BothTAREK ELKAFRAWIand MK created and submitted false payroll
checks and financial documentsto support the fraudulent claims
95 TAREK ELKAFRAWI and MK also sanctionedand encouraged employees to file
fraudulent claims KHALED YOUSEF TAREK EID O~ RAMIZ AWWAD and JAMIL
MOHAMMED AWWAD were told by TAREK ELKAFRAWI and MK how to minimizetheir
payrollearnings throughthe use of multipleidentities in order to claim benefits TAREK
ELKAFRAWI toldTAREK EID OMARto eitherstart fraudulently claiming welfare or quit
having children
96 These manipulations to income revenue and payroll were reflectedin erroneousand
fraudulent tax statements to the Internal RevenueService TAREK ELKAFRAW1 directed
accountants to file his personal and corporate lax returns based on this fraudulent information in
an attempt to minimize and obscure his true incomeand tax liabilities
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Money Laundering Schemes
97 Inorder to hideandconceal thesourceof the proceedsof the wire fraud schemes
TAREK ELKAFRAWI KELLY ELKAFRAWI MK and TAREK EID OMAR engaged in real
estatetransactions
98 TAREK ELKAFRAWI loaned TAREKEID OMARand previous Evansville mop
managers YS andAA approximately S50OOO to purchase a gas station in Evansville Indiana
usingfunds derived solely from TAREK ELKAFRAWrs rnop franchises
99 To conceal the source and nature of the funds used to purchasethe gas station located
at 600North Burkhardt Road Evansville Indiana TAREK ELKAFRAWI transferred
approximately SSOOOO to TAREK EIDOMAR Y S and AAwhich theyused to purchase the
gasstation
100Using laundered assets fromthe IHOP restaurants TAREK ELKAFRAWI and
KELLY ELKAFRAWI purchased homes at l0400 Tecumseh Drive Newburgh Indiana and
J4745 Prairie Lake Drive Toledo Ohio
101 Likewise MK purchased the following properties using funds from bankaccounts
in his various names 2510 Live Oak Road Sylvania Ohio 4027 Meadowgreen DriveSylvania
Ohio 7129 Sandy Springs Road Maumee Ohio and4837 SpringbrookDriveToledo Ohio
The funds were proceeds of the fraudulent schemes
102 Finally from 2004to the date of this indictment TAREK ELKAFRAWIsent
proceeds of fraudulent IHOP transactions overseas by carrying them on his person usingbank
acccunts ownedandcontrolled byTAREKEIDOMARand others knownto the Orand Juryand
using Western Union accounts operated by TAREK EIDOMARand SM (not charged in this
41 1pound44 (1~4 WIUL N~W~
Case 312-cr-00262~DAK Doc 1 Filed 0522112 26 of 65 PagelO 26
26
indictment) Those funds have been used in part to purchase real estate and to make investments
in Egypt
All in violation of Title 18 United States Code Section I956(h)
COVNTl
(Conspiracy to HarborAliens Title 8 UsC Sections t324(a)(l)(AXiii) and I324(a)(1)(AXv)(I)
The Orand Jury furthercharges that
I03 Paragraphs 1-16and 18-I02 are re-alleged and hereby incorporated by referenceas if
fully set forth herein
104 From at least as early as January2004 the exact date to the Grand Jury unknown
through at least December31 2011 in the Northern District of Ohio Western Division and
elsewhere the DefendantsTAREK ELKAFRAWI KELLY ELKAFRAWI AU11JMN LEE
TANGAS MK JOSE LEONmiddotGONZALEZ aka Jose Leon aka Jose Vargas aka Juan Vargas
aka Edwin MartelTAREK ElD OMAR CARLOS GAMBOA KHALED YOUSEF RAMIZ
AWWAD aka Ray JAMIL MOHAMMAD AWWAD KHALIL ABOUDAKKA MAHMOUD
ALI MOHAMED HASSANDONNAJ HARRIOIT LUCKY WILLIAMS and CESAR
AVILA did knowingly and intentionally combine conspire and confederate with each other and
with others known and unknown to the Grand Jury to conceal harbor and shield from detection
one or more aliens namely FJV-PJOSE LEON-GONZALEZ aka lose Leon aka Jose Vargas
aka Juan Vargas aka Edwin Martel MT-C C V V-A S L CESAR AVILA CARLOS
GAMBOAE M A M A G F G J LNU J LNU and approximately two hundred other
aliens known to the Grand Jury In several buildings including but not limited to the Perrysburg
PAGE 12 5WTOL NEWSOS232012 1144 4192447104
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27
Findlay Lima Airport Highway Central Talmadge and Evansville JHOPs as wellas 801 Hiltop
and 4020 RoyerRoad in ToledoOhio knowingand in recklessdisregard of the fact that the
aUen(s) had cometo entered and-remained in the United States In violation of law
A) 11 waspart of the conspiracy that the managers of (HOP restaurants
would hire undocumented aliens to workat the mops after clearingthe
hires with MK or TAREKELKAFRAWI
B) It was further part ofthe conspiracy that undocumented aliens would be
paid in cashuntil theyobtained fraudulent immigration and workdocuments
C) It was funher part of the conspiracy that co-conspirators sometimes would
assist the aliensin finding lodging and in cashing checksat the mop
or bankinginstitutions
D) It was further part oCthe conspiracy that undocumented aliens often would
be paid usinga fake name Or check name
E) It was further part of the conspiracy that the undocumented aliens sometimes
would be transported to other HOP restawant locations to work
F) It was further part ofthe conspiracy that co-conspirators sometimes would
assign to the undocumented aliens the socialsecurity numbers and personal identifierS of
former employees to shield the illegalworkers from discovery
All in violation of Title 8 United States Code Sections 1324(a)(l)(A)(iii) and
1324(a)(1 )(A)(v)(I)~
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28
WVNTS3~7
(Mail Fraud Title 18USCbull Section 1341)
The Grand Jury furthercharges that
t OS The allegatiens contained in paragraphs Imiddot16 and 18middot02 of this Indictment are reo
allegedand hereby incorporated by referenceas if fully set forth herein
106 From on or about August 192003 to the dateof this Indictment in the Northern
District or OhioWestern Division and elsewhere TAREK ELKAFRAWI AUTUMNLEE
TANGAS andMK (not charged in this Indictment) devisedand intended to devise a scheme
and artifice to defraud IHOPCorporateand to obtain money and property by meansof materially
false and fraudulent pretensesrepresentations and promises
MANNER AND MEANS
107It waspart of the scheme that TAREK ELKAFRAWI through the use of the
MICROS system knew that sales were obtainedby IHOP Corporate on 8 weeklybasis through an
automatic remote uploading ofdata TAREK ELKAFRAWI knew that IHOP Corporateused the
weeklynet sales figures to determine the weeklyroyalty and rent amount owed byeach franchise
likewisehe knewthat IHOPCorporatedid not examine the weekly deductions from grosssales
that resulted in the net sales figures
108 In fact prior to 2004 TAREK ELKAFRAWI receivedregular IHOP Corporate
reviewsof the operating expensesand balancesheets that showed the costs deducted from gross
sales reflected in net sales After AUlUMN LEETANGAS became FBC in 2004 such thorough
PAGE 14 5WTOL NEWSOS232012 1144 4192447104
Case 312-Cf-00262-DAK Doc 1 Filed 0522112 29 of 65 PagelD 29
29
reviews ceased entirely TAREKELKAFRAWI thereafter devised various schemesto
manipulate the MICROS system in order to create lower-than actual weekly net sales
109Onesuch schemewas to simply tum the MICROS system otT so sales werenot
recorded
110Additionally TAREK ELKAFRAWI instructed his lHOP managers to voidsales
entirelyor to givesignificant discounts to tickets after the ticket had been paid for by thecustomer
and closed
11 J Othercosts chargedagainst grosssales includedunit promotions contests
maintenance andpayouts for whichno documentation was provided In fact these were cash
distributions toTAREK ELKAFRAWI and other employees representingunreported income
112TAREK ELKAFRAWI also woulddeposit rebatecheeks from vendors into the
CentrallHOP account however he would direct his accountants to reflect the deposit as a loan
from officer rather than as incomefrom a rebate This fraudulent representation created an
additional debt on the balance sheet of Central JHOP thus giving the appearancethat the
restaurantwas encumbered with debt and operating expenses and not profitable
1t3 Asa result of these schemes TAREK ELKAFRAWI created the appearance through
his weeklysalesfigures that the CentrallHOP store wasseverely underperforming
114 SInce 2007 TAREK ELKAFRAWI with the help of AUruMN LEETANGAS
applied for rentand royalty reliefpayments from IHOPCorporate Based on the fraudulent
weeklynet sales reports and the annual recommendation of AUlUMN LEE TANOASTAREK
ELKAFRAWIreceived approximately $2300 a week in rentas well as royaltyrelief from HOP
Corporate to which he otherwisewJ not entitled
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30
116 ThesereHefpayments werememorialized in annualcontractsamending the franchise
agreement for eachyear to retlect the newrelief payment agreement Thesecontracts were mailed
from mop Corporate headquarters in Glendale California to Toledo Ohio after the FBCand
RD memos were submitted and approved
117 Onor abouteach of the dates set forth below in the Northern District of Ohio
Western Division and elsewhere for the purpose of executing and attempting to execute the
abovedescribed scheme and artifice 10defraud DefendantsTAREK ELKAFRAWI and
AUTUMNLEE TANOAS knowingly caused to be placed into any post office or authorized
depository for mail matterany matteror thingto be sentand deliveredby the US Postal Service
and caused to be deposited any matterto be sent or delivered by privateand commercial interstate
carrier the following matterfrom Glendale California to Toledo Ohioeach mailing constituting
a separate count
COVNT3
~ SENDER MAJLMATIER
September 24 2007 IHOP Corporate mailing of Amended ReliefContract
COUNL4
June5 2008 IHOPCorporate mailing ofAmended ReliefContract
COUNTS
August 172009 lHOP Corporate mailing of Amended Relief Contract
CQUNT6
May 25 20)0 IHOP Corporate mailing of Amended Relief Contract
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Case 312-cr-00262-DAK Doc 1 Filed 052212 31 of 65 PagelD 31
31
COuNT 7
May 162011 IHOPCorporate mailing of Amended Relief Contract
All in violation ofTitle l8 United States Code Section 1341
COUNTS
(Health Care FraudTitle 18 USC Sections 1347and 2)
The Grand Jury further charges that
118The allegations contained in 1-16and 18-102of this Indictment are re-allegedand
herebyincorporated byreferenceas if fullyset forth herein
119Using the methodsdescribed in Paragraphs 60-78 TAREK ELKAFRAWr and
others known to the Orand Jury submitted fraudulent reports to BWe resulting in BWe
undercbarging the Airport Highway IHOP
120 From on or about June 4 2004 to the date of this Indictment in the NorthernDistrict
of Ohio Western Division and elsewhere TAREK ELKAFRAWI and others known to the
Orand Jury having devised and intendingto devise B scheme and artifice to defraud the Ohio
Bureauof Workers Compensation (BWe) a healthcare benefit program as defined in Title 18
United States CodeSection24(b) of money by means ofmateriaJly false representations and
promises that was and is in connectionwith the paymentfor health care benefits items IUId
services did knowingly and willfully execute the aforesaid scheme
In violation of Title 18 UnitedStates Code Sections 1347and 2
PAGE 0215WTOL NEWSOS232012 1149 4192447104
Case 312-cr-00262-DAK Doc 1 Filed 052212 32 of 65 PagelD 32
32
COLlNT9
(Health Care FraudTitle 18 USC Sections 1347and 2)
The Orand Jury further charges that
121 The allegations contained in paragraphs )-16 and 18102 of this Indictmentare reo
alleged and herebyincorporatedby reference as if fully set forth herein
122 Using the methodsdescribed in Paragraphs60-78 TAREK ELKAFRAWI and
others known to the Orand Jury submitted fraudulent reports to Bureau of Workers Compensation
(BWC)resulting in BWe undercharging theTalmadge IHOP
123 From on or about June 4 2004 to the date of this Indictment in the Northem District
ofOhio Western Divisionand elsewhere TAREK ELKAFRAWI and others known to the
Grand Jury having devised and intendingto devisea scheme and artifice to defraud the Ohio
awe a health carebenefit program as defined in Title )8 t United States CodeSection 24(b) of
moneyby means of materially false representations and promises that was and is in connection
with the paymentfor health care benefits hems and services did knowinglyand willfullyexecute
theaforesaid scheme
In violation of Title 18 UnitedStatesCode Sections 1347 and 2
CQUNTlll
(Health Care FraudTitle 18USC Sections 1347and 2)
The Orand Jury further charges that
124 Theallegations contained in paragraphs 1-16 and 18-102 of this Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
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Case 312-cr-00262-DAK Doc 1 Filed 0522112 33 of 65 PagelD 33
33
125 Using themethods described in Paragraphs 60-78 TAREK ELKAFRAWI and
others known to the OrandJury submitted fraudulent reports to BWC resulting in BWC
undercharging the Lima IHOP
126 From on or about August 31 2007 through the date of this Indictment in the
Northern District of Ohio Western Divisionand elsewhereTAREK BLKAFRAWIand others
known to the GrandJury havingdevisedand intendingto devise a scheme and artifice to defraud
the Ohio Bureau of Workers Compensation (BWe) a health care benefit program as defined in
Title 18 United StatesCode Section24(b) of money by means of materially false
representations and promises that wasand is in connection with the payment for health care
benefits items and services did knowingly and willfullyexecute the aforesaid scheme
In violationof Title 18UnitedStates Code Sections 1347and 2
COUNT 11
(Health Care Fraud Title 18 USC Sections 1347and 2)
The Grand Jury furtherchargesthat
127The allegations contained in paragraphs 1-16and 18-102of this Indictment are reshy
allegedand herebyincorporated by reference as if fully set forth herein
128 Using the methods described in Paragraphs60-78 TAREK ELKAFRAWI and
others known to the OrandJury submitted fraudulent reports to Bwe resulting in awe
undercharging the Findlay IHOP
129 From on or aboutMay 102004 through the date of this Indictment in the Northern
Districtof Ohio Western Division and elsewhere TAREK ELKAFRAWI and others knownto
theGrand Jury havingdevised and intending to devise a scheme and artifice to defraud the Ohio
Bureau of WorkersCompensation (BWe) a health care benefit program as defined in Title 18
4) lL44Hl4 WIUL NIW~
Case 312-cr-00262-DAK Doc 1 Filed 052212 34 of 65 PagelD 34
34
United StatesCode Section 24(b) of moneyby meansof materially false representations and
promises that wasand is in connection with the payment for healthcare benefits items and
services did knowingly and willfully execute the aforesaidscheme
In violation of Title 18 United States Code Sections 1347and 2
CoUNT12
(Health Care Fraud Title 18USC Sections 1347and 2)
The Orand Jut)I further charges that
130 The allegations contained in paragraphs Imiddot] 6 and 18-]02 of this Indictmentare reshy
alleged and hereby incorporated by reference as iffulJy set forth herein
13 l Usingthe methods described in Paragraphs 60-78 TAREK ELKAFRAWI and
others knownto the Orand Jury submitted fraudulent reports to BWe resulting in awe
undercharging the Central IHOP
132 From onor about February 28 2005 through the date of this Indictment in the
Northern Districtof Ohio Westem Division and elsewhere TAREKELKAFRAWI and others
known to the Grand Juryhavingdevisedand intending to devisea scheme and artifice to defraud
the Ohio Bureau of Workers Compensation (BWC) a health care benefitprogram as defined in
Title 18 United States CodeSection24(b) of money by means ofmaterially false
representations and promises that was and Is in connection with the paymentfor health care
benefits items and services did knowingly and willfully executethe aforesaid scheme
In vioJation of Title 18 United States Code Sections 1347and 2
41 I~4411~4 WIUL N~W~
Case 312middotcr-00262middotDAK Doc 1 Filed 052212 35 of 65 pagelO 35
3S
COUNT 13
(HealthCare Fraud Title 18 USC Sections 1347 and 2)
The Grand Jury furtherchargesthat
133The allegationscontained in paragraphs 1middot16 and 18middot102 of this Indictment are reshy
alleged and herebyincorporated by reference 8$ if fullyset forth herein
134 Using the methodsdescribed in Paragraphs 6Q78 TAREK ELKAFRAWI and
others known to the GrandJury submitted fraudulent reports to awc resulting in awe
undercharging the Perrysburg JHOP
135 From on or about August 30 2005 through the date ofthis Indictment in the
Northern District of Ohio Western Division and elsewhere TAREK ELKAFRAWI and others
known to the GrandJury having devised and intending to devise a scheme and artifice to defraud
the Ohio Bureauof WorkersCompensation(BWC) a health care benefit program as defined in
Title 18 United States Code Section 24(b) of money by means of materially false
representations and promises that was and is in cenneetlon with the payment for health care
benefits items and services did knowinglyand willfullyexecute the aforesaid scheme
In violationofTitle 18United StatesCode Sections 1347 and 2
COUNTS 14-17
(Mail Fraud Title 18 USC Section J341)
The Grand Jury furthercharges that
136 The allegations containedin paragraphs 1-16 and 18middot102 of this Indictmentare reshy
alleged and hereby incorporatedby referenceas if fully set forth herein
131 Fromon or about January 30 20ll through on or about April 10201 I in the
Northern District of Ohio Western Division and elsewhere Defendants TAREK ELKAFRAWI
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36
and TAREK EIDOMARdevised and intended to devisea scheme and artifice to deframiddotud and to
obtain moneyfrom THOP Corporate by meansof materially false and fraudulent pretenses
representations and promises
MANNER AND MEANS
(t was part of the schemeand artifice that
]38 Using the methods described in Paragraphs 46-54 and 71-78 TAREK ELKAFRAWI
and TAREK EIDOMARmanipulated the SABLE Pointof Sale system to fraudulently report
debits and charges in order to hide the removal of cashdirectly from the Evansville IHOP
TAREK EID OMARat the direction of TAREKELKAFRAWI would then producea fraudulent
PampL report and mail it using the United States PostalService to provide that report to
Management Services in Wichita Falls Texas
139 Onor about each ofthe dates set forth below in the Northern District of Ohio
Western Division andelsewhere for the purpose ofexecutingand attempting to executethe
above described scheme and artifice to defraudTAREK ELKAFRAWI and TAREK EID OMAR
knowingly caused to be placed into any post office or authorized depository for mail matterany
matteror thingto besent and delivered by the US Postal Services and caused to be deposited any
matter to be sent or delivered by privateand commercial interstatecarrier the following matter
from Toledo Ohioand Evansville Indianato WichitaFallsTexas each mailingconstituting a
separate count
COUNT 14
Mm SENDER MAIL MAUER
January 302011 TAREK EID OMAR PampL report
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37
COUNT 15
February14 2011 TAREK BID OMAR PampL report
COUNT 16
March 28 20II TAREKEID OMAR PampL report
COUNT 17
April 102011 TAREK EJD OMAR PampL report
All in violation ofTitle 18UnitedStates Code Sections 341 and 2
COUNT 18
(Use of Fire to Commit a Felony Title 18 USC Sections 844(h) and 2)
TheGrand Jury further charges that
140The allegations contained in paragraphs 1-16 and 18-102 ofthis Indictmentarc reshy
alleged and hereby incorporatedby reference as if fully set forth herein
141On or about August 10 and II 2008 [n the Northern Districtof Ohio Westem
DivisionTAREK ELKAFRAWI and JOSE LEON-GONZALEZ knowingly used fire to commit
Mail Fraud a felony prosecutable in a court of the United States
In violation ofTitle 18 United States Code Sections 844(h) and 2
COUNTl2
(Malicious Use of Fire Title 18 USC Sections 844(i) and 2)
The Grand Jury further charges that
142 The allegations contained in paragraphs 1-16and 18-102 ofthls Indictmentare reo
alleged and hereby incorporated by reference as if fully set forth herein
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38
143 On or about August 10and II 2008 in the Northern District of Ohio Western
Division TAREK ELKAFRAWIand JOSE LEON-GONZALEZ maliciously damaged bymeans
of fire and explosivematerialsa buildinglocated at 7777 Countymiddot Road 136 Findlay Ohio used
in interstatecommerce
In violation of Title 18 UnitedStates Code Sections 844(i) and 2
coUNtS 0-28
(Mail FraudTitle] 8 USCSection 1341)
The Grand Jury furthercharges that
144 The allegations containedin paragraphs 1-16and I8-102 of this lndictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
145 Fromapproximately the month of July 2008 the exact date unknownto the Grand
Jury through On or about October 27 2009 in the Northern District of Ohio Western Division
and elsewhereTAREK ELKAFRAWI devisedand intended to devise 8 scheme and artifice to
defraudFarmers InsW1J1ce Group and to obtain moneyand property by meansof false and
fraudulent pretenses representations and promises
146 It was part of the schemeand artificeto defraud that TAREK ELKAFRAWI would
submit traudulent invoices to FarmersInsuranceGroup under PolicyNumber 602926772 for
work that was not performed or performed at a lower invoice
147It was a furtherpart of the scheme and artifice that TAREK ELKAFRAWI submitted
claims forpayroll costs that were completely illusorybecause the requested claimswere for
periods the restaurant was closed and had no employees
~~~J2012 1149 4192447104
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39
148 It was a furtherpart of the sc erne and artifice that all checks were sent directly to
TAREKELKAFRAWI at the Terry Elk G~OUP not the Findlay lHOP
149On or about each of the dates bet forth below in the Northern District of Ohio
Western Division and elsewhere for the Jurpose of executing and attempting to execute the
above described scheme and artifice to delud TAREK ELKAFRAWI knowinglycaused to be
placed into any post office or authorized dlpository for mail matterany matter or thing to be sentI
and dellvered by the US Postal Service Jd caused to be deposited any matter to be sent or
delivered by private and commercial inters~te carrier the following matter from the state of
Illinois to Toledo Ohio each mailingcon~itUting a separate count
October 17 2008
October22 2008
January 262009
October21 2009
September22 2008
January 26 2009
SENDER
Fanners Insurance
Farmers Insurance
Farmers Insurance
Farmers Insurance
FarmersInsurance
Farmers Inswance
CO 20
M61LMAmR
$S5947S 1check to Terry Elk Group
21
I $45581367 check to Terry Elk Group
~ I $24444302 check to Terry Elk Group
~ I $2262384 check to Terry Elk Group
bOUNTM
I $2500000 check to Terry Elk Croup
~ $15684795 check to Terry Elk Group
PAGE 1015WTOL NEWS05232012 1149 4192447104
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40
COUNT 26
October ~ I 2009 Farmers Insurance $4285205 check to Terry Elk Group
COUNT 27
February 172009 Farmers Insurance $20867200check to Terry Elk Group
COUNT 21
October 27 2009 FarmersInsurance $15226400 check to Terry Elk Group
All in violationofTitle 18 United States Code Section 1341
COUNT 29
(Aggravated IdentityTheft Title 18 USC Section 1028A and 2)
The OrandJury furthercharges that
ISO The allegations contained in paragraphs 1-16and 18~102 of this Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
J51 Onorabout October9 2007 in the Northem District of9hlo Western Division
TAREK ELKAFRAWI did knowinglyuse without lawftllauthority a means of identification of
another personduring and in relation to the commission ofWire Fraud a violation ofride 18
United States Code Section 1343
In violation of Title 18 United States Code Sections I028A(a)(1) and 2
CQVNT30
(Aggravated Identity Theft T~tle is USC Section l028A and 2)
The Grand Jury further charges that
152 The allegations eontained in paragraphs 1-16 and 18-102 of this Indictment are reshy
alleged and hereby incorporated by reference as if fully set forth herein
05232012 1149 4192447104 WTOL NEWS PAGE 111 5
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41
153 On or about May 192008 in the Northern District of Ohio Western Division
TAREK ELKAFRAWIdid knowingly use without lawfulauthoritya means of identification of
another personduringand in relation to the commission of Wire Fraud a violation ofTitle 1g
United StatesCodeSection I~43
In violation of TitJe J8 UnitedStates Code Sections 1028A(a)(I) and 2
COUNT31
(Aggravated IdentityTheftTitle 18USC Section J028A and 2)
The Orand Jury furthercharges that
154 The allegations contained in paragraphs 1-l6- and 18middot102 of this Indictment are reshy
alleged and herebyincorporated by reference as if fully set forth herein
155 On or aboutJuly 132Q09 in the Northern District of Ohio Western Division
TAREK ELKAFRAWIj did knowingly use without lawfuJ authority a means of identification of
another personduring and in relation to the commission of Wire Fraud a violation of Title 18
United StatesCodeSection 1343
In violationofTitle 18 United States Code Sections 1028A(aXl) and 2
COlNT32
(Aggravated IdentityTheft Title 18USC Sectlon J028A and 2)
The Grand Jury furthercharges that
J56 Theallegations contained in paragraphs1-16and 184 J02 of this Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
157On or about May3l 2009 in theNorthern Districtof Ohio Western Division
TAREK ELKAFRAWI did knOWingly use without lawful authoritya means of identification of
OS232012 1149 4192447104 WTOL NEWS
Case 312-cr-00262-DAK Doc 1 Flied 0522112 42 of 65 PagelD 42
42
another person during and in relation to the commission of Wire Fraud a violation of Title 18
United States Code Section 1343
In violation ofTitle 18 United States Code Sections 1028A(a)(I) and 2
COUNT 33
(Aggravated Identity Theft Title 18 UsC Section l028A and 2)
The GrandJury further charges that
138 The allegationscontainedin paragraphs 1-16 and 18-]02 of this Indictment are reshy
alleged and herebyincorporated by reference as if fullyset forth herein
159 On or about October 22008 in the Northern District of Ohio Westem Division
TAREK ELKAFRAWI did knowingly use without lawfulauthority a means of identification of
another personduring and in relation to the commission of Wire Fraud a violationof Title 18
United States Code Section 1343
In violationof TItle ]8 United States Code Sections 1028A(a)(I) and 2
CQVNT34 (Aggravated IdentityTheft Title 18 USC Section 1028A and 2)
The Grand Jury furtherchargesthat
160 The allegationscontained in paragraphs 1-16and 18-102ofthis Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
16t Onor about January27 2008 in the Northern District of Ohio WesternDivision
TAREK ELKAFRAWI did knowinglyuse without lawfulauthority a means of identification of
anotherpersonduringand in relation to the commissionofWire Fraud a violation ofTitJe 18
United States Code Section 1343
In violation of Title 18United States Code Sections l028A(a)(1) and 2
I I
WTOL NEWS PAGE 13115OS232012 1149 4192447104 I
Case 312-cr-00262-DAK Doc 1 Filed 052212 43 of 65 PagelD 43
43
COUNT 35 (AggravatedIdentityTheft Title 18USC Section 1028A and 2)
The Grand Jury further charges that
162The allegations contained in paragraphs I-16 and 18-102 of this Indictment are reshy
alleged and herebyincorporated by reference as jf fully set forth herein
163On or about March 72009 in the NorthernDistrict of Ohio Western Division
TAREK ELKAFRAWI and KHALED YOUSEF did knowinglyuse without lawful authority a
means of identification of another personduringand in relation to the commission of Wire Fraud
a violation of Title 18 United States Code Section 1343
In violationof Title 18 United States Code Sections 1028A(a)(1)and 2
COUNT 36
(Aggravated IdentityTheft Title 18 USC Section 1028Aand 2)
The GrandJury further charges that
164 The allegations contained in paragraphs 1-16 and 18-102 of this Indictmentare reshy
allegedand hereby incorporated byreferenceas if fully set forth herein
16S On or about March tS 2009 in the Northern District of Ohio Western Division
TAREK ELKAFRAWI and KHALED YOUSEF did knowinglyuse without lawful authority a
means of identification of another person duringand in relation to the commission of WireFraud
a violation of Title 18United States Code Section 1343
In violation ofTitle 18United States Code Sections l028A(a)(1) and 2
~~~~2012 1149 4192447104 wloe NEWS
Case 312-cr-00262-0AK Doc 1 Filed 052212 44 of 65 PagelD 44
44
COUNT 37
(Aggravated Identity The~ Title 18 USC Section l028A and 2)
The GrandJury further charges that
166 Theallegations contained in paragraphs 1-16 and 18-] 02 of this Indictment are reshy
alleged and hereby incorporated byreference as if fully set forth herein
167 On or aboutJuly 21 2009 in the Northern District of Ohio Western Division
TAREK ELKAfRAWI and RAMIZAWWAO did knowingly use without lawful authority a
means of identification of anotherperson duringand in relation to the commission of WireFraud
a violation of Title 18United States Code Section 1343
In violation ofTitle 18 UnitedStates Code Sections l028A(a)(1) and 2
cOUNT38
(Aggravated Identity TheftTitle 18 USC Section 1028A and 2)
The Grand Juryfurthercharges that
168Theallegations contained in paragraphs 1-16 and t8-102 of this Indictment are reshy
alleged and hereby incorporated by reference 8S if fully set forth herein
169 On or about July 132009 in the NorthernDistrict ofOhio WesternDivision
TAREK ELKAFRAWIand IAMIL MOHAMMED AWWAD did knowingly use withoutlawful
authority a meansof identification of another person during and in relation to the commission of
Wire Fraud a violation ofTitle 18 United States Code Section 1343
In violation of Title 18 United States CodeSections l028A(a)(1) and 2
11 4l 41 l~44 IUl4 WIUL NIWl
Case 312-cr-00262-DAK Doc 1 Filed 0522112 45 of 65 PagelD 45
45
COUNT 39
(Identity Theftt Title 18 USC Sections 1028 and 2)
The Grand Jury further charges that
170 The allegationscontained in paragraphs 1-16 and 18-102 of this Indictment are reshy
alleged and hereby incorporated by reference as if fully set forth herein
171 On or about December132010 in the Northern District orOhio Western Division
TAREKELKAFRAWI and DONNA J HARRIOTTt did knowingly use in or affectinginterstate
or foreigncommerce without lawful authority a means of identification ofanother person to wit
s social securitynumber and date of birth with the intent to commit or to aid or abet or in
connectionwith any unlawful activitythat constitutes Wire Fraud 8 violation of 18USC
sect1343 and the offense involved the useof an authentication feature that is or appears to be an
identification document or authentication feature issued by Or under the authority of the United
States
All in violation ofTitle 1St United States Code Sections 1028(a)() (b)(l )(A)(l) and (f)
and 2
COUNI40
(Identity Theft Title 18USCbull Sections 1028and 2)
TheGrand Juryfurther chargesthat
172The allegationscontained in paragraphs 1-16 and J8middot102 of this Indictment are reo
allegedand hereby incorporated by referenceas if fully set forth herein
173On or about May42010 in the Northern District ofOhio Western Division
TAREK ELKAFRAWI and SARA RINEBOLT did knowingly use in or affecting interstate or
41l44flI14 WIUL NcW~
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17
58 Byknowingly entering inaccurate infonnation into the PampLs TAREK ELKAFRAWI
MK KM and the store managersactingat their direction in effect manipulated the tax
burden levied on their corporation byfederal state and local governments
59 Furthermore as II result of the PampLmanipulation the net profits Were artificially
deflated to minimize the amount of royalties and rent paid to IHOP Corporate
Defrauding Worken Compensation
60 Beginning in approximately2003 TAREK ELKAFRAWI MK and KM set up
various schemes to defraud BWC and lowerthe amount they had to pay into the Workers
Compensation system BWCpayments helpcover the cost of injuries to employees whoare hurt
on the job and functions as a ferm of insurance for a company The percentageof wagespaid by
the employerare relatedto the type of business a companydoes the number of employees the
number of claims in prior reporting periodsand other factors to arrive at a semi-annual figure
owed by a company
61 From 2004 to the present TAREK ELKAFRAWIand MK manipulated some of the
factors used by awe to determine an employers premiumsfor its employees For instance
since managers premiumsare calculated at a higher rate because their salaries are greaterthan
other employees TAREKELKAFRAWI MK and KM devised a scheme to lower manager
reporting to zero(0) likewise a cooks premium would be calculated at a higher rate because
they work in moredangerous situations thanwaitresses TAREK ELKAFRAWI MK and
KM developedwaysto manipulate the reporting ofemployees average weekly salaries Also
although overtime and tips are calculated by BWCTAREK ELKAFRAWI MK and KM
WIUL NtW~41 j~441~4~o~~pound~l~ 1144
Case 312-cr-OD262middotDAK Doc 1 Filed 052212 18 of 65 PagelD 18
18
deviseda schemeto avoid includingthose two factors in the final equation to fraudulently
understate premiums owed to awe
62 During2004 MK and KM submitted the semi-annual reports in person at the
Toledo office ofBWC The paymentswere made via check which triggered an electronic funds
transfer from IHOP bank accounts to BWe accounts In 2005 awc switched to an electronic
filing system
63 MK directedKM to use the averageof the lowest weekly payroll to calculatethe
semi-annual wage figure despite the fact that Bwe regulations required an average ofall weekly
wage figures for the reporting period By submitting only an average of the lowest weeks
TAREK ELKAFRAWI MK and KM deflatedthe wage figure
64 To further depress the numbers MK told KM to omit the salaries ofmanagers and
tips and then deductmore from the total Generally this manipulationdecreased the final wage
figure by an additional twenty percent(20)
6 From 2004 to the date of this indictment TAREK ELKAFRAWI was made awareof
the paymentfigure regardless of who filed the form and directed each paymentto be lower than
the previousone
66 DespiteTAREK ELKAFRAWls seeminglyarbitrarY calculus this reportingfigure
could be audited by awe The department required all businesses to file a Form 941 which
listed employees wages and taxes paid every90 days for the purpose ofpaying federal taxes
67 The Fonn 941 was created for BWC using Profit and Loss sheets MICROS and
payrollrecordsand was generally consistentwith those documents
WTOL NEWS PAGE 0415OS232012 1144 4192447104
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19
68 During an audit BWe could request the Form 941 and compare those numbers with
the numbers provided to awe
69 Between 2004 and 2009 KM received noticesof Bwes intention to audit various
Toledo IHOP locations Each timea notice was receivedKM TAREK ELKAFRAWI and
MK simplyignored it Threeof the auditswere never perfonned by BWC
70 BWe did audit the Findlay IHOP in 2007 fora two-year period Originally it was
determined that the restaurant owed over $55)000 in unpaidawe premiumsfor that timeperiod
71 In orderto avoid paying these premiums KM amendedtherestaurant)s worksheet
deletingmanagersnames from the list of employees and fraudulently listing the managers 8S
officersof the corporation that owned Findlayand therefore we~ exempt from payingworkers
compensation premiums However the Articles of Incorporation were not changed to list these
managers as corporate officers
72 Bymaking this change at the direction ofTAREK ELKAfiRAWI KM reportedly
reduced the amount of premiums owed awe to approximately i35000 When AunrMN LEE
TANGAS learned of thisscheme rather than reporting it to IHOP Corporate either the crime or
the addition of newofficersas required by corporate policy she told KM Youjust saved
TAREKs a-
73 In 2007 in response to the auditTAREKELKAFRAWI MK and KMcreated the
Terry Elk Group all managers weretransferred to that company and put on its payroll The
Terry Elk Group was created byKM at thedirection ofTAREK ELKAFRAWIto further
minimize payments to awe
PAGE 05 5WTOL NEWSOS232012 1144 41g2447104
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20
74 Although each of the seven identifiedmop restaurants transferred money to the
Terry Elk Groupto pay salaries for managers the Terry Elk Group never paid awe taxes
75 TAREK ELKAFRAWIand MK were officers of the Terry Elk Group and TAREK
ELKAFRAWland AUTUMN LEETANGAS both told KM that this was a great solution to
avoid payingBWC
76 The falsification of recordsand thecreation of the Terry Elk Group resulted in an
underpaymentofapproximately S2S0OOO to BWe
Document FJ1lud
77 TAREK ELKAFRAWI MK and TAREK EID OMAR further manipulated the
accounts of the IHOPrestaurants in order to laundermoney through false payouts and
fraudulentlyreported transactions
78 TAREK ELKAFRAWI MKand TAREK EID OMAR used a system of payouts
in the fonn of paper receipts deposited in the cash registers to reflect further unreported cash
withdrawals While these receipts were ostensibly for occasional items such as landscaping
charges extra food ingredients or supplies jn reality most payouts were not for services
rendered but weremerely cash withdrawals TAREK ELKAFRAWI MK and TAREK EID
OMAR directed managers to create payout slips to cover cash withdmwals and use the payout
slips to justify the withdrawals as business expenses to the accountants
Insurance Fraud
79 In 2008 the Findlay IHOP burned as a result of arson The fire was intentionally
started by JOSE LEON-GONZALEZ and individuals unknown to the Grand Juryat the direction
PAGE El6 5 WTOL NEWSOS232012 1144
Case 312-cr-00262-DAK Doc 1 Filed 0522112 21 of 65 PagelD 21
21
and orderofTAREK ELKAFRAWI and MK to facilitate insurance fraud schemes by TAREK
ELKAFRAWI
80 TAREK ELKAFRAWIsubmitted approximately $136million in fraudulent
insurance claims for firedamage to the restaurant The receipts submitted to the insurance
company reflected overcharges charges for work never doneworkdone at artificially inflated
prices and for fraudulent payroll claimsand lost income Additionally TAREK ELKAFRA WI
created wholly fictitious invoices and diverted thosepayments to his personal use
Rebate Fraud
81 TAREK ELKAFRAWIandMK used a varietyofadditional accounting
manipulations to affect the franchises balancesheets For example TAREKELKAFRAWI
often personally received rebate checks from food and beverage vendors reflecting the large
amountsofmoneyspent with theircompanies Thesechecksweremailed directly to TAREK
ELKAFRAWIs homes in Toledo and Evansville ratherthan delivered to the intended restaurant
The amounts were substantial Tropicanas annual rebate was approximately $12000 Cocashy
Colas annual rebate was approximately $7500 US Foods annual rebate was approximately
$80000 and Pepsis annual rebatewasapproximately S55000 From2004 to the date oftbis
indictment the total amount of rebate payments received by TAREK ELKAFRAWI exceeded
SIIOOOOO
82Before 2005TAREK ELKAFRAWI simplyused this money for personal expenses
However after 2005 TAREK ELKAFRAWIoccasionally reinvested the rebate money into the
franchises as a loan from officer
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22
83 Under this scheme TAREK ELJltAFRAWI was essentiallyclaimingthe corporations
money for himself8Jld loaning it back to the businesswhilenot reporting the rebate money as
personal income This generated an additional unwarranted liability for the corporation receiving
the loan while TAREK ELKAFRAWI would take a personal loss on his taxesfor the unpaid
loan Thus the overall tax liability for the company and for TAREK ELKAFRAWI was
fraudulently lowered
Other Schemes to Defraud
84 Thebalance sheet was also affectedby claimingremodelingcosts as a liability instead
of an asset IHOP Corporatemandated that each restaurant be remodeled every five years Per
JHOP Corporate policy this costs a franchise approximately $70000 Under standard
accountingpractices this remodel should be considered an appreciation However TAREK
ELKAFRAWI regularly directed the accountants to claimthis expense as repair and
maintenance considered a liability
85 In September2010 ManagementServices the accountantsused by TAREK
ELKAFRAWI questioned a $40000 remodelingof the Evansville restaurant completedin 2007
TAREK ELKAFRAWI lied to the accountantsthat the $40000was a personal loan from a
businesspartner Management Services then issuedcheckstotaling $40000 to the business
partner TAREK ELKAFRAWI took these checks for his own purposes
86 TAREK ELKAFRAWI also used the restaurants to obtain loans that he would
otherwisenot beable to secure TAREK ELKAFRAWIapplied for loans using well-performing
IHOP restaurants as collateral for the loans then used those loans to pay for improvements on his
other (HOPrestaurants
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23
87 The improperbenefitreceived arose from the fact that each restaurant is an
independent corporation Knowing that certainIHOP restaurants such as Findlay would be
unable to securea loanTAREK ELKAFRAWIwould apply for a loan using a corporation for a
healthyrestaurant likeLima Once he hadsecured that loan he wouJd use the money on the
unqualified restaurant
88 Thusthe healthy restaurant wouJd cany a loss in the form of an outstanding loan on
its books lowering its tax liabilities while the other restaurantenjoyed the use of the loan
without having to report the transferof funds as profit
89 TAREKELKAFRAWI furtherusedschemes to transfer moneyobtained from IHOP
Corporate intended to benefitone restaurant to the use of another restaurant or directly to
himself
90 Forinstance advertising and marketing revenue would be used byTAREK
ELKAFRAWIand MK in a mannersimilar to the rebate checks In 2007 TAREK
ELKAFRAWIsubmitted a fraudulent invoicereflecting the purchase of an advertising sign for
CentrallHOP for$13500when in facthe only spent $3500 on the sign He receiveda check
fromIHOPCorporate for $13500and pocketed the difference TAREK ELiltAFRAWI
thereafterreported the remaining $ J0000 as a loan ftom officer and not taxable income
9Jbull TAREK ELKAFRAWI and MK also used the CentraliHOPs advertising budget
provided by li-fOP Corporate to pay for all of the northwest Ohio ]HOPs marketing They
would inflateCentrals invoice with the Invoices for the five other restaurantsand then send that
aggregate invoice to HOP Corporate
PAGE 091 505232012 1144 4192447104 WTOL NEWS
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24
MediearelWelfarerrax Fraud
92 TAREK ELKAFRAWI MK and TAREKEID OMAR together and separately
devised schemesto personaltycollectmedical and welfarebenefits for which they did not
qualifyand sanctioned employees to do so as well
93 Using an alternate identity MK split his salary between two paychecks creating a
lower reportableincomefor each identity Usingthese dual identities MK has to date claimed
approximately $140000 in Medicaid paymentsand $35000 in food stamps and welfare benefits
from the State of Ohio
94 To further these schemesTAREK ELKAFRAWI and MK created a false property
management companythrough which MK paid rent to TAREK ELKAFRAWI in order to
show less income BothTAREK ELKAFRAWIand MK created and submitted false payroll
checks and financial documentsto support the fraudulent claims
95 TAREK ELKAFRAWI and MK also sanctionedand encouraged employees to file
fraudulent claims KHALED YOUSEF TAREK EID O~ RAMIZ AWWAD and JAMIL
MOHAMMED AWWAD were told by TAREK ELKAFRAWI and MK how to minimizetheir
payrollearnings throughthe use of multipleidentities in order to claim benefits TAREK
ELKAFRAWI toldTAREK EID OMARto eitherstart fraudulently claiming welfare or quit
having children
96 These manipulations to income revenue and payroll were reflectedin erroneousand
fraudulent tax statements to the Internal RevenueService TAREK ELKAFRAW1 directed
accountants to file his personal and corporate lax returns based on this fraudulent information in
an attempt to minimize and obscure his true incomeand tax liabilities
PAGE 10 5WTOL NEWS4192447104OS232012 1144
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Money Laundering Schemes
97 Inorder to hideandconceal thesourceof the proceedsof the wire fraud schemes
TAREK ELKAFRAWI KELLY ELKAFRAWI MK and TAREK EID OMAR engaged in real
estatetransactions
98 TAREK ELKAFRAWI loaned TAREKEID OMARand previous Evansville mop
managers YS andAA approximately S50OOO to purchase a gas station in Evansville Indiana
usingfunds derived solely from TAREK ELKAFRAWrs rnop franchises
99 To conceal the source and nature of the funds used to purchasethe gas station located
at 600North Burkhardt Road Evansville Indiana TAREK ELKAFRAWI transferred
approximately SSOOOO to TAREK EIDOMAR Y S and AAwhich theyused to purchase the
gasstation
100Using laundered assets fromthe IHOP restaurants TAREK ELKAFRAWI and
KELLY ELKAFRAWI purchased homes at l0400 Tecumseh Drive Newburgh Indiana and
J4745 Prairie Lake Drive Toledo Ohio
101 Likewise MK purchased the following properties using funds from bankaccounts
in his various names 2510 Live Oak Road Sylvania Ohio 4027 Meadowgreen DriveSylvania
Ohio 7129 Sandy Springs Road Maumee Ohio and4837 SpringbrookDriveToledo Ohio
The funds were proceeds of the fraudulent schemes
102 Finally from 2004to the date of this indictment TAREK ELKAFRAWIsent
proceeds of fraudulent IHOP transactions overseas by carrying them on his person usingbank
acccunts ownedandcontrolled byTAREKEIDOMARand others knownto the Orand Juryand
using Western Union accounts operated by TAREK EIDOMARand SM (not charged in this
41 1pound44 (1~4 WIUL N~W~
Case 312-cr-00262~DAK Doc 1 Filed 0522112 26 of 65 PagelO 26
26
indictment) Those funds have been used in part to purchase real estate and to make investments
in Egypt
All in violation of Title 18 United States Code Section I956(h)
COVNTl
(Conspiracy to HarborAliens Title 8 UsC Sections t324(a)(l)(AXiii) and I324(a)(1)(AXv)(I)
The Orand Jury furthercharges that
I03 Paragraphs 1-16and 18-I02 are re-alleged and hereby incorporated by referenceas if
fully set forth herein
104 From at least as early as January2004 the exact date to the Grand Jury unknown
through at least December31 2011 in the Northern District of Ohio Western Division and
elsewhere the DefendantsTAREK ELKAFRAWI KELLY ELKAFRAWI AU11JMN LEE
TANGAS MK JOSE LEONmiddotGONZALEZ aka Jose Leon aka Jose Vargas aka Juan Vargas
aka Edwin MartelTAREK ElD OMAR CARLOS GAMBOA KHALED YOUSEF RAMIZ
AWWAD aka Ray JAMIL MOHAMMAD AWWAD KHALIL ABOUDAKKA MAHMOUD
ALI MOHAMED HASSANDONNAJ HARRIOIT LUCKY WILLIAMS and CESAR
AVILA did knowingly and intentionally combine conspire and confederate with each other and
with others known and unknown to the Grand Jury to conceal harbor and shield from detection
one or more aliens namely FJV-PJOSE LEON-GONZALEZ aka lose Leon aka Jose Vargas
aka Juan Vargas aka Edwin Martel MT-C C V V-A S L CESAR AVILA CARLOS
GAMBOAE M A M A G F G J LNU J LNU and approximately two hundred other
aliens known to the Grand Jury In several buildings including but not limited to the Perrysburg
PAGE 12 5WTOL NEWSOS232012 1144 4192447104
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27
Findlay Lima Airport Highway Central Talmadge and Evansville JHOPs as wellas 801 Hiltop
and 4020 RoyerRoad in ToledoOhio knowingand in recklessdisregard of the fact that the
aUen(s) had cometo entered and-remained in the United States In violation of law
A) 11 waspart of the conspiracy that the managers of (HOP restaurants
would hire undocumented aliens to workat the mops after clearingthe
hires with MK or TAREKELKAFRAWI
B) It was further part ofthe conspiracy that undocumented aliens would be
paid in cashuntil theyobtained fraudulent immigration and workdocuments
C) It was funher part of the conspiracy that co-conspirators sometimes would
assist the aliensin finding lodging and in cashing checksat the mop
or bankinginstitutions
D) It was further part oCthe conspiracy that undocumented aliens often would
be paid usinga fake name Or check name
E) It was further part of the conspiracy that the undocumented aliens sometimes
would be transported to other HOP restawant locations to work
F) It was further part ofthe conspiracy that co-conspirators sometimes would
assign to the undocumented aliens the socialsecurity numbers and personal identifierS of
former employees to shield the illegalworkers from discovery
All in violation of Title 8 United States Code Sections 1324(a)(l)(A)(iii) and
1324(a)(1 )(A)(v)(I)~
PAGE 13 5WTOL NEWSOS232012 1144 4192447104
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28
WVNTS3~7
(Mail Fraud Title 18USCbull Section 1341)
The Grand Jury furthercharges that
t OS The allegatiens contained in paragraphs Imiddot16 and 18middot02 of this Indictment are reo
allegedand hereby incorporated by referenceas if fully set forth herein
106 From on or about August 192003 to the dateof this Indictment in the Northern
District or OhioWestern Division and elsewhere TAREK ELKAFRAWI AUTUMNLEE
TANGAS andMK (not charged in this Indictment) devisedand intended to devise a scheme
and artifice to defraud IHOPCorporateand to obtain money and property by meansof materially
false and fraudulent pretensesrepresentations and promises
MANNER AND MEANS
107It waspart of the scheme that TAREK ELKAFRAWI through the use of the
MICROS system knew that sales were obtainedby IHOP Corporate on 8 weeklybasis through an
automatic remote uploading ofdata TAREK ELKAFRAWI knew that IHOP Corporateused the
weeklynet sales figures to determine the weeklyroyalty and rent amount owed byeach franchise
likewisehe knewthat IHOPCorporatedid not examine the weekly deductions from grosssales
that resulted in the net sales figures
108 In fact prior to 2004 TAREK ELKAFRAWI receivedregular IHOP Corporate
reviewsof the operating expensesand balancesheets that showed the costs deducted from gross
sales reflected in net sales After AUlUMN LEETANGAS became FBC in 2004 such thorough
PAGE 14 5WTOL NEWSOS232012 1144 4192447104
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29
reviews ceased entirely TAREKELKAFRAWI thereafter devised various schemesto
manipulate the MICROS system in order to create lower-than actual weekly net sales
109Onesuch schemewas to simply tum the MICROS system otT so sales werenot
recorded
110Additionally TAREK ELKAFRAWI instructed his lHOP managers to voidsales
entirelyor to givesignificant discounts to tickets after the ticket had been paid for by thecustomer
and closed
11 J Othercosts chargedagainst grosssales includedunit promotions contests
maintenance andpayouts for whichno documentation was provided In fact these were cash
distributions toTAREK ELKAFRAWI and other employees representingunreported income
112TAREK ELKAFRAWI also woulddeposit rebatecheeks from vendors into the
CentrallHOP account however he would direct his accountants to reflect the deposit as a loan
from officer rather than as incomefrom a rebate This fraudulent representation created an
additional debt on the balance sheet of Central JHOP thus giving the appearancethat the
restaurantwas encumbered with debt and operating expenses and not profitable
1t3 Asa result of these schemes TAREK ELKAFRAWI created the appearance through
his weeklysalesfigures that the CentrallHOP store wasseverely underperforming
114 SInce 2007 TAREK ELKAFRAWI with the help of AUruMN LEETANGAS
applied for rentand royalty reliefpayments from IHOPCorporate Based on the fraudulent
weeklynet sales reports and the annual recommendation of AUlUMN LEE TANOASTAREK
ELKAFRAWIreceived approximately $2300 a week in rentas well as royaltyrelief from HOP
Corporate to which he otherwisewJ not entitled
OS232012 1144 4192447104 WTOL NEWS PAGE 15 5
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30
116 ThesereHefpayments werememorialized in annualcontractsamending the franchise
agreement for eachyear to retlect the newrelief payment agreement Thesecontracts were mailed
from mop Corporate headquarters in Glendale California to Toledo Ohio after the FBCand
RD memos were submitted and approved
117 Onor abouteach of the dates set forth below in the Northern District of Ohio
Western Division and elsewhere for the purpose of executing and attempting to execute the
abovedescribed scheme and artifice 10defraud DefendantsTAREK ELKAFRAWI and
AUTUMNLEE TANOAS knowingly caused to be placed into any post office or authorized
depository for mail matterany matteror thingto be sentand deliveredby the US Postal Service
and caused to be deposited any matterto be sent or delivered by privateand commercial interstate
carrier the following matterfrom Glendale California to Toledo Ohioeach mailing constituting
a separate count
COVNT3
~ SENDER MAJLMATIER
September 24 2007 IHOP Corporate mailing of Amended ReliefContract
COUNL4
June5 2008 IHOPCorporate mailing ofAmended ReliefContract
COUNTS
August 172009 lHOP Corporate mailing of Amended Relief Contract
CQUNT6
May 25 20)0 IHOP Corporate mailing of Amended Relief Contract
OS232012 1149 4192447104 WTOL NEWS PAGE 0115
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31
COuNT 7
May 162011 IHOPCorporate mailing of Amended Relief Contract
All in violation ofTitle l8 United States Code Section 1341
COUNTS
(Health Care FraudTitle 18 USC Sections 1347and 2)
The Grand Jury further charges that
118The allegations contained in 1-16and 18-102of this Indictment are re-allegedand
herebyincorporated byreferenceas if fullyset forth herein
119Using the methodsdescribed in Paragraphs 60-78 TAREK ELKAFRAWr and
others known to the Orand Jury submitted fraudulent reports to BWe resulting in BWe
undercbarging the Airport Highway IHOP
120 From on or about June 4 2004 to the date of this Indictment in the NorthernDistrict
of Ohio Western Division and elsewhere TAREK ELKAFRAWI and others known to the
Orand Jury having devised and intendingto devise B scheme and artifice to defraud the Ohio
Bureauof Workers Compensation (BWe) a healthcare benefit program as defined in Title 18
United States CodeSection24(b) of money by means ofmateriaJly false representations and
promises that was and is in connectionwith the paymentfor health care benefits items IUId
services did knowingly and willfully execute the aforesaid scheme
In violation of Title 18 UnitedStates Code Sections 1347and 2
PAGE 0215WTOL NEWSOS232012 1149 4192447104
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32
COLlNT9
(Health Care FraudTitle 18 USC Sections 1347and 2)
The Orand Jury further charges that
121 The allegations contained in paragraphs )-16 and 18102 of this Indictmentare reo
alleged and herebyincorporatedby reference as if fully set forth herein
122 Using the methodsdescribed in Paragraphs60-78 TAREK ELKAFRAWI and
others known to the Orand Jury submitted fraudulent reports to Bureau of Workers Compensation
(BWC)resulting in BWe undercharging theTalmadge IHOP
123 From on or about June 4 2004 to the date of this Indictment in the Northem District
ofOhio Western Divisionand elsewhere TAREK ELKAFRAWI and others known to the
Grand Jury having devised and intendingto devisea scheme and artifice to defraud the Ohio
awe a health carebenefit program as defined in Title )8 t United States CodeSection 24(b) of
moneyby means of materially false representations and promises that was and is in connection
with the paymentfor health care benefits hems and services did knowinglyand willfullyexecute
theaforesaid scheme
In violation of Title 18 UnitedStatesCode Sections 1347 and 2
CQUNTlll
(Health Care FraudTitle 18USC Sections 1347and 2)
The Orand Jury further charges that
124 Theallegations contained in paragraphs 1-16 and 18-102 of this Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
PAGE 0315WTOL NEWSOS232012 1149 4192447HI4
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33
125 Using themethods described in Paragraphs 60-78 TAREK ELKAFRAWI and
others known to the OrandJury submitted fraudulent reports to BWC resulting in BWC
undercharging the Lima IHOP
126 From on or about August 31 2007 through the date of this Indictment in the
Northern District of Ohio Western Divisionand elsewhereTAREK BLKAFRAWIand others
known to the GrandJury havingdevisedand intendingto devise a scheme and artifice to defraud
the Ohio Bureau of Workers Compensation (BWe) a health care benefit program as defined in
Title 18 United StatesCode Section24(b) of money by means of materially false
representations and promises that wasand is in connection with the payment for health care
benefits items and services did knowingly and willfullyexecute the aforesaid scheme
In violationof Title 18UnitedStates Code Sections 1347and 2
COUNT 11
(Health Care Fraud Title 18 USC Sections 1347and 2)
The Grand Jury furtherchargesthat
127The allegations contained in paragraphs 1-16and 18-102of this Indictment are reshy
allegedand herebyincorporated by reference as if fully set forth herein
128 Using the methods described in Paragraphs60-78 TAREK ELKAFRAWI and
others known to the OrandJury submitted fraudulent reports to Bwe resulting in awe
undercharging the Findlay IHOP
129 From on or aboutMay 102004 through the date of this Indictment in the Northern
Districtof Ohio Western Division and elsewhere TAREK ELKAFRAWI and others knownto
theGrand Jury havingdevised and intending to devise a scheme and artifice to defraud the Ohio
Bureau of WorkersCompensation (BWe) a health care benefit program as defined in Title 18
4) lL44Hl4 WIUL NIW~
Case 312-cr-00262-DAK Doc 1 Filed 052212 34 of 65 PagelD 34
34
United StatesCode Section 24(b) of moneyby meansof materially false representations and
promises that wasand is in connection with the payment for healthcare benefits items and
services did knowingly and willfully execute the aforesaidscheme
In violation of Title 18 United States Code Sections 1347and 2
CoUNT12
(Health Care Fraud Title 18USC Sections 1347and 2)
The Orand Jut)I further charges that
130 The allegations contained in paragraphs Imiddot] 6 and 18-]02 of this Indictmentare reshy
alleged and hereby incorporated by reference as iffulJy set forth herein
13 l Usingthe methods described in Paragraphs 60-78 TAREK ELKAFRAWI and
others knownto the Orand Jury submitted fraudulent reports to BWe resulting in awe
undercharging the Central IHOP
132 From onor about February 28 2005 through the date of this Indictment in the
Northern Districtof Ohio Westem Division and elsewhere TAREKELKAFRAWI and others
known to the Grand Juryhavingdevisedand intending to devisea scheme and artifice to defraud
the Ohio Bureau of Workers Compensation (BWC) a health care benefitprogram as defined in
Title 18 United States CodeSection24(b) of money by means ofmaterially false
representations and promises that was and Is in connection with the paymentfor health care
benefits items and services did knowingly and willfully executethe aforesaid scheme
In vioJation of Title 18 United States Code Sections 1347and 2
41 I~4411~4 WIUL N~W~
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3S
COUNT 13
(HealthCare Fraud Title 18 USC Sections 1347 and 2)
The Grand Jury furtherchargesthat
133The allegationscontained in paragraphs 1middot16 and 18middot102 of this Indictment are reshy
alleged and herebyincorporated by reference 8$ if fullyset forth herein
134 Using the methodsdescribed in Paragraphs 6Q78 TAREK ELKAFRAWI and
others known to the GrandJury submitted fraudulent reports to awc resulting in awe
undercharging the Perrysburg JHOP
135 From on or about August 30 2005 through the date ofthis Indictment in the
Northern District of Ohio Western Division and elsewhere TAREK ELKAFRAWI and others
known to the GrandJury having devised and intending to devise a scheme and artifice to defraud
the Ohio Bureauof WorkersCompensation(BWC) a health care benefit program as defined in
Title 18 United States Code Section 24(b) of money by means of materially false
representations and promises that was and is in cenneetlon with the payment for health care
benefits items and services did knowinglyand willfullyexecute the aforesaid scheme
In violationofTitle 18United StatesCode Sections 1347 and 2
COUNTS 14-17
(Mail Fraud Title 18 USC Section J341)
The Grand Jury furthercharges that
136 The allegations containedin paragraphs 1-16 and 18middot102 of this Indictmentare reshy
alleged and hereby incorporatedby referenceas if fully set forth herein
131 Fromon or about January 30 20ll through on or about April 10201 I in the
Northern District of Ohio Western Division and elsewhere Defendants TAREK ELKAFRAWI
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36
and TAREK EIDOMARdevised and intended to devisea scheme and artifice to deframiddotud and to
obtain moneyfrom THOP Corporate by meansof materially false and fraudulent pretenses
representations and promises
MANNER AND MEANS
(t was part of the schemeand artifice that
]38 Using the methods described in Paragraphs 46-54 and 71-78 TAREK ELKAFRAWI
and TAREK EIDOMARmanipulated the SABLE Pointof Sale system to fraudulently report
debits and charges in order to hide the removal of cashdirectly from the Evansville IHOP
TAREK EID OMARat the direction of TAREKELKAFRAWI would then producea fraudulent
PampL report and mail it using the United States PostalService to provide that report to
Management Services in Wichita Falls Texas
139 Onor about each ofthe dates set forth below in the Northern District of Ohio
Western Division andelsewhere for the purpose ofexecutingand attempting to executethe
above described scheme and artifice to defraudTAREK ELKAFRAWI and TAREK EID OMAR
knowingly caused to be placed into any post office or authorized depository for mail matterany
matteror thingto besent and delivered by the US Postal Services and caused to be deposited any
matter to be sent or delivered by privateand commercial interstatecarrier the following matter
from Toledo Ohioand Evansville Indianato WichitaFallsTexas each mailingconstituting a
separate count
COUNT 14
Mm SENDER MAIL MAUER
January 302011 TAREK EID OMAR PampL report
OS232012 1149 419~447104 WTOL NEWS PAGE 0715
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37
COUNT 15
February14 2011 TAREK BID OMAR PampL report
COUNT 16
March 28 20II TAREKEID OMAR PampL report
COUNT 17
April 102011 TAREK EJD OMAR PampL report
All in violation ofTitle 18UnitedStates Code Sections 341 and 2
COUNT 18
(Use of Fire to Commit a Felony Title 18 USC Sections 844(h) and 2)
TheGrand Jury further charges that
140The allegations contained in paragraphs 1-16 and 18-102 ofthis Indictmentarc reshy
alleged and hereby incorporatedby reference as if fully set forth herein
141On or about August 10 and II 2008 [n the Northern Districtof Ohio Westem
DivisionTAREK ELKAFRAWI and JOSE LEON-GONZALEZ knowingly used fire to commit
Mail Fraud a felony prosecutable in a court of the United States
In violation ofTitle 18 United States Code Sections 844(h) and 2
COUNTl2
(Malicious Use of Fire Title 18 USC Sections 844(i) and 2)
The Grand Jury further charges that
142 The allegations contained in paragraphs 1-16and 18-102 ofthls Indictmentare reo
alleged and hereby incorporated by reference as if fully set forth herein
WTOL NEWS PAGE 0815OS232012 1149 4192447104
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38
143 On or about August 10and II 2008 in the Northern District of Ohio Western
Division TAREK ELKAFRAWIand JOSE LEON-GONZALEZ maliciously damaged bymeans
of fire and explosivematerialsa buildinglocated at 7777 Countymiddot Road 136 Findlay Ohio used
in interstatecommerce
In violation of Title 18 UnitedStates Code Sections 844(i) and 2
coUNtS 0-28
(Mail FraudTitle] 8 USCSection 1341)
The Grand Jury furthercharges that
144 The allegations containedin paragraphs 1-16and I8-102 of this lndictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
145 Fromapproximately the month of July 2008 the exact date unknownto the Grand
Jury through On or about October 27 2009 in the Northern District of Ohio Western Division
and elsewhereTAREK ELKAFRAWI devisedand intended to devise 8 scheme and artifice to
defraudFarmers InsW1J1ce Group and to obtain moneyand property by meansof false and
fraudulent pretenses representations and promises
146 It was part of the schemeand artificeto defraud that TAREK ELKAFRAWI would
submit traudulent invoices to FarmersInsuranceGroup under PolicyNumber 602926772 for
work that was not performed or performed at a lower invoice
147It was a furtherpart of the scheme and artifice that TAREK ELKAFRAWI submitted
claims forpayroll costs that were completely illusorybecause the requested claimswere for
periods the restaurant was closed and had no employees
~~~J2012 1149 4192447104
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39
148 It was a furtherpart of the sc erne and artifice that all checks were sent directly to
TAREKELKAFRAWI at the Terry Elk G~OUP not the Findlay lHOP
149On or about each of the dates bet forth below in the Northern District of Ohio
Western Division and elsewhere for the Jurpose of executing and attempting to execute the
above described scheme and artifice to delud TAREK ELKAFRAWI knowinglycaused to be
placed into any post office or authorized dlpository for mail matterany matter or thing to be sentI
and dellvered by the US Postal Service Jd caused to be deposited any matter to be sent or
delivered by private and commercial inters~te carrier the following matter from the state of
Illinois to Toledo Ohio each mailingcon~itUting a separate count
October 17 2008
October22 2008
January 262009
October21 2009
September22 2008
January 26 2009
SENDER
Fanners Insurance
Farmers Insurance
Farmers Insurance
Farmers Insurance
FarmersInsurance
Farmers Inswance
CO 20
M61LMAmR
$S5947S 1check to Terry Elk Group
21
I $45581367 check to Terry Elk Group
~ I $24444302 check to Terry Elk Group
~ I $2262384 check to Terry Elk Group
bOUNTM
I $2500000 check to Terry Elk Croup
~ $15684795 check to Terry Elk Group
PAGE 1015WTOL NEWS05232012 1149 4192447104
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40
COUNT 26
October ~ I 2009 Farmers Insurance $4285205 check to Terry Elk Group
COUNT 27
February 172009 Farmers Insurance $20867200check to Terry Elk Group
COUNT 21
October 27 2009 FarmersInsurance $15226400 check to Terry Elk Group
All in violationofTitle 18 United States Code Section 1341
COUNT 29
(Aggravated IdentityTheft Title 18 USC Section 1028A and 2)
The OrandJury furthercharges that
ISO The allegations contained in paragraphs 1-16and 18~102 of this Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
J51 Onorabout October9 2007 in the Northem District of9hlo Western Division
TAREK ELKAFRAWI did knowinglyuse without lawftllauthority a means of identification of
another personduring and in relation to the commission ofWire Fraud a violation ofride 18
United States Code Section 1343
In violation of Title 18 United States Code Sections I028A(a)(1) and 2
CQVNT30
(Aggravated Identity Theft T~tle is USC Section l028A and 2)
The Grand Jury further charges that
152 The allegations eontained in paragraphs 1-16 and 18-102 of this Indictment are reshy
alleged and hereby incorporated by reference as if fully set forth herein
05232012 1149 4192447104 WTOL NEWS PAGE 111 5
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41
153 On or about May 192008 in the Northern District of Ohio Western Division
TAREK ELKAFRAWIdid knowingly use without lawfulauthoritya means of identification of
another personduringand in relation to the commission of Wire Fraud a violation ofTitle 1g
United StatesCodeSection I~43
In violation of TitJe J8 UnitedStates Code Sections 1028A(a)(I) and 2
COUNT31
(Aggravated IdentityTheftTitle 18USC Section J028A and 2)
The Orand Jury furthercharges that
154 The allegations contained in paragraphs 1-l6- and 18middot102 of this Indictment are reshy
alleged and herebyincorporated by reference as if fully set forth herein
155 On or aboutJuly 132Q09 in the Northern District of Ohio Western Division
TAREK ELKAFRAWIj did knowingly use without lawfuJ authority a means of identification of
another personduring and in relation to the commission of Wire Fraud a violation of Title 18
United StatesCodeSection 1343
In violationofTitle 18 United States Code Sections 1028A(aXl) and 2
COlNT32
(Aggravated IdentityTheft Title 18USC Sectlon J028A and 2)
The Grand Jury furthercharges that
J56 Theallegations contained in paragraphs1-16and 184 J02 of this Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
157On or about May3l 2009 in theNorthern Districtof Ohio Western Division
TAREK ELKAFRAWI did knOWingly use without lawful authoritya means of identification of
OS232012 1149 4192447104 WTOL NEWS
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42
another person during and in relation to the commission of Wire Fraud a violation of Title 18
United States Code Section 1343
In violation ofTitle 18 United States Code Sections 1028A(a)(I) and 2
COUNT 33
(Aggravated Identity Theft Title 18 UsC Section l028A and 2)
The GrandJury further charges that
138 The allegationscontainedin paragraphs 1-16 and 18-]02 of this Indictment are reshy
alleged and herebyincorporated by reference as if fullyset forth herein
159 On or about October 22008 in the Northern District of Ohio Westem Division
TAREK ELKAFRAWI did knowingly use without lawfulauthority a means of identification of
another personduring and in relation to the commission of Wire Fraud a violationof Title 18
United States Code Section 1343
In violationof TItle ]8 United States Code Sections 1028A(a)(I) and 2
CQVNT34 (Aggravated IdentityTheft Title 18 USC Section 1028A and 2)
The Grand Jury furtherchargesthat
160 The allegationscontained in paragraphs 1-16and 18-102ofthis Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
16t Onor about January27 2008 in the Northern District of Ohio WesternDivision
TAREK ELKAFRAWI did knowinglyuse without lawfulauthority a means of identification of
anotherpersonduringand in relation to the commissionofWire Fraud a violation ofTitJe 18
United States Code Section 1343
In violation of Title 18United States Code Sections l028A(a)(1) and 2
I I
WTOL NEWS PAGE 13115OS232012 1149 4192447104 I
Case 312-cr-00262-DAK Doc 1 Filed 052212 43 of 65 PagelD 43
43
COUNT 35 (AggravatedIdentityTheft Title 18USC Section 1028A and 2)
The Grand Jury further charges that
162The allegations contained in paragraphs I-16 and 18-102 of this Indictment are reshy
alleged and herebyincorporated by reference as jf fully set forth herein
163On or about March 72009 in the NorthernDistrict of Ohio Western Division
TAREK ELKAFRAWI and KHALED YOUSEF did knowinglyuse without lawful authority a
means of identification of another personduringand in relation to the commission of Wire Fraud
a violation of Title 18 United States Code Section 1343
In violationof Title 18 United States Code Sections 1028A(a)(1)and 2
COUNT 36
(Aggravated IdentityTheft Title 18 USC Section 1028Aand 2)
The GrandJury further charges that
164 The allegations contained in paragraphs 1-16 and 18-102 of this Indictmentare reshy
allegedand hereby incorporated byreferenceas if fully set forth herein
16S On or about March tS 2009 in the Northern District of Ohio Western Division
TAREK ELKAFRAWI and KHALED YOUSEF did knowinglyuse without lawful authority a
means of identification of another person duringand in relation to the commission of WireFraud
a violation of Title 18United States Code Section 1343
In violation ofTitle 18United States Code Sections l028A(a)(1) and 2
~~~~2012 1149 4192447104 wloe NEWS
Case 312-cr-00262-0AK Doc 1 Filed 052212 44 of 65 PagelD 44
44
COUNT 37
(Aggravated Identity The~ Title 18 USC Section l028A and 2)
The GrandJury further charges that
166 Theallegations contained in paragraphs 1-16 and 18-] 02 of this Indictment are reshy
alleged and hereby incorporated byreference as if fully set forth herein
167 On or aboutJuly 21 2009 in the Northern District of Ohio Western Division
TAREK ELKAfRAWI and RAMIZAWWAO did knowingly use without lawful authority a
means of identification of anotherperson duringand in relation to the commission of WireFraud
a violation of Title 18United States Code Section 1343
In violation ofTitle 18 UnitedStates Code Sections l028A(a)(1) and 2
cOUNT38
(Aggravated Identity TheftTitle 18 USC Section 1028A and 2)
The Grand Juryfurthercharges that
168Theallegations contained in paragraphs 1-16 and t8-102 of this Indictment are reshy
alleged and hereby incorporated by reference 8S if fully set forth herein
169 On or about July 132009 in the NorthernDistrict ofOhio WesternDivision
TAREK ELKAFRAWIand IAMIL MOHAMMED AWWAD did knowingly use withoutlawful
authority a meansof identification of another person during and in relation to the commission of
Wire Fraud a violation ofTitle 18 United States Code Section 1343
In violation of Title 18 United States CodeSections l028A(a)(1) and 2
11 4l 41 l~44 IUl4 WIUL NIWl
Case 312-cr-00262-DAK Doc 1 Filed 0522112 45 of 65 PagelD 45
45
COUNT 39
(Identity Theftt Title 18 USC Sections 1028 and 2)
The Grand Jury further charges that
170 The allegationscontained in paragraphs 1-16 and 18-102 of this Indictment are reshy
alleged and hereby incorporated by reference as if fully set forth herein
171 On or about December132010 in the Northern District orOhio Western Division
TAREKELKAFRAWI and DONNA J HARRIOTTt did knowingly use in or affectinginterstate
or foreigncommerce without lawful authority a means of identification ofanother person to wit
s social securitynumber and date of birth with the intent to commit or to aid or abet or in
connectionwith any unlawful activitythat constitutes Wire Fraud 8 violation of 18USC
sect1343 and the offense involved the useof an authentication feature that is or appears to be an
identification document or authentication feature issued by Or under the authority of the United
States
All in violation ofTitle 1St United States Code Sections 1028(a)() (b)(l )(A)(l) and (f)
and 2
COUNI40
(Identity Theft Title 18USCbull Sections 1028and 2)
TheGrand Juryfurther chargesthat
172The allegationscontained in paragraphs 1-16 and J8middot102 of this Indictment are reo
allegedand hereby incorporated by referenceas if fully set forth herein
173On or about May42010 in the Northern District ofOhio Western Division
TAREK ELKAFRAWI and SARA RINEBOLT did knowingly use in or affecting interstate or
WIUL NtW~41 j~441~4~o~~pound~l~ 1144
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18
deviseda schemeto avoid includingthose two factors in the final equation to fraudulently
understate premiums owed to awe
62 During2004 MK and KM submitted the semi-annual reports in person at the
Toledo office ofBWC The paymentswere made via check which triggered an electronic funds
transfer from IHOP bank accounts to BWe accounts In 2005 awc switched to an electronic
filing system
63 MK directedKM to use the averageof the lowest weekly payroll to calculatethe
semi-annual wage figure despite the fact that Bwe regulations required an average ofall weekly
wage figures for the reporting period By submitting only an average of the lowest weeks
TAREK ELKAFRAWI MK and KM deflatedthe wage figure
64 To further depress the numbers MK told KM to omit the salaries ofmanagers and
tips and then deductmore from the total Generally this manipulationdecreased the final wage
figure by an additional twenty percent(20)
6 From 2004 to the date of this indictment TAREK ELKAFRAWI was made awareof
the paymentfigure regardless of who filed the form and directed each paymentto be lower than
the previousone
66 DespiteTAREK ELKAFRAWls seeminglyarbitrarY calculus this reportingfigure
could be audited by awe The department required all businesses to file a Form 941 which
listed employees wages and taxes paid every90 days for the purpose ofpaying federal taxes
67 The Fonn 941 was created for BWC using Profit and Loss sheets MICROS and
payrollrecordsand was generally consistentwith those documents
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19
68 During an audit BWe could request the Form 941 and compare those numbers with
the numbers provided to awe
69 Between 2004 and 2009 KM received noticesof Bwes intention to audit various
Toledo IHOP locations Each timea notice was receivedKM TAREK ELKAFRAWI and
MK simplyignored it Threeof the auditswere never perfonned by BWC
70 BWe did audit the Findlay IHOP in 2007 fora two-year period Originally it was
determined that the restaurant owed over $55)000 in unpaidawe premiumsfor that timeperiod
71 In orderto avoid paying these premiums KM amendedtherestaurant)s worksheet
deletingmanagersnames from the list of employees and fraudulently listing the managers 8S
officersof the corporation that owned Findlayand therefore we~ exempt from payingworkers
compensation premiums However the Articles of Incorporation were not changed to list these
managers as corporate officers
72 Bymaking this change at the direction ofTAREK ELKAfiRAWI KM reportedly
reduced the amount of premiums owed awe to approximately i35000 When AunrMN LEE
TANGAS learned of thisscheme rather than reporting it to IHOP Corporate either the crime or
the addition of newofficersas required by corporate policy she told KM Youjust saved
TAREKs a-
73 In 2007 in response to the auditTAREKELKAFRAWI MK and KMcreated the
Terry Elk Group all managers weretransferred to that company and put on its payroll The
Terry Elk Group was created byKM at thedirection ofTAREK ELKAFRAWIto further
minimize payments to awe
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20
74 Although each of the seven identifiedmop restaurants transferred money to the
Terry Elk Groupto pay salaries for managers the Terry Elk Group never paid awe taxes
75 TAREK ELKAFRAWIand MK were officers of the Terry Elk Group and TAREK
ELKAFRAWland AUTUMN LEETANGAS both told KM that this was a great solution to
avoid payingBWC
76 The falsification of recordsand thecreation of the Terry Elk Group resulted in an
underpaymentofapproximately S2S0OOO to BWe
Document FJ1lud
77 TAREK ELKAFRAWI MK and TAREK EID OMAR further manipulated the
accounts of the IHOPrestaurants in order to laundermoney through false payouts and
fraudulentlyreported transactions
78 TAREK ELKAFRAWI MKand TAREK EID OMAR used a system of payouts
in the fonn of paper receipts deposited in the cash registers to reflect further unreported cash
withdrawals While these receipts were ostensibly for occasional items such as landscaping
charges extra food ingredients or supplies jn reality most payouts were not for services
rendered but weremerely cash withdrawals TAREK ELKAFRAWI MK and TAREK EID
OMAR directed managers to create payout slips to cover cash withdmwals and use the payout
slips to justify the withdrawals as business expenses to the accountants
Insurance Fraud
79 In 2008 the Findlay IHOP burned as a result of arson The fire was intentionally
started by JOSE LEON-GONZALEZ and individuals unknown to the Grand Juryat the direction
PAGE El6 5 WTOL NEWSOS232012 1144
Case 312-cr-00262-DAK Doc 1 Filed 0522112 21 of 65 PagelD 21
21
and orderofTAREK ELKAFRAWI and MK to facilitate insurance fraud schemes by TAREK
ELKAFRAWI
80 TAREK ELKAFRAWIsubmitted approximately $136million in fraudulent
insurance claims for firedamage to the restaurant The receipts submitted to the insurance
company reflected overcharges charges for work never doneworkdone at artificially inflated
prices and for fraudulent payroll claimsand lost income Additionally TAREK ELKAFRA WI
created wholly fictitious invoices and diverted thosepayments to his personal use
Rebate Fraud
81 TAREK ELKAFRAWIandMK used a varietyofadditional accounting
manipulations to affect the franchises balancesheets For example TAREKELKAFRAWI
often personally received rebate checks from food and beverage vendors reflecting the large
amountsofmoneyspent with theircompanies Thesechecksweremailed directly to TAREK
ELKAFRAWIs homes in Toledo and Evansville ratherthan delivered to the intended restaurant
The amounts were substantial Tropicanas annual rebate was approximately $12000 Cocashy
Colas annual rebate was approximately $7500 US Foods annual rebate was approximately
$80000 and Pepsis annual rebatewasapproximately S55000 From2004 to the date oftbis
indictment the total amount of rebate payments received by TAREK ELKAFRAWI exceeded
SIIOOOOO
82Before 2005TAREK ELKAFRAWI simplyused this money for personal expenses
However after 2005 TAREK ELKAFRAWIoccasionally reinvested the rebate money into the
franchises as a loan from officer
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22
83 Under this scheme TAREK ELJltAFRAWI was essentiallyclaimingthe corporations
money for himself8Jld loaning it back to the businesswhilenot reporting the rebate money as
personal income This generated an additional unwarranted liability for the corporation receiving
the loan while TAREK ELKAFRAWI would take a personal loss on his taxesfor the unpaid
loan Thus the overall tax liability for the company and for TAREK ELKAFRAWI was
fraudulently lowered
Other Schemes to Defraud
84 Thebalance sheet was also affectedby claimingremodelingcosts as a liability instead
of an asset IHOP Corporatemandated that each restaurant be remodeled every five years Per
JHOP Corporate policy this costs a franchise approximately $70000 Under standard
accountingpractices this remodel should be considered an appreciation However TAREK
ELKAFRAWI regularly directed the accountants to claimthis expense as repair and
maintenance considered a liability
85 In September2010 ManagementServices the accountantsused by TAREK
ELKAFRAWI questioned a $40000 remodelingof the Evansville restaurant completedin 2007
TAREK ELKAFRAWI lied to the accountantsthat the $40000was a personal loan from a
businesspartner Management Services then issuedcheckstotaling $40000 to the business
partner TAREK ELKAFRAWI took these checks for his own purposes
86 TAREK ELKAFRAWI also used the restaurants to obtain loans that he would
otherwisenot beable to secure TAREK ELKAFRAWIapplied for loans using well-performing
IHOP restaurants as collateral for the loans then used those loans to pay for improvements on his
other (HOPrestaurants
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23
87 The improperbenefitreceived arose from the fact that each restaurant is an
independent corporation Knowing that certainIHOP restaurants such as Findlay would be
unable to securea loanTAREK ELKAFRAWIwould apply for a loan using a corporation for a
healthyrestaurant likeLima Once he hadsecured that loan he wouJd use the money on the
unqualified restaurant
88 Thusthe healthy restaurant wouJd cany a loss in the form of an outstanding loan on
its books lowering its tax liabilities while the other restaurantenjoyed the use of the loan
without having to report the transferof funds as profit
89 TAREKELKAFRAWI furtherusedschemes to transfer moneyobtained from IHOP
Corporate intended to benefitone restaurant to the use of another restaurant or directly to
himself
90 Forinstance advertising and marketing revenue would be used byTAREK
ELKAFRAWIand MK in a mannersimilar to the rebate checks In 2007 TAREK
ELKAFRAWIsubmitted a fraudulent invoicereflecting the purchase of an advertising sign for
CentrallHOP for$13500when in facthe only spent $3500 on the sign He receiveda check
fromIHOPCorporate for $13500and pocketed the difference TAREK ELiltAFRAWI
thereafterreported the remaining $ J0000 as a loan ftom officer and not taxable income
9Jbull TAREK ELKAFRAWI and MK also used the CentraliHOPs advertising budget
provided by li-fOP Corporate to pay for all of the northwest Ohio ]HOPs marketing They
would inflateCentrals invoice with the Invoices for the five other restaurantsand then send that
aggregate invoice to HOP Corporate
PAGE 091 505232012 1144 4192447104 WTOL NEWS
Case 312-cr-00262-DAK Doc 1 Filed OS2212 24 of 65 PagelD 24
24
MediearelWelfarerrax Fraud
92 TAREK ELKAFRAWI MK and TAREKEID OMAR together and separately
devised schemesto personaltycollectmedical and welfarebenefits for which they did not
qualifyand sanctioned employees to do so as well
93 Using an alternate identity MK split his salary between two paychecks creating a
lower reportableincomefor each identity Usingthese dual identities MK has to date claimed
approximately $140000 in Medicaid paymentsand $35000 in food stamps and welfare benefits
from the State of Ohio
94 To further these schemesTAREK ELKAFRAWI and MK created a false property
management companythrough which MK paid rent to TAREK ELKAFRAWI in order to
show less income BothTAREK ELKAFRAWIand MK created and submitted false payroll
checks and financial documentsto support the fraudulent claims
95 TAREK ELKAFRAWI and MK also sanctionedand encouraged employees to file
fraudulent claims KHALED YOUSEF TAREK EID O~ RAMIZ AWWAD and JAMIL
MOHAMMED AWWAD were told by TAREK ELKAFRAWI and MK how to minimizetheir
payrollearnings throughthe use of multipleidentities in order to claim benefits TAREK
ELKAFRAWI toldTAREK EID OMARto eitherstart fraudulently claiming welfare or quit
having children
96 These manipulations to income revenue and payroll were reflectedin erroneousand
fraudulent tax statements to the Internal RevenueService TAREK ELKAFRAW1 directed
accountants to file his personal and corporate lax returns based on this fraudulent information in
an attempt to minimize and obscure his true incomeand tax liabilities
PAGE 10 5WTOL NEWS4192447104OS232012 1144
Case 312-cr-00262-DAK Doc 1 Filed 052212 25 of 65 PagelD 25
25
Money Laundering Schemes
97 Inorder to hideandconceal thesourceof the proceedsof the wire fraud schemes
TAREK ELKAFRAWI KELLY ELKAFRAWI MK and TAREK EID OMAR engaged in real
estatetransactions
98 TAREK ELKAFRAWI loaned TAREKEID OMARand previous Evansville mop
managers YS andAA approximately S50OOO to purchase a gas station in Evansville Indiana
usingfunds derived solely from TAREK ELKAFRAWrs rnop franchises
99 To conceal the source and nature of the funds used to purchasethe gas station located
at 600North Burkhardt Road Evansville Indiana TAREK ELKAFRAWI transferred
approximately SSOOOO to TAREK EIDOMAR Y S and AAwhich theyused to purchase the
gasstation
100Using laundered assets fromthe IHOP restaurants TAREK ELKAFRAWI and
KELLY ELKAFRAWI purchased homes at l0400 Tecumseh Drive Newburgh Indiana and
J4745 Prairie Lake Drive Toledo Ohio
101 Likewise MK purchased the following properties using funds from bankaccounts
in his various names 2510 Live Oak Road Sylvania Ohio 4027 Meadowgreen DriveSylvania
Ohio 7129 Sandy Springs Road Maumee Ohio and4837 SpringbrookDriveToledo Ohio
The funds were proceeds of the fraudulent schemes
102 Finally from 2004to the date of this indictment TAREK ELKAFRAWIsent
proceeds of fraudulent IHOP transactions overseas by carrying them on his person usingbank
acccunts ownedandcontrolled byTAREKEIDOMARand others knownto the Orand Juryand
using Western Union accounts operated by TAREK EIDOMARand SM (not charged in this
41 1pound44 (1~4 WIUL N~W~
Case 312-cr-00262~DAK Doc 1 Filed 0522112 26 of 65 PagelO 26
26
indictment) Those funds have been used in part to purchase real estate and to make investments
in Egypt
All in violation of Title 18 United States Code Section I956(h)
COVNTl
(Conspiracy to HarborAliens Title 8 UsC Sections t324(a)(l)(AXiii) and I324(a)(1)(AXv)(I)
The Orand Jury furthercharges that
I03 Paragraphs 1-16and 18-I02 are re-alleged and hereby incorporated by referenceas if
fully set forth herein
104 From at least as early as January2004 the exact date to the Grand Jury unknown
through at least December31 2011 in the Northern District of Ohio Western Division and
elsewhere the DefendantsTAREK ELKAFRAWI KELLY ELKAFRAWI AU11JMN LEE
TANGAS MK JOSE LEONmiddotGONZALEZ aka Jose Leon aka Jose Vargas aka Juan Vargas
aka Edwin MartelTAREK ElD OMAR CARLOS GAMBOA KHALED YOUSEF RAMIZ
AWWAD aka Ray JAMIL MOHAMMAD AWWAD KHALIL ABOUDAKKA MAHMOUD
ALI MOHAMED HASSANDONNAJ HARRIOIT LUCKY WILLIAMS and CESAR
AVILA did knowingly and intentionally combine conspire and confederate with each other and
with others known and unknown to the Grand Jury to conceal harbor and shield from detection
one or more aliens namely FJV-PJOSE LEON-GONZALEZ aka lose Leon aka Jose Vargas
aka Juan Vargas aka Edwin Martel MT-C C V V-A S L CESAR AVILA CARLOS
GAMBOAE M A M A G F G J LNU J LNU and approximately two hundred other
aliens known to the Grand Jury In several buildings including but not limited to the Perrysburg
PAGE 12 5WTOL NEWSOS232012 1144 4192447104
Case 312-cr-00262-DAK Doc 1 Flied 052212 27 of 65 PagelD 27
27
Findlay Lima Airport Highway Central Talmadge and Evansville JHOPs as wellas 801 Hiltop
and 4020 RoyerRoad in ToledoOhio knowingand in recklessdisregard of the fact that the
aUen(s) had cometo entered and-remained in the United States In violation of law
A) 11 waspart of the conspiracy that the managers of (HOP restaurants
would hire undocumented aliens to workat the mops after clearingthe
hires with MK or TAREKELKAFRAWI
B) It was further part ofthe conspiracy that undocumented aliens would be
paid in cashuntil theyobtained fraudulent immigration and workdocuments
C) It was funher part of the conspiracy that co-conspirators sometimes would
assist the aliensin finding lodging and in cashing checksat the mop
or bankinginstitutions
D) It was further part oCthe conspiracy that undocumented aliens often would
be paid usinga fake name Or check name
E) It was further part of the conspiracy that the undocumented aliens sometimes
would be transported to other HOP restawant locations to work
F) It was further part ofthe conspiracy that co-conspirators sometimes would
assign to the undocumented aliens the socialsecurity numbers and personal identifierS of
former employees to shield the illegalworkers from discovery
All in violation of Title 8 United States Code Sections 1324(a)(l)(A)(iii) and
1324(a)(1 )(A)(v)(I)~
PAGE 13 5WTOL NEWSOS232012 1144 4192447104
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28
WVNTS3~7
(Mail Fraud Title 18USCbull Section 1341)
The Grand Jury furthercharges that
t OS The allegatiens contained in paragraphs Imiddot16 and 18middot02 of this Indictment are reo
allegedand hereby incorporated by referenceas if fully set forth herein
106 From on or about August 192003 to the dateof this Indictment in the Northern
District or OhioWestern Division and elsewhere TAREK ELKAFRAWI AUTUMNLEE
TANGAS andMK (not charged in this Indictment) devisedand intended to devise a scheme
and artifice to defraud IHOPCorporateand to obtain money and property by meansof materially
false and fraudulent pretensesrepresentations and promises
MANNER AND MEANS
107It waspart of the scheme that TAREK ELKAFRAWI through the use of the
MICROS system knew that sales were obtainedby IHOP Corporate on 8 weeklybasis through an
automatic remote uploading ofdata TAREK ELKAFRAWI knew that IHOP Corporateused the
weeklynet sales figures to determine the weeklyroyalty and rent amount owed byeach franchise
likewisehe knewthat IHOPCorporatedid not examine the weekly deductions from grosssales
that resulted in the net sales figures
108 In fact prior to 2004 TAREK ELKAFRAWI receivedregular IHOP Corporate
reviewsof the operating expensesand balancesheets that showed the costs deducted from gross
sales reflected in net sales After AUlUMN LEETANGAS became FBC in 2004 such thorough
PAGE 14 5WTOL NEWSOS232012 1144 4192447104
Case 312-Cf-00262-DAK Doc 1 Filed 0522112 29 of 65 PagelD 29
29
reviews ceased entirely TAREKELKAFRAWI thereafter devised various schemesto
manipulate the MICROS system in order to create lower-than actual weekly net sales
109Onesuch schemewas to simply tum the MICROS system otT so sales werenot
recorded
110Additionally TAREK ELKAFRAWI instructed his lHOP managers to voidsales
entirelyor to givesignificant discounts to tickets after the ticket had been paid for by thecustomer
and closed
11 J Othercosts chargedagainst grosssales includedunit promotions contests
maintenance andpayouts for whichno documentation was provided In fact these were cash
distributions toTAREK ELKAFRAWI and other employees representingunreported income
112TAREK ELKAFRAWI also woulddeposit rebatecheeks from vendors into the
CentrallHOP account however he would direct his accountants to reflect the deposit as a loan
from officer rather than as incomefrom a rebate This fraudulent representation created an
additional debt on the balance sheet of Central JHOP thus giving the appearancethat the
restaurantwas encumbered with debt and operating expenses and not profitable
1t3 Asa result of these schemes TAREK ELKAFRAWI created the appearance through
his weeklysalesfigures that the CentrallHOP store wasseverely underperforming
114 SInce 2007 TAREK ELKAFRAWI with the help of AUruMN LEETANGAS
applied for rentand royalty reliefpayments from IHOPCorporate Based on the fraudulent
weeklynet sales reports and the annual recommendation of AUlUMN LEE TANOASTAREK
ELKAFRAWIreceived approximately $2300 a week in rentas well as royaltyrelief from HOP
Corporate to which he otherwisewJ not entitled
OS232012 1144 4192447104 WTOL NEWS PAGE 15 5
Case 312-cr-00262-DAK Doc 1 Filed 052212 30 of 65 pagelD 30
30
116 ThesereHefpayments werememorialized in annualcontractsamending the franchise
agreement for eachyear to retlect the newrelief payment agreement Thesecontracts were mailed
from mop Corporate headquarters in Glendale California to Toledo Ohio after the FBCand
RD memos were submitted and approved
117 Onor abouteach of the dates set forth below in the Northern District of Ohio
Western Division and elsewhere for the purpose of executing and attempting to execute the
abovedescribed scheme and artifice 10defraud DefendantsTAREK ELKAFRAWI and
AUTUMNLEE TANOAS knowingly caused to be placed into any post office or authorized
depository for mail matterany matteror thingto be sentand deliveredby the US Postal Service
and caused to be deposited any matterto be sent or delivered by privateand commercial interstate
carrier the following matterfrom Glendale California to Toledo Ohioeach mailing constituting
a separate count
COVNT3
~ SENDER MAJLMATIER
September 24 2007 IHOP Corporate mailing of Amended ReliefContract
COUNL4
June5 2008 IHOPCorporate mailing ofAmended ReliefContract
COUNTS
August 172009 lHOP Corporate mailing of Amended Relief Contract
CQUNT6
May 25 20)0 IHOP Corporate mailing of Amended Relief Contract
OS232012 1149 4192447104 WTOL NEWS PAGE 0115
Case 312-cr-00262-DAK Doc 1 Filed 052212 31 of 65 PagelD 31
31
COuNT 7
May 162011 IHOPCorporate mailing of Amended Relief Contract
All in violation ofTitle l8 United States Code Section 1341
COUNTS
(Health Care FraudTitle 18 USC Sections 1347and 2)
The Grand Jury further charges that
118The allegations contained in 1-16and 18-102of this Indictment are re-allegedand
herebyincorporated byreferenceas if fullyset forth herein
119Using the methodsdescribed in Paragraphs 60-78 TAREK ELKAFRAWr and
others known to the Orand Jury submitted fraudulent reports to BWe resulting in BWe
undercbarging the Airport Highway IHOP
120 From on or about June 4 2004 to the date of this Indictment in the NorthernDistrict
of Ohio Western Division and elsewhere TAREK ELKAFRAWI and others known to the
Orand Jury having devised and intendingto devise B scheme and artifice to defraud the Ohio
Bureauof Workers Compensation (BWe) a healthcare benefit program as defined in Title 18
United States CodeSection24(b) of money by means ofmateriaJly false representations and
promises that was and is in connectionwith the paymentfor health care benefits items IUId
services did knowingly and willfully execute the aforesaid scheme
In violation of Title 18 UnitedStates Code Sections 1347and 2
PAGE 0215WTOL NEWSOS232012 1149 4192447104
Case 312-cr-00262-DAK Doc 1 Filed 052212 32 of 65 PagelD 32
32
COLlNT9
(Health Care FraudTitle 18 USC Sections 1347and 2)
The Orand Jury further charges that
121 The allegations contained in paragraphs )-16 and 18102 of this Indictmentare reo
alleged and herebyincorporatedby reference as if fully set forth herein
122 Using the methodsdescribed in Paragraphs60-78 TAREK ELKAFRAWI and
others known to the Orand Jury submitted fraudulent reports to Bureau of Workers Compensation
(BWC)resulting in BWe undercharging theTalmadge IHOP
123 From on or about June 4 2004 to the date of this Indictment in the Northem District
ofOhio Western Divisionand elsewhere TAREK ELKAFRAWI and others known to the
Grand Jury having devised and intendingto devisea scheme and artifice to defraud the Ohio
awe a health carebenefit program as defined in Title )8 t United States CodeSection 24(b) of
moneyby means of materially false representations and promises that was and is in connection
with the paymentfor health care benefits hems and services did knowinglyand willfullyexecute
theaforesaid scheme
In violation of Title 18 UnitedStatesCode Sections 1347 and 2
CQUNTlll
(Health Care FraudTitle 18USC Sections 1347and 2)
The Orand Jury further charges that
124 Theallegations contained in paragraphs 1-16 and 18-102 of this Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
PAGE 0315WTOL NEWSOS232012 1149 4192447HI4
Case 312-cr-00262-DAK Doc 1 Filed 0522112 33 of 65 PagelD 33
33
125 Using themethods described in Paragraphs 60-78 TAREK ELKAFRAWI and
others known to the OrandJury submitted fraudulent reports to BWC resulting in BWC
undercharging the Lima IHOP
126 From on or about August 31 2007 through the date of this Indictment in the
Northern District of Ohio Western Divisionand elsewhereTAREK BLKAFRAWIand others
known to the GrandJury havingdevisedand intendingto devise a scheme and artifice to defraud
the Ohio Bureau of Workers Compensation (BWe) a health care benefit program as defined in
Title 18 United StatesCode Section24(b) of money by means of materially false
representations and promises that wasand is in connection with the payment for health care
benefits items and services did knowingly and willfullyexecute the aforesaid scheme
In violationof Title 18UnitedStates Code Sections 1347and 2
COUNT 11
(Health Care Fraud Title 18 USC Sections 1347and 2)
The Grand Jury furtherchargesthat
127The allegations contained in paragraphs 1-16and 18-102of this Indictment are reshy
allegedand herebyincorporated by reference as if fully set forth herein
128 Using the methods described in Paragraphs60-78 TAREK ELKAFRAWI and
others known to the OrandJury submitted fraudulent reports to Bwe resulting in awe
undercharging the Findlay IHOP
129 From on or aboutMay 102004 through the date of this Indictment in the Northern
Districtof Ohio Western Division and elsewhere TAREK ELKAFRAWI and others knownto
theGrand Jury havingdevised and intending to devise a scheme and artifice to defraud the Ohio
Bureau of WorkersCompensation (BWe) a health care benefit program as defined in Title 18
4) lL44Hl4 WIUL NIW~
Case 312-cr-00262-DAK Doc 1 Filed 052212 34 of 65 PagelD 34
34
United StatesCode Section 24(b) of moneyby meansof materially false representations and
promises that wasand is in connection with the payment for healthcare benefits items and
services did knowingly and willfully execute the aforesaidscheme
In violation of Title 18 United States Code Sections 1347and 2
CoUNT12
(Health Care Fraud Title 18USC Sections 1347and 2)
The Orand Jut)I further charges that
130 The allegations contained in paragraphs Imiddot] 6 and 18-]02 of this Indictmentare reshy
alleged and hereby incorporated by reference as iffulJy set forth herein
13 l Usingthe methods described in Paragraphs 60-78 TAREK ELKAFRAWI and
others knownto the Orand Jury submitted fraudulent reports to BWe resulting in awe
undercharging the Central IHOP
132 From onor about February 28 2005 through the date of this Indictment in the
Northern Districtof Ohio Westem Division and elsewhere TAREKELKAFRAWI and others
known to the Grand Juryhavingdevisedand intending to devisea scheme and artifice to defraud
the Ohio Bureau of Workers Compensation (BWC) a health care benefitprogram as defined in
Title 18 United States CodeSection24(b) of money by means ofmaterially false
representations and promises that was and Is in connection with the paymentfor health care
benefits items and services did knowingly and willfully executethe aforesaid scheme
In vioJation of Title 18 United States Code Sections 1347and 2
41 I~4411~4 WIUL N~W~
Case 312middotcr-00262middotDAK Doc 1 Filed 052212 35 of 65 pagelO 35
3S
COUNT 13
(HealthCare Fraud Title 18 USC Sections 1347 and 2)
The Grand Jury furtherchargesthat
133The allegationscontained in paragraphs 1middot16 and 18middot102 of this Indictment are reshy
alleged and herebyincorporated by reference 8$ if fullyset forth herein
134 Using the methodsdescribed in Paragraphs 6Q78 TAREK ELKAFRAWI and
others known to the GrandJury submitted fraudulent reports to awc resulting in awe
undercharging the Perrysburg JHOP
135 From on or about August 30 2005 through the date ofthis Indictment in the
Northern District of Ohio Western Division and elsewhere TAREK ELKAFRAWI and others
known to the GrandJury having devised and intending to devise a scheme and artifice to defraud
the Ohio Bureauof WorkersCompensation(BWC) a health care benefit program as defined in
Title 18 United States Code Section 24(b) of money by means of materially false
representations and promises that was and is in cenneetlon with the payment for health care
benefits items and services did knowinglyand willfullyexecute the aforesaid scheme
In violationofTitle 18United StatesCode Sections 1347 and 2
COUNTS 14-17
(Mail Fraud Title 18 USC Section J341)
The Grand Jury furthercharges that
136 The allegations containedin paragraphs 1-16 and 18middot102 of this Indictmentare reshy
alleged and hereby incorporatedby referenceas if fully set forth herein
131 Fromon or about January 30 20ll through on or about April 10201 I in the
Northern District of Ohio Western Division and elsewhere Defendants TAREK ELKAFRAWI
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36
and TAREK EIDOMARdevised and intended to devisea scheme and artifice to deframiddotud and to
obtain moneyfrom THOP Corporate by meansof materially false and fraudulent pretenses
representations and promises
MANNER AND MEANS
(t was part of the schemeand artifice that
]38 Using the methods described in Paragraphs 46-54 and 71-78 TAREK ELKAFRAWI
and TAREK EIDOMARmanipulated the SABLE Pointof Sale system to fraudulently report
debits and charges in order to hide the removal of cashdirectly from the Evansville IHOP
TAREK EID OMARat the direction of TAREKELKAFRAWI would then producea fraudulent
PampL report and mail it using the United States PostalService to provide that report to
Management Services in Wichita Falls Texas
139 Onor about each ofthe dates set forth below in the Northern District of Ohio
Western Division andelsewhere for the purpose ofexecutingand attempting to executethe
above described scheme and artifice to defraudTAREK ELKAFRAWI and TAREK EID OMAR
knowingly caused to be placed into any post office or authorized depository for mail matterany
matteror thingto besent and delivered by the US Postal Services and caused to be deposited any
matter to be sent or delivered by privateand commercial interstatecarrier the following matter
from Toledo Ohioand Evansville Indianato WichitaFallsTexas each mailingconstituting a
separate count
COUNT 14
Mm SENDER MAIL MAUER
January 302011 TAREK EID OMAR PampL report
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37
COUNT 15
February14 2011 TAREK BID OMAR PampL report
COUNT 16
March 28 20II TAREKEID OMAR PampL report
COUNT 17
April 102011 TAREK EJD OMAR PampL report
All in violation ofTitle 18UnitedStates Code Sections 341 and 2
COUNT 18
(Use of Fire to Commit a Felony Title 18 USC Sections 844(h) and 2)
TheGrand Jury further charges that
140The allegations contained in paragraphs 1-16 and 18-102 ofthis Indictmentarc reshy
alleged and hereby incorporatedby reference as if fully set forth herein
141On or about August 10 and II 2008 [n the Northern Districtof Ohio Westem
DivisionTAREK ELKAFRAWI and JOSE LEON-GONZALEZ knowingly used fire to commit
Mail Fraud a felony prosecutable in a court of the United States
In violation ofTitle 18 United States Code Sections 844(h) and 2
COUNTl2
(Malicious Use of Fire Title 18 USC Sections 844(i) and 2)
The Grand Jury further charges that
142 The allegations contained in paragraphs 1-16and 18-102 ofthls Indictmentare reo
alleged and hereby incorporated by reference as if fully set forth herein
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38
143 On or about August 10and II 2008 in the Northern District of Ohio Western
Division TAREK ELKAFRAWIand JOSE LEON-GONZALEZ maliciously damaged bymeans
of fire and explosivematerialsa buildinglocated at 7777 Countymiddot Road 136 Findlay Ohio used
in interstatecommerce
In violation of Title 18 UnitedStates Code Sections 844(i) and 2
coUNtS 0-28
(Mail FraudTitle] 8 USCSection 1341)
The Grand Jury furthercharges that
144 The allegations containedin paragraphs 1-16and I8-102 of this lndictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
145 Fromapproximately the month of July 2008 the exact date unknownto the Grand
Jury through On or about October 27 2009 in the Northern District of Ohio Western Division
and elsewhereTAREK ELKAFRAWI devisedand intended to devise 8 scheme and artifice to
defraudFarmers InsW1J1ce Group and to obtain moneyand property by meansof false and
fraudulent pretenses representations and promises
146 It was part of the schemeand artificeto defraud that TAREK ELKAFRAWI would
submit traudulent invoices to FarmersInsuranceGroup under PolicyNumber 602926772 for
work that was not performed or performed at a lower invoice
147It was a furtherpart of the scheme and artifice that TAREK ELKAFRAWI submitted
claims forpayroll costs that were completely illusorybecause the requested claimswere for
periods the restaurant was closed and had no employees
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39
148 It was a furtherpart of the sc erne and artifice that all checks were sent directly to
TAREKELKAFRAWI at the Terry Elk G~OUP not the Findlay lHOP
149On or about each of the dates bet forth below in the Northern District of Ohio
Western Division and elsewhere for the Jurpose of executing and attempting to execute the
above described scheme and artifice to delud TAREK ELKAFRAWI knowinglycaused to be
placed into any post office or authorized dlpository for mail matterany matter or thing to be sentI
and dellvered by the US Postal Service Jd caused to be deposited any matter to be sent or
delivered by private and commercial inters~te carrier the following matter from the state of
Illinois to Toledo Ohio each mailingcon~itUting a separate count
October 17 2008
October22 2008
January 262009
October21 2009
September22 2008
January 26 2009
SENDER
Fanners Insurance
Farmers Insurance
Farmers Insurance
Farmers Insurance
FarmersInsurance
Farmers Inswance
CO 20
M61LMAmR
$S5947S 1check to Terry Elk Group
21
I $45581367 check to Terry Elk Group
~ I $24444302 check to Terry Elk Group
~ I $2262384 check to Terry Elk Group
bOUNTM
I $2500000 check to Terry Elk Croup
~ $15684795 check to Terry Elk Group
PAGE 1015WTOL NEWS05232012 1149 4192447104
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40
COUNT 26
October ~ I 2009 Farmers Insurance $4285205 check to Terry Elk Group
COUNT 27
February 172009 Farmers Insurance $20867200check to Terry Elk Group
COUNT 21
October 27 2009 FarmersInsurance $15226400 check to Terry Elk Group
All in violationofTitle 18 United States Code Section 1341
COUNT 29
(Aggravated IdentityTheft Title 18 USC Section 1028A and 2)
The OrandJury furthercharges that
ISO The allegations contained in paragraphs 1-16and 18~102 of this Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
J51 Onorabout October9 2007 in the Northem District of9hlo Western Division
TAREK ELKAFRAWI did knowinglyuse without lawftllauthority a means of identification of
another personduring and in relation to the commission ofWire Fraud a violation ofride 18
United States Code Section 1343
In violation of Title 18 United States Code Sections I028A(a)(1) and 2
CQVNT30
(Aggravated Identity Theft T~tle is USC Section l028A and 2)
The Grand Jury further charges that
152 The allegations eontained in paragraphs 1-16 and 18-102 of this Indictment are reshy
alleged and hereby incorporated by reference as if fully set forth herein
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41
153 On or about May 192008 in the Northern District of Ohio Western Division
TAREK ELKAFRAWIdid knowingly use without lawfulauthoritya means of identification of
another personduringand in relation to the commission of Wire Fraud a violation ofTitle 1g
United StatesCodeSection I~43
In violation of TitJe J8 UnitedStates Code Sections 1028A(a)(I) and 2
COUNT31
(Aggravated IdentityTheftTitle 18USC Section J028A and 2)
The Orand Jury furthercharges that
154 The allegations contained in paragraphs 1-l6- and 18middot102 of this Indictment are reshy
alleged and herebyincorporated by reference as if fully set forth herein
155 On or aboutJuly 132Q09 in the Northern District of Ohio Western Division
TAREK ELKAFRAWIj did knowingly use without lawfuJ authority a means of identification of
another personduring and in relation to the commission of Wire Fraud a violation of Title 18
United StatesCodeSection 1343
In violationofTitle 18 United States Code Sections 1028A(aXl) and 2
COlNT32
(Aggravated IdentityTheft Title 18USC Sectlon J028A and 2)
The Grand Jury furthercharges that
J56 Theallegations contained in paragraphs1-16and 184 J02 of this Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
157On or about May3l 2009 in theNorthern Districtof Ohio Western Division
TAREK ELKAFRAWI did knOWingly use without lawful authoritya means of identification of
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42
another person during and in relation to the commission of Wire Fraud a violation of Title 18
United States Code Section 1343
In violation ofTitle 18 United States Code Sections 1028A(a)(I) and 2
COUNT 33
(Aggravated Identity Theft Title 18 UsC Section l028A and 2)
The GrandJury further charges that
138 The allegationscontainedin paragraphs 1-16 and 18-]02 of this Indictment are reshy
alleged and herebyincorporated by reference as if fullyset forth herein
159 On or about October 22008 in the Northern District of Ohio Westem Division
TAREK ELKAFRAWI did knowingly use without lawfulauthority a means of identification of
another personduring and in relation to the commission of Wire Fraud a violationof Title 18
United States Code Section 1343
In violationof TItle ]8 United States Code Sections 1028A(a)(I) and 2
CQVNT34 (Aggravated IdentityTheft Title 18 USC Section 1028A and 2)
The Grand Jury furtherchargesthat
160 The allegationscontained in paragraphs 1-16and 18-102ofthis Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
16t Onor about January27 2008 in the Northern District of Ohio WesternDivision
TAREK ELKAFRAWI did knowinglyuse without lawfulauthority a means of identification of
anotherpersonduringand in relation to the commissionofWire Fraud a violation ofTitJe 18
United States Code Section 1343
In violation of Title 18United States Code Sections l028A(a)(1) and 2
I I
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43
COUNT 35 (AggravatedIdentityTheft Title 18USC Section 1028A and 2)
The Grand Jury further charges that
162The allegations contained in paragraphs I-16 and 18-102 of this Indictment are reshy
alleged and herebyincorporated by reference as jf fully set forth herein
163On or about March 72009 in the NorthernDistrict of Ohio Western Division
TAREK ELKAFRAWI and KHALED YOUSEF did knowinglyuse without lawful authority a
means of identification of another personduringand in relation to the commission of Wire Fraud
a violation of Title 18 United States Code Section 1343
In violationof Title 18 United States Code Sections 1028A(a)(1)and 2
COUNT 36
(Aggravated IdentityTheft Title 18 USC Section 1028Aand 2)
The GrandJury further charges that
164 The allegations contained in paragraphs 1-16 and 18-102 of this Indictmentare reshy
allegedand hereby incorporated byreferenceas if fully set forth herein
16S On or about March tS 2009 in the Northern District of Ohio Western Division
TAREK ELKAFRAWI and KHALED YOUSEF did knowinglyuse without lawful authority a
means of identification of another person duringand in relation to the commission of WireFraud
a violation of Title 18United States Code Section 1343
In violation ofTitle 18United States Code Sections l028A(a)(1) and 2
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44
COUNT 37
(Aggravated Identity The~ Title 18 USC Section l028A and 2)
The GrandJury further charges that
166 Theallegations contained in paragraphs 1-16 and 18-] 02 of this Indictment are reshy
alleged and hereby incorporated byreference as if fully set forth herein
167 On or aboutJuly 21 2009 in the Northern District of Ohio Western Division
TAREK ELKAfRAWI and RAMIZAWWAO did knowingly use without lawful authority a
means of identification of anotherperson duringand in relation to the commission of WireFraud
a violation of Title 18United States Code Section 1343
In violation ofTitle 18 UnitedStates Code Sections l028A(a)(1) and 2
cOUNT38
(Aggravated Identity TheftTitle 18 USC Section 1028A and 2)
The Grand Juryfurthercharges that
168Theallegations contained in paragraphs 1-16 and t8-102 of this Indictment are reshy
alleged and hereby incorporated by reference 8S if fully set forth herein
169 On or about July 132009 in the NorthernDistrict ofOhio WesternDivision
TAREK ELKAFRAWIand IAMIL MOHAMMED AWWAD did knowingly use withoutlawful
authority a meansof identification of another person during and in relation to the commission of
Wire Fraud a violation ofTitle 18 United States Code Section 1343
In violation of Title 18 United States CodeSections l028A(a)(1) and 2
11 4l 41 l~44 IUl4 WIUL NIWl
Case 312-cr-00262-DAK Doc 1 Filed 0522112 45 of 65 PagelD 45
45
COUNT 39
(Identity Theftt Title 18 USC Sections 1028 and 2)
The Grand Jury further charges that
170 The allegationscontained in paragraphs 1-16 and 18-102 of this Indictment are reshy
alleged and hereby incorporated by reference as if fully set forth herein
171 On or about December132010 in the Northern District orOhio Western Division
TAREKELKAFRAWI and DONNA J HARRIOTTt did knowingly use in or affectinginterstate
or foreigncommerce without lawful authority a means of identification ofanother person to wit
s social securitynumber and date of birth with the intent to commit or to aid or abet or in
connectionwith any unlawful activitythat constitutes Wire Fraud 8 violation of 18USC
sect1343 and the offense involved the useof an authentication feature that is or appears to be an
identification document or authentication feature issued by Or under the authority of the United
States
All in violation ofTitle 1St United States Code Sections 1028(a)() (b)(l )(A)(l) and (f)
and 2
COUNI40
(Identity Theft Title 18USCbull Sections 1028and 2)
TheGrand Juryfurther chargesthat
172The allegationscontained in paragraphs 1-16 and J8middot102 of this Indictment are reo
allegedand hereby incorporated by referenceas if fully set forth herein
173On or about May42010 in the Northern District ofOhio Western Division
TAREK ELKAFRAWI and SARA RINEBOLT did knowingly use in or affecting interstate or
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68 During an audit BWe could request the Form 941 and compare those numbers with
the numbers provided to awe
69 Between 2004 and 2009 KM received noticesof Bwes intention to audit various
Toledo IHOP locations Each timea notice was receivedKM TAREK ELKAFRAWI and
MK simplyignored it Threeof the auditswere never perfonned by BWC
70 BWe did audit the Findlay IHOP in 2007 fora two-year period Originally it was
determined that the restaurant owed over $55)000 in unpaidawe premiumsfor that timeperiod
71 In orderto avoid paying these premiums KM amendedtherestaurant)s worksheet
deletingmanagersnames from the list of employees and fraudulently listing the managers 8S
officersof the corporation that owned Findlayand therefore we~ exempt from payingworkers
compensation premiums However the Articles of Incorporation were not changed to list these
managers as corporate officers
72 Bymaking this change at the direction ofTAREK ELKAfiRAWI KM reportedly
reduced the amount of premiums owed awe to approximately i35000 When AunrMN LEE
TANGAS learned of thisscheme rather than reporting it to IHOP Corporate either the crime or
the addition of newofficersas required by corporate policy she told KM Youjust saved
TAREKs a-
73 In 2007 in response to the auditTAREKELKAFRAWI MK and KMcreated the
Terry Elk Group all managers weretransferred to that company and put on its payroll The
Terry Elk Group was created byKM at thedirection ofTAREK ELKAFRAWIto further
minimize payments to awe
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74 Although each of the seven identifiedmop restaurants transferred money to the
Terry Elk Groupto pay salaries for managers the Terry Elk Group never paid awe taxes
75 TAREK ELKAFRAWIand MK were officers of the Terry Elk Group and TAREK
ELKAFRAWland AUTUMN LEETANGAS both told KM that this was a great solution to
avoid payingBWC
76 The falsification of recordsand thecreation of the Terry Elk Group resulted in an
underpaymentofapproximately S2S0OOO to BWe
Document FJ1lud
77 TAREK ELKAFRAWI MK and TAREK EID OMAR further manipulated the
accounts of the IHOPrestaurants in order to laundermoney through false payouts and
fraudulentlyreported transactions
78 TAREK ELKAFRAWI MKand TAREK EID OMAR used a system of payouts
in the fonn of paper receipts deposited in the cash registers to reflect further unreported cash
withdrawals While these receipts were ostensibly for occasional items such as landscaping
charges extra food ingredients or supplies jn reality most payouts were not for services
rendered but weremerely cash withdrawals TAREK ELKAFRAWI MK and TAREK EID
OMAR directed managers to create payout slips to cover cash withdmwals and use the payout
slips to justify the withdrawals as business expenses to the accountants
Insurance Fraud
79 In 2008 the Findlay IHOP burned as a result of arson The fire was intentionally
started by JOSE LEON-GONZALEZ and individuals unknown to the Grand Juryat the direction
PAGE El6 5 WTOL NEWSOS232012 1144
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21
and orderofTAREK ELKAFRAWI and MK to facilitate insurance fraud schemes by TAREK
ELKAFRAWI
80 TAREK ELKAFRAWIsubmitted approximately $136million in fraudulent
insurance claims for firedamage to the restaurant The receipts submitted to the insurance
company reflected overcharges charges for work never doneworkdone at artificially inflated
prices and for fraudulent payroll claimsand lost income Additionally TAREK ELKAFRA WI
created wholly fictitious invoices and diverted thosepayments to his personal use
Rebate Fraud
81 TAREK ELKAFRAWIandMK used a varietyofadditional accounting
manipulations to affect the franchises balancesheets For example TAREKELKAFRAWI
often personally received rebate checks from food and beverage vendors reflecting the large
amountsofmoneyspent with theircompanies Thesechecksweremailed directly to TAREK
ELKAFRAWIs homes in Toledo and Evansville ratherthan delivered to the intended restaurant
The amounts were substantial Tropicanas annual rebate was approximately $12000 Cocashy
Colas annual rebate was approximately $7500 US Foods annual rebate was approximately
$80000 and Pepsis annual rebatewasapproximately S55000 From2004 to the date oftbis
indictment the total amount of rebate payments received by TAREK ELKAFRAWI exceeded
SIIOOOOO
82Before 2005TAREK ELKAFRAWI simplyused this money for personal expenses
However after 2005 TAREK ELKAFRAWIoccasionally reinvested the rebate money into the
franchises as a loan from officer
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83 Under this scheme TAREK ELJltAFRAWI was essentiallyclaimingthe corporations
money for himself8Jld loaning it back to the businesswhilenot reporting the rebate money as
personal income This generated an additional unwarranted liability for the corporation receiving
the loan while TAREK ELKAFRAWI would take a personal loss on his taxesfor the unpaid
loan Thus the overall tax liability for the company and for TAREK ELKAFRAWI was
fraudulently lowered
Other Schemes to Defraud
84 Thebalance sheet was also affectedby claimingremodelingcosts as a liability instead
of an asset IHOP Corporatemandated that each restaurant be remodeled every five years Per
JHOP Corporate policy this costs a franchise approximately $70000 Under standard
accountingpractices this remodel should be considered an appreciation However TAREK
ELKAFRAWI regularly directed the accountants to claimthis expense as repair and
maintenance considered a liability
85 In September2010 ManagementServices the accountantsused by TAREK
ELKAFRAWI questioned a $40000 remodelingof the Evansville restaurant completedin 2007
TAREK ELKAFRAWI lied to the accountantsthat the $40000was a personal loan from a
businesspartner Management Services then issuedcheckstotaling $40000 to the business
partner TAREK ELKAFRAWI took these checks for his own purposes
86 TAREK ELKAFRAWI also used the restaurants to obtain loans that he would
otherwisenot beable to secure TAREK ELKAFRAWIapplied for loans using well-performing
IHOP restaurants as collateral for the loans then used those loans to pay for improvements on his
other (HOPrestaurants
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87 The improperbenefitreceived arose from the fact that each restaurant is an
independent corporation Knowing that certainIHOP restaurants such as Findlay would be
unable to securea loanTAREK ELKAFRAWIwould apply for a loan using a corporation for a
healthyrestaurant likeLima Once he hadsecured that loan he wouJd use the money on the
unqualified restaurant
88 Thusthe healthy restaurant wouJd cany a loss in the form of an outstanding loan on
its books lowering its tax liabilities while the other restaurantenjoyed the use of the loan
without having to report the transferof funds as profit
89 TAREKELKAFRAWI furtherusedschemes to transfer moneyobtained from IHOP
Corporate intended to benefitone restaurant to the use of another restaurant or directly to
himself
90 Forinstance advertising and marketing revenue would be used byTAREK
ELKAFRAWIand MK in a mannersimilar to the rebate checks In 2007 TAREK
ELKAFRAWIsubmitted a fraudulent invoicereflecting the purchase of an advertising sign for
CentrallHOP for$13500when in facthe only spent $3500 on the sign He receiveda check
fromIHOPCorporate for $13500and pocketed the difference TAREK ELiltAFRAWI
thereafterreported the remaining $ J0000 as a loan ftom officer and not taxable income
9Jbull TAREK ELKAFRAWI and MK also used the CentraliHOPs advertising budget
provided by li-fOP Corporate to pay for all of the northwest Ohio ]HOPs marketing They
would inflateCentrals invoice with the Invoices for the five other restaurantsand then send that
aggregate invoice to HOP Corporate
PAGE 091 505232012 1144 4192447104 WTOL NEWS
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MediearelWelfarerrax Fraud
92 TAREK ELKAFRAWI MK and TAREKEID OMAR together and separately
devised schemesto personaltycollectmedical and welfarebenefits for which they did not
qualifyand sanctioned employees to do so as well
93 Using an alternate identity MK split his salary between two paychecks creating a
lower reportableincomefor each identity Usingthese dual identities MK has to date claimed
approximately $140000 in Medicaid paymentsand $35000 in food stamps and welfare benefits
from the State of Ohio
94 To further these schemesTAREK ELKAFRAWI and MK created a false property
management companythrough which MK paid rent to TAREK ELKAFRAWI in order to
show less income BothTAREK ELKAFRAWIand MK created and submitted false payroll
checks and financial documentsto support the fraudulent claims
95 TAREK ELKAFRAWI and MK also sanctionedand encouraged employees to file
fraudulent claims KHALED YOUSEF TAREK EID O~ RAMIZ AWWAD and JAMIL
MOHAMMED AWWAD were told by TAREK ELKAFRAWI and MK how to minimizetheir
payrollearnings throughthe use of multipleidentities in order to claim benefits TAREK
ELKAFRAWI toldTAREK EID OMARto eitherstart fraudulently claiming welfare or quit
having children
96 These manipulations to income revenue and payroll were reflectedin erroneousand
fraudulent tax statements to the Internal RevenueService TAREK ELKAFRAW1 directed
accountants to file his personal and corporate lax returns based on this fraudulent information in
an attempt to minimize and obscure his true incomeand tax liabilities
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25
Money Laundering Schemes
97 Inorder to hideandconceal thesourceof the proceedsof the wire fraud schemes
TAREK ELKAFRAWI KELLY ELKAFRAWI MK and TAREK EID OMAR engaged in real
estatetransactions
98 TAREK ELKAFRAWI loaned TAREKEID OMARand previous Evansville mop
managers YS andAA approximately S50OOO to purchase a gas station in Evansville Indiana
usingfunds derived solely from TAREK ELKAFRAWrs rnop franchises
99 To conceal the source and nature of the funds used to purchasethe gas station located
at 600North Burkhardt Road Evansville Indiana TAREK ELKAFRAWI transferred
approximately SSOOOO to TAREK EIDOMAR Y S and AAwhich theyused to purchase the
gasstation
100Using laundered assets fromthe IHOP restaurants TAREK ELKAFRAWI and
KELLY ELKAFRAWI purchased homes at l0400 Tecumseh Drive Newburgh Indiana and
J4745 Prairie Lake Drive Toledo Ohio
101 Likewise MK purchased the following properties using funds from bankaccounts
in his various names 2510 Live Oak Road Sylvania Ohio 4027 Meadowgreen DriveSylvania
Ohio 7129 Sandy Springs Road Maumee Ohio and4837 SpringbrookDriveToledo Ohio
The funds were proceeds of the fraudulent schemes
102 Finally from 2004to the date of this indictment TAREK ELKAFRAWIsent
proceeds of fraudulent IHOP transactions overseas by carrying them on his person usingbank
acccunts ownedandcontrolled byTAREKEIDOMARand others knownto the Orand Juryand
using Western Union accounts operated by TAREK EIDOMARand SM (not charged in this
41 1pound44 (1~4 WIUL N~W~
Case 312-cr-00262~DAK Doc 1 Filed 0522112 26 of 65 PagelO 26
26
indictment) Those funds have been used in part to purchase real estate and to make investments
in Egypt
All in violation of Title 18 United States Code Section I956(h)
COVNTl
(Conspiracy to HarborAliens Title 8 UsC Sections t324(a)(l)(AXiii) and I324(a)(1)(AXv)(I)
The Orand Jury furthercharges that
I03 Paragraphs 1-16and 18-I02 are re-alleged and hereby incorporated by referenceas if
fully set forth herein
104 From at least as early as January2004 the exact date to the Grand Jury unknown
through at least December31 2011 in the Northern District of Ohio Western Division and
elsewhere the DefendantsTAREK ELKAFRAWI KELLY ELKAFRAWI AU11JMN LEE
TANGAS MK JOSE LEONmiddotGONZALEZ aka Jose Leon aka Jose Vargas aka Juan Vargas
aka Edwin MartelTAREK ElD OMAR CARLOS GAMBOA KHALED YOUSEF RAMIZ
AWWAD aka Ray JAMIL MOHAMMAD AWWAD KHALIL ABOUDAKKA MAHMOUD
ALI MOHAMED HASSANDONNAJ HARRIOIT LUCKY WILLIAMS and CESAR
AVILA did knowingly and intentionally combine conspire and confederate with each other and
with others known and unknown to the Grand Jury to conceal harbor and shield from detection
one or more aliens namely FJV-PJOSE LEON-GONZALEZ aka lose Leon aka Jose Vargas
aka Juan Vargas aka Edwin Martel MT-C C V V-A S L CESAR AVILA CARLOS
GAMBOAE M A M A G F G J LNU J LNU and approximately two hundred other
aliens known to the Grand Jury In several buildings including but not limited to the Perrysburg
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27
Findlay Lima Airport Highway Central Talmadge and Evansville JHOPs as wellas 801 Hiltop
and 4020 RoyerRoad in ToledoOhio knowingand in recklessdisregard of the fact that the
aUen(s) had cometo entered and-remained in the United States In violation of law
A) 11 waspart of the conspiracy that the managers of (HOP restaurants
would hire undocumented aliens to workat the mops after clearingthe
hires with MK or TAREKELKAFRAWI
B) It was further part ofthe conspiracy that undocumented aliens would be
paid in cashuntil theyobtained fraudulent immigration and workdocuments
C) It was funher part of the conspiracy that co-conspirators sometimes would
assist the aliensin finding lodging and in cashing checksat the mop
or bankinginstitutions
D) It was further part oCthe conspiracy that undocumented aliens often would
be paid usinga fake name Or check name
E) It was further part of the conspiracy that the undocumented aliens sometimes
would be transported to other HOP restawant locations to work
F) It was further part ofthe conspiracy that co-conspirators sometimes would
assign to the undocumented aliens the socialsecurity numbers and personal identifierS of
former employees to shield the illegalworkers from discovery
All in violation of Title 8 United States Code Sections 1324(a)(l)(A)(iii) and
1324(a)(1 )(A)(v)(I)~
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28
WVNTS3~7
(Mail Fraud Title 18USCbull Section 1341)
The Grand Jury furthercharges that
t OS The allegatiens contained in paragraphs Imiddot16 and 18middot02 of this Indictment are reo
allegedand hereby incorporated by referenceas if fully set forth herein
106 From on or about August 192003 to the dateof this Indictment in the Northern
District or OhioWestern Division and elsewhere TAREK ELKAFRAWI AUTUMNLEE
TANGAS andMK (not charged in this Indictment) devisedand intended to devise a scheme
and artifice to defraud IHOPCorporateand to obtain money and property by meansof materially
false and fraudulent pretensesrepresentations and promises
MANNER AND MEANS
107It waspart of the scheme that TAREK ELKAFRAWI through the use of the
MICROS system knew that sales were obtainedby IHOP Corporate on 8 weeklybasis through an
automatic remote uploading ofdata TAREK ELKAFRAWI knew that IHOP Corporateused the
weeklynet sales figures to determine the weeklyroyalty and rent amount owed byeach franchise
likewisehe knewthat IHOPCorporatedid not examine the weekly deductions from grosssales
that resulted in the net sales figures
108 In fact prior to 2004 TAREK ELKAFRAWI receivedregular IHOP Corporate
reviewsof the operating expensesand balancesheets that showed the costs deducted from gross
sales reflected in net sales After AUlUMN LEETANGAS became FBC in 2004 such thorough
PAGE 14 5WTOL NEWSOS232012 1144 4192447104
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29
reviews ceased entirely TAREKELKAFRAWI thereafter devised various schemesto
manipulate the MICROS system in order to create lower-than actual weekly net sales
109Onesuch schemewas to simply tum the MICROS system otT so sales werenot
recorded
110Additionally TAREK ELKAFRAWI instructed his lHOP managers to voidsales
entirelyor to givesignificant discounts to tickets after the ticket had been paid for by thecustomer
and closed
11 J Othercosts chargedagainst grosssales includedunit promotions contests
maintenance andpayouts for whichno documentation was provided In fact these were cash
distributions toTAREK ELKAFRAWI and other employees representingunreported income
112TAREK ELKAFRAWI also woulddeposit rebatecheeks from vendors into the
CentrallHOP account however he would direct his accountants to reflect the deposit as a loan
from officer rather than as incomefrom a rebate This fraudulent representation created an
additional debt on the balance sheet of Central JHOP thus giving the appearancethat the
restaurantwas encumbered with debt and operating expenses and not profitable
1t3 Asa result of these schemes TAREK ELKAFRAWI created the appearance through
his weeklysalesfigures that the CentrallHOP store wasseverely underperforming
114 SInce 2007 TAREK ELKAFRAWI with the help of AUruMN LEETANGAS
applied for rentand royalty reliefpayments from IHOPCorporate Based on the fraudulent
weeklynet sales reports and the annual recommendation of AUlUMN LEE TANOASTAREK
ELKAFRAWIreceived approximately $2300 a week in rentas well as royaltyrelief from HOP
Corporate to which he otherwisewJ not entitled
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30
116 ThesereHefpayments werememorialized in annualcontractsamending the franchise
agreement for eachyear to retlect the newrelief payment agreement Thesecontracts were mailed
from mop Corporate headquarters in Glendale California to Toledo Ohio after the FBCand
RD memos were submitted and approved
117 Onor abouteach of the dates set forth below in the Northern District of Ohio
Western Division and elsewhere for the purpose of executing and attempting to execute the
abovedescribed scheme and artifice 10defraud DefendantsTAREK ELKAFRAWI and
AUTUMNLEE TANOAS knowingly caused to be placed into any post office or authorized
depository for mail matterany matteror thingto be sentand deliveredby the US Postal Service
and caused to be deposited any matterto be sent or delivered by privateand commercial interstate
carrier the following matterfrom Glendale California to Toledo Ohioeach mailing constituting
a separate count
COVNT3
~ SENDER MAJLMATIER
September 24 2007 IHOP Corporate mailing of Amended ReliefContract
COUNL4
June5 2008 IHOPCorporate mailing ofAmended ReliefContract
COUNTS
August 172009 lHOP Corporate mailing of Amended Relief Contract
CQUNT6
May 25 20)0 IHOP Corporate mailing of Amended Relief Contract
OS232012 1149 4192447104 WTOL NEWS PAGE 0115
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31
COuNT 7
May 162011 IHOPCorporate mailing of Amended Relief Contract
All in violation ofTitle l8 United States Code Section 1341
COUNTS
(Health Care FraudTitle 18 USC Sections 1347and 2)
The Grand Jury further charges that
118The allegations contained in 1-16and 18-102of this Indictment are re-allegedand
herebyincorporated byreferenceas if fullyset forth herein
119Using the methodsdescribed in Paragraphs 60-78 TAREK ELKAFRAWr and
others known to the Orand Jury submitted fraudulent reports to BWe resulting in BWe
undercbarging the Airport Highway IHOP
120 From on or about June 4 2004 to the date of this Indictment in the NorthernDistrict
of Ohio Western Division and elsewhere TAREK ELKAFRAWI and others known to the
Orand Jury having devised and intendingto devise B scheme and artifice to defraud the Ohio
Bureauof Workers Compensation (BWe) a healthcare benefit program as defined in Title 18
United States CodeSection24(b) of money by means ofmateriaJly false representations and
promises that was and is in connectionwith the paymentfor health care benefits items IUId
services did knowingly and willfully execute the aforesaid scheme
In violation of Title 18 UnitedStates Code Sections 1347and 2
PAGE 0215WTOL NEWSOS232012 1149 4192447104
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32
COLlNT9
(Health Care FraudTitle 18 USC Sections 1347and 2)
The Orand Jury further charges that
121 The allegations contained in paragraphs )-16 and 18102 of this Indictmentare reo
alleged and herebyincorporatedby reference as if fully set forth herein
122 Using the methodsdescribed in Paragraphs60-78 TAREK ELKAFRAWI and
others known to the Orand Jury submitted fraudulent reports to Bureau of Workers Compensation
(BWC)resulting in BWe undercharging theTalmadge IHOP
123 From on or about June 4 2004 to the date of this Indictment in the Northem District
ofOhio Western Divisionand elsewhere TAREK ELKAFRAWI and others known to the
Grand Jury having devised and intendingto devisea scheme and artifice to defraud the Ohio
awe a health carebenefit program as defined in Title )8 t United States CodeSection 24(b) of
moneyby means of materially false representations and promises that was and is in connection
with the paymentfor health care benefits hems and services did knowinglyand willfullyexecute
theaforesaid scheme
In violation of Title 18 UnitedStatesCode Sections 1347 and 2
CQUNTlll
(Health Care FraudTitle 18USC Sections 1347and 2)
The Orand Jury further charges that
124 Theallegations contained in paragraphs 1-16 and 18-102 of this Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
PAGE 0315WTOL NEWSOS232012 1149 4192447HI4
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33
125 Using themethods described in Paragraphs 60-78 TAREK ELKAFRAWI and
others known to the OrandJury submitted fraudulent reports to BWC resulting in BWC
undercharging the Lima IHOP
126 From on or about August 31 2007 through the date of this Indictment in the
Northern District of Ohio Western Divisionand elsewhereTAREK BLKAFRAWIand others
known to the GrandJury havingdevisedand intendingto devise a scheme and artifice to defraud
the Ohio Bureau of Workers Compensation (BWe) a health care benefit program as defined in
Title 18 United StatesCode Section24(b) of money by means of materially false
representations and promises that wasand is in connection with the payment for health care
benefits items and services did knowingly and willfullyexecute the aforesaid scheme
In violationof Title 18UnitedStates Code Sections 1347and 2
COUNT 11
(Health Care Fraud Title 18 USC Sections 1347and 2)
The Grand Jury furtherchargesthat
127The allegations contained in paragraphs 1-16and 18-102of this Indictment are reshy
allegedand herebyincorporated by reference as if fully set forth herein
128 Using the methods described in Paragraphs60-78 TAREK ELKAFRAWI and
others known to the OrandJury submitted fraudulent reports to Bwe resulting in awe
undercharging the Findlay IHOP
129 From on or aboutMay 102004 through the date of this Indictment in the Northern
Districtof Ohio Western Division and elsewhere TAREK ELKAFRAWI and others knownto
theGrand Jury havingdevised and intending to devise a scheme and artifice to defraud the Ohio
Bureau of WorkersCompensation (BWe) a health care benefit program as defined in Title 18
4) lL44Hl4 WIUL NIW~
Case 312-cr-00262-DAK Doc 1 Filed 052212 34 of 65 PagelD 34
34
United StatesCode Section 24(b) of moneyby meansof materially false representations and
promises that wasand is in connection with the payment for healthcare benefits items and
services did knowingly and willfully execute the aforesaidscheme
In violation of Title 18 United States Code Sections 1347and 2
CoUNT12
(Health Care Fraud Title 18USC Sections 1347and 2)
The Orand Jut)I further charges that
130 The allegations contained in paragraphs Imiddot] 6 and 18-]02 of this Indictmentare reshy
alleged and hereby incorporated by reference as iffulJy set forth herein
13 l Usingthe methods described in Paragraphs 60-78 TAREK ELKAFRAWI and
others knownto the Orand Jury submitted fraudulent reports to BWe resulting in awe
undercharging the Central IHOP
132 From onor about February 28 2005 through the date of this Indictment in the
Northern Districtof Ohio Westem Division and elsewhere TAREKELKAFRAWI and others
known to the Grand Juryhavingdevisedand intending to devisea scheme and artifice to defraud
the Ohio Bureau of Workers Compensation (BWC) a health care benefitprogram as defined in
Title 18 United States CodeSection24(b) of money by means ofmaterially false
representations and promises that was and Is in connection with the paymentfor health care
benefits items and services did knowingly and willfully executethe aforesaid scheme
In vioJation of Title 18 United States Code Sections 1347and 2
41 I~4411~4 WIUL N~W~
Case 312middotcr-00262middotDAK Doc 1 Filed 052212 35 of 65 pagelO 35
3S
COUNT 13
(HealthCare Fraud Title 18 USC Sections 1347 and 2)
The Grand Jury furtherchargesthat
133The allegationscontained in paragraphs 1middot16 and 18middot102 of this Indictment are reshy
alleged and herebyincorporated by reference 8$ if fullyset forth herein
134 Using the methodsdescribed in Paragraphs 6Q78 TAREK ELKAFRAWI and
others known to the GrandJury submitted fraudulent reports to awc resulting in awe
undercharging the Perrysburg JHOP
135 From on or about August 30 2005 through the date ofthis Indictment in the
Northern District of Ohio Western Division and elsewhere TAREK ELKAFRAWI and others
known to the GrandJury having devised and intending to devise a scheme and artifice to defraud
the Ohio Bureauof WorkersCompensation(BWC) a health care benefit program as defined in
Title 18 United States Code Section 24(b) of money by means of materially false
representations and promises that was and is in cenneetlon with the payment for health care
benefits items and services did knowinglyand willfullyexecute the aforesaid scheme
In violationofTitle 18United StatesCode Sections 1347 and 2
COUNTS 14-17
(Mail Fraud Title 18 USC Section J341)
The Grand Jury furthercharges that
136 The allegations containedin paragraphs 1-16 and 18middot102 of this Indictmentare reshy
alleged and hereby incorporatedby referenceas if fully set forth herein
131 Fromon or about January 30 20ll through on or about April 10201 I in the
Northern District of Ohio Western Division and elsewhere Defendants TAREK ELKAFRAWI
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36
and TAREK EIDOMARdevised and intended to devisea scheme and artifice to deframiddotud and to
obtain moneyfrom THOP Corporate by meansof materially false and fraudulent pretenses
representations and promises
MANNER AND MEANS
(t was part of the schemeand artifice that
]38 Using the methods described in Paragraphs 46-54 and 71-78 TAREK ELKAFRAWI
and TAREK EIDOMARmanipulated the SABLE Pointof Sale system to fraudulently report
debits and charges in order to hide the removal of cashdirectly from the Evansville IHOP
TAREK EID OMARat the direction of TAREKELKAFRAWI would then producea fraudulent
PampL report and mail it using the United States PostalService to provide that report to
Management Services in Wichita Falls Texas
139 Onor about each ofthe dates set forth below in the Northern District of Ohio
Western Division andelsewhere for the purpose ofexecutingand attempting to executethe
above described scheme and artifice to defraudTAREK ELKAFRAWI and TAREK EID OMAR
knowingly caused to be placed into any post office or authorized depository for mail matterany
matteror thingto besent and delivered by the US Postal Services and caused to be deposited any
matter to be sent or delivered by privateand commercial interstatecarrier the following matter
from Toledo Ohioand Evansville Indianato WichitaFallsTexas each mailingconstituting a
separate count
COUNT 14
Mm SENDER MAIL MAUER
January 302011 TAREK EID OMAR PampL report
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37
COUNT 15
February14 2011 TAREK BID OMAR PampL report
COUNT 16
March 28 20II TAREKEID OMAR PampL report
COUNT 17
April 102011 TAREK EJD OMAR PampL report
All in violation ofTitle 18UnitedStates Code Sections 341 and 2
COUNT 18
(Use of Fire to Commit a Felony Title 18 USC Sections 844(h) and 2)
TheGrand Jury further charges that
140The allegations contained in paragraphs 1-16 and 18-102 ofthis Indictmentarc reshy
alleged and hereby incorporatedby reference as if fully set forth herein
141On or about August 10 and II 2008 [n the Northern Districtof Ohio Westem
DivisionTAREK ELKAFRAWI and JOSE LEON-GONZALEZ knowingly used fire to commit
Mail Fraud a felony prosecutable in a court of the United States
In violation ofTitle 18 United States Code Sections 844(h) and 2
COUNTl2
(Malicious Use of Fire Title 18 USC Sections 844(i) and 2)
The Grand Jury further charges that
142 The allegations contained in paragraphs 1-16and 18-102 ofthls Indictmentare reo
alleged and hereby incorporated by reference as if fully set forth herein
WTOL NEWS PAGE 0815OS232012 1149 4192447104
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38
143 On or about August 10and II 2008 in the Northern District of Ohio Western
Division TAREK ELKAFRAWIand JOSE LEON-GONZALEZ maliciously damaged bymeans
of fire and explosivematerialsa buildinglocated at 7777 Countymiddot Road 136 Findlay Ohio used
in interstatecommerce
In violation of Title 18 UnitedStates Code Sections 844(i) and 2
coUNtS 0-28
(Mail FraudTitle] 8 USCSection 1341)
The Grand Jury furthercharges that
144 The allegations containedin paragraphs 1-16and I8-102 of this lndictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
145 Fromapproximately the month of July 2008 the exact date unknownto the Grand
Jury through On or about October 27 2009 in the Northern District of Ohio Western Division
and elsewhereTAREK ELKAFRAWI devisedand intended to devise 8 scheme and artifice to
defraudFarmers InsW1J1ce Group and to obtain moneyand property by meansof false and
fraudulent pretenses representations and promises
146 It was part of the schemeand artificeto defraud that TAREK ELKAFRAWI would
submit traudulent invoices to FarmersInsuranceGroup under PolicyNumber 602926772 for
work that was not performed or performed at a lower invoice
147It was a furtherpart of the scheme and artifice that TAREK ELKAFRAWI submitted
claims forpayroll costs that were completely illusorybecause the requested claimswere for
periods the restaurant was closed and had no employees
~~~J2012 1149 4192447104
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39
148 It was a furtherpart of the sc erne and artifice that all checks were sent directly to
TAREKELKAFRAWI at the Terry Elk G~OUP not the Findlay lHOP
149On or about each of the dates bet forth below in the Northern District of Ohio
Western Division and elsewhere for the Jurpose of executing and attempting to execute the
above described scheme and artifice to delud TAREK ELKAFRAWI knowinglycaused to be
placed into any post office or authorized dlpository for mail matterany matter or thing to be sentI
and dellvered by the US Postal Service Jd caused to be deposited any matter to be sent or
delivered by private and commercial inters~te carrier the following matter from the state of
Illinois to Toledo Ohio each mailingcon~itUting a separate count
October 17 2008
October22 2008
January 262009
October21 2009
September22 2008
January 26 2009
SENDER
Fanners Insurance
Farmers Insurance
Farmers Insurance
Farmers Insurance
FarmersInsurance
Farmers Inswance
CO 20
M61LMAmR
$S5947S 1check to Terry Elk Group
21
I $45581367 check to Terry Elk Group
~ I $24444302 check to Terry Elk Group
~ I $2262384 check to Terry Elk Group
bOUNTM
I $2500000 check to Terry Elk Croup
~ $15684795 check to Terry Elk Group
PAGE 1015WTOL NEWS05232012 1149 4192447104
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40
COUNT 26
October ~ I 2009 Farmers Insurance $4285205 check to Terry Elk Group
COUNT 27
February 172009 Farmers Insurance $20867200check to Terry Elk Group
COUNT 21
October 27 2009 FarmersInsurance $15226400 check to Terry Elk Group
All in violationofTitle 18 United States Code Section 1341
COUNT 29
(Aggravated IdentityTheft Title 18 USC Section 1028A and 2)
The OrandJury furthercharges that
ISO The allegations contained in paragraphs 1-16and 18~102 of this Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
J51 Onorabout October9 2007 in the Northem District of9hlo Western Division
TAREK ELKAFRAWI did knowinglyuse without lawftllauthority a means of identification of
another personduring and in relation to the commission ofWire Fraud a violation ofride 18
United States Code Section 1343
In violation of Title 18 United States Code Sections I028A(a)(1) and 2
CQVNT30
(Aggravated Identity Theft T~tle is USC Section l028A and 2)
The Grand Jury further charges that
152 The allegations eontained in paragraphs 1-16 and 18-102 of this Indictment are reshy
alleged and hereby incorporated by reference as if fully set forth herein
05232012 1149 4192447104 WTOL NEWS PAGE 111 5
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41
153 On or about May 192008 in the Northern District of Ohio Western Division
TAREK ELKAFRAWIdid knowingly use without lawfulauthoritya means of identification of
another personduringand in relation to the commission of Wire Fraud a violation ofTitle 1g
United StatesCodeSection I~43
In violation of TitJe J8 UnitedStates Code Sections 1028A(a)(I) and 2
COUNT31
(Aggravated IdentityTheftTitle 18USC Section J028A and 2)
The Orand Jury furthercharges that
154 The allegations contained in paragraphs 1-l6- and 18middot102 of this Indictment are reshy
alleged and herebyincorporated by reference as if fully set forth herein
155 On or aboutJuly 132Q09 in the Northern District of Ohio Western Division
TAREK ELKAFRAWIj did knowingly use without lawfuJ authority a means of identification of
another personduring and in relation to the commission of Wire Fraud a violation of Title 18
United StatesCodeSection 1343
In violationofTitle 18 United States Code Sections 1028A(aXl) and 2
COlNT32
(Aggravated IdentityTheft Title 18USC Sectlon J028A and 2)
The Grand Jury furthercharges that
J56 Theallegations contained in paragraphs1-16and 184 J02 of this Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
157On or about May3l 2009 in theNorthern Districtof Ohio Western Division
TAREK ELKAFRAWI did knOWingly use without lawful authoritya means of identification of
OS232012 1149 4192447104 WTOL NEWS
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42
another person during and in relation to the commission of Wire Fraud a violation of Title 18
United States Code Section 1343
In violation ofTitle 18 United States Code Sections 1028A(a)(I) and 2
COUNT 33
(Aggravated Identity Theft Title 18 UsC Section l028A and 2)
The GrandJury further charges that
138 The allegationscontainedin paragraphs 1-16 and 18-]02 of this Indictment are reshy
alleged and herebyincorporated by reference as if fullyset forth herein
159 On or about October 22008 in the Northern District of Ohio Westem Division
TAREK ELKAFRAWI did knowingly use without lawfulauthority a means of identification of
another personduring and in relation to the commission of Wire Fraud a violationof Title 18
United States Code Section 1343
In violationof TItle ]8 United States Code Sections 1028A(a)(I) and 2
CQVNT34 (Aggravated IdentityTheft Title 18 USC Section 1028A and 2)
The Grand Jury furtherchargesthat
160 The allegationscontained in paragraphs 1-16and 18-102ofthis Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
16t Onor about January27 2008 in the Northern District of Ohio WesternDivision
TAREK ELKAFRAWI did knowinglyuse without lawfulauthority a means of identification of
anotherpersonduringand in relation to the commissionofWire Fraud a violation ofTitJe 18
United States Code Section 1343
In violation of Title 18United States Code Sections l028A(a)(1) and 2
I I
WTOL NEWS PAGE 13115OS232012 1149 4192447104 I
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43
COUNT 35 (AggravatedIdentityTheft Title 18USC Section 1028A and 2)
The Grand Jury further charges that
162The allegations contained in paragraphs I-16 and 18-102 of this Indictment are reshy
alleged and herebyincorporated by reference as jf fully set forth herein
163On or about March 72009 in the NorthernDistrict of Ohio Western Division
TAREK ELKAFRAWI and KHALED YOUSEF did knowinglyuse without lawful authority a
means of identification of another personduringand in relation to the commission of Wire Fraud
a violation of Title 18 United States Code Section 1343
In violationof Title 18 United States Code Sections 1028A(a)(1)and 2
COUNT 36
(Aggravated IdentityTheft Title 18 USC Section 1028Aand 2)
The GrandJury further charges that
164 The allegations contained in paragraphs 1-16 and 18-102 of this Indictmentare reshy
allegedand hereby incorporated byreferenceas if fully set forth herein
16S On or about March tS 2009 in the Northern District of Ohio Western Division
TAREK ELKAFRAWI and KHALED YOUSEF did knowinglyuse without lawful authority a
means of identification of another person duringand in relation to the commission of WireFraud
a violation of Title 18United States Code Section 1343
In violation ofTitle 18United States Code Sections l028A(a)(1) and 2
~~~~2012 1149 4192447104 wloe NEWS
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44
COUNT 37
(Aggravated Identity The~ Title 18 USC Section l028A and 2)
The GrandJury further charges that
166 Theallegations contained in paragraphs 1-16 and 18-] 02 of this Indictment are reshy
alleged and hereby incorporated byreference as if fully set forth herein
167 On or aboutJuly 21 2009 in the Northern District of Ohio Western Division
TAREK ELKAfRAWI and RAMIZAWWAO did knowingly use without lawful authority a
means of identification of anotherperson duringand in relation to the commission of WireFraud
a violation of Title 18United States Code Section 1343
In violation ofTitle 18 UnitedStates Code Sections l028A(a)(1) and 2
cOUNT38
(Aggravated Identity TheftTitle 18 USC Section 1028A and 2)
The Grand Juryfurthercharges that
168Theallegations contained in paragraphs 1-16 and t8-102 of this Indictment are reshy
alleged and hereby incorporated by reference 8S if fully set forth herein
169 On or about July 132009 in the NorthernDistrict ofOhio WesternDivision
TAREK ELKAFRAWIand IAMIL MOHAMMED AWWAD did knowingly use withoutlawful
authority a meansof identification of another person during and in relation to the commission of
Wire Fraud a violation ofTitle 18 United States Code Section 1343
In violation of Title 18 United States CodeSections l028A(a)(1) and 2
11 4l 41 l~44 IUl4 WIUL NIWl
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45
COUNT 39
(Identity Theftt Title 18 USC Sections 1028 and 2)
The Grand Jury further charges that
170 The allegationscontained in paragraphs 1-16 and 18-102 of this Indictment are reshy
alleged and hereby incorporated by reference as if fully set forth herein
171 On or about December132010 in the Northern District orOhio Western Division
TAREKELKAFRAWI and DONNA J HARRIOTTt did knowingly use in or affectinginterstate
or foreigncommerce without lawful authority a means of identification ofanother person to wit
s social securitynumber and date of birth with the intent to commit or to aid or abet or in
connectionwith any unlawful activitythat constitutes Wire Fraud 8 violation of 18USC
sect1343 and the offense involved the useof an authentication feature that is or appears to be an
identification document or authentication feature issued by Or under the authority of the United
States
All in violation ofTitle 1St United States Code Sections 1028(a)() (b)(l )(A)(l) and (f)
and 2
COUNI40
(Identity Theft Title 18USCbull Sections 1028and 2)
TheGrand Juryfurther chargesthat
172The allegationscontained in paragraphs 1-16 and J8middot102 of this Indictment are reo
allegedand hereby incorporated by referenceas if fully set forth herein
173On or about May42010 in the Northern District ofOhio Western Division
TAREK ELKAFRAWI and SARA RINEBOLT did knowingly use in or affecting interstate or
PAGE 05 5WTOL NEWSOS232012 1144 41g2447104
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20
74 Although each of the seven identifiedmop restaurants transferred money to the
Terry Elk Groupto pay salaries for managers the Terry Elk Group never paid awe taxes
75 TAREK ELKAFRAWIand MK were officers of the Terry Elk Group and TAREK
ELKAFRAWland AUTUMN LEETANGAS both told KM that this was a great solution to
avoid payingBWC
76 The falsification of recordsand thecreation of the Terry Elk Group resulted in an
underpaymentofapproximately S2S0OOO to BWe
Document FJ1lud
77 TAREK ELKAFRAWI MK and TAREK EID OMAR further manipulated the
accounts of the IHOPrestaurants in order to laundermoney through false payouts and
fraudulentlyreported transactions
78 TAREK ELKAFRAWI MKand TAREK EID OMAR used a system of payouts
in the fonn of paper receipts deposited in the cash registers to reflect further unreported cash
withdrawals While these receipts were ostensibly for occasional items such as landscaping
charges extra food ingredients or supplies jn reality most payouts were not for services
rendered but weremerely cash withdrawals TAREK ELKAFRAWI MK and TAREK EID
OMAR directed managers to create payout slips to cover cash withdmwals and use the payout
slips to justify the withdrawals as business expenses to the accountants
Insurance Fraud
79 In 2008 the Findlay IHOP burned as a result of arson The fire was intentionally
started by JOSE LEON-GONZALEZ and individuals unknown to the Grand Juryat the direction
PAGE El6 5 WTOL NEWSOS232012 1144
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21
and orderofTAREK ELKAFRAWI and MK to facilitate insurance fraud schemes by TAREK
ELKAFRAWI
80 TAREK ELKAFRAWIsubmitted approximately $136million in fraudulent
insurance claims for firedamage to the restaurant The receipts submitted to the insurance
company reflected overcharges charges for work never doneworkdone at artificially inflated
prices and for fraudulent payroll claimsand lost income Additionally TAREK ELKAFRA WI
created wholly fictitious invoices and diverted thosepayments to his personal use
Rebate Fraud
81 TAREK ELKAFRAWIandMK used a varietyofadditional accounting
manipulations to affect the franchises balancesheets For example TAREKELKAFRAWI
often personally received rebate checks from food and beverage vendors reflecting the large
amountsofmoneyspent with theircompanies Thesechecksweremailed directly to TAREK
ELKAFRAWIs homes in Toledo and Evansville ratherthan delivered to the intended restaurant
The amounts were substantial Tropicanas annual rebate was approximately $12000 Cocashy
Colas annual rebate was approximately $7500 US Foods annual rebate was approximately
$80000 and Pepsis annual rebatewasapproximately S55000 From2004 to the date oftbis
indictment the total amount of rebate payments received by TAREK ELKAFRAWI exceeded
SIIOOOOO
82Before 2005TAREK ELKAFRAWI simplyused this money for personal expenses
However after 2005 TAREK ELKAFRAWIoccasionally reinvested the rebate money into the
franchises as a loan from officer
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22
83 Under this scheme TAREK ELJltAFRAWI was essentiallyclaimingthe corporations
money for himself8Jld loaning it back to the businesswhilenot reporting the rebate money as
personal income This generated an additional unwarranted liability for the corporation receiving
the loan while TAREK ELKAFRAWI would take a personal loss on his taxesfor the unpaid
loan Thus the overall tax liability for the company and for TAREK ELKAFRAWI was
fraudulently lowered
Other Schemes to Defraud
84 Thebalance sheet was also affectedby claimingremodelingcosts as a liability instead
of an asset IHOP Corporatemandated that each restaurant be remodeled every five years Per
JHOP Corporate policy this costs a franchise approximately $70000 Under standard
accountingpractices this remodel should be considered an appreciation However TAREK
ELKAFRAWI regularly directed the accountants to claimthis expense as repair and
maintenance considered a liability
85 In September2010 ManagementServices the accountantsused by TAREK
ELKAFRAWI questioned a $40000 remodelingof the Evansville restaurant completedin 2007
TAREK ELKAFRAWI lied to the accountantsthat the $40000was a personal loan from a
businesspartner Management Services then issuedcheckstotaling $40000 to the business
partner TAREK ELKAFRAWI took these checks for his own purposes
86 TAREK ELKAFRAWI also used the restaurants to obtain loans that he would
otherwisenot beable to secure TAREK ELKAFRAWIapplied for loans using well-performing
IHOP restaurants as collateral for the loans then used those loans to pay for improvements on his
other (HOPrestaurants
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87 The improperbenefitreceived arose from the fact that each restaurant is an
independent corporation Knowing that certainIHOP restaurants such as Findlay would be
unable to securea loanTAREK ELKAFRAWIwould apply for a loan using a corporation for a
healthyrestaurant likeLima Once he hadsecured that loan he wouJd use the money on the
unqualified restaurant
88 Thusthe healthy restaurant wouJd cany a loss in the form of an outstanding loan on
its books lowering its tax liabilities while the other restaurantenjoyed the use of the loan
without having to report the transferof funds as profit
89 TAREKELKAFRAWI furtherusedschemes to transfer moneyobtained from IHOP
Corporate intended to benefitone restaurant to the use of another restaurant or directly to
himself
90 Forinstance advertising and marketing revenue would be used byTAREK
ELKAFRAWIand MK in a mannersimilar to the rebate checks In 2007 TAREK
ELKAFRAWIsubmitted a fraudulent invoicereflecting the purchase of an advertising sign for
CentrallHOP for$13500when in facthe only spent $3500 on the sign He receiveda check
fromIHOPCorporate for $13500and pocketed the difference TAREK ELiltAFRAWI
thereafterreported the remaining $ J0000 as a loan ftom officer and not taxable income
9Jbull TAREK ELKAFRAWI and MK also used the CentraliHOPs advertising budget
provided by li-fOP Corporate to pay for all of the northwest Ohio ]HOPs marketing They
would inflateCentrals invoice with the Invoices for the five other restaurantsand then send that
aggregate invoice to HOP Corporate
PAGE 091 505232012 1144 4192447104 WTOL NEWS
Case 312-cr-00262-DAK Doc 1 Filed OS2212 24 of 65 PagelD 24
24
MediearelWelfarerrax Fraud
92 TAREK ELKAFRAWI MK and TAREKEID OMAR together and separately
devised schemesto personaltycollectmedical and welfarebenefits for which they did not
qualifyand sanctioned employees to do so as well
93 Using an alternate identity MK split his salary between two paychecks creating a
lower reportableincomefor each identity Usingthese dual identities MK has to date claimed
approximately $140000 in Medicaid paymentsand $35000 in food stamps and welfare benefits
from the State of Ohio
94 To further these schemesTAREK ELKAFRAWI and MK created a false property
management companythrough which MK paid rent to TAREK ELKAFRAWI in order to
show less income BothTAREK ELKAFRAWIand MK created and submitted false payroll
checks and financial documentsto support the fraudulent claims
95 TAREK ELKAFRAWI and MK also sanctionedand encouraged employees to file
fraudulent claims KHALED YOUSEF TAREK EID O~ RAMIZ AWWAD and JAMIL
MOHAMMED AWWAD were told by TAREK ELKAFRAWI and MK how to minimizetheir
payrollearnings throughthe use of multipleidentities in order to claim benefits TAREK
ELKAFRAWI toldTAREK EID OMARto eitherstart fraudulently claiming welfare or quit
having children
96 These manipulations to income revenue and payroll were reflectedin erroneousand
fraudulent tax statements to the Internal RevenueService TAREK ELKAFRAW1 directed
accountants to file his personal and corporate lax returns based on this fraudulent information in
an attempt to minimize and obscure his true incomeand tax liabilities
PAGE 10 5WTOL NEWS4192447104OS232012 1144
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Money Laundering Schemes
97 Inorder to hideandconceal thesourceof the proceedsof the wire fraud schemes
TAREK ELKAFRAWI KELLY ELKAFRAWI MK and TAREK EID OMAR engaged in real
estatetransactions
98 TAREK ELKAFRAWI loaned TAREKEID OMARand previous Evansville mop
managers YS andAA approximately S50OOO to purchase a gas station in Evansville Indiana
usingfunds derived solely from TAREK ELKAFRAWrs rnop franchises
99 To conceal the source and nature of the funds used to purchasethe gas station located
at 600North Burkhardt Road Evansville Indiana TAREK ELKAFRAWI transferred
approximately SSOOOO to TAREK EIDOMAR Y S and AAwhich theyused to purchase the
gasstation
100Using laundered assets fromthe IHOP restaurants TAREK ELKAFRAWI and
KELLY ELKAFRAWI purchased homes at l0400 Tecumseh Drive Newburgh Indiana and
J4745 Prairie Lake Drive Toledo Ohio
101 Likewise MK purchased the following properties using funds from bankaccounts
in his various names 2510 Live Oak Road Sylvania Ohio 4027 Meadowgreen DriveSylvania
Ohio 7129 Sandy Springs Road Maumee Ohio and4837 SpringbrookDriveToledo Ohio
The funds were proceeds of the fraudulent schemes
102 Finally from 2004to the date of this indictment TAREK ELKAFRAWIsent
proceeds of fraudulent IHOP transactions overseas by carrying them on his person usingbank
acccunts ownedandcontrolled byTAREKEIDOMARand others knownto the Orand Juryand
using Western Union accounts operated by TAREK EIDOMARand SM (not charged in this
41 1pound44 (1~4 WIUL N~W~
Case 312-cr-00262~DAK Doc 1 Filed 0522112 26 of 65 PagelO 26
26
indictment) Those funds have been used in part to purchase real estate and to make investments
in Egypt
All in violation of Title 18 United States Code Section I956(h)
COVNTl
(Conspiracy to HarborAliens Title 8 UsC Sections t324(a)(l)(AXiii) and I324(a)(1)(AXv)(I)
The Orand Jury furthercharges that
I03 Paragraphs 1-16and 18-I02 are re-alleged and hereby incorporated by referenceas if
fully set forth herein
104 From at least as early as January2004 the exact date to the Grand Jury unknown
through at least December31 2011 in the Northern District of Ohio Western Division and
elsewhere the DefendantsTAREK ELKAFRAWI KELLY ELKAFRAWI AU11JMN LEE
TANGAS MK JOSE LEONmiddotGONZALEZ aka Jose Leon aka Jose Vargas aka Juan Vargas
aka Edwin MartelTAREK ElD OMAR CARLOS GAMBOA KHALED YOUSEF RAMIZ
AWWAD aka Ray JAMIL MOHAMMAD AWWAD KHALIL ABOUDAKKA MAHMOUD
ALI MOHAMED HASSANDONNAJ HARRIOIT LUCKY WILLIAMS and CESAR
AVILA did knowingly and intentionally combine conspire and confederate with each other and
with others known and unknown to the Grand Jury to conceal harbor and shield from detection
one or more aliens namely FJV-PJOSE LEON-GONZALEZ aka lose Leon aka Jose Vargas
aka Juan Vargas aka Edwin Martel MT-C C V V-A S L CESAR AVILA CARLOS
GAMBOAE M A M A G F G J LNU J LNU and approximately two hundred other
aliens known to the Grand Jury In several buildings including but not limited to the Perrysburg
PAGE 12 5WTOL NEWSOS232012 1144 4192447104
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27
Findlay Lima Airport Highway Central Talmadge and Evansville JHOPs as wellas 801 Hiltop
and 4020 RoyerRoad in ToledoOhio knowingand in recklessdisregard of the fact that the
aUen(s) had cometo entered and-remained in the United States In violation of law
A) 11 waspart of the conspiracy that the managers of (HOP restaurants
would hire undocumented aliens to workat the mops after clearingthe
hires with MK or TAREKELKAFRAWI
B) It was further part ofthe conspiracy that undocumented aliens would be
paid in cashuntil theyobtained fraudulent immigration and workdocuments
C) It was funher part of the conspiracy that co-conspirators sometimes would
assist the aliensin finding lodging and in cashing checksat the mop
or bankinginstitutions
D) It was further part oCthe conspiracy that undocumented aliens often would
be paid usinga fake name Or check name
E) It was further part of the conspiracy that the undocumented aliens sometimes
would be transported to other HOP restawant locations to work
F) It was further part ofthe conspiracy that co-conspirators sometimes would
assign to the undocumented aliens the socialsecurity numbers and personal identifierS of
former employees to shield the illegalworkers from discovery
All in violation of Title 8 United States Code Sections 1324(a)(l)(A)(iii) and
1324(a)(1 )(A)(v)(I)~
PAGE 13 5WTOL NEWSOS232012 1144 4192447104
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28
WVNTS3~7
(Mail Fraud Title 18USCbull Section 1341)
The Grand Jury furthercharges that
t OS The allegatiens contained in paragraphs Imiddot16 and 18middot02 of this Indictment are reo
allegedand hereby incorporated by referenceas if fully set forth herein
106 From on or about August 192003 to the dateof this Indictment in the Northern
District or OhioWestern Division and elsewhere TAREK ELKAFRAWI AUTUMNLEE
TANGAS andMK (not charged in this Indictment) devisedand intended to devise a scheme
and artifice to defraud IHOPCorporateand to obtain money and property by meansof materially
false and fraudulent pretensesrepresentations and promises
MANNER AND MEANS
107It waspart of the scheme that TAREK ELKAFRAWI through the use of the
MICROS system knew that sales were obtainedby IHOP Corporate on 8 weeklybasis through an
automatic remote uploading ofdata TAREK ELKAFRAWI knew that IHOP Corporateused the
weeklynet sales figures to determine the weeklyroyalty and rent amount owed byeach franchise
likewisehe knewthat IHOPCorporatedid not examine the weekly deductions from grosssales
that resulted in the net sales figures
108 In fact prior to 2004 TAREK ELKAFRAWI receivedregular IHOP Corporate
reviewsof the operating expensesand balancesheets that showed the costs deducted from gross
sales reflected in net sales After AUlUMN LEETANGAS became FBC in 2004 such thorough
PAGE 14 5WTOL NEWSOS232012 1144 4192447104
Case 312-Cf-00262-DAK Doc 1 Filed 0522112 29 of 65 PagelD 29
29
reviews ceased entirely TAREKELKAFRAWI thereafter devised various schemesto
manipulate the MICROS system in order to create lower-than actual weekly net sales
109Onesuch schemewas to simply tum the MICROS system otT so sales werenot
recorded
110Additionally TAREK ELKAFRAWI instructed his lHOP managers to voidsales
entirelyor to givesignificant discounts to tickets after the ticket had been paid for by thecustomer
and closed
11 J Othercosts chargedagainst grosssales includedunit promotions contests
maintenance andpayouts for whichno documentation was provided In fact these were cash
distributions toTAREK ELKAFRAWI and other employees representingunreported income
112TAREK ELKAFRAWI also woulddeposit rebatecheeks from vendors into the
CentrallHOP account however he would direct his accountants to reflect the deposit as a loan
from officer rather than as incomefrom a rebate This fraudulent representation created an
additional debt on the balance sheet of Central JHOP thus giving the appearancethat the
restaurantwas encumbered with debt and operating expenses and not profitable
1t3 Asa result of these schemes TAREK ELKAFRAWI created the appearance through
his weeklysalesfigures that the CentrallHOP store wasseverely underperforming
114 SInce 2007 TAREK ELKAFRAWI with the help of AUruMN LEETANGAS
applied for rentand royalty reliefpayments from IHOPCorporate Based on the fraudulent
weeklynet sales reports and the annual recommendation of AUlUMN LEE TANOASTAREK
ELKAFRAWIreceived approximately $2300 a week in rentas well as royaltyrelief from HOP
Corporate to which he otherwisewJ not entitled
OS232012 1144 4192447104 WTOL NEWS PAGE 15 5
Case 312-cr-00262-DAK Doc 1 Filed 052212 30 of 65 pagelD 30
30
116 ThesereHefpayments werememorialized in annualcontractsamending the franchise
agreement for eachyear to retlect the newrelief payment agreement Thesecontracts were mailed
from mop Corporate headquarters in Glendale California to Toledo Ohio after the FBCand
RD memos were submitted and approved
117 Onor abouteach of the dates set forth below in the Northern District of Ohio
Western Division and elsewhere for the purpose of executing and attempting to execute the
abovedescribed scheme and artifice 10defraud DefendantsTAREK ELKAFRAWI and
AUTUMNLEE TANOAS knowingly caused to be placed into any post office or authorized
depository for mail matterany matteror thingto be sentand deliveredby the US Postal Service
and caused to be deposited any matterto be sent or delivered by privateand commercial interstate
carrier the following matterfrom Glendale California to Toledo Ohioeach mailing constituting
a separate count
COVNT3
~ SENDER MAJLMATIER
September 24 2007 IHOP Corporate mailing of Amended ReliefContract
COUNL4
June5 2008 IHOPCorporate mailing ofAmended ReliefContract
COUNTS
August 172009 lHOP Corporate mailing of Amended Relief Contract
CQUNT6
May 25 20)0 IHOP Corporate mailing of Amended Relief Contract
OS232012 1149 4192447104 WTOL NEWS PAGE 0115
Case 312-cr-00262-DAK Doc 1 Filed 052212 31 of 65 PagelD 31
31
COuNT 7
May 162011 IHOPCorporate mailing of Amended Relief Contract
All in violation ofTitle l8 United States Code Section 1341
COUNTS
(Health Care FraudTitle 18 USC Sections 1347and 2)
The Grand Jury further charges that
118The allegations contained in 1-16and 18-102of this Indictment are re-allegedand
herebyincorporated byreferenceas if fullyset forth herein
119Using the methodsdescribed in Paragraphs 60-78 TAREK ELKAFRAWr and
others known to the Orand Jury submitted fraudulent reports to BWe resulting in BWe
undercbarging the Airport Highway IHOP
120 From on or about June 4 2004 to the date of this Indictment in the NorthernDistrict
of Ohio Western Division and elsewhere TAREK ELKAFRAWI and others known to the
Orand Jury having devised and intendingto devise B scheme and artifice to defraud the Ohio
Bureauof Workers Compensation (BWe) a healthcare benefit program as defined in Title 18
United States CodeSection24(b) of money by means ofmateriaJly false representations and
promises that was and is in connectionwith the paymentfor health care benefits items IUId
services did knowingly and willfully execute the aforesaid scheme
In violation of Title 18 UnitedStates Code Sections 1347and 2
PAGE 0215WTOL NEWSOS232012 1149 4192447104
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32
COLlNT9
(Health Care FraudTitle 18 USC Sections 1347and 2)
The Orand Jury further charges that
121 The allegations contained in paragraphs )-16 and 18102 of this Indictmentare reo
alleged and herebyincorporatedby reference as if fully set forth herein
122 Using the methodsdescribed in Paragraphs60-78 TAREK ELKAFRAWI and
others known to the Orand Jury submitted fraudulent reports to Bureau of Workers Compensation
(BWC)resulting in BWe undercharging theTalmadge IHOP
123 From on or about June 4 2004 to the date of this Indictment in the Northem District
ofOhio Western Divisionand elsewhere TAREK ELKAFRAWI and others known to the
Grand Jury having devised and intendingto devisea scheme and artifice to defraud the Ohio
awe a health carebenefit program as defined in Title )8 t United States CodeSection 24(b) of
moneyby means of materially false representations and promises that was and is in connection
with the paymentfor health care benefits hems and services did knowinglyand willfullyexecute
theaforesaid scheme
In violation of Title 18 UnitedStatesCode Sections 1347 and 2
CQUNTlll
(Health Care FraudTitle 18USC Sections 1347and 2)
The Orand Jury further charges that
124 Theallegations contained in paragraphs 1-16 and 18-102 of this Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
PAGE 0315WTOL NEWSOS232012 1149 4192447HI4
Case 312-cr-00262-DAK Doc 1 Filed 0522112 33 of 65 PagelD 33
33
125 Using themethods described in Paragraphs 60-78 TAREK ELKAFRAWI and
others known to the OrandJury submitted fraudulent reports to BWC resulting in BWC
undercharging the Lima IHOP
126 From on or about August 31 2007 through the date of this Indictment in the
Northern District of Ohio Western Divisionand elsewhereTAREK BLKAFRAWIand others
known to the GrandJury havingdevisedand intendingto devise a scheme and artifice to defraud
the Ohio Bureau of Workers Compensation (BWe) a health care benefit program as defined in
Title 18 United StatesCode Section24(b) of money by means of materially false
representations and promises that wasand is in connection with the payment for health care
benefits items and services did knowingly and willfullyexecute the aforesaid scheme
In violationof Title 18UnitedStates Code Sections 1347and 2
COUNT 11
(Health Care Fraud Title 18 USC Sections 1347and 2)
The Grand Jury furtherchargesthat
127The allegations contained in paragraphs 1-16and 18-102of this Indictment are reshy
allegedand herebyincorporated by reference as if fully set forth herein
128 Using the methods described in Paragraphs60-78 TAREK ELKAFRAWI and
others known to the OrandJury submitted fraudulent reports to Bwe resulting in awe
undercharging the Findlay IHOP
129 From on or aboutMay 102004 through the date of this Indictment in the Northern
Districtof Ohio Western Division and elsewhere TAREK ELKAFRAWI and others knownto
theGrand Jury havingdevised and intending to devise a scheme and artifice to defraud the Ohio
Bureau of WorkersCompensation (BWe) a health care benefit program as defined in Title 18
4) lL44Hl4 WIUL NIW~
Case 312-cr-00262-DAK Doc 1 Filed 052212 34 of 65 PagelD 34
34
United StatesCode Section 24(b) of moneyby meansof materially false representations and
promises that wasand is in connection with the payment for healthcare benefits items and
services did knowingly and willfully execute the aforesaidscheme
In violation of Title 18 United States Code Sections 1347and 2
CoUNT12
(Health Care Fraud Title 18USC Sections 1347and 2)
The Orand Jut)I further charges that
130 The allegations contained in paragraphs Imiddot] 6 and 18-]02 of this Indictmentare reshy
alleged and hereby incorporated by reference as iffulJy set forth herein
13 l Usingthe methods described in Paragraphs 60-78 TAREK ELKAFRAWI and
others knownto the Orand Jury submitted fraudulent reports to BWe resulting in awe
undercharging the Central IHOP
132 From onor about February 28 2005 through the date of this Indictment in the
Northern Districtof Ohio Westem Division and elsewhere TAREKELKAFRAWI and others
known to the Grand Juryhavingdevisedand intending to devisea scheme and artifice to defraud
the Ohio Bureau of Workers Compensation (BWC) a health care benefitprogram as defined in
Title 18 United States CodeSection24(b) of money by means ofmaterially false
representations and promises that was and Is in connection with the paymentfor health care
benefits items and services did knowingly and willfully executethe aforesaid scheme
In vioJation of Title 18 United States Code Sections 1347and 2
41 I~4411~4 WIUL N~W~
Case 312middotcr-00262middotDAK Doc 1 Filed 052212 35 of 65 pagelO 35
3S
COUNT 13
(HealthCare Fraud Title 18 USC Sections 1347 and 2)
The Grand Jury furtherchargesthat
133The allegationscontained in paragraphs 1middot16 and 18middot102 of this Indictment are reshy
alleged and herebyincorporated by reference 8$ if fullyset forth herein
134 Using the methodsdescribed in Paragraphs 6Q78 TAREK ELKAFRAWI and
others known to the GrandJury submitted fraudulent reports to awc resulting in awe
undercharging the Perrysburg JHOP
135 From on or about August 30 2005 through the date ofthis Indictment in the
Northern District of Ohio Western Division and elsewhere TAREK ELKAFRAWI and others
known to the GrandJury having devised and intending to devise a scheme and artifice to defraud
the Ohio Bureauof WorkersCompensation(BWC) a health care benefit program as defined in
Title 18 United States Code Section 24(b) of money by means of materially false
representations and promises that was and is in cenneetlon with the payment for health care
benefits items and services did knowinglyand willfullyexecute the aforesaid scheme
In violationofTitle 18United StatesCode Sections 1347 and 2
COUNTS 14-17
(Mail Fraud Title 18 USC Section J341)
The Grand Jury furthercharges that
136 The allegations containedin paragraphs 1-16 and 18middot102 of this Indictmentare reshy
alleged and hereby incorporatedby referenceas if fully set forth herein
131 Fromon or about January 30 20ll through on or about April 10201 I in the
Northern District of Ohio Western Division and elsewhere Defendants TAREK ELKAFRAWI
PAGE 061lbWIDe NEWS~b1L32012 1149
Case 312-cr-00262-DAK Doc 1 Filed 052212 36 of 65 PagelD 36
36
and TAREK EIDOMARdevised and intended to devisea scheme and artifice to deframiddotud and to
obtain moneyfrom THOP Corporate by meansof materially false and fraudulent pretenses
representations and promises
MANNER AND MEANS
(t was part of the schemeand artifice that
]38 Using the methods described in Paragraphs 46-54 and 71-78 TAREK ELKAFRAWI
and TAREK EIDOMARmanipulated the SABLE Pointof Sale system to fraudulently report
debits and charges in order to hide the removal of cashdirectly from the Evansville IHOP
TAREK EID OMARat the direction of TAREKELKAFRAWI would then producea fraudulent
PampL report and mail it using the United States PostalService to provide that report to
Management Services in Wichita Falls Texas
139 Onor about each ofthe dates set forth below in the Northern District of Ohio
Western Division andelsewhere for the purpose ofexecutingand attempting to executethe
above described scheme and artifice to defraudTAREK ELKAFRAWI and TAREK EID OMAR
knowingly caused to be placed into any post office or authorized depository for mail matterany
matteror thingto besent and delivered by the US Postal Services and caused to be deposited any
matter to be sent or delivered by privateand commercial interstatecarrier the following matter
from Toledo Ohioand Evansville Indianato WichitaFallsTexas each mailingconstituting a
separate count
COUNT 14
Mm SENDER MAIL MAUER
January 302011 TAREK EID OMAR PampL report
OS232012 1149 419~447104 WTOL NEWS PAGE 0715
Case 312-cr-00262-0AK Doc 1 Filed 0522112 37 of 65 PagelD 37
37
COUNT 15
February14 2011 TAREK BID OMAR PampL report
COUNT 16
March 28 20II TAREKEID OMAR PampL report
COUNT 17
April 102011 TAREK EJD OMAR PampL report
All in violation ofTitle 18UnitedStates Code Sections 341 and 2
COUNT 18
(Use of Fire to Commit a Felony Title 18 USC Sections 844(h) and 2)
TheGrand Jury further charges that
140The allegations contained in paragraphs 1-16 and 18-102 ofthis Indictmentarc reshy
alleged and hereby incorporatedby reference as if fully set forth herein
141On or about August 10 and II 2008 [n the Northern Districtof Ohio Westem
DivisionTAREK ELKAFRAWI and JOSE LEON-GONZALEZ knowingly used fire to commit
Mail Fraud a felony prosecutable in a court of the United States
In violation ofTitle 18 United States Code Sections 844(h) and 2
COUNTl2
(Malicious Use of Fire Title 18 USC Sections 844(i) and 2)
The Grand Jury further charges that
142 The allegations contained in paragraphs 1-16and 18-102 ofthls Indictmentare reo
alleged and hereby incorporated by reference as if fully set forth herein
WTOL NEWS PAGE 0815OS232012 1149 4192447104
Case 312-cr-00262-DAK Doc 1 Filed 052212 38 of 65 PagelD 38
38
143 On or about August 10and II 2008 in the Northern District of Ohio Western
Division TAREK ELKAFRAWIand JOSE LEON-GONZALEZ maliciously damaged bymeans
of fire and explosivematerialsa buildinglocated at 7777 Countymiddot Road 136 Findlay Ohio used
in interstatecommerce
In violation of Title 18 UnitedStates Code Sections 844(i) and 2
coUNtS 0-28
(Mail FraudTitle] 8 USCSection 1341)
The Grand Jury furthercharges that
144 The allegations containedin paragraphs 1-16and I8-102 of this lndictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
145 Fromapproximately the month of July 2008 the exact date unknownto the Grand
Jury through On or about October 27 2009 in the Northern District of Ohio Western Division
and elsewhereTAREK ELKAFRAWI devisedand intended to devise 8 scheme and artifice to
defraudFarmers InsW1J1ce Group and to obtain moneyand property by meansof false and
fraudulent pretenses representations and promises
146 It was part of the schemeand artificeto defraud that TAREK ELKAFRAWI would
submit traudulent invoices to FarmersInsuranceGroup under PolicyNumber 602926772 for
work that was not performed or performed at a lower invoice
147It was a furtherpart of the scheme and artifice that TAREK ELKAFRAWI submitted
claims forpayroll costs that were completely illusorybecause the requested claimswere for
periods the restaurant was closed and had no employees
~~~J2012 1149 4192447104
Case 312-cr-00262-DAK Doc
WIDe NEWS PAGE 091~
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39
148 It was a furtherpart of the sc erne and artifice that all checks were sent directly to
TAREKELKAFRAWI at the Terry Elk G~OUP not the Findlay lHOP
149On or about each of the dates bet forth below in the Northern District of Ohio
Western Division and elsewhere for the Jurpose of executing and attempting to execute the
above described scheme and artifice to delud TAREK ELKAFRAWI knowinglycaused to be
placed into any post office or authorized dlpository for mail matterany matter or thing to be sentI
and dellvered by the US Postal Service Jd caused to be deposited any matter to be sent or
delivered by private and commercial inters~te carrier the following matter from the state of
Illinois to Toledo Ohio each mailingcon~itUting a separate count
October 17 2008
October22 2008
January 262009
October21 2009
September22 2008
January 26 2009
SENDER
Fanners Insurance
Farmers Insurance
Farmers Insurance
Farmers Insurance
FarmersInsurance
Farmers Inswance
CO 20
M61LMAmR
$S5947S 1check to Terry Elk Group
21
I $45581367 check to Terry Elk Group
~ I $24444302 check to Terry Elk Group
~ I $2262384 check to Terry Elk Group
bOUNTM
I $2500000 check to Terry Elk Croup
~ $15684795 check to Terry Elk Group
PAGE 1015WTOL NEWS05232012 1149 4192447104
Case 312-cr-00262-DAK Doc 1 Filed 05122112 40 of 65 pagelD 40
40
COUNT 26
October ~ I 2009 Farmers Insurance $4285205 check to Terry Elk Group
COUNT 27
February 172009 Farmers Insurance $20867200check to Terry Elk Group
COUNT 21
October 27 2009 FarmersInsurance $15226400 check to Terry Elk Group
All in violationofTitle 18 United States Code Section 1341
COUNT 29
(Aggravated IdentityTheft Title 18 USC Section 1028A and 2)
The OrandJury furthercharges that
ISO The allegations contained in paragraphs 1-16and 18~102 of this Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
J51 Onorabout October9 2007 in the Northem District of9hlo Western Division
TAREK ELKAFRAWI did knowinglyuse without lawftllauthority a means of identification of
another personduring and in relation to the commission ofWire Fraud a violation ofride 18
United States Code Section 1343
In violation of Title 18 United States Code Sections I028A(a)(1) and 2
CQVNT30
(Aggravated Identity Theft T~tle is USC Section l028A and 2)
The Grand Jury further charges that
152 The allegations eontained in paragraphs 1-16 and 18-102 of this Indictment are reshy
alleged and hereby incorporated by reference as if fully set forth herein
05232012 1149 4192447104 WTOL NEWS PAGE 111 5
Case 312-cr-Q0262~DAK Doc 1 Filed 052212 41 of 65 PagelD 41
41
153 On or about May 192008 in the Northern District of Ohio Western Division
TAREK ELKAFRAWIdid knowingly use without lawfulauthoritya means of identification of
another personduringand in relation to the commission of Wire Fraud a violation ofTitle 1g
United StatesCodeSection I~43
In violation of TitJe J8 UnitedStates Code Sections 1028A(a)(I) and 2
COUNT31
(Aggravated IdentityTheftTitle 18USC Section J028A and 2)
The Orand Jury furthercharges that
154 The allegations contained in paragraphs 1-l6- and 18middot102 of this Indictment are reshy
alleged and herebyincorporated by reference as if fully set forth herein
155 On or aboutJuly 132Q09 in the Northern District of Ohio Western Division
TAREK ELKAFRAWIj did knowingly use without lawfuJ authority a means of identification of
another personduring and in relation to the commission of Wire Fraud a violation of Title 18
United StatesCodeSection 1343
In violationofTitle 18 United States Code Sections 1028A(aXl) and 2
COlNT32
(Aggravated IdentityTheft Title 18USC Sectlon J028A and 2)
The Grand Jury furthercharges that
J56 Theallegations contained in paragraphs1-16and 184 J02 of this Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
157On or about May3l 2009 in theNorthern Districtof Ohio Western Division
TAREK ELKAFRAWI did knOWingly use without lawful authoritya means of identification of
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42
another person during and in relation to the commission of Wire Fraud a violation of Title 18
United States Code Section 1343
In violation ofTitle 18 United States Code Sections 1028A(a)(I) and 2
COUNT 33
(Aggravated Identity Theft Title 18 UsC Section l028A and 2)
The GrandJury further charges that
138 The allegationscontainedin paragraphs 1-16 and 18-]02 of this Indictment are reshy
alleged and herebyincorporated by reference as if fullyset forth herein
159 On or about October 22008 in the Northern District of Ohio Westem Division
TAREK ELKAFRAWI did knowingly use without lawfulauthority a means of identification of
another personduring and in relation to the commission of Wire Fraud a violationof Title 18
United States Code Section 1343
In violationof TItle ]8 United States Code Sections 1028A(a)(I) and 2
CQVNT34 (Aggravated IdentityTheft Title 18 USC Section 1028A and 2)
The Grand Jury furtherchargesthat
160 The allegationscontained in paragraphs 1-16and 18-102ofthis Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
16t Onor about January27 2008 in the Northern District of Ohio WesternDivision
TAREK ELKAFRAWI did knowinglyuse without lawfulauthority a means of identification of
anotherpersonduringand in relation to the commissionofWire Fraud a violation ofTitJe 18
United States Code Section 1343
In violation of Title 18United States Code Sections l028A(a)(1) and 2
I I
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43
COUNT 35 (AggravatedIdentityTheft Title 18USC Section 1028A and 2)
The Grand Jury further charges that
162The allegations contained in paragraphs I-16 and 18-102 of this Indictment are reshy
alleged and herebyincorporated by reference as jf fully set forth herein
163On or about March 72009 in the NorthernDistrict of Ohio Western Division
TAREK ELKAFRAWI and KHALED YOUSEF did knowinglyuse without lawful authority a
means of identification of another personduringand in relation to the commission of Wire Fraud
a violation of Title 18 United States Code Section 1343
In violationof Title 18 United States Code Sections 1028A(a)(1)and 2
COUNT 36
(Aggravated IdentityTheft Title 18 USC Section 1028Aand 2)
The GrandJury further charges that
164 The allegations contained in paragraphs 1-16 and 18-102 of this Indictmentare reshy
allegedand hereby incorporated byreferenceas if fully set forth herein
16S On or about March tS 2009 in the Northern District of Ohio Western Division
TAREK ELKAFRAWI and KHALED YOUSEF did knowinglyuse without lawful authority a
means of identification of another person duringand in relation to the commission of WireFraud
a violation of Title 18United States Code Section 1343
In violation ofTitle 18United States Code Sections l028A(a)(1) and 2
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COUNT 37
(Aggravated Identity The~ Title 18 USC Section l028A and 2)
The GrandJury further charges that
166 Theallegations contained in paragraphs 1-16 and 18-] 02 of this Indictment are reshy
alleged and hereby incorporated byreference as if fully set forth herein
167 On or aboutJuly 21 2009 in the Northern District of Ohio Western Division
TAREK ELKAfRAWI and RAMIZAWWAO did knowingly use without lawful authority a
means of identification of anotherperson duringand in relation to the commission of WireFraud
a violation of Title 18United States Code Section 1343
In violation ofTitle 18 UnitedStates Code Sections l028A(a)(1) and 2
cOUNT38
(Aggravated Identity TheftTitle 18 USC Section 1028A and 2)
The Grand Juryfurthercharges that
168Theallegations contained in paragraphs 1-16 and t8-102 of this Indictment are reshy
alleged and hereby incorporated by reference 8S if fully set forth herein
169 On or about July 132009 in the NorthernDistrict ofOhio WesternDivision
TAREK ELKAFRAWIand IAMIL MOHAMMED AWWAD did knowingly use withoutlawful
authority a meansof identification of another person during and in relation to the commission of
Wire Fraud a violation ofTitle 18 United States Code Section 1343
In violation of Title 18 United States CodeSections l028A(a)(1) and 2
11 4l 41 l~44 IUl4 WIUL NIWl
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45
COUNT 39
(Identity Theftt Title 18 USC Sections 1028 and 2)
The Grand Jury further charges that
170 The allegationscontained in paragraphs 1-16 and 18-102 of this Indictment are reshy
alleged and hereby incorporated by reference as if fully set forth herein
171 On or about December132010 in the Northern District orOhio Western Division
TAREKELKAFRAWI and DONNA J HARRIOTTt did knowingly use in or affectinginterstate
or foreigncommerce without lawful authority a means of identification ofanother person to wit
s social securitynumber and date of birth with the intent to commit or to aid or abet or in
connectionwith any unlawful activitythat constitutes Wire Fraud 8 violation of 18USC
sect1343 and the offense involved the useof an authentication feature that is or appears to be an
identification document or authentication feature issued by Or under the authority of the United
States
All in violation ofTitle 1St United States Code Sections 1028(a)() (b)(l )(A)(l) and (f)
and 2
COUNI40
(Identity Theft Title 18USCbull Sections 1028and 2)
TheGrand Juryfurther chargesthat
172The allegationscontained in paragraphs 1-16 and J8middot102 of this Indictment are reo
allegedand hereby incorporated by referenceas if fully set forth herein
173On or about May42010 in the Northern District ofOhio Western Division
TAREK ELKAFRAWI and SARA RINEBOLT did knowingly use in or affecting interstate or
PAGE El6 5 WTOL NEWSOS232012 1144
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and orderofTAREK ELKAFRAWI and MK to facilitate insurance fraud schemes by TAREK
ELKAFRAWI
80 TAREK ELKAFRAWIsubmitted approximately $136million in fraudulent
insurance claims for firedamage to the restaurant The receipts submitted to the insurance
company reflected overcharges charges for work never doneworkdone at artificially inflated
prices and for fraudulent payroll claimsand lost income Additionally TAREK ELKAFRA WI
created wholly fictitious invoices and diverted thosepayments to his personal use
Rebate Fraud
81 TAREK ELKAFRAWIandMK used a varietyofadditional accounting
manipulations to affect the franchises balancesheets For example TAREKELKAFRAWI
often personally received rebate checks from food and beverage vendors reflecting the large
amountsofmoneyspent with theircompanies Thesechecksweremailed directly to TAREK
ELKAFRAWIs homes in Toledo and Evansville ratherthan delivered to the intended restaurant
The amounts were substantial Tropicanas annual rebate was approximately $12000 Cocashy
Colas annual rebate was approximately $7500 US Foods annual rebate was approximately
$80000 and Pepsis annual rebatewasapproximately S55000 From2004 to the date oftbis
indictment the total amount of rebate payments received by TAREK ELKAFRAWI exceeded
SIIOOOOO
82Before 2005TAREK ELKAFRAWI simplyused this money for personal expenses
However after 2005 TAREK ELKAFRAWIoccasionally reinvested the rebate money into the
franchises as a loan from officer
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83 Under this scheme TAREK ELJltAFRAWI was essentiallyclaimingthe corporations
money for himself8Jld loaning it back to the businesswhilenot reporting the rebate money as
personal income This generated an additional unwarranted liability for the corporation receiving
the loan while TAREK ELKAFRAWI would take a personal loss on his taxesfor the unpaid
loan Thus the overall tax liability for the company and for TAREK ELKAFRAWI was
fraudulently lowered
Other Schemes to Defraud
84 Thebalance sheet was also affectedby claimingremodelingcosts as a liability instead
of an asset IHOP Corporatemandated that each restaurant be remodeled every five years Per
JHOP Corporate policy this costs a franchise approximately $70000 Under standard
accountingpractices this remodel should be considered an appreciation However TAREK
ELKAFRAWI regularly directed the accountants to claimthis expense as repair and
maintenance considered a liability
85 In September2010 ManagementServices the accountantsused by TAREK
ELKAFRAWI questioned a $40000 remodelingof the Evansville restaurant completedin 2007
TAREK ELKAFRAWI lied to the accountantsthat the $40000was a personal loan from a
businesspartner Management Services then issuedcheckstotaling $40000 to the business
partner TAREK ELKAFRAWI took these checks for his own purposes
86 TAREK ELKAFRAWI also used the restaurants to obtain loans that he would
otherwisenot beable to secure TAREK ELKAFRAWIapplied for loans using well-performing
IHOP restaurants as collateral for the loans then used those loans to pay for improvements on his
other (HOPrestaurants
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87 The improperbenefitreceived arose from the fact that each restaurant is an
independent corporation Knowing that certainIHOP restaurants such as Findlay would be
unable to securea loanTAREK ELKAFRAWIwould apply for a loan using a corporation for a
healthyrestaurant likeLima Once he hadsecured that loan he wouJd use the money on the
unqualified restaurant
88 Thusthe healthy restaurant wouJd cany a loss in the form of an outstanding loan on
its books lowering its tax liabilities while the other restaurantenjoyed the use of the loan
without having to report the transferof funds as profit
89 TAREKELKAFRAWI furtherusedschemes to transfer moneyobtained from IHOP
Corporate intended to benefitone restaurant to the use of another restaurant or directly to
himself
90 Forinstance advertising and marketing revenue would be used byTAREK
ELKAFRAWIand MK in a mannersimilar to the rebate checks In 2007 TAREK
ELKAFRAWIsubmitted a fraudulent invoicereflecting the purchase of an advertising sign for
CentrallHOP for$13500when in facthe only spent $3500 on the sign He receiveda check
fromIHOPCorporate for $13500and pocketed the difference TAREK ELiltAFRAWI
thereafterreported the remaining $ J0000 as a loan ftom officer and not taxable income
9Jbull TAREK ELKAFRAWI and MK also used the CentraliHOPs advertising budget
provided by li-fOP Corporate to pay for all of the northwest Ohio ]HOPs marketing They
would inflateCentrals invoice with the Invoices for the five other restaurantsand then send that
aggregate invoice to HOP Corporate
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MediearelWelfarerrax Fraud
92 TAREK ELKAFRAWI MK and TAREKEID OMAR together and separately
devised schemesto personaltycollectmedical and welfarebenefits for which they did not
qualifyand sanctioned employees to do so as well
93 Using an alternate identity MK split his salary between two paychecks creating a
lower reportableincomefor each identity Usingthese dual identities MK has to date claimed
approximately $140000 in Medicaid paymentsand $35000 in food stamps and welfare benefits
from the State of Ohio
94 To further these schemesTAREK ELKAFRAWI and MK created a false property
management companythrough which MK paid rent to TAREK ELKAFRAWI in order to
show less income BothTAREK ELKAFRAWIand MK created and submitted false payroll
checks and financial documentsto support the fraudulent claims
95 TAREK ELKAFRAWI and MK also sanctionedand encouraged employees to file
fraudulent claims KHALED YOUSEF TAREK EID O~ RAMIZ AWWAD and JAMIL
MOHAMMED AWWAD were told by TAREK ELKAFRAWI and MK how to minimizetheir
payrollearnings throughthe use of multipleidentities in order to claim benefits TAREK
ELKAFRAWI toldTAREK EID OMARto eitherstart fraudulently claiming welfare or quit
having children
96 These manipulations to income revenue and payroll were reflectedin erroneousand
fraudulent tax statements to the Internal RevenueService TAREK ELKAFRAW1 directed
accountants to file his personal and corporate lax returns based on this fraudulent information in
an attempt to minimize and obscure his true incomeand tax liabilities
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Money Laundering Schemes
97 Inorder to hideandconceal thesourceof the proceedsof the wire fraud schemes
TAREK ELKAFRAWI KELLY ELKAFRAWI MK and TAREK EID OMAR engaged in real
estatetransactions
98 TAREK ELKAFRAWI loaned TAREKEID OMARand previous Evansville mop
managers YS andAA approximately S50OOO to purchase a gas station in Evansville Indiana
usingfunds derived solely from TAREK ELKAFRAWrs rnop franchises
99 To conceal the source and nature of the funds used to purchasethe gas station located
at 600North Burkhardt Road Evansville Indiana TAREK ELKAFRAWI transferred
approximately SSOOOO to TAREK EIDOMAR Y S and AAwhich theyused to purchase the
gasstation
100Using laundered assets fromthe IHOP restaurants TAREK ELKAFRAWI and
KELLY ELKAFRAWI purchased homes at l0400 Tecumseh Drive Newburgh Indiana and
J4745 Prairie Lake Drive Toledo Ohio
101 Likewise MK purchased the following properties using funds from bankaccounts
in his various names 2510 Live Oak Road Sylvania Ohio 4027 Meadowgreen DriveSylvania
Ohio 7129 Sandy Springs Road Maumee Ohio and4837 SpringbrookDriveToledo Ohio
The funds were proceeds of the fraudulent schemes
102 Finally from 2004to the date of this indictment TAREK ELKAFRAWIsent
proceeds of fraudulent IHOP transactions overseas by carrying them on his person usingbank
acccunts ownedandcontrolled byTAREKEIDOMARand others knownto the Orand Juryand
using Western Union accounts operated by TAREK EIDOMARand SM (not charged in this
41 1pound44 (1~4 WIUL N~W~
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26
indictment) Those funds have been used in part to purchase real estate and to make investments
in Egypt
All in violation of Title 18 United States Code Section I956(h)
COVNTl
(Conspiracy to HarborAliens Title 8 UsC Sections t324(a)(l)(AXiii) and I324(a)(1)(AXv)(I)
The Orand Jury furthercharges that
I03 Paragraphs 1-16and 18-I02 are re-alleged and hereby incorporated by referenceas if
fully set forth herein
104 From at least as early as January2004 the exact date to the Grand Jury unknown
through at least December31 2011 in the Northern District of Ohio Western Division and
elsewhere the DefendantsTAREK ELKAFRAWI KELLY ELKAFRAWI AU11JMN LEE
TANGAS MK JOSE LEONmiddotGONZALEZ aka Jose Leon aka Jose Vargas aka Juan Vargas
aka Edwin MartelTAREK ElD OMAR CARLOS GAMBOA KHALED YOUSEF RAMIZ
AWWAD aka Ray JAMIL MOHAMMAD AWWAD KHALIL ABOUDAKKA MAHMOUD
ALI MOHAMED HASSANDONNAJ HARRIOIT LUCKY WILLIAMS and CESAR
AVILA did knowingly and intentionally combine conspire and confederate with each other and
with others known and unknown to the Grand Jury to conceal harbor and shield from detection
one or more aliens namely FJV-PJOSE LEON-GONZALEZ aka lose Leon aka Jose Vargas
aka Juan Vargas aka Edwin Martel MT-C C V V-A S L CESAR AVILA CARLOS
GAMBOAE M A M A G F G J LNU J LNU and approximately two hundred other
aliens known to the Grand Jury In several buildings including but not limited to the Perrysburg
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27
Findlay Lima Airport Highway Central Talmadge and Evansville JHOPs as wellas 801 Hiltop
and 4020 RoyerRoad in ToledoOhio knowingand in recklessdisregard of the fact that the
aUen(s) had cometo entered and-remained in the United States In violation of law
A) 11 waspart of the conspiracy that the managers of (HOP restaurants
would hire undocumented aliens to workat the mops after clearingthe
hires with MK or TAREKELKAFRAWI
B) It was further part ofthe conspiracy that undocumented aliens would be
paid in cashuntil theyobtained fraudulent immigration and workdocuments
C) It was funher part of the conspiracy that co-conspirators sometimes would
assist the aliensin finding lodging and in cashing checksat the mop
or bankinginstitutions
D) It was further part oCthe conspiracy that undocumented aliens often would
be paid usinga fake name Or check name
E) It was further part of the conspiracy that the undocumented aliens sometimes
would be transported to other HOP restawant locations to work
F) It was further part ofthe conspiracy that co-conspirators sometimes would
assign to the undocumented aliens the socialsecurity numbers and personal identifierS of
former employees to shield the illegalworkers from discovery
All in violation of Title 8 United States Code Sections 1324(a)(l)(A)(iii) and
1324(a)(1 )(A)(v)(I)~
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28
WVNTS3~7
(Mail Fraud Title 18USCbull Section 1341)
The Grand Jury furthercharges that
t OS The allegatiens contained in paragraphs Imiddot16 and 18middot02 of this Indictment are reo
allegedand hereby incorporated by referenceas if fully set forth herein
106 From on or about August 192003 to the dateof this Indictment in the Northern
District or OhioWestern Division and elsewhere TAREK ELKAFRAWI AUTUMNLEE
TANGAS andMK (not charged in this Indictment) devisedand intended to devise a scheme
and artifice to defraud IHOPCorporateand to obtain money and property by meansof materially
false and fraudulent pretensesrepresentations and promises
MANNER AND MEANS
107It waspart of the scheme that TAREK ELKAFRAWI through the use of the
MICROS system knew that sales were obtainedby IHOP Corporate on 8 weeklybasis through an
automatic remote uploading ofdata TAREK ELKAFRAWI knew that IHOP Corporateused the
weeklynet sales figures to determine the weeklyroyalty and rent amount owed byeach franchise
likewisehe knewthat IHOPCorporatedid not examine the weekly deductions from grosssales
that resulted in the net sales figures
108 In fact prior to 2004 TAREK ELKAFRAWI receivedregular IHOP Corporate
reviewsof the operating expensesand balancesheets that showed the costs deducted from gross
sales reflected in net sales After AUlUMN LEETANGAS became FBC in 2004 such thorough
PAGE 14 5WTOL NEWSOS232012 1144 4192447104
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29
reviews ceased entirely TAREKELKAFRAWI thereafter devised various schemesto
manipulate the MICROS system in order to create lower-than actual weekly net sales
109Onesuch schemewas to simply tum the MICROS system otT so sales werenot
recorded
110Additionally TAREK ELKAFRAWI instructed his lHOP managers to voidsales
entirelyor to givesignificant discounts to tickets after the ticket had been paid for by thecustomer
and closed
11 J Othercosts chargedagainst grosssales includedunit promotions contests
maintenance andpayouts for whichno documentation was provided In fact these were cash
distributions toTAREK ELKAFRAWI and other employees representingunreported income
112TAREK ELKAFRAWI also woulddeposit rebatecheeks from vendors into the
CentrallHOP account however he would direct his accountants to reflect the deposit as a loan
from officer rather than as incomefrom a rebate This fraudulent representation created an
additional debt on the balance sheet of Central JHOP thus giving the appearancethat the
restaurantwas encumbered with debt and operating expenses and not profitable
1t3 Asa result of these schemes TAREK ELKAFRAWI created the appearance through
his weeklysalesfigures that the CentrallHOP store wasseverely underperforming
114 SInce 2007 TAREK ELKAFRAWI with the help of AUruMN LEETANGAS
applied for rentand royalty reliefpayments from IHOPCorporate Based on the fraudulent
weeklynet sales reports and the annual recommendation of AUlUMN LEE TANOASTAREK
ELKAFRAWIreceived approximately $2300 a week in rentas well as royaltyrelief from HOP
Corporate to which he otherwisewJ not entitled
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116 ThesereHefpayments werememorialized in annualcontractsamending the franchise
agreement for eachyear to retlect the newrelief payment agreement Thesecontracts were mailed
from mop Corporate headquarters in Glendale California to Toledo Ohio after the FBCand
RD memos were submitted and approved
117 Onor abouteach of the dates set forth below in the Northern District of Ohio
Western Division and elsewhere for the purpose of executing and attempting to execute the
abovedescribed scheme and artifice 10defraud DefendantsTAREK ELKAFRAWI and
AUTUMNLEE TANOAS knowingly caused to be placed into any post office or authorized
depository for mail matterany matteror thingto be sentand deliveredby the US Postal Service
and caused to be deposited any matterto be sent or delivered by privateand commercial interstate
carrier the following matterfrom Glendale California to Toledo Ohioeach mailing constituting
a separate count
COVNT3
~ SENDER MAJLMATIER
September 24 2007 IHOP Corporate mailing of Amended ReliefContract
COUNL4
June5 2008 IHOPCorporate mailing ofAmended ReliefContract
COUNTS
August 172009 lHOP Corporate mailing of Amended Relief Contract
CQUNT6
May 25 20)0 IHOP Corporate mailing of Amended Relief Contract
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31
COuNT 7
May 162011 IHOPCorporate mailing of Amended Relief Contract
All in violation ofTitle l8 United States Code Section 1341
COUNTS
(Health Care FraudTitle 18 USC Sections 1347and 2)
The Grand Jury further charges that
118The allegations contained in 1-16and 18-102of this Indictment are re-allegedand
herebyincorporated byreferenceas if fullyset forth herein
119Using the methodsdescribed in Paragraphs 60-78 TAREK ELKAFRAWr and
others known to the Orand Jury submitted fraudulent reports to BWe resulting in BWe
undercbarging the Airport Highway IHOP
120 From on or about June 4 2004 to the date of this Indictment in the NorthernDistrict
of Ohio Western Division and elsewhere TAREK ELKAFRAWI and others known to the
Orand Jury having devised and intendingto devise B scheme and artifice to defraud the Ohio
Bureauof Workers Compensation (BWe) a healthcare benefit program as defined in Title 18
United States CodeSection24(b) of money by means ofmateriaJly false representations and
promises that was and is in connectionwith the paymentfor health care benefits items IUId
services did knowingly and willfully execute the aforesaid scheme
In violation of Title 18 UnitedStates Code Sections 1347and 2
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32
COLlNT9
(Health Care FraudTitle 18 USC Sections 1347and 2)
The Orand Jury further charges that
121 The allegations contained in paragraphs )-16 and 18102 of this Indictmentare reo
alleged and herebyincorporatedby reference as if fully set forth herein
122 Using the methodsdescribed in Paragraphs60-78 TAREK ELKAFRAWI and
others known to the Orand Jury submitted fraudulent reports to Bureau of Workers Compensation
(BWC)resulting in BWe undercharging theTalmadge IHOP
123 From on or about June 4 2004 to the date of this Indictment in the Northem District
ofOhio Western Divisionand elsewhere TAREK ELKAFRAWI and others known to the
Grand Jury having devised and intendingto devisea scheme and artifice to defraud the Ohio
awe a health carebenefit program as defined in Title )8 t United States CodeSection 24(b) of
moneyby means of materially false representations and promises that was and is in connection
with the paymentfor health care benefits hems and services did knowinglyand willfullyexecute
theaforesaid scheme
In violation of Title 18 UnitedStatesCode Sections 1347 and 2
CQUNTlll
(Health Care FraudTitle 18USC Sections 1347and 2)
The Orand Jury further charges that
124 Theallegations contained in paragraphs 1-16 and 18-102 of this Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
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33
125 Using themethods described in Paragraphs 60-78 TAREK ELKAFRAWI and
others known to the OrandJury submitted fraudulent reports to BWC resulting in BWC
undercharging the Lima IHOP
126 From on or about August 31 2007 through the date of this Indictment in the
Northern District of Ohio Western Divisionand elsewhereTAREK BLKAFRAWIand others
known to the GrandJury havingdevisedand intendingto devise a scheme and artifice to defraud
the Ohio Bureau of Workers Compensation (BWe) a health care benefit program as defined in
Title 18 United StatesCode Section24(b) of money by means of materially false
representations and promises that wasand is in connection with the payment for health care
benefits items and services did knowingly and willfullyexecute the aforesaid scheme
In violationof Title 18UnitedStates Code Sections 1347and 2
COUNT 11
(Health Care Fraud Title 18 USC Sections 1347and 2)
The Grand Jury furtherchargesthat
127The allegations contained in paragraphs 1-16and 18-102of this Indictment are reshy
allegedand herebyincorporated by reference as if fully set forth herein
128 Using the methods described in Paragraphs60-78 TAREK ELKAFRAWI and
others known to the OrandJury submitted fraudulent reports to Bwe resulting in awe
undercharging the Findlay IHOP
129 From on or aboutMay 102004 through the date of this Indictment in the Northern
Districtof Ohio Western Division and elsewhere TAREK ELKAFRAWI and others knownto
theGrand Jury havingdevised and intending to devise a scheme and artifice to defraud the Ohio
Bureau of WorkersCompensation (BWe) a health care benefit program as defined in Title 18
4) lL44Hl4 WIUL NIW~
Case 312-cr-00262-DAK Doc 1 Filed 052212 34 of 65 PagelD 34
34
United StatesCode Section 24(b) of moneyby meansof materially false representations and
promises that wasand is in connection with the payment for healthcare benefits items and
services did knowingly and willfully execute the aforesaidscheme
In violation of Title 18 United States Code Sections 1347and 2
CoUNT12
(Health Care Fraud Title 18USC Sections 1347and 2)
The Orand Jut)I further charges that
130 The allegations contained in paragraphs Imiddot] 6 and 18-]02 of this Indictmentare reshy
alleged and hereby incorporated by reference as iffulJy set forth herein
13 l Usingthe methods described in Paragraphs 60-78 TAREK ELKAFRAWI and
others knownto the Orand Jury submitted fraudulent reports to BWe resulting in awe
undercharging the Central IHOP
132 From onor about February 28 2005 through the date of this Indictment in the
Northern Districtof Ohio Westem Division and elsewhere TAREKELKAFRAWI and others
known to the Grand Juryhavingdevisedand intending to devisea scheme and artifice to defraud
the Ohio Bureau of Workers Compensation (BWC) a health care benefitprogram as defined in
Title 18 United States CodeSection24(b) of money by means ofmaterially false
representations and promises that was and Is in connection with the paymentfor health care
benefits items and services did knowingly and willfully executethe aforesaid scheme
In vioJation of Title 18 United States Code Sections 1347and 2
41 I~4411~4 WIUL N~W~
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3S
COUNT 13
(HealthCare Fraud Title 18 USC Sections 1347 and 2)
The Grand Jury furtherchargesthat
133The allegationscontained in paragraphs 1middot16 and 18middot102 of this Indictment are reshy
alleged and herebyincorporated by reference 8$ if fullyset forth herein
134 Using the methodsdescribed in Paragraphs 6Q78 TAREK ELKAFRAWI and
others known to the GrandJury submitted fraudulent reports to awc resulting in awe
undercharging the Perrysburg JHOP
135 From on or about August 30 2005 through the date ofthis Indictment in the
Northern District of Ohio Western Division and elsewhere TAREK ELKAFRAWI and others
known to the GrandJury having devised and intending to devise a scheme and artifice to defraud
the Ohio Bureauof WorkersCompensation(BWC) a health care benefit program as defined in
Title 18 United States Code Section 24(b) of money by means of materially false
representations and promises that was and is in cenneetlon with the payment for health care
benefits items and services did knowinglyand willfullyexecute the aforesaid scheme
In violationofTitle 18United StatesCode Sections 1347 and 2
COUNTS 14-17
(Mail Fraud Title 18 USC Section J341)
The Grand Jury furthercharges that
136 The allegations containedin paragraphs 1-16 and 18middot102 of this Indictmentare reshy
alleged and hereby incorporatedby referenceas if fully set forth herein
131 Fromon or about January 30 20ll through on or about April 10201 I in the
Northern District of Ohio Western Division and elsewhere Defendants TAREK ELKAFRAWI
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36
and TAREK EIDOMARdevised and intended to devisea scheme and artifice to deframiddotud and to
obtain moneyfrom THOP Corporate by meansof materially false and fraudulent pretenses
representations and promises
MANNER AND MEANS
(t was part of the schemeand artifice that
]38 Using the methods described in Paragraphs 46-54 and 71-78 TAREK ELKAFRAWI
and TAREK EIDOMARmanipulated the SABLE Pointof Sale system to fraudulently report
debits and charges in order to hide the removal of cashdirectly from the Evansville IHOP
TAREK EID OMARat the direction of TAREKELKAFRAWI would then producea fraudulent
PampL report and mail it using the United States PostalService to provide that report to
Management Services in Wichita Falls Texas
139 Onor about each ofthe dates set forth below in the Northern District of Ohio
Western Division andelsewhere for the purpose ofexecutingand attempting to executethe
above described scheme and artifice to defraudTAREK ELKAFRAWI and TAREK EID OMAR
knowingly caused to be placed into any post office or authorized depository for mail matterany
matteror thingto besent and delivered by the US Postal Services and caused to be deposited any
matter to be sent or delivered by privateand commercial interstatecarrier the following matter
from Toledo Ohioand Evansville Indianato WichitaFallsTexas each mailingconstituting a
separate count
COUNT 14
Mm SENDER MAIL MAUER
January 302011 TAREK EID OMAR PampL report
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37
COUNT 15
February14 2011 TAREK BID OMAR PampL report
COUNT 16
March 28 20II TAREKEID OMAR PampL report
COUNT 17
April 102011 TAREK EJD OMAR PampL report
All in violation ofTitle 18UnitedStates Code Sections 341 and 2
COUNT 18
(Use of Fire to Commit a Felony Title 18 USC Sections 844(h) and 2)
TheGrand Jury further charges that
140The allegations contained in paragraphs 1-16 and 18-102 ofthis Indictmentarc reshy
alleged and hereby incorporatedby reference as if fully set forth herein
141On or about August 10 and II 2008 [n the Northern Districtof Ohio Westem
DivisionTAREK ELKAFRAWI and JOSE LEON-GONZALEZ knowingly used fire to commit
Mail Fraud a felony prosecutable in a court of the United States
In violation ofTitle 18 United States Code Sections 844(h) and 2
COUNTl2
(Malicious Use of Fire Title 18 USC Sections 844(i) and 2)
The Grand Jury further charges that
142 The allegations contained in paragraphs 1-16and 18-102 ofthls Indictmentare reo
alleged and hereby incorporated by reference as if fully set forth herein
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38
143 On or about August 10and II 2008 in the Northern District of Ohio Western
Division TAREK ELKAFRAWIand JOSE LEON-GONZALEZ maliciously damaged bymeans
of fire and explosivematerialsa buildinglocated at 7777 Countymiddot Road 136 Findlay Ohio used
in interstatecommerce
In violation of Title 18 UnitedStates Code Sections 844(i) and 2
coUNtS 0-28
(Mail FraudTitle] 8 USCSection 1341)
The Grand Jury furthercharges that
144 The allegations containedin paragraphs 1-16and I8-102 of this lndictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
145 Fromapproximately the month of July 2008 the exact date unknownto the Grand
Jury through On or about October 27 2009 in the Northern District of Ohio Western Division
and elsewhereTAREK ELKAFRAWI devisedand intended to devise 8 scheme and artifice to
defraudFarmers InsW1J1ce Group and to obtain moneyand property by meansof false and
fraudulent pretenses representations and promises
146 It was part of the schemeand artificeto defraud that TAREK ELKAFRAWI would
submit traudulent invoices to FarmersInsuranceGroup under PolicyNumber 602926772 for
work that was not performed or performed at a lower invoice
147It was a furtherpart of the scheme and artifice that TAREK ELKAFRAWI submitted
claims forpayroll costs that were completely illusorybecause the requested claimswere for
periods the restaurant was closed and had no employees
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39
148 It was a furtherpart of the sc erne and artifice that all checks were sent directly to
TAREKELKAFRAWI at the Terry Elk G~OUP not the Findlay lHOP
149On or about each of the dates bet forth below in the Northern District of Ohio
Western Division and elsewhere for the Jurpose of executing and attempting to execute the
above described scheme and artifice to delud TAREK ELKAFRAWI knowinglycaused to be
placed into any post office or authorized dlpository for mail matterany matter or thing to be sentI
and dellvered by the US Postal Service Jd caused to be deposited any matter to be sent or
delivered by private and commercial inters~te carrier the following matter from the state of
Illinois to Toledo Ohio each mailingcon~itUting a separate count
October 17 2008
October22 2008
January 262009
October21 2009
September22 2008
January 26 2009
SENDER
Fanners Insurance
Farmers Insurance
Farmers Insurance
Farmers Insurance
FarmersInsurance
Farmers Inswance
CO 20
M61LMAmR
$S5947S 1check to Terry Elk Group
21
I $45581367 check to Terry Elk Group
~ I $24444302 check to Terry Elk Group
~ I $2262384 check to Terry Elk Group
bOUNTM
I $2500000 check to Terry Elk Croup
~ $15684795 check to Terry Elk Group
PAGE 1015WTOL NEWS05232012 1149 4192447104
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40
COUNT 26
October ~ I 2009 Farmers Insurance $4285205 check to Terry Elk Group
COUNT 27
February 172009 Farmers Insurance $20867200check to Terry Elk Group
COUNT 21
October 27 2009 FarmersInsurance $15226400 check to Terry Elk Group
All in violationofTitle 18 United States Code Section 1341
COUNT 29
(Aggravated IdentityTheft Title 18 USC Section 1028A and 2)
The OrandJury furthercharges that
ISO The allegations contained in paragraphs 1-16and 18~102 of this Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
J51 Onorabout October9 2007 in the Northem District of9hlo Western Division
TAREK ELKAFRAWI did knowinglyuse without lawftllauthority a means of identification of
another personduring and in relation to the commission ofWire Fraud a violation ofride 18
United States Code Section 1343
In violation of Title 18 United States Code Sections I028A(a)(1) and 2
CQVNT30
(Aggravated Identity Theft T~tle is USC Section l028A and 2)
The Grand Jury further charges that
152 The allegations eontained in paragraphs 1-16 and 18-102 of this Indictment are reshy
alleged and hereby incorporated by reference as if fully set forth herein
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41
153 On or about May 192008 in the Northern District of Ohio Western Division
TAREK ELKAFRAWIdid knowingly use without lawfulauthoritya means of identification of
another personduringand in relation to the commission of Wire Fraud a violation ofTitle 1g
United StatesCodeSection I~43
In violation of TitJe J8 UnitedStates Code Sections 1028A(a)(I) and 2
COUNT31
(Aggravated IdentityTheftTitle 18USC Section J028A and 2)
The Orand Jury furthercharges that
154 The allegations contained in paragraphs 1-l6- and 18middot102 of this Indictment are reshy
alleged and herebyincorporated by reference as if fully set forth herein
155 On or aboutJuly 132Q09 in the Northern District of Ohio Western Division
TAREK ELKAFRAWIj did knowingly use without lawfuJ authority a means of identification of
another personduring and in relation to the commission of Wire Fraud a violation of Title 18
United StatesCodeSection 1343
In violationofTitle 18 United States Code Sections 1028A(aXl) and 2
COlNT32
(Aggravated IdentityTheft Title 18USC Sectlon J028A and 2)
The Grand Jury furthercharges that
J56 Theallegations contained in paragraphs1-16and 184 J02 of this Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
157On or about May3l 2009 in theNorthern Districtof Ohio Western Division
TAREK ELKAFRAWI did knOWingly use without lawful authoritya means of identification of
OS232012 1149 4192447104 WTOL NEWS
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42
another person during and in relation to the commission of Wire Fraud a violation of Title 18
United States Code Section 1343
In violation ofTitle 18 United States Code Sections 1028A(a)(I) and 2
COUNT 33
(Aggravated Identity Theft Title 18 UsC Section l028A and 2)
The GrandJury further charges that
138 The allegationscontainedin paragraphs 1-16 and 18-]02 of this Indictment are reshy
alleged and herebyincorporated by reference as if fullyset forth herein
159 On or about October 22008 in the Northern District of Ohio Westem Division
TAREK ELKAFRAWI did knowingly use without lawfulauthority a means of identification of
another personduring and in relation to the commission of Wire Fraud a violationof Title 18
United States Code Section 1343
In violationof TItle ]8 United States Code Sections 1028A(a)(I) and 2
CQVNT34 (Aggravated IdentityTheft Title 18 USC Section 1028A and 2)
The Grand Jury furtherchargesthat
160 The allegationscontained in paragraphs 1-16and 18-102ofthis Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
16t Onor about January27 2008 in the Northern District of Ohio WesternDivision
TAREK ELKAFRAWI did knowinglyuse without lawfulauthority a means of identification of
anotherpersonduringand in relation to the commissionofWire Fraud a violation ofTitJe 18
United States Code Section 1343
In violation of Title 18United States Code Sections l028A(a)(1) and 2
I I
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43
COUNT 35 (AggravatedIdentityTheft Title 18USC Section 1028A and 2)
The Grand Jury further charges that
162The allegations contained in paragraphs I-16 and 18-102 of this Indictment are reshy
alleged and herebyincorporated by reference as jf fully set forth herein
163On or about March 72009 in the NorthernDistrict of Ohio Western Division
TAREK ELKAFRAWI and KHALED YOUSEF did knowinglyuse without lawful authority a
means of identification of another personduringand in relation to the commission of Wire Fraud
a violation of Title 18 United States Code Section 1343
In violationof Title 18 United States Code Sections 1028A(a)(1)and 2
COUNT 36
(Aggravated IdentityTheft Title 18 USC Section 1028Aand 2)
The GrandJury further charges that
164 The allegations contained in paragraphs 1-16 and 18-102 of this Indictmentare reshy
allegedand hereby incorporated byreferenceas if fully set forth herein
16S On or about March tS 2009 in the Northern District of Ohio Western Division
TAREK ELKAFRAWI and KHALED YOUSEF did knowinglyuse without lawful authority a
means of identification of another person duringand in relation to the commission of WireFraud
a violation of Title 18United States Code Section 1343
In violation ofTitle 18United States Code Sections l028A(a)(1) and 2
~~~~2012 1149 4192447104 wloe NEWS
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44
COUNT 37
(Aggravated Identity The~ Title 18 USC Section l028A and 2)
The GrandJury further charges that
166 Theallegations contained in paragraphs 1-16 and 18-] 02 of this Indictment are reshy
alleged and hereby incorporated byreference as if fully set forth herein
167 On or aboutJuly 21 2009 in the Northern District of Ohio Western Division
TAREK ELKAfRAWI and RAMIZAWWAO did knowingly use without lawful authority a
means of identification of anotherperson duringand in relation to the commission of WireFraud
a violation of Title 18United States Code Section 1343
In violation ofTitle 18 UnitedStates Code Sections l028A(a)(1) and 2
cOUNT38
(Aggravated Identity TheftTitle 18 USC Section 1028A and 2)
The Grand Juryfurthercharges that
168Theallegations contained in paragraphs 1-16 and t8-102 of this Indictment are reshy
alleged and hereby incorporated by reference 8S if fully set forth herein
169 On or about July 132009 in the NorthernDistrict ofOhio WesternDivision
TAREK ELKAFRAWIand IAMIL MOHAMMED AWWAD did knowingly use withoutlawful
authority a meansof identification of another person during and in relation to the commission of
Wire Fraud a violation ofTitle 18 United States Code Section 1343
In violation of Title 18 United States CodeSections l028A(a)(1) and 2
11 4l 41 l~44 IUl4 WIUL NIWl
Case 312-cr-00262-DAK Doc 1 Filed 0522112 45 of 65 PagelD 45
45
COUNT 39
(Identity Theftt Title 18 USC Sections 1028 and 2)
The Grand Jury further charges that
170 The allegationscontained in paragraphs 1-16 and 18-102 of this Indictment are reshy
alleged and hereby incorporated by reference as if fully set forth herein
171 On or about December132010 in the Northern District orOhio Western Division
TAREKELKAFRAWI and DONNA J HARRIOTTt did knowingly use in or affectinginterstate
or foreigncommerce without lawful authority a means of identification ofanother person to wit
s social securitynumber and date of birth with the intent to commit or to aid or abet or in
connectionwith any unlawful activitythat constitutes Wire Fraud 8 violation of 18USC
sect1343 and the offense involved the useof an authentication feature that is or appears to be an
identification document or authentication feature issued by Or under the authority of the United
States
All in violation ofTitle 1St United States Code Sections 1028(a)() (b)(l )(A)(l) and (f)
and 2
COUNI40
(Identity Theft Title 18USCbull Sections 1028and 2)
TheGrand Juryfurther chargesthat
172The allegationscontained in paragraphs 1-16 and J8middot102 of this Indictment are reo
allegedand hereby incorporated by referenceas if fully set forth herein
173On or about May42010 in the Northern District ofOhio Western Division
TAREK ELKAFRAWI and SARA RINEBOLT did knowingly use in or affecting interstate or
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83 Under this scheme TAREK ELJltAFRAWI was essentiallyclaimingthe corporations
money for himself8Jld loaning it back to the businesswhilenot reporting the rebate money as
personal income This generated an additional unwarranted liability for the corporation receiving
the loan while TAREK ELKAFRAWI would take a personal loss on his taxesfor the unpaid
loan Thus the overall tax liability for the company and for TAREK ELKAFRAWI was
fraudulently lowered
Other Schemes to Defraud
84 Thebalance sheet was also affectedby claimingremodelingcosts as a liability instead
of an asset IHOP Corporatemandated that each restaurant be remodeled every five years Per
JHOP Corporate policy this costs a franchise approximately $70000 Under standard
accountingpractices this remodel should be considered an appreciation However TAREK
ELKAFRAWI regularly directed the accountants to claimthis expense as repair and
maintenance considered a liability
85 In September2010 ManagementServices the accountantsused by TAREK
ELKAFRAWI questioned a $40000 remodelingof the Evansville restaurant completedin 2007
TAREK ELKAFRAWI lied to the accountantsthat the $40000was a personal loan from a
businesspartner Management Services then issuedcheckstotaling $40000 to the business
partner TAREK ELKAFRAWI took these checks for his own purposes
86 TAREK ELKAFRAWI also used the restaurants to obtain loans that he would
otherwisenot beable to secure TAREK ELKAFRAWIapplied for loans using well-performing
IHOP restaurants as collateral for the loans then used those loans to pay for improvements on his
other (HOPrestaurants
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23
87 The improperbenefitreceived arose from the fact that each restaurant is an
independent corporation Knowing that certainIHOP restaurants such as Findlay would be
unable to securea loanTAREK ELKAFRAWIwould apply for a loan using a corporation for a
healthyrestaurant likeLima Once he hadsecured that loan he wouJd use the money on the
unqualified restaurant
88 Thusthe healthy restaurant wouJd cany a loss in the form of an outstanding loan on
its books lowering its tax liabilities while the other restaurantenjoyed the use of the loan
without having to report the transferof funds as profit
89 TAREKELKAFRAWI furtherusedschemes to transfer moneyobtained from IHOP
Corporate intended to benefitone restaurant to the use of another restaurant or directly to
himself
90 Forinstance advertising and marketing revenue would be used byTAREK
ELKAFRAWIand MK in a mannersimilar to the rebate checks In 2007 TAREK
ELKAFRAWIsubmitted a fraudulent invoicereflecting the purchase of an advertising sign for
CentrallHOP for$13500when in facthe only spent $3500 on the sign He receiveda check
fromIHOPCorporate for $13500and pocketed the difference TAREK ELiltAFRAWI
thereafterreported the remaining $ J0000 as a loan ftom officer and not taxable income
9Jbull TAREK ELKAFRAWI and MK also used the CentraliHOPs advertising budget
provided by li-fOP Corporate to pay for all of the northwest Ohio ]HOPs marketing They
would inflateCentrals invoice with the Invoices for the five other restaurantsand then send that
aggregate invoice to HOP Corporate
PAGE 091 505232012 1144 4192447104 WTOL NEWS
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24
MediearelWelfarerrax Fraud
92 TAREK ELKAFRAWI MK and TAREKEID OMAR together and separately
devised schemesto personaltycollectmedical and welfarebenefits for which they did not
qualifyand sanctioned employees to do so as well
93 Using an alternate identity MK split his salary between two paychecks creating a
lower reportableincomefor each identity Usingthese dual identities MK has to date claimed
approximately $140000 in Medicaid paymentsand $35000 in food stamps and welfare benefits
from the State of Ohio
94 To further these schemesTAREK ELKAFRAWI and MK created a false property
management companythrough which MK paid rent to TAREK ELKAFRAWI in order to
show less income BothTAREK ELKAFRAWIand MK created and submitted false payroll
checks and financial documentsto support the fraudulent claims
95 TAREK ELKAFRAWI and MK also sanctionedand encouraged employees to file
fraudulent claims KHALED YOUSEF TAREK EID O~ RAMIZ AWWAD and JAMIL
MOHAMMED AWWAD were told by TAREK ELKAFRAWI and MK how to minimizetheir
payrollearnings throughthe use of multipleidentities in order to claim benefits TAREK
ELKAFRAWI toldTAREK EID OMARto eitherstart fraudulently claiming welfare or quit
having children
96 These manipulations to income revenue and payroll were reflectedin erroneousand
fraudulent tax statements to the Internal RevenueService TAREK ELKAFRAW1 directed
accountants to file his personal and corporate lax returns based on this fraudulent information in
an attempt to minimize and obscure his true incomeand tax liabilities
PAGE 10 5WTOL NEWS4192447104OS232012 1144
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25
Money Laundering Schemes
97 Inorder to hideandconceal thesourceof the proceedsof the wire fraud schemes
TAREK ELKAFRAWI KELLY ELKAFRAWI MK and TAREK EID OMAR engaged in real
estatetransactions
98 TAREK ELKAFRAWI loaned TAREKEID OMARand previous Evansville mop
managers YS andAA approximately S50OOO to purchase a gas station in Evansville Indiana
usingfunds derived solely from TAREK ELKAFRAWrs rnop franchises
99 To conceal the source and nature of the funds used to purchasethe gas station located
at 600North Burkhardt Road Evansville Indiana TAREK ELKAFRAWI transferred
approximately SSOOOO to TAREK EIDOMAR Y S and AAwhich theyused to purchase the
gasstation
100Using laundered assets fromthe IHOP restaurants TAREK ELKAFRAWI and
KELLY ELKAFRAWI purchased homes at l0400 Tecumseh Drive Newburgh Indiana and
J4745 Prairie Lake Drive Toledo Ohio
101 Likewise MK purchased the following properties using funds from bankaccounts
in his various names 2510 Live Oak Road Sylvania Ohio 4027 Meadowgreen DriveSylvania
Ohio 7129 Sandy Springs Road Maumee Ohio and4837 SpringbrookDriveToledo Ohio
The funds were proceeds of the fraudulent schemes
102 Finally from 2004to the date of this indictment TAREK ELKAFRAWIsent
proceeds of fraudulent IHOP transactions overseas by carrying them on his person usingbank
acccunts ownedandcontrolled byTAREKEIDOMARand others knownto the Orand Juryand
using Western Union accounts operated by TAREK EIDOMARand SM (not charged in this
41 1pound44 (1~4 WIUL N~W~
Case 312-cr-00262~DAK Doc 1 Filed 0522112 26 of 65 PagelO 26
26
indictment) Those funds have been used in part to purchase real estate and to make investments
in Egypt
All in violation of Title 18 United States Code Section I956(h)
COVNTl
(Conspiracy to HarborAliens Title 8 UsC Sections t324(a)(l)(AXiii) and I324(a)(1)(AXv)(I)
The Orand Jury furthercharges that
I03 Paragraphs 1-16and 18-I02 are re-alleged and hereby incorporated by referenceas if
fully set forth herein
104 From at least as early as January2004 the exact date to the Grand Jury unknown
through at least December31 2011 in the Northern District of Ohio Western Division and
elsewhere the DefendantsTAREK ELKAFRAWI KELLY ELKAFRAWI AU11JMN LEE
TANGAS MK JOSE LEONmiddotGONZALEZ aka Jose Leon aka Jose Vargas aka Juan Vargas
aka Edwin MartelTAREK ElD OMAR CARLOS GAMBOA KHALED YOUSEF RAMIZ
AWWAD aka Ray JAMIL MOHAMMAD AWWAD KHALIL ABOUDAKKA MAHMOUD
ALI MOHAMED HASSANDONNAJ HARRIOIT LUCKY WILLIAMS and CESAR
AVILA did knowingly and intentionally combine conspire and confederate with each other and
with others known and unknown to the Grand Jury to conceal harbor and shield from detection
one or more aliens namely FJV-PJOSE LEON-GONZALEZ aka lose Leon aka Jose Vargas
aka Juan Vargas aka Edwin Martel MT-C C V V-A S L CESAR AVILA CARLOS
GAMBOAE M A M A G F G J LNU J LNU and approximately two hundred other
aliens known to the Grand Jury In several buildings including but not limited to the Perrysburg
PAGE 12 5WTOL NEWSOS232012 1144 4192447104
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27
Findlay Lima Airport Highway Central Talmadge and Evansville JHOPs as wellas 801 Hiltop
and 4020 RoyerRoad in ToledoOhio knowingand in recklessdisregard of the fact that the
aUen(s) had cometo entered and-remained in the United States In violation of law
A) 11 waspart of the conspiracy that the managers of (HOP restaurants
would hire undocumented aliens to workat the mops after clearingthe
hires with MK or TAREKELKAFRAWI
B) It was further part ofthe conspiracy that undocumented aliens would be
paid in cashuntil theyobtained fraudulent immigration and workdocuments
C) It was funher part of the conspiracy that co-conspirators sometimes would
assist the aliensin finding lodging and in cashing checksat the mop
or bankinginstitutions
D) It was further part oCthe conspiracy that undocumented aliens often would
be paid usinga fake name Or check name
E) It was further part of the conspiracy that the undocumented aliens sometimes
would be transported to other HOP restawant locations to work
F) It was further part ofthe conspiracy that co-conspirators sometimes would
assign to the undocumented aliens the socialsecurity numbers and personal identifierS of
former employees to shield the illegalworkers from discovery
All in violation of Title 8 United States Code Sections 1324(a)(l)(A)(iii) and
1324(a)(1 )(A)(v)(I)~
PAGE 13 5WTOL NEWSOS232012 1144 4192447104
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28
WVNTS3~7
(Mail Fraud Title 18USCbull Section 1341)
The Grand Jury furthercharges that
t OS The allegatiens contained in paragraphs Imiddot16 and 18middot02 of this Indictment are reo
allegedand hereby incorporated by referenceas if fully set forth herein
106 From on or about August 192003 to the dateof this Indictment in the Northern
District or OhioWestern Division and elsewhere TAREK ELKAFRAWI AUTUMNLEE
TANGAS andMK (not charged in this Indictment) devisedand intended to devise a scheme
and artifice to defraud IHOPCorporateand to obtain money and property by meansof materially
false and fraudulent pretensesrepresentations and promises
MANNER AND MEANS
107It waspart of the scheme that TAREK ELKAFRAWI through the use of the
MICROS system knew that sales were obtainedby IHOP Corporate on 8 weeklybasis through an
automatic remote uploading ofdata TAREK ELKAFRAWI knew that IHOP Corporateused the
weeklynet sales figures to determine the weeklyroyalty and rent amount owed byeach franchise
likewisehe knewthat IHOPCorporatedid not examine the weekly deductions from grosssales
that resulted in the net sales figures
108 In fact prior to 2004 TAREK ELKAFRAWI receivedregular IHOP Corporate
reviewsof the operating expensesand balancesheets that showed the costs deducted from gross
sales reflected in net sales After AUlUMN LEETANGAS became FBC in 2004 such thorough
PAGE 14 5WTOL NEWSOS232012 1144 4192447104
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29
reviews ceased entirely TAREKELKAFRAWI thereafter devised various schemesto
manipulate the MICROS system in order to create lower-than actual weekly net sales
109Onesuch schemewas to simply tum the MICROS system otT so sales werenot
recorded
110Additionally TAREK ELKAFRAWI instructed his lHOP managers to voidsales
entirelyor to givesignificant discounts to tickets after the ticket had been paid for by thecustomer
and closed
11 J Othercosts chargedagainst grosssales includedunit promotions contests
maintenance andpayouts for whichno documentation was provided In fact these were cash
distributions toTAREK ELKAFRAWI and other employees representingunreported income
112TAREK ELKAFRAWI also woulddeposit rebatecheeks from vendors into the
CentrallHOP account however he would direct his accountants to reflect the deposit as a loan
from officer rather than as incomefrom a rebate This fraudulent representation created an
additional debt on the balance sheet of Central JHOP thus giving the appearancethat the
restaurantwas encumbered with debt and operating expenses and not profitable
1t3 Asa result of these schemes TAREK ELKAFRAWI created the appearance through
his weeklysalesfigures that the CentrallHOP store wasseverely underperforming
114 SInce 2007 TAREK ELKAFRAWI with the help of AUruMN LEETANGAS
applied for rentand royalty reliefpayments from IHOPCorporate Based on the fraudulent
weeklynet sales reports and the annual recommendation of AUlUMN LEE TANOASTAREK
ELKAFRAWIreceived approximately $2300 a week in rentas well as royaltyrelief from HOP
Corporate to which he otherwisewJ not entitled
OS232012 1144 4192447104 WTOL NEWS PAGE 15 5
Case 312-cr-00262-DAK Doc 1 Filed 052212 30 of 65 pagelD 30
30
116 ThesereHefpayments werememorialized in annualcontractsamending the franchise
agreement for eachyear to retlect the newrelief payment agreement Thesecontracts were mailed
from mop Corporate headquarters in Glendale California to Toledo Ohio after the FBCand
RD memos were submitted and approved
117 Onor abouteach of the dates set forth below in the Northern District of Ohio
Western Division and elsewhere for the purpose of executing and attempting to execute the
abovedescribed scheme and artifice 10defraud DefendantsTAREK ELKAFRAWI and
AUTUMNLEE TANOAS knowingly caused to be placed into any post office or authorized
depository for mail matterany matteror thingto be sentand deliveredby the US Postal Service
and caused to be deposited any matterto be sent or delivered by privateand commercial interstate
carrier the following matterfrom Glendale California to Toledo Ohioeach mailing constituting
a separate count
COVNT3
~ SENDER MAJLMATIER
September 24 2007 IHOP Corporate mailing of Amended ReliefContract
COUNL4
June5 2008 IHOPCorporate mailing ofAmended ReliefContract
COUNTS
August 172009 lHOP Corporate mailing of Amended Relief Contract
CQUNT6
May 25 20)0 IHOP Corporate mailing of Amended Relief Contract
OS232012 1149 4192447104 WTOL NEWS PAGE 0115
Case 312-cr-00262-DAK Doc 1 Filed 052212 31 of 65 PagelD 31
31
COuNT 7
May 162011 IHOPCorporate mailing of Amended Relief Contract
All in violation ofTitle l8 United States Code Section 1341
COUNTS
(Health Care FraudTitle 18 USC Sections 1347and 2)
The Grand Jury further charges that
118The allegations contained in 1-16and 18-102of this Indictment are re-allegedand
herebyincorporated byreferenceas if fullyset forth herein
119Using the methodsdescribed in Paragraphs 60-78 TAREK ELKAFRAWr and
others known to the Orand Jury submitted fraudulent reports to BWe resulting in BWe
undercbarging the Airport Highway IHOP
120 From on or about June 4 2004 to the date of this Indictment in the NorthernDistrict
of Ohio Western Division and elsewhere TAREK ELKAFRAWI and others known to the
Orand Jury having devised and intendingto devise B scheme and artifice to defraud the Ohio
Bureauof Workers Compensation (BWe) a healthcare benefit program as defined in Title 18
United States CodeSection24(b) of money by means ofmateriaJly false representations and
promises that was and is in connectionwith the paymentfor health care benefits items IUId
services did knowingly and willfully execute the aforesaid scheme
In violation of Title 18 UnitedStates Code Sections 1347and 2
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COLlNT9
(Health Care FraudTitle 18 USC Sections 1347and 2)
The Orand Jury further charges that
121 The allegations contained in paragraphs )-16 and 18102 of this Indictmentare reo
alleged and herebyincorporatedby reference as if fully set forth herein
122 Using the methodsdescribed in Paragraphs60-78 TAREK ELKAFRAWI and
others known to the Orand Jury submitted fraudulent reports to Bureau of Workers Compensation
(BWC)resulting in BWe undercharging theTalmadge IHOP
123 From on or about June 4 2004 to the date of this Indictment in the Northem District
ofOhio Western Divisionand elsewhere TAREK ELKAFRAWI and others known to the
Grand Jury having devised and intendingto devisea scheme and artifice to defraud the Ohio
awe a health carebenefit program as defined in Title )8 t United States CodeSection 24(b) of
moneyby means of materially false representations and promises that was and is in connection
with the paymentfor health care benefits hems and services did knowinglyand willfullyexecute
theaforesaid scheme
In violation of Title 18 UnitedStatesCode Sections 1347 and 2
CQUNTlll
(Health Care FraudTitle 18USC Sections 1347and 2)
The Orand Jury further charges that
124 Theallegations contained in paragraphs 1-16 and 18-102 of this Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
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33
125 Using themethods described in Paragraphs 60-78 TAREK ELKAFRAWI and
others known to the OrandJury submitted fraudulent reports to BWC resulting in BWC
undercharging the Lima IHOP
126 From on or about August 31 2007 through the date of this Indictment in the
Northern District of Ohio Western Divisionand elsewhereTAREK BLKAFRAWIand others
known to the GrandJury havingdevisedand intendingto devise a scheme and artifice to defraud
the Ohio Bureau of Workers Compensation (BWe) a health care benefit program as defined in
Title 18 United StatesCode Section24(b) of money by means of materially false
representations and promises that wasand is in connection with the payment for health care
benefits items and services did knowingly and willfullyexecute the aforesaid scheme
In violationof Title 18UnitedStates Code Sections 1347and 2
COUNT 11
(Health Care Fraud Title 18 USC Sections 1347and 2)
The Grand Jury furtherchargesthat
127The allegations contained in paragraphs 1-16and 18-102of this Indictment are reshy
allegedand herebyincorporated by reference as if fully set forth herein
128 Using the methods described in Paragraphs60-78 TAREK ELKAFRAWI and
others known to the OrandJury submitted fraudulent reports to Bwe resulting in awe
undercharging the Findlay IHOP
129 From on or aboutMay 102004 through the date of this Indictment in the Northern
Districtof Ohio Western Division and elsewhere TAREK ELKAFRAWI and others knownto
theGrand Jury havingdevised and intending to devise a scheme and artifice to defraud the Ohio
Bureau of WorkersCompensation (BWe) a health care benefit program as defined in Title 18
4) lL44Hl4 WIUL NIW~
Case 312-cr-00262-DAK Doc 1 Filed 052212 34 of 65 PagelD 34
34
United StatesCode Section 24(b) of moneyby meansof materially false representations and
promises that wasand is in connection with the payment for healthcare benefits items and
services did knowingly and willfully execute the aforesaidscheme
In violation of Title 18 United States Code Sections 1347and 2
CoUNT12
(Health Care Fraud Title 18USC Sections 1347and 2)
The Orand Jut)I further charges that
130 The allegations contained in paragraphs Imiddot] 6 and 18-]02 of this Indictmentare reshy
alleged and hereby incorporated by reference as iffulJy set forth herein
13 l Usingthe methods described in Paragraphs 60-78 TAREK ELKAFRAWI and
others knownto the Orand Jury submitted fraudulent reports to BWe resulting in awe
undercharging the Central IHOP
132 From onor about February 28 2005 through the date of this Indictment in the
Northern Districtof Ohio Westem Division and elsewhere TAREKELKAFRAWI and others
known to the Grand Juryhavingdevisedand intending to devisea scheme and artifice to defraud
the Ohio Bureau of Workers Compensation (BWC) a health care benefitprogram as defined in
Title 18 United States CodeSection24(b) of money by means ofmaterially false
representations and promises that was and Is in connection with the paymentfor health care
benefits items and services did knowingly and willfully executethe aforesaid scheme
In vioJation of Title 18 United States Code Sections 1347and 2
41 I~4411~4 WIUL N~W~
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3S
COUNT 13
(HealthCare Fraud Title 18 USC Sections 1347 and 2)
The Grand Jury furtherchargesthat
133The allegationscontained in paragraphs 1middot16 and 18middot102 of this Indictment are reshy
alleged and herebyincorporated by reference 8$ if fullyset forth herein
134 Using the methodsdescribed in Paragraphs 6Q78 TAREK ELKAFRAWI and
others known to the GrandJury submitted fraudulent reports to awc resulting in awe
undercharging the Perrysburg JHOP
135 From on or about August 30 2005 through the date ofthis Indictment in the
Northern District of Ohio Western Division and elsewhere TAREK ELKAFRAWI and others
known to the GrandJury having devised and intending to devise a scheme and artifice to defraud
the Ohio Bureauof WorkersCompensation(BWC) a health care benefit program as defined in
Title 18 United States Code Section 24(b) of money by means of materially false
representations and promises that was and is in cenneetlon with the payment for health care
benefits items and services did knowinglyand willfullyexecute the aforesaid scheme
In violationofTitle 18United StatesCode Sections 1347 and 2
COUNTS 14-17
(Mail Fraud Title 18 USC Section J341)
The Grand Jury furthercharges that
136 The allegations containedin paragraphs 1-16 and 18middot102 of this Indictmentare reshy
alleged and hereby incorporatedby referenceas if fully set forth herein
131 Fromon or about January 30 20ll through on or about April 10201 I in the
Northern District of Ohio Western Division and elsewhere Defendants TAREK ELKAFRAWI
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36
and TAREK EIDOMARdevised and intended to devisea scheme and artifice to deframiddotud and to
obtain moneyfrom THOP Corporate by meansof materially false and fraudulent pretenses
representations and promises
MANNER AND MEANS
(t was part of the schemeand artifice that
]38 Using the methods described in Paragraphs 46-54 and 71-78 TAREK ELKAFRAWI
and TAREK EIDOMARmanipulated the SABLE Pointof Sale system to fraudulently report
debits and charges in order to hide the removal of cashdirectly from the Evansville IHOP
TAREK EID OMARat the direction of TAREKELKAFRAWI would then producea fraudulent
PampL report and mail it using the United States PostalService to provide that report to
Management Services in Wichita Falls Texas
139 Onor about each ofthe dates set forth below in the Northern District of Ohio
Western Division andelsewhere for the purpose ofexecutingand attempting to executethe
above described scheme and artifice to defraudTAREK ELKAFRAWI and TAREK EID OMAR
knowingly caused to be placed into any post office or authorized depository for mail matterany
matteror thingto besent and delivered by the US Postal Services and caused to be deposited any
matter to be sent or delivered by privateand commercial interstatecarrier the following matter
from Toledo Ohioand Evansville Indianato WichitaFallsTexas each mailingconstituting a
separate count
COUNT 14
Mm SENDER MAIL MAUER
January 302011 TAREK EID OMAR PampL report
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37
COUNT 15
February14 2011 TAREK BID OMAR PampL report
COUNT 16
March 28 20II TAREKEID OMAR PampL report
COUNT 17
April 102011 TAREK EJD OMAR PampL report
All in violation ofTitle 18UnitedStates Code Sections 341 and 2
COUNT 18
(Use of Fire to Commit a Felony Title 18 USC Sections 844(h) and 2)
TheGrand Jury further charges that
140The allegations contained in paragraphs 1-16 and 18-102 ofthis Indictmentarc reshy
alleged and hereby incorporatedby reference as if fully set forth herein
141On or about August 10 and II 2008 [n the Northern Districtof Ohio Westem
DivisionTAREK ELKAFRAWI and JOSE LEON-GONZALEZ knowingly used fire to commit
Mail Fraud a felony prosecutable in a court of the United States
In violation ofTitle 18 United States Code Sections 844(h) and 2
COUNTl2
(Malicious Use of Fire Title 18 USC Sections 844(i) and 2)
The Grand Jury further charges that
142 The allegations contained in paragraphs 1-16and 18-102 ofthls Indictmentare reo
alleged and hereby incorporated by reference as if fully set forth herein
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38
143 On or about August 10and II 2008 in the Northern District of Ohio Western
Division TAREK ELKAFRAWIand JOSE LEON-GONZALEZ maliciously damaged bymeans
of fire and explosivematerialsa buildinglocated at 7777 Countymiddot Road 136 Findlay Ohio used
in interstatecommerce
In violation of Title 18 UnitedStates Code Sections 844(i) and 2
coUNtS 0-28
(Mail FraudTitle] 8 USCSection 1341)
The Grand Jury furthercharges that
144 The allegations containedin paragraphs 1-16and I8-102 of this lndictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
145 Fromapproximately the month of July 2008 the exact date unknownto the Grand
Jury through On or about October 27 2009 in the Northern District of Ohio Western Division
and elsewhereTAREK ELKAFRAWI devisedand intended to devise 8 scheme and artifice to
defraudFarmers InsW1J1ce Group and to obtain moneyand property by meansof false and
fraudulent pretenses representations and promises
146 It was part of the schemeand artificeto defraud that TAREK ELKAFRAWI would
submit traudulent invoices to FarmersInsuranceGroup under PolicyNumber 602926772 for
work that was not performed or performed at a lower invoice
147It was a furtherpart of the scheme and artifice that TAREK ELKAFRAWI submitted
claims forpayroll costs that were completely illusorybecause the requested claimswere for
periods the restaurant was closed and had no employees
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39
148 It was a furtherpart of the sc erne and artifice that all checks were sent directly to
TAREKELKAFRAWI at the Terry Elk G~OUP not the Findlay lHOP
149On or about each of the dates bet forth below in the Northern District of Ohio
Western Division and elsewhere for the Jurpose of executing and attempting to execute the
above described scheme and artifice to delud TAREK ELKAFRAWI knowinglycaused to be
placed into any post office or authorized dlpository for mail matterany matter or thing to be sentI
and dellvered by the US Postal Service Jd caused to be deposited any matter to be sent or
delivered by private and commercial inters~te carrier the following matter from the state of
Illinois to Toledo Ohio each mailingcon~itUting a separate count
October 17 2008
October22 2008
January 262009
October21 2009
September22 2008
January 26 2009
SENDER
Fanners Insurance
Farmers Insurance
Farmers Insurance
Farmers Insurance
FarmersInsurance
Farmers Inswance
CO 20
M61LMAmR
$S5947S 1check to Terry Elk Group
21
I $45581367 check to Terry Elk Group
~ I $24444302 check to Terry Elk Group
~ I $2262384 check to Terry Elk Group
bOUNTM
I $2500000 check to Terry Elk Croup
~ $15684795 check to Terry Elk Group
PAGE 1015WTOL NEWS05232012 1149 4192447104
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40
COUNT 26
October ~ I 2009 Farmers Insurance $4285205 check to Terry Elk Group
COUNT 27
February 172009 Farmers Insurance $20867200check to Terry Elk Group
COUNT 21
October 27 2009 FarmersInsurance $15226400 check to Terry Elk Group
All in violationofTitle 18 United States Code Section 1341
COUNT 29
(Aggravated IdentityTheft Title 18 USC Section 1028A and 2)
The OrandJury furthercharges that
ISO The allegations contained in paragraphs 1-16and 18~102 of this Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
J51 Onorabout October9 2007 in the Northem District of9hlo Western Division
TAREK ELKAFRAWI did knowinglyuse without lawftllauthority a means of identification of
another personduring and in relation to the commission ofWire Fraud a violation ofride 18
United States Code Section 1343
In violation of Title 18 United States Code Sections I028A(a)(1) and 2
CQVNT30
(Aggravated Identity Theft T~tle is USC Section l028A and 2)
The Grand Jury further charges that
152 The allegations eontained in paragraphs 1-16 and 18-102 of this Indictment are reshy
alleged and hereby incorporated by reference as if fully set forth herein
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41
153 On or about May 192008 in the Northern District of Ohio Western Division
TAREK ELKAFRAWIdid knowingly use without lawfulauthoritya means of identification of
another personduringand in relation to the commission of Wire Fraud a violation ofTitle 1g
United StatesCodeSection I~43
In violation of TitJe J8 UnitedStates Code Sections 1028A(a)(I) and 2
COUNT31
(Aggravated IdentityTheftTitle 18USC Section J028A and 2)
The Orand Jury furthercharges that
154 The allegations contained in paragraphs 1-l6- and 18middot102 of this Indictment are reshy
alleged and herebyincorporated by reference as if fully set forth herein
155 On or aboutJuly 132Q09 in the Northern District of Ohio Western Division
TAREK ELKAFRAWIj did knowingly use without lawfuJ authority a means of identification of
another personduring and in relation to the commission of Wire Fraud a violation of Title 18
United StatesCodeSection 1343
In violationofTitle 18 United States Code Sections 1028A(aXl) and 2
COlNT32
(Aggravated IdentityTheft Title 18USC Sectlon J028A and 2)
The Grand Jury furthercharges that
J56 Theallegations contained in paragraphs1-16and 184 J02 of this Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
157On or about May3l 2009 in theNorthern Districtof Ohio Western Division
TAREK ELKAFRAWI did knOWingly use without lawful authoritya means of identification of
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42
another person during and in relation to the commission of Wire Fraud a violation of Title 18
United States Code Section 1343
In violation ofTitle 18 United States Code Sections 1028A(a)(I) and 2
COUNT 33
(Aggravated Identity Theft Title 18 UsC Section l028A and 2)
The GrandJury further charges that
138 The allegationscontainedin paragraphs 1-16 and 18-]02 of this Indictment are reshy
alleged and herebyincorporated by reference as if fullyset forth herein
159 On or about October 22008 in the Northern District of Ohio Westem Division
TAREK ELKAFRAWI did knowingly use without lawfulauthority a means of identification of
another personduring and in relation to the commission of Wire Fraud a violationof Title 18
United States Code Section 1343
In violationof TItle ]8 United States Code Sections 1028A(a)(I) and 2
CQVNT34 (Aggravated IdentityTheft Title 18 USC Section 1028A and 2)
The Grand Jury furtherchargesthat
160 The allegationscontained in paragraphs 1-16and 18-102ofthis Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
16t Onor about January27 2008 in the Northern District of Ohio WesternDivision
TAREK ELKAFRAWI did knowinglyuse without lawfulauthority a means of identification of
anotherpersonduringand in relation to the commissionofWire Fraud a violation ofTitJe 18
United States Code Section 1343
In violation of Title 18United States Code Sections l028A(a)(1) and 2
I I
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43
COUNT 35 (AggravatedIdentityTheft Title 18USC Section 1028A and 2)
The Grand Jury further charges that
162The allegations contained in paragraphs I-16 and 18-102 of this Indictment are reshy
alleged and herebyincorporated by reference as jf fully set forth herein
163On or about March 72009 in the NorthernDistrict of Ohio Western Division
TAREK ELKAFRAWI and KHALED YOUSEF did knowinglyuse without lawful authority a
means of identification of another personduringand in relation to the commission of Wire Fraud
a violation of Title 18 United States Code Section 1343
In violationof Title 18 United States Code Sections 1028A(a)(1)and 2
COUNT 36
(Aggravated IdentityTheft Title 18 USC Section 1028Aand 2)
The GrandJury further charges that
164 The allegations contained in paragraphs 1-16 and 18-102 of this Indictmentare reshy
allegedand hereby incorporated byreferenceas if fully set forth herein
16S On or about March tS 2009 in the Northern District of Ohio Western Division
TAREK ELKAFRAWI and KHALED YOUSEF did knowinglyuse without lawful authority a
means of identification of another person duringand in relation to the commission of WireFraud
a violation of Title 18United States Code Section 1343
In violation ofTitle 18United States Code Sections l028A(a)(1) and 2
~~~~2012 1149 4192447104 wloe NEWS
Case 312-cr-00262-0AK Doc 1 Filed 052212 44 of 65 PagelD 44
44
COUNT 37
(Aggravated Identity The~ Title 18 USC Section l028A and 2)
The GrandJury further charges that
166 Theallegations contained in paragraphs 1-16 and 18-] 02 of this Indictment are reshy
alleged and hereby incorporated byreference as if fully set forth herein
167 On or aboutJuly 21 2009 in the Northern District of Ohio Western Division
TAREK ELKAfRAWI and RAMIZAWWAO did knowingly use without lawful authority a
means of identification of anotherperson duringand in relation to the commission of WireFraud
a violation of Title 18United States Code Section 1343
In violation ofTitle 18 UnitedStates Code Sections l028A(a)(1) and 2
cOUNT38
(Aggravated Identity TheftTitle 18 USC Section 1028A and 2)
The Grand Juryfurthercharges that
168Theallegations contained in paragraphs 1-16 and t8-102 of this Indictment are reshy
alleged and hereby incorporated by reference 8S if fully set forth herein
169 On or about July 132009 in the NorthernDistrict ofOhio WesternDivision
TAREK ELKAFRAWIand IAMIL MOHAMMED AWWAD did knowingly use withoutlawful
authority a meansof identification of another person during and in relation to the commission of
Wire Fraud a violation ofTitle 18 United States Code Section 1343
In violation of Title 18 United States CodeSections l028A(a)(1) and 2
11 4l 41 l~44 IUl4 WIUL NIWl
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45
COUNT 39
(Identity Theftt Title 18 USC Sections 1028 and 2)
The Grand Jury further charges that
170 The allegationscontained in paragraphs 1-16 and 18-102 of this Indictment are reshy
alleged and hereby incorporated by reference as if fully set forth herein
171 On or about December132010 in the Northern District orOhio Western Division
TAREKELKAFRAWI and DONNA J HARRIOTTt did knowingly use in or affectinginterstate
or foreigncommerce without lawful authority a means of identification ofanother person to wit
s social securitynumber and date of birth with the intent to commit or to aid or abet or in
connectionwith any unlawful activitythat constitutes Wire Fraud 8 violation of 18USC
sect1343 and the offense involved the useof an authentication feature that is or appears to be an
identification document or authentication feature issued by Or under the authority of the United
States
All in violation ofTitle 1St United States Code Sections 1028(a)() (b)(l )(A)(l) and (f)
and 2
COUNI40
(Identity Theft Title 18USCbull Sections 1028and 2)
TheGrand Juryfurther chargesthat
172The allegationscontained in paragraphs 1-16 and J8middot102 of this Indictment are reo
allegedand hereby incorporated by referenceas if fully set forth herein
173On or about May42010 in the Northern District ofOhio Western Division
TAREK ELKAFRAWI and SARA RINEBOLT did knowingly use in or affecting interstate or
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87 The improperbenefitreceived arose from the fact that each restaurant is an
independent corporation Knowing that certainIHOP restaurants such as Findlay would be
unable to securea loanTAREK ELKAFRAWIwould apply for a loan using a corporation for a
healthyrestaurant likeLima Once he hadsecured that loan he wouJd use the money on the
unqualified restaurant
88 Thusthe healthy restaurant wouJd cany a loss in the form of an outstanding loan on
its books lowering its tax liabilities while the other restaurantenjoyed the use of the loan
without having to report the transferof funds as profit
89 TAREKELKAFRAWI furtherusedschemes to transfer moneyobtained from IHOP
Corporate intended to benefitone restaurant to the use of another restaurant or directly to
himself
90 Forinstance advertising and marketing revenue would be used byTAREK
ELKAFRAWIand MK in a mannersimilar to the rebate checks In 2007 TAREK
ELKAFRAWIsubmitted a fraudulent invoicereflecting the purchase of an advertising sign for
CentrallHOP for$13500when in facthe only spent $3500 on the sign He receiveda check
fromIHOPCorporate for $13500and pocketed the difference TAREK ELiltAFRAWI
thereafterreported the remaining $ J0000 as a loan ftom officer and not taxable income
9Jbull TAREK ELKAFRAWI and MK also used the CentraliHOPs advertising budget
provided by li-fOP Corporate to pay for all of the northwest Ohio ]HOPs marketing They
would inflateCentrals invoice with the Invoices for the five other restaurantsand then send that
aggregate invoice to HOP Corporate
PAGE 091 505232012 1144 4192447104 WTOL NEWS
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24
MediearelWelfarerrax Fraud
92 TAREK ELKAFRAWI MK and TAREKEID OMAR together and separately
devised schemesto personaltycollectmedical and welfarebenefits for which they did not
qualifyand sanctioned employees to do so as well
93 Using an alternate identity MK split his salary between two paychecks creating a
lower reportableincomefor each identity Usingthese dual identities MK has to date claimed
approximately $140000 in Medicaid paymentsand $35000 in food stamps and welfare benefits
from the State of Ohio
94 To further these schemesTAREK ELKAFRAWI and MK created a false property
management companythrough which MK paid rent to TAREK ELKAFRAWI in order to
show less income BothTAREK ELKAFRAWIand MK created and submitted false payroll
checks and financial documentsto support the fraudulent claims
95 TAREK ELKAFRAWI and MK also sanctionedand encouraged employees to file
fraudulent claims KHALED YOUSEF TAREK EID O~ RAMIZ AWWAD and JAMIL
MOHAMMED AWWAD were told by TAREK ELKAFRAWI and MK how to minimizetheir
payrollearnings throughthe use of multipleidentities in order to claim benefits TAREK
ELKAFRAWI toldTAREK EID OMARto eitherstart fraudulently claiming welfare or quit
having children
96 These manipulations to income revenue and payroll were reflectedin erroneousand
fraudulent tax statements to the Internal RevenueService TAREK ELKAFRAW1 directed
accountants to file his personal and corporate lax returns based on this fraudulent information in
an attempt to minimize and obscure his true incomeand tax liabilities
PAGE 10 5WTOL NEWS4192447104OS232012 1144
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25
Money Laundering Schemes
97 Inorder to hideandconceal thesourceof the proceedsof the wire fraud schemes
TAREK ELKAFRAWI KELLY ELKAFRAWI MK and TAREK EID OMAR engaged in real
estatetransactions
98 TAREK ELKAFRAWI loaned TAREKEID OMARand previous Evansville mop
managers YS andAA approximately S50OOO to purchase a gas station in Evansville Indiana
usingfunds derived solely from TAREK ELKAFRAWrs rnop franchises
99 To conceal the source and nature of the funds used to purchasethe gas station located
at 600North Burkhardt Road Evansville Indiana TAREK ELKAFRAWI transferred
approximately SSOOOO to TAREK EIDOMAR Y S and AAwhich theyused to purchase the
gasstation
100Using laundered assets fromthe IHOP restaurants TAREK ELKAFRAWI and
KELLY ELKAFRAWI purchased homes at l0400 Tecumseh Drive Newburgh Indiana and
J4745 Prairie Lake Drive Toledo Ohio
101 Likewise MK purchased the following properties using funds from bankaccounts
in his various names 2510 Live Oak Road Sylvania Ohio 4027 Meadowgreen DriveSylvania
Ohio 7129 Sandy Springs Road Maumee Ohio and4837 SpringbrookDriveToledo Ohio
The funds were proceeds of the fraudulent schemes
102 Finally from 2004to the date of this indictment TAREK ELKAFRAWIsent
proceeds of fraudulent IHOP transactions overseas by carrying them on his person usingbank
acccunts ownedandcontrolled byTAREKEIDOMARand others knownto the Orand Juryand
using Western Union accounts operated by TAREK EIDOMARand SM (not charged in this
41 1pound44 (1~4 WIUL N~W~
Case 312-cr-00262~DAK Doc 1 Filed 0522112 26 of 65 PagelO 26
26
indictment) Those funds have been used in part to purchase real estate and to make investments
in Egypt
All in violation of Title 18 United States Code Section I956(h)
COVNTl
(Conspiracy to HarborAliens Title 8 UsC Sections t324(a)(l)(AXiii) and I324(a)(1)(AXv)(I)
The Orand Jury furthercharges that
I03 Paragraphs 1-16and 18-I02 are re-alleged and hereby incorporated by referenceas if
fully set forth herein
104 From at least as early as January2004 the exact date to the Grand Jury unknown
through at least December31 2011 in the Northern District of Ohio Western Division and
elsewhere the DefendantsTAREK ELKAFRAWI KELLY ELKAFRAWI AU11JMN LEE
TANGAS MK JOSE LEONmiddotGONZALEZ aka Jose Leon aka Jose Vargas aka Juan Vargas
aka Edwin MartelTAREK ElD OMAR CARLOS GAMBOA KHALED YOUSEF RAMIZ
AWWAD aka Ray JAMIL MOHAMMAD AWWAD KHALIL ABOUDAKKA MAHMOUD
ALI MOHAMED HASSANDONNAJ HARRIOIT LUCKY WILLIAMS and CESAR
AVILA did knowingly and intentionally combine conspire and confederate with each other and
with others known and unknown to the Grand Jury to conceal harbor and shield from detection
one or more aliens namely FJV-PJOSE LEON-GONZALEZ aka lose Leon aka Jose Vargas
aka Juan Vargas aka Edwin Martel MT-C C V V-A S L CESAR AVILA CARLOS
GAMBOAE M A M A G F G J LNU J LNU and approximately two hundred other
aliens known to the Grand Jury In several buildings including but not limited to the Perrysburg
PAGE 12 5WTOL NEWSOS232012 1144 4192447104
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27
Findlay Lima Airport Highway Central Talmadge and Evansville JHOPs as wellas 801 Hiltop
and 4020 RoyerRoad in ToledoOhio knowingand in recklessdisregard of the fact that the
aUen(s) had cometo entered and-remained in the United States In violation of law
A) 11 waspart of the conspiracy that the managers of (HOP restaurants
would hire undocumented aliens to workat the mops after clearingthe
hires with MK or TAREKELKAFRAWI
B) It was further part ofthe conspiracy that undocumented aliens would be
paid in cashuntil theyobtained fraudulent immigration and workdocuments
C) It was funher part of the conspiracy that co-conspirators sometimes would
assist the aliensin finding lodging and in cashing checksat the mop
or bankinginstitutions
D) It was further part oCthe conspiracy that undocumented aliens often would
be paid usinga fake name Or check name
E) It was further part of the conspiracy that the undocumented aliens sometimes
would be transported to other HOP restawant locations to work
F) It was further part ofthe conspiracy that co-conspirators sometimes would
assign to the undocumented aliens the socialsecurity numbers and personal identifierS of
former employees to shield the illegalworkers from discovery
All in violation of Title 8 United States Code Sections 1324(a)(l)(A)(iii) and
1324(a)(1 )(A)(v)(I)~
PAGE 13 5WTOL NEWSOS232012 1144 4192447104
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28
WVNTS3~7
(Mail Fraud Title 18USCbull Section 1341)
The Grand Jury furthercharges that
t OS The allegatiens contained in paragraphs Imiddot16 and 18middot02 of this Indictment are reo
allegedand hereby incorporated by referenceas if fully set forth herein
106 From on or about August 192003 to the dateof this Indictment in the Northern
District or OhioWestern Division and elsewhere TAREK ELKAFRAWI AUTUMNLEE
TANGAS andMK (not charged in this Indictment) devisedand intended to devise a scheme
and artifice to defraud IHOPCorporateand to obtain money and property by meansof materially
false and fraudulent pretensesrepresentations and promises
MANNER AND MEANS
107It waspart of the scheme that TAREK ELKAFRAWI through the use of the
MICROS system knew that sales were obtainedby IHOP Corporate on 8 weeklybasis through an
automatic remote uploading ofdata TAREK ELKAFRAWI knew that IHOP Corporateused the
weeklynet sales figures to determine the weeklyroyalty and rent amount owed byeach franchise
likewisehe knewthat IHOPCorporatedid not examine the weekly deductions from grosssales
that resulted in the net sales figures
108 In fact prior to 2004 TAREK ELKAFRAWI receivedregular IHOP Corporate
reviewsof the operating expensesand balancesheets that showed the costs deducted from gross
sales reflected in net sales After AUlUMN LEETANGAS became FBC in 2004 such thorough
PAGE 14 5WTOL NEWSOS232012 1144 4192447104
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29
reviews ceased entirely TAREKELKAFRAWI thereafter devised various schemesto
manipulate the MICROS system in order to create lower-than actual weekly net sales
109Onesuch schemewas to simply tum the MICROS system otT so sales werenot
recorded
110Additionally TAREK ELKAFRAWI instructed his lHOP managers to voidsales
entirelyor to givesignificant discounts to tickets after the ticket had been paid for by thecustomer
and closed
11 J Othercosts chargedagainst grosssales includedunit promotions contests
maintenance andpayouts for whichno documentation was provided In fact these were cash
distributions toTAREK ELKAFRAWI and other employees representingunreported income
112TAREK ELKAFRAWI also woulddeposit rebatecheeks from vendors into the
CentrallHOP account however he would direct his accountants to reflect the deposit as a loan
from officer rather than as incomefrom a rebate This fraudulent representation created an
additional debt on the balance sheet of Central JHOP thus giving the appearancethat the
restaurantwas encumbered with debt and operating expenses and not profitable
1t3 Asa result of these schemes TAREK ELKAFRAWI created the appearance through
his weeklysalesfigures that the CentrallHOP store wasseverely underperforming
114 SInce 2007 TAREK ELKAFRAWI with the help of AUruMN LEETANGAS
applied for rentand royalty reliefpayments from IHOPCorporate Based on the fraudulent
weeklynet sales reports and the annual recommendation of AUlUMN LEE TANOASTAREK
ELKAFRAWIreceived approximately $2300 a week in rentas well as royaltyrelief from HOP
Corporate to which he otherwisewJ not entitled
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116 ThesereHefpayments werememorialized in annualcontractsamending the franchise
agreement for eachyear to retlect the newrelief payment agreement Thesecontracts were mailed
from mop Corporate headquarters in Glendale California to Toledo Ohio after the FBCand
RD memos were submitted and approved
117 Onor abouteach of the dates set forth below in the Northern District of Ohio
Western Division and elsewhere for the purpose of executing and attempting to execute the
abovedescribed scheme and artifice 10defraud DefendantsTAREK ELKAFRAWI and
AUTUMNLEE TANOAS knowingly caused to be placed into any post office or authorized
depository for mail matterany matteror thingto be sentand deliveredby the US Postal Service
and caused to be deposited any matterto be sent or delivered by privateand commercial interstate
carrier the following matterfrom Glendale California to Toledo Ohioeach mailing constituting
a separate count
COVNT3
~ SENDER MAJLMATIER
September 24 2007 IHOP Corporate mailing of Amended ReliefContract
COUNL4
June5 2008 IHOPCorporate mailing ofAmended ReliefContract
COUNTS
August 172009 lHOP Corporate mailing of Amended Relief Contract
CQUNT6
May 25 20)0 IHOP Corporate mailing of Amended Relief Contract
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31
COuNT 7
May 162011 IHOPCorporate mailing of Amended Relief Contract
All in violation ofTitle l8 United States Code Section 1341
COUNTS
(Health Care FraudTitle 18 USC Sections 1347and 2)
The Grand Jury further charges that
118The allegations contained in 1-16and 18-102of this Indictment are re-allegedand
herebyincorporated byreferenceas if fullyset forth herein
119Using the methodsdescribed in Paragraphs 60-78 TAREK ELKAFRAWr and
others known to the Orand Jury submitted fraudulent reports to BWe resulting in BWe
undercbarging the Airport Highway IHOP
120 From on or about June 4 2004 to the date of this Indictment in the NorthernDistrict
of Ohio Western Division and elsewhere TAREK ELKAFRAWI and others known to the
Orand Jury having devised and intendingto devise B scheme and artifice to defraud the Ohio
Bureauof Workers Compensation (BWe) a healthcare benefit program as defined in Title 18
United States CodeSection24(b) of money by means ofmateriaJly false representations and
promises that was and is in connectionwith the paymentfor health care benefits items IUId
services did knowingly and willfully execute the aforesaid scheme
In violation of Title 18 UnitedStates Code Sections 1347and 2
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COLlNT9
(Health Care FraudTitle 18 USC Sections 1347and 2)
The Orand Jury further charges that
121 The allegations contained in paragraphs )-16 and 18102 of this Indictmentare reo
alleged and herebyincorporatedby reference as if fully set forth herein
122 Using the methodsdescribed in Paragraphs60-78 TAREK ELKAFRAWI and
others known to the Orand Jury submitted fraudulent reports to Bureau of Workers Compensation
(BWC)resulting in BWe undercharging theTalmadge IHOP
123 From on or about June 4 2004 to the date of this Indictment in the Northem District
ofOhio Western Divisionand elsewhere TAREK ELKAFRAWI and others known to the
Grand Jury having devised and intendingto devisea scheme and artifice to defraud the Ohio
awe a health carebenefit program as defined in Title )8 t United States CodeSection 24(b) of
moneyby means of materially false representations and promises that was and is in connection
with the paymentfor health care benefits hems and services did knowinglyand willfullyexecute
theaforesaid scheme
In violation of Title 18 UnitedStatesCode Sections 1347 and 2
CQUNTlll
(Health Care FraudTitle 18USC Sections 1347and 2)
The Orand Jury further charges that
124 Theallegations contained in paragraphs 1-16 and 18-102 of this Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
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33
125 Using themethods described in Paragraphs 60-78 TAREK ELKAFRAWI and
others known to the OrandJury submitted fraudulent reports to BWC resulting in BWC
undercharging the Lima IHOP
126 From on or about August 31 2007 through the date of this Indictment in the
Northern District of Ohio Western Divisionand elsewhereTAREK BLKAFRAWIand others
known to the GrandJury havingdevisedand intendingto devise a scheme and artifice to defraud
the Ohio Bureau of Workers Compensation (BWe) a health care benefit program as defined in
Title 18 United StatesCode Section24(b) of money by means of materially false
representations and promises that wasand is in connection with the payment for health care
benefits items and services did knowingly and willfullyexecute the aforesaid scheme
In violationof Title 18UnitedStates Code Sections 1347and 2
COUNT 11
(Health Care Fraud Title 18 USC Sections 1347and 2)
The Grand Jury furtherchargesthat
127The allegations contained in paragraphs 1-16and 18-102of this Indictment are reshy
allegedand herebyincorporated by reference as if fully set forth herein
128 Using the methods described in Paragraphs60-78 TAREK ELKAFRAWI and
others known to the OrandJury submitted fraudulent reports to Bwe resulting in awe
undercharging the Findlay IHOP
129 From on or aboutMay 102004 through the date of this Indictment in the Northern
Districtof Ohio Western Division and elsewhere TAREK ELKAFRAWI and others knownto
theGrand Jury havingdevised and intending to devise a scheme and artifice to defraud the Ohio
Bureau of WorkersCompensation (BWe) a health care benefit program as defined in Title 18
4) lL44Hl4 WIUL NIW~
Case 312-cr-00262-DAK Doc 1 Filed 052212 34 of 65 PagelD 34
34
United StatesCode Section 24(b) of moneyby meansof materially false representations and
promises that wasand is in connection with the payment for healthcare benefits items and
services did knowingly and willfully execute the aforesaidscheme
In violation of Title 18 United States Code Sections 1347and 2
CoUNT12
(Health Care Fraud Title 18USC Sections 1347and 2)
The Orand Jut)I further charges that
130 The allegations contained in paragraphs Imiddot] 6 and 18-]02 of this Indictmentare reshy
alleged and hereby incorporated by reference as iffulJy set forth herein
13 l Usingthe methods described in Paragraphs 60-78 TAREK ELKAFRAWI and
others knownto the Orand Jury submitted fraudulent reports to BWe resulting in awe
undercharging the Central IHOP
132 From onor about February 28 2005 through the date of this Indictment in the
Northern Districtof Ohio Westem Division and elsewhere TAREKELKAFRAWI and others
known to the Grand Juryhavingdevisedand intending to devisea scheme and artifice to defraud
the Ohio Bureau of Workers Compensation (BWC) a health care benefitprogram as defined in
Title 18 United States CodeSection24(b) of money by means ofmaterially false
representations and promises that was and Is in connection with the paymentfor health care
benefits items and services did knowingly and willfully executethe aforesaid scheme
In vioJation of Title 18 United States Code Sections 1347and 2
41 I~4411~4 WIUL N~W~
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3S
COUNT 13
(HealthCare Fraud Title 18 USC Sections 1347 and 2)
The Grand Jury furtherchargesthat
133The allegationscontained in paragraphs 1middot16 and 18middot102 of this Indictment are reshy
alleged and herebyincorporated by reference 8$ if fullyset forth herein
134 Using the methodsdescribed in Paragraphs 6Q78 TAREK ELKAFRAWI and
others known to the GrandJury submitted fraudulent reports to awc resulting in awe
undercharging the Perrysburg JHOP
135 From on or about August 30 2005 through the date ofthis Indictment in the
Northern District of Ohio Western Division and elsewhere TAREK ELKAFRAWI and others
known to the GrandJury having devised and intending to devise a scheme and artifice to defraud
the Ohio Bureauof WorkersCompensation(BWC) a health care benefit program as defined in
Title 18 United States Code Section 24(b) of money by means of materially false
representations and promises that was and is in cenneetlon with the payment for health care
benefits items and services did knowinglyand willfullyexecute the aforesaid scheme
In violationofTitle 18United StatesCode Sections 1347 and 2
COUNTS 14-17
(Mail Fraud Title 18 USC Section J341)
The Grand Jury furthercharges that
136 The allegations containedin paragraphs 1-16 and 18middot102 of this Indictmentare reshy
alleged and hereby incorporatedby referenceas if fully set forth herein
131 Fromon or about January 30 20ll through on or about April 10201 I in the
Northern District of Ohio Western Division and elsewhere Defendants TAREK ELKAFRAWI
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36
and TAREK EIDOMARdevised and intended to devisea scheme and artifice to deframiddotud and to
obtain moneyfrom THOP Corporate by meansof materially false and fraudulent pretenses
representations and promises
MANNER AND MEANS
(t was part of the schemeand artifice that
]38 Using the methods described in Paragraphs 46-54 and 71-78 TAREK ELKAFRAWI
and TAREK EIDOMARmanipulated the SABLE Pointof Sale system to fraudulently report
debits and charges in order to hide the removal of cashdirectly from the Evansville IHOP
TAREK EID OMARat the direction of TAREKELKAFRAWI would then producea fraudulent
PampL report and mail it using the United States PostalService to provide that report to
Management Services in Wichita Falls Texas
139 Onor about each ofthe dates set forth below in the Northern District of Ohio
Western Division andelsewhere for the purpose ofexecutingand attempting to executethe
above described scheme and artifice to defraudTAREK ELKAFRAWI and TAREK EID OMAR
knowingly caused to be placed into any post office or authorized depository for mail matterany
matteror thingto besent and delivered by the US Postal Services and caused to be deposited any
matter to be sent or delivered by privateand commercial interstatecarrier the following matter
from Toledo Ohioand Evansville Indianato WichitaFallsTexas each mailingconstituting a
separate count
COUNT 14
Mm SENDER MAIL MAUER
January 302011 TAREK EID OMAR PampL report
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37
COUNT 15
February14 2011 TAREK BID OMAR PampL report
COUNT 16
March 28 20II TAREKEID OMAR PampL report
COUNT 17
April 102011 TAREK EJD OMAR PampL report
All in violation ofTitle 18UnitedStates Code Sections 341 and 2
COUNT 18
(Use of Fire to Commit a Felony Title 18 USC Sections 844(h) and 2)
TheGrand Jury further charges that
140The allegations contained in paragraphs 1-16 and 18-102 ofthis Indictmentarc reshy
alleged and hereby incorporatedby reference as if fully set forth herein
141On or about August 10 and II 2008 [n the Northern Districtof Ohio Westem
DivisionTAREK ELKAFRAWI and JOSE LEON-GONZALEZ knowingly used fire to commit
Mail Fraud a felony prosecutable in a court of the United States
In violation ofTitle 18 United States Code Sections 844(h) and 2
COUNTl2
(Malicious Use of Fire Title 18 USC Sections 844(i) and 2)
The Grand Jury further charges that
142 The allegations contained in paragraphs 1-16and 18-102 ofthls Indictmentare reo
alleged and hereby incorporated by reference as if fully set forth herein
WTOL NEWS PAGE 0815OS232012 1149 4192447104
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38
143 On or about August 10and II 2008 in the Northern District of Ohio Western
Division TAREK ELKAFRAWIand JOSE LEON-GONZALEZ maliciously damaged bymeans
of fire and explosivematerialsa buildinglocated at 7777 Countymiddot Road 136 Findlay Ohio used
in interstatecommerce
In violation of Title 18 UnitedStates Code Sections 844(i) and 2
coUNtS 0-28
(Mail FraudTitle] 8 USCSection 1341)
The Grand Jury furthercharges that
144 The allegations containedin paragraphs 1-16and I8-102 of this lndictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
145 Fromapproximately the month of July 2008 the exact date unknownto the Grand
Jury through On or about October 27 2009 in the Northern District of Ohio Western Division
and elsewhereTAREK ELKAFRAWI devisedand intended to devise 8 scheme and artifice to
defraudFarmers InsW1J1ce Group and to obtain moneyand property by meansof false and
fraudulent pretenses representations and promises
146 It was part of the schemeand artificeto defraud that TAREK ELKAFRAWI would
submit traudulent invoices to FarmersInsuranceGroup under PolicyNumber 602926772 for
work that was not performed or performed at a lower invoice
147It was a furtherpart of the scheme and artifice that TAREK ELKAFRAWI submitted
claims forpayroll costs that were completely illusorybecause the requested claimswere for
periods the restaurant was closed and had no employees
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39
148 It was a furtherpart of the sc erne and artifice that all checks were sent directly to
TAREKELKAFRAWI at the Terry Elk G~OUP not the Findlay lHOP
149On or about each of the dates bet forth below in the Northern District of Ohio
Western Division and elsewhere for the Jurpose of executing and attempting to execute the
above described scheme and artifice to delud TAREK ELKAFRAWI knowinglycaused to be
placed into any post office or authorized dlpository for mail matterany matter or thing to be sentI
and dellvered by the US Postal Service Jd caused to be deposited any matter to be sent or
delivered by private and commercial inters~te carrier the following matter from the state of
Illinois to Toledo Ohio each mailingcon~itUting a separate count
October 17 2008
October22 2008
January 262009
October21 2009
September22 2008
January 26 2009
SENDER
Fanners Insurance
Farmers Insurance
Farmers Insurance
Farmers Insurance
FarmersInsurance
Farmers Inswance
CO 20
M61LMAmR
$S5947S 1check to Terry Elk Group
21
I $45581367 check to Terry Elk Group
~ I $24444302 check to Terry Elk Group
~ I $2262384 check to Terry Elk Group
bOUNTM
I $2500000 check to Terry Elk Croup
~ $15684795 check to Terry Elk Group
PAGE 1015WTOL NEWS05232012 1149 4192447104
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COUNT 26
October ~ I 2009 Farmers Insurance $4285205 check to Terry Elk Group
COUNT 27
February 172009 Farmers Insurance $20867200check to Terry Elk Group
COUNT 21
October 27 2009 FarmersInsurance $15226400 check to Terry Elk Group
All in violationofTitle 18 United States Code Section 1341
COUNT 29
(Aggravated IdentityTheft Title 18 USC Section 1028A and 2)
The OrandJury furthercharges that
ISO The allegations contained in paragraphs 1-16and 18~102 of this Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
J51 Onorabout October9 2007 in the Northem District of9hlo Western Division
TAREK ELKAFRAWI did knowinglyuse without lawftllauthority a means of identification of
another personduring and in relation to the commission ofWire Fraud a violation ofride 18
United States Code Section 1343
In violation of Title 18 United States Code Sections I028A(a)(1) and 2
CQVNT30
(Aggravated Identity Theft T~tle is USC Section l028A and 2)
The Grand Jury further charges that
152 The allegations eontained in paragraphs 1-16 and 18-102 of this Indictment are reshy
alleged and hereby incorporated by reference as if fully set forth herein
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41
153 On or about May 192008 in the Northern District of Ohio Western Division
TAREK ELKAFRAWIdid knowingly use without lawfulauthoritya means of identification of
another personduringand in relation to the commission of Wire Fraud a violation ofTitle 1g
United StatesCodeSection I~43
In violation of TitJe J8 UnitedStates Code Sections 1028A(a)(I) and 2
COUNT31
(Aggravated IdentityTheftTitle 18USC Section J028A and 2)
The Orand Jury furthercharges that
154 The allegations contained in paragraphs 1-l6- and 18middot102 of this Indictment are reshy
alleged and herebyincorporated by reference as if fully set forth herein
155 On or aboutJuly 132Q09 in the Northern District of Ohio Western Division
TAREK ELKAFRAWIj did knowingly use without lawfuJ authority a means of identification of
another personduring and in relation to the commission of Wire Fraud a violation of Title 18
United StatesCodeSection 1343
In violationofTitle 18 United States Code Sections 1028A(aXl) and 2
COlNT32
(Aggravated IdentityTheft Title 18USC Sectlon J028A and 2)
The Grand Jury furthercharges that
J56 Theallegations contained in paragraphs1-16and 184 J02 of this Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
157On or about May3l 2009 in theNorthern Districtof Ohio Western Division
TAREK ELKAFRAWI did knOWingly use without lawful authoritya means of identification of
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42
another person during and in relation to the commission of Wire Fraud a violation of Title 18
United States Code Section 1343
In violation ofTitle 18 United States Code Sections 1028A(a)(I) and 2
COUNT 33
(Aggravated Identity Theft Title 18 UsC Section l028A and 2)
The GrandJury further charges that
138 The allegationscontainedin paragraphs 1-16 and 18-]02 of this Indictment are reshy
alleged and herebyincorporated by reference as if fullyset forth herein
159 On or about October 22008 in the Northern District of Ohio Westem Division
TAREK ELKAFRAWI did knowingly use without lawfulauthority a means of identification of
another personduring and in relation to the commission of Wire Fraud a violationof Title 18
United States Code Section 1343
In violationof TItle ]8 United States Code Sections 1028A(a)(I) and 2
CQVNT34 (Aggravated IdentityTheft Title 18 USC Section 1028A and 2)
The Grand Jury furtherchargesthat
160 The allegationscontained in paragraphs 1-16and 18-102ofthis Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
16t Onor about January27 2008 in the Northern District of Ohio WesternDivision
TAREK ELKAFRAWI did knowinglyuse without lawfulauthority a means of identification of
anotherpersonduringand in relation to the commissionofWire Fraud a violation ofTitJe 18
United States Code Section 1343
In violation of Title 18United States Code Sections l028A(a)(1) and 2
I I
WTOL NEWS PAGE 13115OS232012 1149 4192447104 I
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43
COUNT 35 (AggravatedIdentityTheft Title 18USC Section 1028A and 2)
The Grand Jury further charges that
162The allegations contained in paragraphs I-16 and 18-102 of this Indictment are reshy
alleged and herebyincorporated by reference as jf fully set forth herein
163On or about March 72009 in the NorthernDistrict of Ohio Western Division
TAREK ELKAFRAWI and KHALED YOUSEF did knowinglyuse without lawful authority a
means of identification of another personduringand in relation to the commission of Wire Fraud
a violation of Title 18 United States Code Section 1343
In violationof Title 18 United States Code Sections 1028A(a)(1)and 2
COUNT 36
(Aggravated IdentityTheft Title 18 USC Section 1028Aand 2)
The GrandJury further charges that
164 The allegations contained in paragraphs 1-16 and 18-102 of this Indictmentare reshy
allegedand hereby incorporated byreferenceas if fully set forth herein
16S On or about March tS 2009 in the Northern District of Ohio Western Division
TAREK ELKAFRAWI and KHALED YOUSEF did knowinglyuse without lawful authority a
means of identification of another person duringand in relation to the commission of WireFraud
a violation of Title 18United States Code Section 1343
In violation ofTitle 18United States Code Sections l028A(a)(1) and 2
~~~~2012 1149 4192447104 wloe NEWS
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44
COUNT 37
(Aggravated Identity The~ Title 18 USC Section l028A and 2)
The GrandJury further charges that
166 Theallegations contained in paragraphs 1-16 and 18-] 02 of this Indictment are reshy
alleged and hereby incorporated byreference as if fully set forth herein
167 On or aboutJuly 21 2009 in the Northern District of Ohio Western Division
TAREK ELKAfRAWI and RAMIZAWWAO did knowingly use without lawful authority a
means of identification of anotherperson duringand in relation to the commission of WireFraud
a violation of Title 18United States Code Section 1343
In violation ofTitle 18 UnitedStates Code Sections l028A(a)(1) and 2
cOUNT38
(Aggravated Identity TheftTitle 18 USC Section 1028A and 2)
The Grand Juryfurthercharges that
168Theallegations contained in paragraphs 1-16 and t8-102 of this Indictment are reshy
alleged and hereby incorporated by reference 8S if fully set forth herein
169 On or about July 132009 in the NorthernDistrict ofOhio WesternDivision
TAREK ELKAFRAWIand IAMIL MOHAMMED AWWAD did knowingly use withoutlawful
authority a meansof identification of another person during and in relation to the commission of
Wire Fraud a violation ofTitle 18 United States Code Section 1343
In violation of Title 18 United States CodeSections l028A(a)(1) and 2
11 4l 41 l~44 IUl4 WIUL NIWl
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45
COUNT 39
(Identity Theftt Title 18 USC Sections 1028 and 2)
The Grand Jury further charges that
170 The allegationscontained in paragraphs 1-16 and 18-102 of this Indictment are reshy
alleged and hereby incorporated by reference as if fully set forth herein
171 On or about December132010 in the Northern District orOhio Western Division
TAREKELKAFRAWI and DONNA J HARRIOTTt did knowingly use in or affectinginterstate
or foreigncommerce without lawful authority a means of identification ofanother person to wit
s social securitynumber and date of birth with the intent to commit or to aid or abet or in
connectionwith any unlawful activitythat constitutes Wire Fraud 8 violation of 18USC
sect1343 and the offense involved the useof an authentication feature that is or appears to be an
identification document or authentication feature issued by Or under the authority of the United
States
All in violation ofTitle 1St United States Code Sections 1028(a)() (b)(l )(A)(l) and (f)
and 2
COUNI40
(Identity Theft Title 18USCbull Sections 1028and 2)
TheGrand Juryfurther chargesthat
172The allegationscontained in paragraphs 1-16 and J8middot102 of this Indictment are reo
allegedand hereby incorporated by referenceas if fully set forth herein
173On or about May42010 in the Northern District ofOhio Western Division
TAREK ELKAFRAWI and SARA RINEBOLT did knowingly use in or affecting interstate or
PAGE 091 505232012 1144 4192447104 WTOL NEWS
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24
MediearelWelfarerrax Fraud
92 TAREK ELKAFRAWI MK and TAREKEID OMAR together and separately
devised schemesto personaltycollectmedical and welfarebenefits for which they did not
qualifyand sanctioned employees to do so as well
93 Using an alternate identity MK split his salary between two paychecks creating a
lower reportableincomefor each identity Usingthese dual identities MK has to date claimed
approximately $140000 in Medicaid paymentsand $35000 in food stamps and welfare benefits
from the State of Ohio
94 To further these schemesTAREK ELKAFRAWI and MK created a false property
management companythrough which MK paid rent to TAREK ELKAFRAWI in order to
show less income BothTAREK ELKAFRAWIand MK created and submitted false payroll
checks and financial documentsto support the fraudulent claims
95 TAREK ELKAFRAWI and MK also sanctionedand encouraged employees to file
fraudulent claims KHALED YOUSEF TAREK EID O~ RAMIZ AWWAD and JAMIL
MOHAMMED AWWAD were told by TAREK ELKAFRAWI and MK how to minimizetheir
payrollearnings throughthe use of multipleidentities in order to claim benefits TAREK
ELKAFRAWI toldTAREK EID OMARto eitherstart fraudulently claiming welfare or quit
having children
96 These manipulations to income revenue and payroll were reflectedin erroneousand
fraudulent tax statements to the Internal RevenueService TAREK ELKAFRAW1 directed
accountants to file his personal and corporate lax returns based on this fraudulent information in
an attempt to minimize and obscure his true incomeand tax liabilities
PAGE 10 5WTOL NEWS4192447104OS232012 1144
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25
Money Laundering Schemes
97 Inorder to hideandconceal thesourceof the proceedsof the wire fraud schemes
TAREK ELKAFRAWI KELLY ELKAFRAWI MK and TAREK EID OMAR engaged in real
estatetransactions
98 TAREK ELKAFRAWI loaned TAREKEID OMARand previous Evansville mop
managers YS andAA approximately S50OOO to purchase a gas station in Evansville Indiana
usingfunds derived solely from TAREK ELKAFRAWrs rnop franchises
99 To conceal the source and nature of the funds used to purchasethe gas station located
at 600North Burkhardt Road Evansville Indiana TAREK ELKAFRAWI transferred
approximately SSOOOO to TAREK EIDOMAR Y S and AAwhich theyused to purchase the
gasstation
100Using laundered assets fromthe IHOP restaurants TAREK ELKAFRAWI and
KELLY ELKAFRAWI purchased homes at l0400 Tecumseh Drive Newburgh Indiana and
J4745 Prairie Lake Drive Toledo Ohio
101 Likewise MK purchased the following properties using funds from bankaccounts
in his various names 2510 Live Oak Road Sylvania Ohio 4027 Meadowgreen DriveSylvania
Ohio 7129 Sandy Springs Road Maumee Ohio and4837 SpringbrookDriveToledo Ohio
The funds were proceeds of the fraudulent schemes
102 Finally from 2004to the date of this indictment TAREK ELKAFRAWIsent
proceeds of fraudulent IHOP transactions overseas by carrying them on his person usingbank
acccunts ownedandcontrolled byTAREKEIDOMARand others knownto the Orand Juryand
using Western Union accounts operated by TAREK EIDOMARand SM (not charged in this
41 1pound44 (1~4 WIUL N~W~
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26
indictment) Those funds have been used in part to purchase real estate and to make investments
in Egypt
All in violation of Title 18 United States Code Section I956(h)
COVNTl
(Conspiracy to HarborAliens Title 8 UsC Sections t324(a)(l)(AXiii) and I324(a)(1)(AXv)(I)
The Orand Jury furthercharges that
I03 Paragraphs 1-16and 18-I02 are re-alleged and hereby incorporated by referenceas if
fully set forth herein
104 From at least as early as January2004 the exact date to the Grand Jury unknown
through at least December31 2011 in the Northern District of Ohio Western Division and
elsewhere the DefendantsTAREK ELKAFRAWI KELLY ELKAFRAWI AU11JMN LEE
TANGAS MK JOSE LEONmiddotGONZALEZ aka Jose Leon aka Jose Vargas aka Juan Vargas
aka Edwin MartelTAREK ElD OMAR CARLOS GAMBOA KHALED YOUSEF RAMIZ
AWWAD aka Ray JAMIL MOHAMMAD AWWAD KHALIL ABOUDAKKA MAHMOUD
ALI MOHAMED HASSANDONNAJ HARRIOIT LUCKY WILLIAMS and CESAR
AVILA did knowingly and intentionally combine conspire and confederate with each other and
with others known and unknown to the Grand Jury to conceal harbor and shield from detection
one or more aliens namely FJV-PJOSE LEON-GONZALEZ aka lose Leon aka Jose Vargas
aka Juan Vargas aka Edwin Martel MT-C C V V-A S L CESAR AVILA CARLOS
GAMBOAE M A M A G F G J LNU J LNU and approximately two hundred other
aliens known to the Grand Jury In several buildings including but not limited to the Perrysburg
PAGE 12 5WTOL NEWSOS232012 1144 4192447104
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27
Findlay Lima Airport Highway Central Talmadge and Evansville JHOPs as wellas 801 Hiltop
and 4020 RoyerRoad in ToledoOhio knowingand in recklessdisregard of the fact that the
aUen(s) had cometo entered and-remained in the United States In violation of law
A) 11 waspart of the conspiracy that the managers of (HOP restaurants
would hire undocumented aliens to workat the mops after clearingthe
hires with MK or TAREKELKAFRAWI
B) It was further part ofthe conspiracy that undocumented aliens would be
paid in cashuntil theyobtained fraudulent immigration and workdocuments
C) It was funher part of the conspiracy that co-conspirators sometimes would
assist the aliensin finding lodging and in cashing checksat the mop
or bankinginstitutions
D) It was further part oCthe conspiracy that undocumented aliens often would
be paid usinga fake name Or check name
E) It was further part of the conspiracy that the undocumented aliens sometimes
would be transported to other HOP restawant locations to work
F) It was further part ofthe conspiracy that co-conspirators sometimes would
assign to the undocumented aliens the socialsecurity numbers and personal identifierS of
former employees to shield the illegalworkers from discovery
All in violation of Title 8 United States Code Sections 1324(a)(l)(A)(iii) and
1324(a)(1 )(A)(v)(I)~
PAGE 13 5WTOL NEWSOS232012 1144 4192447104
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28
WVNTS3~7
(Mail Fraud Title 18USCbull Section 1341)
The Grand Jury furthercharges that
t OS The allegatiens contained in paragraphs Imiddot16 and 18middot02 of this Indictment are reo
allegedand hereby incorporated by referenceas if fully set forth herein
106 From on or about August 192003 to the dateof this Indictment in the Northern
District or OhioWestern Division and elsewhere TAREK ELKAFRAWI AUTUMNLEE
TANGAS andMK (not charged in this Indictment) devisedand intended to devise a scheme
and artifice to defraud IHOPCorporateand to obtain money and property by meansof materially
false and fraudulent pretensesrepresentations and promises
MANNER AND MEANS
107It waspart of the scheme that TAREK ELKAFRAWI through the use of the
MICROS system knew that sales were obtainedby IHOP Corporate on 8 weeklybasis through an
automatic remote uploading ofdata TAREK ELKAFRAWI knew that IHOP Corporateused the
weeklynet sales figures to determine the weeklyroyalty and rent amount owed byeach franchise
likewisehe knewthat IHOPCorporatedid not examine the weekly deductions from grosssales
that resulted in the net sales figures
108 In fact prior to 2004 TAREK ELKAFRAWI receivedregular IHOP Corporate
reviewsof the operating expensesand balancesheets that showed the costs deducted from gross
sales reflected in net sales After AUlUMN LEETANGAS became FBC in 2004 such thorough
PAGE 14 5WTOL NEWSOS232012 1144 4192447104
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29
reviews ceased entirely TAREKELKAFRAWI thereafter devised various schemesto
manipulate the MICROS system in order to create lower-than actual weekly net sales
109Onesuch schemewas to simply tum the MICROS system otT so sales werenot
recorded
110Additionally TAREK ELKAFRAWI instructed his lHOP managers to voidsales
entirelyor to givesignificant discounts to tickets after the ticket had been paid for by thecustomer
and closed
11 J Othercosts chargedagainst grosssales includedunit promotions contests
maintenance andpayouts for whichno documentation was provided In fact these were cash
distributions toTAREK ELKAFRAWI and other employees representingunreported income
112TAREK ELKAFRAWI also woulddeposit rebatecheeks from vendors into the
CentrallHOP account however he would direct his accountants to reflect the deposit as a loan
from officer rather than as incomefrom a rebate This fraudulent representation created an
additional debt on the balance sheet of Central JHOP thus giving the appearancethat the
restaurantwas encumbered with debt and operating expenses and not profitable
1t3 Asa result of these schemes TAREK ELKAFRAWI created the appearance through
his weeklysalesfigures that the CentrallHOP store wasseverely underperforming
114 SInce 2007 TAREK ELKAFRAWI with the help of AUruMN LEETANGAS
applied for rentand royalty reliefpayments from IHOPCorporate Based on the fraudulent
weeklynet sales reports and the annual recommendation of AUlUMN LEE TANOASTAREK
ELKAFRAWIreceived approximately $2300 a week in rentas well as royaltyrelief from HOP
Corporate to which he otherwisewJ not entitled
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30
116 ThesereHefpayments werememorialized in annualcontractsamending the franchise
agreement for eachyear to retlect the newrelief payment agreement Thesecontracts were mailed
from mop Corporate headquarters in Glendale California to Toledo Ohio after the FBCand
RD memos were submitted and approved
117 Onor abouteach of the dates set forth below in the Northern District of Ohio
Western Division and elsewhere for the purpose of executing and attempting to execute the
abovedescribed scheme and artifice 10defraud DefendantsTAREK ELKAFRAWI and
AUTUMNLEE TANOAS knowingly caused to be placed into any post office or authorized
depository for mail matterany matteror thingto be sentand deliveredby the US Postal Service
and caused to be deposited any matterto be sent or delivered by privateand commercial interstate
carrier the following matterfrom Glendale California to Toledo Ohioeach mailing constituting
a separate count
COVNT3
~ SENDER MAJLMATIER
September 24 2007 IHOP Corporate mailing of Amended ReliefContract
COUNL4
June5 2008 IHOPCorporate mailing ofAmended ReliefContract
COUNTS
August 172009 lHOP Corporate mailing of Amended Relief Contract
CQUNT6
May 25 20)0 IHOP Corporate mailing of Amended Relief Contract
OS232012 1149 4192447104 WTOL NEWS PAGE 0115
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31
COuNT 7
May 162011 IHOPCorporate mailing of Amended Relief Contract
All in violation ofTitle l8 United States Code Section 1341
COUNTS
(Health Care FraudTitle 18 USC Sections 1347and 2)
The Grand Jury further charges that
118The allegations contained in 1-16and 18-102of this Indictment are re-allegedand
herebyincorporated byreferenceas if fullyset forth herein
119Using the methodsdescribed in Paragraphs 60-78 TAREK ELKAFRAWr and
others known to the Orand Jury submitted fraudulent reports to BWe resulting in BWe
undercbarging the Airport Highway IHOP
120 From on or about June 4 2004 to the date of this Indictment in the NorthernDistrict
of Ohio Western Division and elsewhere TAREK ELKAFRAWI and others known to the
Orand Jury having devised and intendingto devise B scheme and artifice to defraud the Ohio
Bureauof Workers Compensation (BWe) a healthcare benefit program as defined in Title 18
United States CodeSection24(b) of money by means ofmateriaJly false representations and
promises that was and is in connectionwith the paymentfor health care benefits items IUId
services did knowingly and willfully execute the aforesaid scheme
In violation of Title 18 UnitedStates Code Sections 1347and 2
PAGE 0215WTOL NEWSOS232012 1149 4192447104
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32
COLlNT9
(Health Care FraudTitle 18 USC Sections 1347and 2)
The Orand Jury further charges that
121 The allegations contained in paragraphs )-16 and 18102 of this Indictmentare reo
alleged and herebyincorporatedby reference as if fully set forth herein
122 Using the methodsdescribed in Paragraphs60-78 TAREK ELKAFRAWI and
others known to the Orand Jury submitted fraudulent reports to Bureau of Workers Compensation
(BWC)resulting in BWe undercharging theTalmadge IHOP
123 From on or about June 4 2004 to the date of this Indictment in the Northem District
ofOhio Western Divisionand elsewhere TAREK ELKAFRAWI and others known to the
Grand Jury having devised and intendingto devisea scheme and artifice to defraud the Ohio
awe a health carebenefit program as defined in Title )8 t United States CodeSection 24(b) of
moneyby means of materially false representations and promises that was and is in connection
with the paymentfor health care benefits hems and services did knowinglyand willfullyexecute
theaforesaid scheme
In violation of Title 18 UnitedStatesCode Sections 1347 and 2
CQUNTlll
(Health Care FraudTitle 18USC Sections 1347and 2)
The Orand Jury further charges that
124 Theallegations contained in paragraphs 1-16 and 18-102 of this Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
PAGE 0315WTOL NEWSOS232012 1149 4192447HI4
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33
125 Using themethods described in Paragraphs 60-78 TAREK ELKAFRAWI and
others known to the OrandJury submitted fraudulent reports to BWC resulting in BWC
undercharging the Lima IHOP
126 From on or about August 31 2007 through the date of this Indictment in the
Northern District of Ohio Western Divisionand elsewhereTAREK BLKAFRAWIand others
known to the GrandJury havingdevisedand intendingto devise a scheme and artifice to defraud
the Ohio Bureau of Workers Compensation (BWe) a health care benefit program as defined in
Title 18 United StatesCode Section24(b) of money by means of materially false
representations and promises that wasand is in connection with the payment for health care
benefits items and services did knowingly and willfullyexecute the aforesaid scheme
In violationof Title 18UnitedStates Code Sections 1347and 2
COUNT 11
(Health Care Fraud Title 18 USC Sections 1347and 2)
The Grand Jury furtherchargesthat
127The allegations contained in paragraphs 1-16and 18-102of this Indictment are reshy
allegedand herebyincorporated by reference as if fully set forth herein
128 Using the methods described in Paragraphs60-78 TAREK ELKAFRAWI and
others known to the OrandJury submitted fraudulent reports to Bwe resulting in awe
undercharging the Findlay IHOP
129 From on or aboutMay 102004 through the date of this Indictment in the Northern
Districtof Ohio Western Division and elsewhere TAREK ELKAFRAWI and others knownto
theGrand Jury havingdevised and intending to devise a scheme and artifice to defraud the Ohio
Bureau of WorkersCompensation (BWe) a health care benefit program as defined in Title 18
4) lL44Hl4 WIUL NIW~
Case 312-cr-00262-DAK Doc 1 Filed 052212 34 of 65 PagelD 34
34
United StatesCode Section 24(b) of moneyby meansof materially false representations and
promises that wasand is in connection with the payment for healthcare benefits items and
services did knowingly and willfully execute the aforesaidscheme
In violation of Title 18 United States Code Sections 1347and 2
CoUNT12
(Health Care Fraud Title 18USC Sections 1347and 2)
The Orand Jut)I further charges that
130 The allegations contained in paragraphs Imiddot] 6 and 18-]02 of this Indictmentare reshy
alleged and hereby incorporated by reference as iffulJy set forth herein
13 l Usingthe methods described in Paragraphs 60-78 TAREK ELKAFRAWI and
others knownto the Orand Jury submitted fraudulent reports to BWe resulting in awe
undercharging the Central IHOP
132 From onor about February 28 2005 through the date of this Indictment in the
Northern Districtof Ohio Westem Division and elsewhere TAREKELKAFRAWI and others
known to the Grand Juryhavingdevisedand intending to devisea scheme and artifice to defraud
the Ohio Bureau of Workers Compensation (BWC) a health care benefitprogram as defined in
Title 18 United States CodeSection24(b) of money by means ofmaterially false
representations and promises that was and Is in connection with the paymentfor health care
benefits items and services did knowingly and willfully executethe aforesaid scheme
In vioJation of Title 18 United States Code Sections 1347and 2
41 I~4411~4 WIUL N~W~
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3S
COUNT 13
(HealthCare Fraud Title 18 USC Sections 1347 and 2)
The Grand Jury furtherchargesthat
133The allegationscontained in paragraphs 1middot16 and 18middot102 of this Indictment are reshy
alleged and herebyincorporated by reference 8$ if fullyset forth herein
134 Using the methodsdescribed in Paragraphs 6Q78 TAREK ELKAFRAWI and
others known to the GrandJury submitted fraudulent reports to awc resulting in awe
undercharging the Perrysburg JHOP
135 From on or about August 30 2005 through the date ofthis Indictment in the
Northern District of Ohio Western Division and elsewhere TAREK ELKAFRAWI and others
known to the GrandJury having devised and intending to devise a scheme and artifice to defraud
the Ohio Bureauof WorkersCompensation(BWC) a health care benefit program as defined in
Title 18 United States Code Section 24(b) of money by means of materially false
representations and promises that was and is in cenneetlon with the payment for health care
benefits items and services did knowinglyand willfullyexecute the aforesaid scheme
In violationofTitle 18United StatesCode Sections 1347 and 2
COUNTS 14-17
(Mail Fraud Title 18 USC Section J341)
The Grand Jury furthercharges that
136 The allegations containedin paragraphs 1-16 and 18middot102 of this Indictmentare reshy
alleged and hereby incorporatedby referenceas if fully set forth herein
131 Fromon or about January 30 20ll through on or about April 10201 I in the
Northern District of Ohio Western Division and elsewhere Defendants TAREK ELKAFRAWI
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36
and TAREK EIDOMARdevised and intended to devisea scheme and artifice to deframiddotud and to
obtain moneyfrom THOP Corporate by meansof materially false and fraudulent pretenses
representations and promises
MANNER AND MEANS
(t was part of the schemeand artifice that
]38 Using the methods described in Paragraphs 46-54 and 71-78 TAREK ELKAFRAWI
and TAREK EIDOMARmanipulated the SABLE Pointof Sale system to fraudulently report
debits and charges in order to hide the removal of cashdirectly from the Evansville IHOP
TAREK EID OMARat the direction of TAREKELKAFRAWI would then producea fraudulent
PampL report and mail it using the United States PostalService to provide that report to
Management Services in Wichita Falls Texas
139 Onor about each ofthe dates set forth below in the Northern District of Ohio
Western Division andelsewhere for the purpose ofexecutingand attempting to executethe
above described scheme and artifice to defraudTAREK ELKAFRAWI and TAREK EID OMAR
knowingly caused to be placed into any post office or authorized depository for mail matterany
matteror thingto besent and delivered by the US Postal Services and caused to be deposited any
matter to be sent or delivered by privateand commercial interstatecarrier the following matter
from Toledo Ohioand Evansville Indianato WichitaFallsTexas each mailingconstituting a
separate count
COUNT 14
Mm SENDER MAIL MAUER
January 302011 TAREK EID OMAR PampL report
OS232012 1149 419~447104 WTOL NEWS PAGE 0715
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37
COUNT 15
February14 2011 TAREK BID OMAR PampL report
COUNT 16
March 28 20II TAREKEID OMAR PampL report
COUNT 17
April 102011 TAREK EJD OMAR PampL report
All in violation ofTitle 18UnitedStates Code Sections 341 and 2
COUNT 18
(Use of Fire to Commit a Felony Title 18 USC Sections 844(h) and 2)
TheGrand Jury further charges that
140The allegations contained in paragraphs 1-16 and 18-102 ofthis Indictmentarc reshy
alleged and hereby incorporatedby reference as if fully set forth herein
141On or about August 10 and II 2008 [n the Northern Districtof Ohio Westem
DivisionTAREK ELKAFRAWI and JOSE LEON-GONZALEZ knowingly used fire to commit
Mail Fraud a felony prosecutable in a court of the United States
In violation ofTitle 18 United States Code Sections 844(h) and 2
COUNTl2
(Malicious Use of Fire Title 18 USC Sections 844(i) and 2)
The Grand Jury further charges that
142 The allegations contained in paragraphs 1-16and 18-102 ofthls Indictmentare reo
alleged and hereby incorporated by reference as if fully set forth herein
WTOL NEWS PAGE 0815OS232012 1149 4192447104
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38
143 On or about August 10and II 2008 in the Northern District of Ohio Western
Division TAREK ELKAFRAWIand JOSE LEON-GONZALEZ maliciously damaged bymeans
of fire and explosivematerialsa buildinglocated at 7777 Countymiddot Road 136 Findlay Ohio used
in interstatecommerce
In violation of Title 18 UnitedStates Code Sections 844(i) and 2
coUNtS 0-28
(Mail FraudTitle] 8 USCSection 1341)
The Grand Jury furthercharges that
144 The allegations containedin paragraphs 1-16and I8-102 of this lndictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
145 Fromapproximately the month of July 2008 the exact date unknownto the Grand
Jury through On or about October 27 2009 in the Northern District of Ohio Western Division
and elsewhereTAREK ELKAFRAWI devisedand intended to devise 8 scheme and artifice to
defraudFarmers InsW1J1ce Group and to obtain moneyand property by meansof false and
fraudulent pretenses representations and promises
146 It was part of the schemeand artificeto defraud that TAREK ELKAFRAWI would
submit traudulent invoices to FarmersInsuranceGroup under PolicyNumber 602926772 for
work that was not performed or performed at a lower invoice
147It was a furtherpart of the scheme and artifice that TAREK ELKAFRAWI submitted
claims forpayroll costs that were completely illusorybecause the requested claimswere for
periods the restaurant was closed and had no employees
~~~J2012 1149 4192447104
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39
148 It was a furtherpart of the sc erne and artifice that all checks were sent directly to
TAREKELKAFRAWI at the Terry Elk G~OUP not the Findlay lHOP
149On or about each of the dates bet forth below in the Northern District of Ohio
Western Division and elsewhere for the Jurpose of executing and attempting to execute the
above described scheme and artifice to delud TAREK ELKAFRAWI knowinglycaused to be
placed into any post office or authorized dlpository for mail matterany matter or thing to be sentI
and dellvered by the US Postal Service Jd caused to be deposited any matter to be sent or
delivered by private and commercial inters~te carrier the following matter from the state of
Illinois to Toledo Ohio each mailingcon~itUting a separate count
October 17 2008
October22 2008
January 262009
October21 2009
September22 2008
January 26 2009
SENDER
Fanners Insurance
Farmers Insurance
Farmers Insurance
Farmers Insurance
FarmersInsurance
Farmers Inswance
CO 20
M61LMAmR
$S5947S 1check to Terry Elk Group
21
I $45581367 check to Terry Elk Group
~ I $24444302 check to Terry Elk Group
~ I $2262384 check to Terry Elk Group
bOUNTM
I $2500000 check to Terry Elk Croup
~ $15684795 check to Terry Elk Group
PAGE 1015WTOL NEWS05232012 1149 4192447104
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40
COUNT 26
October ~ I 2009 Farmers Insurance $4285205 check to Terry Elk Group
COUNT 27
February 172009 Farmers Insurance $20867200check to Terry Elk Group
COUNT 21
October 27 2009 FarmersInsurance $15226400 check to Terry Elk Group
All in violationofTitle 18 United States Code Section 1341
COUNT 29
(Aggravated IdentityTheft Title 18 USC Section 1028A and 2)
The OrandJury furthercharges that
ISO The allegations contained in paragraphs 1-16and 18~102 of this Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
J51 Onorabout October9 2007 in the Northem District of9hlo Western Division
TAREK ELKAFRAWI did knowinglyuse without lawftllauthority a means of identification of
another personduring and in relation to the commission ofWire Fraud a violation ofride 18
United States Code Section 1343
In violation of Title 18 United States Code Sections I028A(a)(1) and 2
CQVNT30
(Aggravated Identity Theft T~tle is USC Section l028A and 2)
The Grand Jury further charges that
152 The allegations eontained in paragraphs 1-16 and 18-102 of this Indictment are reshy
alleged and hereby incorporated by reference as if fully set forth herein
05232012 1149 4192447104 WTOL NEWS PAGE 111 5
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41
153 On or about May 192008 in the Northern District of Ohio Western Division
TAREK ELKAFRAWIdid knowingly use without lawfulauthoritya means of identification of
another personduringand in relation to the commission of Wire Fraud a violation ofTitle 1g
United StatesCodeSection I~43
In violation of TitJe J8 UnitedStates Code Sections 1028A(a)(I) and 2
COUNT31
(Aggravated IdentityTheftTitle 18USC Section J028A and 2)
The Orand Jury furthercharges that
154 The allegations contained in paragraphs 1-l6- and 18middot102 of this Indictment are reshy
alleged and herebyincorporated by reference as if fully set forth herein
155 On or aboutJuly 132Q09 in the Northern District of Ohio Western Division
TAREK ELKAFRAWIj did knowingly use without lawfuJ authority a means of identification of
another personduring and in relation to the commission of Wire Fraud a violation of Title 18
United StatesCodeSection 1343
In violationofTitle 18 United States Code Sections 1028A(aXl) and 2
COlNT32
(Aggravated IdentityTheft Title 18USC Sectlon J028A and 2)
The Grand Jury furthercharges that
J56 Theallegations contained in paragraphs1-16and 184 J02 of this Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
157On or about May3l 2009 in theNorthern Districtof Ohio Western Division
TAREK ELKAFRAWI did knOWingly use without lawful authoritya means of identification of
OS232012 1149 4192447104 WTOL NEWS
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42
another person during and in relation to the commission of Wire Fraud a violation of Title 18
United States Code Section 1343
In violation ofTitle 18 United States Code Sections 1028A(a)(I) and 2
COUNT 33
(Aggravated Identity Theft Title 18 UsC Section l028A and 2)
The GrandJury further charges that
138 The allegationscontainedin paragraphs 1-16 and 18-]02 of this Indictment are reshy
alleged and herebyincorporated by reference as if fullyset forth herein
159 On or about October 22008 in the Northern District of Ohio Westem Division
TAREK ELKAFRAWI did knowingly use without lawfulauthority a means of identification of
another personduring and in relation to the commission of Wire Fraud a violationof Title 18
United States Code Section 1343
In violationof TItle ]8 United States Code Sections 1028A(a)(I) and 2
CQVNT34 (Aggravated IdentityTheft Title 18 USC Section 1028A and 2)
The Grand Jury furtherchargesthat
160 The allegationscontained in paragraphs 1-16and 18-102ofthis Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
16t Onor about January27 2008 in the Northern District of Ohio WesternDivision
TAREK ELKAFRAWI did knowinglyuse without lawfulauthority a means of identification of
anotherpersonduringand in relation to the commissionofWire Fraud a violation ofTitJe 18
United States Code Section 1343
In violation of Title 18United States Code Sections l028A(a)(1) and 2
I I
WTOL NEWS PAGE 13115OS232012 1149 4192447104 I
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43
COUNT 35 (AggravatedIdentityTheft Title 18USC Section 1028A and 2)
The Grand Jury further charges that
162The allegations contained in paragraphs I-16 and 18-102 of this Indictment are reshy
alleged and herebyincorporated by reference as jf fully set forth herein
163On or about March 72009 in the NorthernDistrict of Ohio Western Division
TAREK ELKAFRAWI and KHALED YOUSEF did knowinglyuse without lawful authority a
means of identification of another personduringand in relation to the commission of Wire Fraud
a violation of Title 18 United States Code Section 1343
In violationof Title 18 United States Code Sections 1028A(a)(1)and 2
COUNT 36
(Aggravated IdentityTheft Title 18 USC Section 1028Aand 2)
The GrandJury further charges that
164 The allegations contained in paragraphs 1-16 and 18-102 of this Indictmentare reshy
allegedand hereby incorporated byreferenceas if fully set forth herein
16S On or about March tS 2009 in the Northern District of Ohio Western Division
TAREK ELKAFRAWI and KHALED YOUSEF did knowinglyuse without lawful authority a
means of identification of another person duringand in relation to the commission of WireFraud
a violation of Title 18United States Code Section 1343
In violation ofTitle 18United States Code Sections l028A(a)(1) and 2
~~~~2012 1149 4192447104 wloe NEWS
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44
COUNT 37
(Aggravated Identity The~ Title 18 USC Section l028A and 2)
The GrandJury further charges that
166 Theallegations contained in paragraphs 1-16 and 18-] 02 of this Indictment are reshy
alleged and hereby incorporated byreference as if fully set forth herein
167 On or aboutJuly 21 2009 in the Northern District of Ohio Western Division
TAREK ELKAfRAWI and RAMIZAWWAO did knowingly use without lawful authority a
means of identification of anotherperson duringand in relation to the commission of WireFraud
a violation of Title 18United States Code Section 1343
In violation ofTitle 18 UnitedStates Code Sections l028A(a)(1) and 2
cOUNT38
(Aggravated Identity TheftTitle 18 USC Section 1028A and 2)
The Grand Juryfurthercharges that
168Theallegations contained in paragraphs 1-16 and t8-102 of this Indictment are reshy
alleged and hereby incorporated by reference 8S if fully set forth herein
169 On or about July 132009 in the NorthernDistrict ofOhio WesternDivision
TAREK ELKAFRAWIand IAMIL MOHAMMED AWWAD did knowingly use withoutlawful
authority a meansof identification of another person during and in relation to the commission of
Wire Fraud a violation ofTitle 18 United States Code Section 1343
In violation of Title 18 United States CodeSections l028A(a)(1) and 2
11 4l 41 l~44 IUl4 WIUL NIWl
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45
COUNT 39
(Identity Theftt Title 18 USC Sections 1028 and 2)
The Grand Jury further charges that
170 The allegationscontained in paragraphs 1-16 and 18-102 of this Indictment are reshy
alleged and hereby incorporated by reference as if fully set forth herein
171 On or about December132010 in the Northern District orOhio Western Division
TAREKELKAFRAWI and DONNA J HARRIOTTt did knowingly use in or affectinginterstate
or foreigncommerce without lawful authority a means of identification ofanother person to wit
s social securitynumber and date of birth with the intent to commit or to aid or abet or in
connectionwith any unlawful activitythat constitutes Wire Fraud 8 violation of 18USC
sect1343 and the offense involved the useof an authentication feature that is or appears to be an
identification document or authentication feature issued by Or under the authority of the United
States
All in violation ofTitle 1St United States Code Sections 1028(a)() (b)(l )(A)(l) and (f)
and 2
COUNI40
(Identity Theft Title 18USCbull Sections 1028and 2)
TheGrand Juryfurther chargesthat
172The allegationscontained in paragraphs 1-16 and J8middot102 of this Indictment are reo
allegedand hereby incorporated by referenceas if fully set forth herein
173On or about May42010 in the Northern District ofOhio Western Division
TAREK ELKAFRAWI and SARA RINEBOLT did knowingly use in or affecting interstate or
PAGE 10 5WTOL NEWS4192447104OS232012 1144
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25
Money Laundering Schemes
97 Inorder to hideandconceal thesourceof the proceedsof the wire fraud schemes
TAREK ELKAFRAWI KELLY ELKAFRAWI MK and TAREK EID OMAR engaged in real
estatetransactions
98 TAREK ELKAFRAWI loaned TAREKEID OMARand previous Evansville mop
managers YS andAA approximately S50OOO to purchase a gas station in Evansville Indiana
usingfunds derived solely from TAREK ELKAFRAWrs rnop franchises
99 To conceal the source and nature of the funds used to purchasethe gas station located
at 600North Burkhardt Road Evansville Indiana TAREK ELKAFRAWI transferred
approximately SSOOOO to TAREK EIDOMAR Y S and AAwhich theyused to purchase the
gasstation
100Using laundered assets fromthe IHOP restaurants TAREK ELKAFRAWI and
KELLY ELKAFRAWI purchased homes at l0400 Tecumseh Drive Newburgh Indiana and
J4745 Prairie Lake Drive Toledo Ohio
101 Likewise MK purchased the following properties using funds from bankaccounts
in his various names 2510 Live Oak Road Sylvania Ohio 4027 Meadowgreen DriveSylvania
Ohio 7129 Sandy Springs Road Maumee Ohio and4837 SpringbrookDriveToledo Ohio
The funds were proceeds of the fraudulent schemes
102 Finally from 2004to the date of this indictment TAREK ELKAFRAWIsent
proceeds of fraudulent IHOP transactions overseas by carrying them on his person usingbank
acccunts ownedandcontrolled byTAREKEIDOMARand others knownto the Orand Juryand
using Western Union accounts operated by TAREK EIDOMARand SM (not charged in this
41 1pound44 (1~4 WIUL N~W~
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26
indictment) Those funds have been used in part to purchase real estate and to make investments
in Egypt
All in violation of Title 18 United States Code Section I956(h)
COVNTl
(Conspiracy to HarborAliens Title 8 UsC Sections t324(a)(l)(AXiii) and I324(a)(1)(AXv)(I)
The Orand Jury furthercharges that
I03 Paragraphs 1-16and 18-I02 are re-alleged and hereby incorporated by referenceas if
fully set forth herein
104 From at least as early as January2004 the exact date to the Grand Jury unknown
through at least December31 2011 in the Northern District of Ohio Western Division and
elsewhere the DefendantsTAREK ELKAFRAWI KELLY ELKAFRAWI AU11JMN LEE
TANGAS MK JOSE LEONmiddotGONZALEZ aka Jose Leon aka Jose Vargas aka Juan Vargas
aka Edwin MartelTAREK ElD OMAR CARLOS GAMBOA KHALED YOUSEF RAMIZ
AWWAD aka Ray JAMIL MOHAMMAD AWWAD KHALIL ABOUDAKKA MAHMOUD
ALI MOHAMED HASSANDONNAJ HARRIOIT LUCKY WILLIAMS and CESAR
AVILA did knowingly and intentionally combine conspire and confederate with each other and
with others known and unknown to the Grand Jury to conceal harbor and shield from detection
one or more aliens namely FJV-PJOSE LEON-GONZALEZ aka lose Leon aka Jose Vargas
aka Juan Vargas aka Edwin Martel MT-C C V V-A S L CESAR AVILA CARLOS
GAMBOAE M A M A G F G J LNU J LNU and approximately two hundred other
aliens known to the Grand Jury In several buildings including but not limited to the Perrysburg
PAGE 12 5WTOL NEWSOS232012 1144 4192447104
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27
Findlay Lima Airport Highway Central Talmadge and Evansville JHOPs as wellas 801 Hiltop
and 4020 RoyerRoad in ToledoOhio knowingand in recklessdisregard of the fact that the
aUen(s) had cometo entered and-remained in the United States In violation of law
A) 11 waspart of the conspiracy that the managers of (HOP restaurants
would hire undocumented aliens to workat the mops after clearingthe
hires with MK or TAREKELKAFRAWI
B) It was further part ofthe conspiracy that undocumented aliens would be
paid in cashuntil theyobtained fraudulent immigration and workdocuments
C) It was funher part of the conspiracy that co-conspirators sometimes would
assist the aliensin finding lodging and in cashing checksat the mop
or bankinginstitutions
D) It was further part oCthe conspiracy that undocumented aliens often would
be paid usinga fake name Or check name
E) It was further part of the conspiracy that the undocumented aliens sometimes
would be transported to other HOP restawant locations to work
F) It was further part ofthe conspiracy that co-conspirators sometimes would
assign to the undocumented aliens the socialsecurity numbers and personal identifierS of
former employees to shield the illegalworkers from discovery
All in violation of Title 8 United States Code Sections 1324(a)(l)(A)(iii) and
1324(a)(1 )(A)(v)(I)~
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WVNTS3~7
(Mail Fraud Title 18USCbull Section 1341)
The Grand Jury furthercharges that
t OS The allegatiens contained in paragraphs Imiddot16 and 18middot02 of this Indictment are reo
allegedand hereby incorporated by referenceas if fully set forth herein
106 From on or about August 192003 to the dateof this Indictment in the Northern
District or OhioWestern Division and elsewhere TAREK ELKAFRAWI AUTUMNLEE
TANGAS andMK (not charged in this Indictment) devisedand intended to devise a scheme
and artifice to defraud IHOPCorporateand to obtain money and property by meansof materially
false and fraudulent pretensesrepresentations and promises
MANNER AND MEANS
107It waspart of the scheme that TAREK ELKAFRAWI through the use of the
MICROS system knew that sales were obtainedby IHOP Corporate on 8 weeklybasis through an
automatic remote uploading ofdata TAREK ELKAFRAWI knew that IHOP Corporateused the
weeklynet sales figures to determine the weeklyroyalty and rent amount owed byeach franchise
likewisehe knewthat IHOPCorporatedid not examine the weekly deductions from grosssales
that resulted in the net sales figures
108 In fact prior to 2004 TAREK ELKAFRAWI receivedregular IHOP Corporate
reviewsof the operating expensesand balancesheets that showed the costs deducted from gross
sales reflected in net sales After AUlUMN LEETANGAS became FBC in 2004 such thorough
PAGE 14 5WTOL NEWSOS232012 1144 4192447104
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29
reviews ceased entirely TAREKELKAFRAWI thereafter devised various schemesto
manipulate the MICROS system in order to create lower-than actual weekly net sales
109Onesuch schemewas to simply tum the MICROS system otT so sales werenot
recorded
110Additionally TAREK ELKAFRAWI instructed his lHOP managers to voidsales
entirelyor to givesignificant discounts to tickets after the ticket had been paid for by thecustomer
and closed
11 J Othercosts chargedagainst grosssales includedunit promotions contests
maintenance andpayouts for whichno documentation was provided In fact these were cash
distributions toTAREK ELKAFRAWI and other employees representingunreported income
112TAREK ELKAFRAWI also woulddeposit rebatecheeks from vendors into the
CentrallHOP account however he would direct his accountants to reflect the deposit as a loan
from officer rather than as incomefrom a rebate This fraudulent representation created an
additional debt on the balance sheet of Central JHOP thus giving the appearancethat the
restaurantwas encumbered with debt and operating expenses and not profitable
1t3 Asa result of these schemes TAREK ELKAFRAWI created the appearance through
his weeklysalesfigures that the CentrallHOP store wasseverely underperforming
114 SInce 2007 TAREK ELKAFRAWI with the help of AUruMN LEETANGAS
applied for rentand royalty reliefpayments from IHOPCorporate Based on the fraudulent
weeklynet sales reports and the annual recommendation of AUlUMN LEE TANOASTAREK
ELKAFRAWIreceived approximately $2300 a week in rentas well as royaltyrelief from HOP
Corporate to which he otherwisewJ not entitled
OS232012 1144 4192447104 WTOL NEWS PAGE 15 5
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30
116 ThesereHefpayments werememorialized in annualcontractsamending the franchise
agreement for eachyear to retlect the newrelief payment agreement Thesecontracts were mailed
from mop Corporate headquarters in Glendale California to Toledo Ohio after the FBCand
RD memos were submitted and approved
117 Onor abouteach of the dates set forth below in the Northern District of Ohio
Western Division and elsewhere for the purpose of executing and attempting to execute the
abovedescribed scheme and artifice 10defraud DefendantsTAREK ELKAFRAWI and
AUTUMNLEE TANOAS knowingly caused to be placed into any post office or authorized
depository for mail matterany matteror thingto be sentand deliveredby the US Postal Service
and caused to be deposited any matterto be sent or delivered by privateand commercial interstate
carrier the following matterfrom Glendale California to Toledo Ohioeach mailing constituting
a separate count
COVNT3
~ SENDER MAJLMATIER
September 24 2007 IHOP Corporate mailing of Amended ReliefContract
COUNL4
June5 2008 IHOPCorporate mailing ofAmended ReliefContract
COUNTS
August 172009 lHOP Corporate mailing of Amended Relief Contract
CQUNT6
May 25 20)0 IHOP Corporate mailing of Amended Relief Contract
OS232012 1149 4192447104 WTOL NEWS PAGE 0115
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31
COuNT 7
May 162011 IHOPCorporate mailing of Amended Relief Contract
All in violation ofTitle l8 United States Code Section 1341
COUNTS
(Health Care FraudTitle 18 USC Sections 1347and 2)
The Grand Jury further charges that
118The allegations contained in 1-16and 18-102of this Indictment are re-allegedand
herebyincorporated byreferenceas if fullyset forth herein
119Using the methodsdescribed in Paragraphs 60-78 TAREK ELKAFRAWr and
others known to the Orand Jury submitted fraudulent reports to BWe resulting in BWe
undercbarging the Airport Highway IHOP
120 From on or about June 4 2004 to the date of this Indictment in the NorthernDistrict
of Ohio Western Division and elsewhere TAREK ELKAFRAWI and others known to the
Orand Jury having devised and intendingto devise B scheme and artifice to defraud the Ohio
Bureauof Workers Compensation (BWe) a healthcare benefit program as defined in Title 18
United States CodeSection24(b) of money by means ofmateriaJly false representations and
promises that was and is in connectionwith the paymentfor health care benefits items IUId
services did knowingly and willfully execute the aforesaid scheme
In violation of Title 18 UnitedStates Code Sections 1347and 2
PAGE 0215WTOL NEWSOS232012 1149 4192447104
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COLlNT9
(Health Care FraudTitle 18 USC Sections 1347and 2)
The Orand Jury further charges that
121 The allegations contained in paragraphs )-16 and 18102 of this Indictmentare reo
alleged and herebyincorporatedby reference as if fully set forth herein
122 Using the methodsdescribed in Paragraphs60-78 TAREK ELKAFRAWI and
others known to the Orand Jury submitted fraudulent reports to Bureau of Workers Compensation
(BWC)resulting in BWe undercharging theTalmadge IHOP
123 From on or about June 4 2004 to the date of this Indictment in the Northem District
ofOhio Western Divisionand elsewhere TAREK ELKAFRAWI and others known to the
Grand Jury having devised and intendingto devisea scheme and artifice to defraud the Ohio
awe a health carebenefit program as defined in Title )8 t United States CodeSection 24(b) of
moneyby means of materially false representations and promises that was and is in connection
with the paymentfor health care benefits hems and services did knowinglyand willfullyexecute
theaforesaid scheme
In violation of Title 18 UnitedStatesCode Sections 1347 and 2
CQUNTlll
(Health Care FraudTitle 18USC Sections 1347and 2)
The Orand Jury further charges that
124 Theallegations contained in paragraphs 1-16 and 18-102 of this Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
PAGE 0315WTOL NEWSOS232012 1149 4192447HI4
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33
125 Using themethods described in Paragraphs 60-78 TAREK ELKAFRAWI and
others known to the OrandJury submitted fraudulent reports to BWC resulting in BWC
undercharging the Lima IHOP
126 From on or about August 31 2007 through the date of this Indictment in the
Northern District of Ohio Western Divisionand elsewhereTAREK BLKAFRAWIand others
known to the GrandJury havingdevisedand intendingto devise a scheme and artifice to defraud
the Ohio Bureau of Workers Compensation (BWe) a health care benefit program as defined in
Title 18 United StatesCode Section24(b) of money by means of materially false
representations and promises that wasand is in connection with the payment for health care
benefits items and services did knowingly and willfullyexecute the aforesaid scheme
In violationof Title 18UnitedStates Code Sections 1347and 2
COUNT 11
(Health Care Fraud Title 18 USC Sections 1347and 2)
The Grand Jury furtherchargesthat
127The allegations contained in paragraphs 1-16and 18-102of this Indictment are reshy
allegedand herebyincorporated by reference as if fully set forth herein
128 Using the methods described in Paragraphs60-78 TAREK ELKAFRAWI and
others known to the OrandJury submitted fraudulent reports to Bwe resulting in awe
undercharging the Findlay IHOP
129 From on or aboutMay 102004 through the date of this Indictment in the Northern
Districtof Ohio Western Division and elsewhere TAREK ELKAFRAWI and others knownto
theGrand Jury havingdevised and intending to devise a scheme and artifice to defraud the Ohio
Bureau of WorkersCompensation (BWe) a health care benefit program as defined in Title 18
4) lL44Hl4 WIUL NIW~
Case 312-cr-00262-DAK Doc 1 Filed 052212 34 of 65 PagelD 34
34
United StatesCode Section 24(b) of moneyby meansof materially false representations and
promises that wasand is in connection with the payment for healthcare benefits items and
services did knowingly and willfully execute the aforesaidscheme
In violation of Title 18 United States Code Sections 1347and 2
CoUNT12
(Health Care Fraud Title 18USC Sections 1347and 2)
The Orand Jut)I further charges that
130 The allegations contained in paragraphs Imiddot] 6 and 18-]02 of this Indictmentare reshy
alleged and hereby incorporated by reference as iffulJy set forth herein
13 l Usingthe methods described in Paragraphs 60-78 TAREK ELKAFRAWI and
others knownto the Orand Jury submitted fraudulent reports to BWe resulting in awe
undercharging the Central IHOP
132 From onor about February 28 2005 through the date of this Indictment in the
Northern Districtof Ohio Westem Division and elsewhere TAREKELKAFRAWI and others
known to the Grand Juryhavingdevisedand intending to devisea scheme and artifice to defraud
the Ohio Bureau of Workers Compensation (BWC) a health care benefitprogram as defined in
Title 18 United States CodeSection24(b) of money by means ofmaterially false
representations and promises that was and Is in connection with the paymentfor health care
benefits items and services did knowingly and willfully executethe aforesaid scheme
In vioJation of Title 18 United States Code Sections 1347and 2
41 I~4411~4 WIUL N~W~
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3S
COUNT 13
(HealthCare Fraud Title 18 USC Sections 1347 and 2)
The Grand Jury furtherchargesthat
133The allegationscontained in paragraphs 1middot16 and 18middot102 of this Indictment are reshy
alleged and herebyincorporated by reference 8$ if fullyset forth herein
134 Using the methodsdescribed in Paragraphs 6Q78 TAREK ELKAFRAWI and
others known to the GrandJury submitted fraudulent reports to awc resulting in awe
undercharging the Perrysburg JHOP
135 From on or about August 30 2005 through the date ofthis Indictment in the
Northern District of Ohio Western Division and elsewhere TAREK ELKAFRAWI and others
known to the GrandJury having devised and intending to devise a scheme and artifice to defraud
the Ohio Bureauof WorkersCompensation(BWC) a health care benefit program as defined in
Title 18 United States Code Section 24(b) of money by means of materially false
representations and promises that was and is in cenneetlon with the payment for health care
benefits items and services did knowinglyand willfullyexecute the aforesaid scheme
In violationofTitle 18United StatesCode Sections 1347 and 2
COUNTS 14-17
(Mail Fraud Title 18 USC Section J341)
The Grand Jury furthercharges that
136 The allegations containedin paragraphs 1-16 and 18middot102 of this Indictmentare reshy
alleged and hereby incorporatedby referenceas if fully set forth herein
131 Fromon or about January 30 20ll through on or about April 10201 I in the
Northern District of Ohio Western Division and elsewhere Defendants TAREK ELKAFRAWI
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36
and TAREK EIDOMARdevised and intended to devisea scheme and artifice to deframiddotud and to
obtain moneyfrom THOP Corporate by meansof materially false and fraudulent pretenses
representations and promises
MANNER AND MEANS
(t was part of the schemeand artifice that
]38 Using the methods described in Paragraphs 46-54 and 71-78 TAREK ELKAFRAWI
and TAREK EIDOMARmanipulated the SABLE Pointof Sale system to fraudulently report
debits and charges in order to hide the removal of cashdirectly from the Evansville IHOP
TAREK EID OMARat the direction of TAREKELKAFRAWI would then producea fraudulent
PampL report and mail it using the United States PostalService to provide that report to
Management Services in Wichita Falls Texas
139 Onor about each ofthe dates set forth below in the Northern District of Ohio
Western Division andelsewhere for the purpose ofexecutingand attempting to executethe
above described scheme and artifice to defraudTAREK ELKAFRAWI and TAREK EID OMAR
knowingly caused to be placed into any post office or authorized depository for mail matterany
matteror thingto besent and delivered by the US Postal Services and caused to be deposited any
matter to be sent or delivered by privateand commercial interstatecarrier the following matter
from Toledo Ohioand Evansville Indianato WichitaFallsTexas each mailingconstituting a
separate count
COUNT 14
Mm SENDER MAIL MAUER
January 302011 TAREK EID OMAR PampL report
OS232012 1149 419~447104 WTOL NEWS PAGE 0715
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37
COUNT 15
February14 2011 TAREK BID OMAR PampL report
COUNT 16
March 28 20II TAREKEID OMAR PampL report
COUNT 17
April 102011 TAREK EJD OMAR PampL report
All in violation ofTitle 18UnitedStates Code Sections 341 and 2
COUNT 18
(Use of Fire to Commit a Felony Title 18 USC Sections 844(h) and 2)
TheGrand Jury further charges that
140The allegations contained in paragraphs 1-16 and 18-102 ofthis Indictmentarc reshy
alleged and hereby incorporatedby reference as if fully set forth herein
141On or about August 10 and II 2008 [n the Northern Districtof Ohio Westem
DivisionTAREK ELKAFRAWI and JOSE LEON-GONZALEZ knowingly used fire to commit
Mail Fraud a felony prosecutable in a court of the United States
In violation ofTitle 18 United States Code Sections 844(h) and 2
COUNTl2
(Malicious Use of Fire Title 18 USC Sections 844(i) and 2)
The Grand Jury further charges that
142 The allegations contained in paragraphs 1-16and 18-102 ofthls Indictmentare reo
alleged and hereby incorporated by reference as if fully set forth herein
WTOL NEWS PAGE 0815OS232012 1149 4192447104
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38
143 On or about August 10and II 2008 in the Northern District of Ohio Western
Division TAREK ELKAFRAWIand JOSE LEON-GONZALEZ maliciously damaged bymeans
of fire and explosivematerialsa buildinglocated at 7777 Countymiddot Road 136 Findlay Ohio used
in interstatecommerce
In violation of Title 18 UnitedStates Code Sections 844(i) and 2
coUNtS 0-28
(Mail FraudTitle] 8 USCSection 1341)
The Grand Jury furthercharges that
144 The allegations containedin paragraphs 1-16and I8-102 of this lndictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
145 Fromapproximately the month of July 2008 the exact date unknownto the Grand
Jury through On or about October 27 2009 in the Northern District of Ohio Western Division
and elsewhereTAREK ELKAFRAWI devisedand intended to devise 8 scheme and artifice to
defraudFarmers InsW1J1ce Group and to obtain moneyand property by meansof false and
fraudulent pretenses representations and promises
146 It was part of the schemeand artificeto defraud that TAREK ELKAFRAWI would
submit traudulent invoices to FarmersInsuranceGroup under PolicyNumber 602926772 for
work that was not performed or performed at a lower invoice
147It was a furtherpart of the scheme and artifice that TAREK ELKAFRAWI submitted
claims forpayroll costs that were completely illusorybecause the requested claimswere for
periods the restaurant was closed and had no employees
~~~J2012 1149 4192447104
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39
148 It was a furtherpart of the sc erne and artifice that all checks were sent directly to
TAREKELKAFRAWI at the Terry Elk G~OUP not the Findlay lHOP
149On or about each of the dates bet forth below in the Northern District of Ohio
Western Division and elsewhere for the Jurpose of executing and attempting to execute the
above described scheme and artifice to delud TAREK ELKAFRAWI knowinglycaused to be
placed into any post office or authorized dlpository for mail matterany matter or thing to be sentI
and dellvered by the US Postal Service Jd caused to be deposited any matter to be sent or
delivered by private and commercial inters~te carrier the following matter from the state of
Illinois to Toledo Ohio each mailingcon~itUting a separate count
October 17 2008
October22 2008
January 262009
October21 2009
September22 2008
January 26 2009
SENDER
Fanners Insurance
Farmers Insurance
Farmers Insurance
Farmers Insurance
FarmersInsurance
Farmers Inswance
CO 20
M61LMAmR
$S5947S 1check to Terry Elk Group
21
I $45581367 check to Terry Elk Group
~ I $24444302 check to Terry Elk Group
~ I $2262384 check to Terry Elk Group
bOUNTM
I $2500000 check to Terry Elk Croup
~ $15684795 check to Terry Elk Group
PAGE 1015WTOL NEWS05232012 1149 4192447104
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40
COUNT 26
October ~ I 2009 Farmers Insurance $4285205 check to Terry Elk Group
COUNT 27
February 172009 Farmers Insurance $20867200check to Terry Elk Group
COUNT 21
October 27 2009 FarmersInsurance $15226400 check to Terry Elk Group
All in violationofTitle 18 United States Code Section 1341
COUNT 29
(Aggravated IdentityTheft Title 18 USC Section 1028A and 2)
The OrandJury furthercharges that
ISO The allegations contained in paragraphs 1-16and 18~102 of this Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
J51 Onorabout October9 2007 in the Northem District of9hlo Western Division
TAREK ELKAFRAWI did knowinglyuse without lawftllauthority a means of identification of
another personduring and in relation to the commission ofWire Fraud a violation ofride 18
United States Code Section 1343
In violation of Title 18 United States Code Sections I028A(a)(1) and 2
CQVNT30
(Aggravated Identity Theft T~tle is USC Section l028A and 2)
The Grand Jury further charges that
152 The allegations eontained in paragraphs 1-16 and 18-102 of this Indictment are reshy
alleged and hereby incorporated by reference as if fully set forth herein
05232012 1149 4192447104 WTOL NEWS PAGE 111 5
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41
153 On or about May 192008 in the Northern District of Ohio Western Division
TAREK ELKAFRAWIdid knowingly use without lawfulauthoritya means of identification of
another personduringand in relation to the commission of Wire Fraud a violation ofTitle 1g
United StatesCodeSection I~43
In violation of TitJe J8 UnitedStates Code Sections 1028A(a)(I) and 2
COUNT31
(Aggravated IdentityTheftTitle 18USC Section J028A and 2)
The Orand Jury furthercharges that
154 The allegations contained in paragraphs 1-l6- and 18middot102 of this Indictment are reshy
alleged and herebyincorporated by reference as if fully set forth herein
155 On or aboutJuly 132Q09 in the Northern District of Ohio Western Division
TAREK ELKAFRAWIj did knowingly use without lawfuJ authority a means of identification of
another personduring and in relation to the commission of Wire Fraud a violation of Title 18
United StatesCodeSection 1343
In violationofTitle 18 United States Code Sections 1028A(aXl) and 2
COlNT32
(Aggravated IdentityTheft Title 18USC Sectlon J028A and 2)
The Grand Jury furthercharges that
J56 Theallegations contained in paragraphs1-16and 184 J02 of this Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
157On or about May3l 2009 in theNorthern Districtof Ohio Western Division
TAREK ELKAFRAWI did knOWingly use without lawful authoritya means of identification of
OS232012 1149 4192447104 WTOL NEWS
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42
another person during and in relation to the commission of Wire Fraud a violation of Title 18
United States Code Section 1343
In violation ofTitle 18 United States Code Sections 1028A(a)(I) and 2
COUNT 33
(Aggravated Identity Theft Title 18 UsC Section l028A and 2)
The GrandJury further charges that
138 The allegationscontainedin paragraphs 1-16 and 18-]02 of this Indictment are reshy
alleged and herebyincorporated by reference as if fullyset forth herein
159 On or about October 22008 in the Northern District of Ohio Westem Division
TAREK ELKAFRAWI did knowingly use without lawfulauthority a means of identification of
another personduring and in relation to the commission of Wire Fraud a violationof Title 18
United States Code Section 1343
In violationof TItle ]8 United States Code Sections 1028A(a)(I) and 2
CQVNT34 (Aggravated IdentityTheft Title 18 USC Section 1028A and 2)
The Grand Jury furtherchargesthat
160 The allegationscontained in paragraphs 1-16and 18-102ofthis Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
16t Onor about January27 2008 in the Northern District of Ohio WesternDivision
TAREK ELKAFRAWI did knowinglyuse without lawfulauthority a means of identification of
anotherpersonduringand in relation to the commissionofWire Fraud a violation ofTitJe 18
United States Code Section 1343
In violation of Title 18United States Code Sections l028A(a)(1) and 2
I I
WTOL NEWS PAGE 13115OS232012 1149 4192447104 I
Case 312-cr-00262-DAK Doc 1 Filed 052212 43 of 65 PagelD 43
43
COUNT 35 (AggravatedIdentityTheft Title 18USC Section 1028A and 2)
The Grand Jury further charges that
162The allegations contained in paragraphs I-16 and 18-102 of this Indictment are reshy
alleged and herebyincorporated by reference as jf fully set forth herein
163On or about March 72009 in the NorthernDistrict of Ohio Western Division
TAREK ELKAFRAWI and KHALED YOUSEF did knowinglyuse without lawful authority a
means of identification of another personduringand in relation to the commission of Wire Fraud
a violation of Title 18 United States Code Section 1343
In violationof Title 18 United States Code Sections 1028A(a)(1)and 2
COUNT 36
(Aggravated IdentityTheft Title 18 USC Section 1028Aand 2)
The GrandJury further charges that
164 The allegations contained in paragraphs 1-16 and 18-102 of this Indictmentare reshy
allegedand hereby incorporated byreferenceas if fully set forth herein
16S On or about March tS 2009 in the Northern District of Ohio Western Division
TAREK ELKAFRAWI and KHALED YOUSEF did knowinglyuse without lawful authority a
means of identification of another person duringand in relation to the commission of WireFraud
a violation of Title 18United States Code Section 1343
In violation ofTitle 18United States Code Sections l028A(a)(1) and 2
~~~~2012 1149 4192447104 wloe NEWS
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44
COUNT 37
(Aggravated Identity The~ Title 18 USC Section l028A and 2)
The GrandJury further charges that
166 Theallegations contained in paragraphs 1-16 and 18-] 02 of this Indictment are reshy
alleged and hereby incorporated byreference as if fully set forth herein
167 On or aboutJuly 21 2009 in the Northern District of Ohio Western Division
TAREK ELKAfRAWI and RAMIZAWWAO did knowingly use without lawful authority a
means of identification of anotherperson duringand in relation to the commission of WireFraud
a violation of Title 18United States Code Section 1343
In violation ofTitle 18 UnitedStates Code Sections l028A(a)(1) and 2
cOUNT38
(Aggravated Identity TheftTitle 18 USC Section 1028A and 2)
The Grand Juryfurthercharges that
168Theallegations contained in paragraphs 1-16 and t8-102 of this Indictment are reshy
alleged and hereby incorporated by reference 8S if fully set forth herein
169 On or about July 132009 in the NorthernDistrict ofOhio WesternDivision
TAREK ELKAFRAWIand IAMIL MOHAMMED AWWAD did knowingly use withoutlawful
authority a meansof identification of another person during and in relation to the commission of
Wire Fraud a violation ofTitle 18 United States Code Section 1343
In violation of Title 18 United States CodeSections l028A(a)(1) and 2
11 4l 41 l~44 IUl4 WIUL NIWl
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45
COUNT 39
(Identity Theftt Title 18 USC Sections 1028 and 2)
The Grand Jury further charges that
170 The allegationscontained in paragraphs 1-16 and 18-102 of this Indictment are reshy
alleged and hereby incorporated by reference as if fully set forth herein
171 On or about December132010 in the Northern District orOhio Western Division
TAREKELKAFRAWI and DONNA J HARRIOTTt did knowingly use in or affectinginterstate
or foreigncommerce without lawful authority a means of identification ofanother person to wit
s social securitynumber and date of birth with the intent to commit or to aid or abet or in
connectionwith any unlawful activitythat constitutes Wire Fraud 8 violation of 18USC
sect1343 and the offense involved the useof an authentication feature that is or appears to be an
identification document or authentication feature issued by Or under the authority of the United
States
All in violation ofTitle 1St United States Code Sections 1028(a)() (b)(l )(A)(l) and (f)
and 2
COUNI40
(Identity Theft Title 18USCbull Sections 1028and 2)
TheGrand Juryfurther chargesthat
172The allegationscontained in paragraphs 1-16 and J8middot102 of this Indictment are reo
allegedand hereby incorporated by referenceas if fully set forth herein
173On or about May42010 in the Northern District ofOhio Western Division
TAREK ELKAFRAWI and SARA RINEBOLT did knowingly use in or affecting interstate or
41 1pound44 (1~4 WIUL N~W~
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26
indictment) Those funds have been used in part to purchase real estate and to make investments
in Egypt
All in violation of Title 18 United States Code Section I956(h)
COVNTl
(Conspiracy to HarborAliens Title 8 UsC Sections t324(a)(l)(AXiii) and I324(a)(1)(AXv)(I)
The Orand Jury furthercharges that
I03 Paragraphs 1-16and 18-I02 are re-alleged and hereby incorporated by referenceas if
fully set forth herein
104 From at least as early as January2004 the exact date to the Grand Jury unknown
through at least December31 2011 in the Northern District of Ohio Western Division and
elsewhere the DefendantsTAREK ELKAFRAWI KELLY ELKAFRAWI AU11JMN LEE
TANGAS MK JOSE LEONmiddotGONZALEZ aka Jose Leon aka Jose Vargas aka Juan Vargas
aka Edwin MartelTAREK ElD OMAR CARLOS GAMBOA KHALED YOUSEF RAMIZ
AWWAD aka Ray JAMIL MOHAMMAD AWWAD KHALIL ABOUDAKKA MAHMOUD
ALI MOHAMED HASSANDONNAJ HARRIOIT LUCKY WILLIAMS and CESAR
AVILA did knowingly and intentionally combine conspire and confederate with each other and
with others known and unknown to the Grand Jury to conceal harbor and shield from detection
one or more aliens namely FJV-PJOSE LEON-GONZALEZ aka lose Leon aka Jose Vargas
aka Juan Vargas aka Edwin Martel MT-C C V V-A S L CESAR AVILA CARLOS
GAMBOAE M A M A G F G J LNU J LNU and approximately two hundred other
aliens known to the Grand Jury In several buildings including but not limited to the Perrysburg
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27
Findlay Lima Airport Highway Central Talmadge and Evansville JHOPs as wellas 801 Hiltop
and 4020 RoyerRoad in ToledoOhio knowingand in recklessdisregard of the fact that the
aUen(s) had cometo entered and-remained in the United States In violation of law
A) 11 waspart of the conspiracy that the managers of (HOP restaurants
would hire undocumented aliens to workat the mops after clearingthe
hires with MK or TAREKELKAFRAWI
B) It was further part ofthe conspiracy that undocumented aliens would be
paid in cashuntil theyobtained fraudulent immigration and workdocuments
C) It was funher part of the conspiracy that co-conspirators sometimes would
assist the aliensin finding lodging and in cashing checksat the mop
or bankinginstitutions
D) It was further part oCthe conspiracy that undocumented aliens often would
be paid usinga fake name Or check name
E) It was further part of the conspiracy that the undocumented aliens sometimes
would be transported to other HOP restawant locations to work
F) It was further part ofthe conspiracy that co-conspirators sometimes would
assign to the undocumented aliens the socialsecurity numbers and personal identifierS of
former employees to shield the illegalworkers from discovery
All in violation of Title 8 United States Code Sections 1324(a)(l)(A)(iii) and
1324(a)(1 )(A)(v)(I)~
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28
WVNTS3~7
(Mail Fraud Title 18USCbull Section 1341)
The Grand Jury furthercharges that
t OS The allegatiens contained in paragraphs Imiddot16 and 18middot02 of this Indictment are reo
allegedand hereby incorporated by referenceas if fully set forth herein
106 From on or about August 192003 to the dateof this Indictment in the Northern
District or OhioWestern Division and elsewhere TAREK ELKAFRAWI AUTUMNLEE
TANGAS andMK (not charged in this Indictment) devisedand intended to devise a scheme
and artifice to defraud IHOPCorporateand to obtain money and property by meansof materially
false and fraudulent pretensesrepresentations and promises
MANNER AND MEANS
107It waspart of the scheme that TAREK ELKAFRAWI through the use of the
MICROS system knew that sales were obtainedby IHOP Corporate on 8 weeklybasis through an
automatic remote uploading ofdata TAREK ELKAFRAWI knew that IHOP Corporateused the
weeklynet sales figures to determine the weeklyroyalty and rent amount owed byeach franchise
likewisehe knewthat IHOPCorporatedid not examine the weekly deductions from grosssales
that resulted in the net sales figures
108 In fact prior to 2004 TAREK ELKAFRAWI receivedregular IHOP Corporate
reviewsof the operating expensesand balancesheets that showed the costs deducted from gross
sales reflected in net sales After AUlUMN LEETANGAS became FBC in 2004 such thorough
PAGE 14 5WTOL NEWSOS232012 1144 4192447104
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29
reviews ceased entirely TAREKELKAFRAWI thereafter devised various schemesto
manipulate the MICROS system in order to create lower-than actual weekly net sales
109Onesuch schemewas to simply tum the MICROS system otT so sales werenot
recorded
110Additionally TAREK ELKAFRAWI instructed his lHOP managers to voidsales
entirelyor to givesignificant discounts to tickets after the ticket had been paid for by thecustomer
and closed
11 J Othercosts chargedagainst grosssales includedunit promotions contests
maintenance andpayouts for whichno documentation was provided In fact these were cash
distributions toTAREK ELKAFRAWI and other employees representingunreported income
112TAREK ELKAFRAWI also woulddeposit rebatecheeks from vendors into the
CentrallHOP account however he would direct his accountants to reflect the deposit as a loan
from officer rather than as incomefrom a rebate This fraudulent representation created an
additional debt on the balance sheet of Central JHOP thus giving the appearancethat the
restaurantwas encumbered with debt and operating expenses and not profitable
1t3 Asa result of these schemes TAREK ELKAFRAWI created the appearance through
his weeklysalesfigures that the CentrallHOP store wasseverely underperforming
114 SInce 2007 TAREK ELKAFRAWI with the help of AUruMN LEETANGAS
applied for rentand royalty reliefpayments from IHOPCorporate Based on the fraudulent
weeklynet sales reports and the annual recommendation of AUlUMN LEE TANOASTAREK
ELKAFRAWIreceived approximately $2300 a week in rentas well as royaltyrelief from HOP
Corporate to which he otherwisewJ not entitled
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30
116 ThesereHefpayments werememorialized in annualcontractsamending the franchise
agreement for eachyear to retlect the newrelief payment agreement Thesecontracts were mailed
from mop Corporate headquarters in Glendale California to Toledo Ohio after the FBCand
RD memos were submitted and approved
117 Onor abouteach of the dates set forth below in the Northern District of Ohio
Western Division and elsewhere for the purpose of executing and attempting to execute the
abovedescribed scheme and artifice 10defraud DefendantsTAREK ELKAFRAWI and
AUTUMNLEE TANOAS knowingly caused to be placed into any post office or authorized
depository for mail matterany matteror thingto be sentand deliveredby the US Postal Service
and caused to be deposited any matterto be sent or delivered by privateand commercial interstate
carrier the following matterfrom Glendale California to Toledo Ohioeach mailing constituting
a separate count
COVNT3
~ SENDER MAJLMATIER
September 24 2007 IHOP Corporate mailing of Amended ReliefContract
COUNL4
June5 2008 IHOPCorporate mailing ofAmended ReliefContract
COUNTS
August 172009 lHOP Corporate mailing of Amended Relief Contract
CQUNT6
May 25 20)0 IHOP Corporate mailing of Amended Relief Contract
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31
COuNT 7
May 162011 IHOPCorporate mailing of Amended Relief Contract
All in violation ofTitle l8 United States Code Section 1341
COUNTS
(Health Care FraudTitle 18 USC Sections 1347and 2)
The Grand Jury further charges that
118The allegations contained in 1-16and 18-102of this Indictment are re-allegedand
herebyincorporated byreferenceas if fullyset forth herein
119Using the methodsdescribed in Paragraphs 60-78 TAREK ELKAFRAWr and
others known to the Orand Jury submitted fraudulent reports to BWe resulting in BWe
undercbarging the Airport Highway IHOP
120 From on or about June 4 2004 to the date of this Indictment in the NorthernDistrict
of Ohio Western Division and elsewhere TAREK ELKAFRAWI and others known to the
Orand Jury having devised and intendingto devise B scheme and artifice to defraud the Ohio
Bureauof Workers Compensation (BWe) a healthcare benefit program as defined in Title 18
United States CodeSection24(b) of money by means ofmateriaJly false representations and
promises that was and is in connectionwith the paymentfor health care benefits items IUId
services did knowingly and willfully execute the aforesaid scheme
In violation of Title 18 UnitedStates Code Sections 1347and 2
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32
COLlNT9
(Health Care FraudTitle 18 USC Sections 1347and 2)
The Orand Jury further charges that
121 The allegations contained in paragraphs )-16 and 18102 of this Indictmentare reo
alleged and herebyincorporatedby reference as if fully set forth herein
122 Using the methodsdescribed in Paragraphs60-78 TAREK ELKAFRAWI and
others known to the Orand Jury submitted fraudulent reports to Bureau of Workers Compensation
(BWC)resulting in BWe undercharging theTalmadge IHOP
123 From on or about June 4 2004 to the date of this Indictment in the Northem District
ofOhio Western Divisionand elsewhere TAREK ELKAFRAWI and others known to the
Grand Jury having devised and intendingto devisea scheme and artifice to defraud the Ohio
awe a health carebenefit program as defined in Title )8 t United States CodeSection 24(b) of
moneyby means of materially false representations and promises that was and is in connection
with the paymentfor health care benefits hems and services did knowinglyand willfullyexecute
theaforesaid scheme
In violation of Title 18 UnitedStatesCode Sections 1347 and 2
CQUNTlll
(Health Care FraudTitle 18USC Sections 1347and 2)
The Orand Jury further charges that
124 Theallegations contained in paragraphs 1-16 and 18-102 of this Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
PAGE 0315WTOL NEWSOS232012 1149 4192447HI4
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33
125 Using themethods described in Paragraphs 60-78 TAREK ELKAFRAWI and
others known to the OrandJury submitted fraudulent reports to BWC resulting in BWC
undercharging the Lima IHOP
126 From on or about August 31 2007 through the date of this Indictment in the
Northern District of Ohio Western Divisionand elsewhereTAREK BLKAFRAWIand others
known to the GrandJury havingdevisedand intendingto devise a scheme and artifice to defraud
the Ohio Bureau of Workers Compensation (BWe) a health care benefit program as defined in
Title 18 United StatesCode Section24(b) of money by means of materially false
representations and promises that wasand is in connection with the payment for health care
benefits items and services did knowingly and willfullyexecute the aforesaid scheme
In violationof Title 18UnitedStates Code Sections 1347and 2
COUNT 11
(Health Care Fraud Title 18 USC Sections 1347and 2)
The Grand Jury furtherchargesthat
127The allegations contained in paragraphs 1-16and 18-102of this Indictment are reshy
allegedand herebyincorporated by reference as if fully set forth herein
128 Using the methods described in Paragraphs60-78 TAREK ELKAFRAWI and
others known to the OrandJury submitted fraudulent reports to Bwe resulting in awe
undercharging the Findlay IHOP
129 From on or aboutMay 102004 through the date of this Indictment in the Northern
Districtof Ohio Western Division and elsewhere TAREK ELKAFRAWI and others knownto
theGrand Jury havingdevised and intending to devise a scheme and artifice to defraud the Ohio
Bureau of WorkersCompensation (BWe) a health care benefit program as defined in Title 18
4) lL44Hl4 WIUL NIW~
Case 312-cr-00262-DAK Doc 1 Filed 052212 34 of 65 PagelD 34
34
United StatesCode Section 24(b) of moneyby meansof materially false representations and
promises that wasand is in connection with the payment for healthcare benefits items and
services did knowingly and willfully execute the aforesaidscheme
In violation of Title 18 United States Code Sections 1347and 2
CoUNT12
(Health Care Fraud Title 18USC Sections 1347and 2)
The Orand Jut)I further charges that
130 The allegations contained in paragraphs Imiddot] 6 and 18-]02 of this Indictmentare reshy
alleged and hereby incorporated by reference as iffulJy set forth herein
13 l Usingthe methods described in Paragraphs 60-78 TAREK ELKAFRAWI and
others knownto the Orand Jury submitted fraudulent reports to BWe resulting in awe
undercharging the Central IHOP
132 From onor about February 28 2005 through the date of this Indictment in the
Northern Districtof Ohio Westem Division and elsewhere TAREKELKAFRAWI and others
known to the Grand Juryhavingdevisedand intending to devisea scheme and artifice to defraud
the Ohio Bureau of Workers Compensation (BWC) a health care benefitprogram as defined in
Title 18 United States CodeSection24(b) of money by means ofmaterially false
representations and promises that was and Is in connection with the paymentfor health care
benefits items and services did knowingly and willfully executethe aforesaid scheme
In vioJation of Title 18 United States Code Sections 1347and 2
41 I~4411~4 WIUL N~W~
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3S
COUNT 13
(HealthCare Fraud Title 18 USC Sections 1347 and 2)
The Grand Jury furtherchargesthat
133The allegationscontained in paragraphs 1middot16 and 18middot102 of this Indictment are reshy
alleged and herebyincorporated by reference 8$ if fullyset forth herein
134 Using the methodsdescribed in Paragraphs 6Q78 TAREK ELKAFRAWI and
others known to the GrandJury submitted fraudulent reports to awc resulting in awe
undercharging the Perrysburg JHOP
135 From on or about August 30 2005 through the date ofthis Indictment in the
Northern District of Ohio Western Division and elsewhere TAREK ELKAFRAWI and others
known to the GrandJury having devised and intending to devise a scheme and artifice to defraud
the Ohio Bureauof WorkersCompensation(BWC) a health care benefit program as defined in
Title 18 United States Code Section 24(b) of money by means of materially false
representations and promises that was and is in cenneetlon with the payment for health care
benefits items and services did knowinglyand willfullyexecute the aforesaid scheme
In violationofTitle 18United StatesCode Sections 1347 and 2
COUNTS 14-17
(Mail Fraud Title 18 USC Section J341)
The Grand Jury furthercharges that
136 The allegations containedin paragraphs 1-16 and 18middot102 of this Indictmentare reshy
alleged and hereby incorporatedby referenceas if fully set forth herein
131 Fromon or about January 30 20ll through on or about April 10201 I in the
Northern District of Ohio Western Division and elsewhere Defendants TAREK ELKAFRAWI
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36
and TAREK EIDOMARdevised and intended to devisea scheme and artifice to deframiddotud and to
obtain moneyfrom THOP Corporate by meansof materially false and fraudulent pretenses
representations and promises
MANNER AND MEANS
(t was part of the schemeand artifice that
]38 Using the methods described in Paragraphs 46-54 and 71-78 TAREK ELKAFRAWI
and TAREK EIDOMARmanipulated the SABLE Pointof Sale system to fraudulently report
debits and charges in order to hide the removal of cashdirectly from the Evansville IHOP
TAREK EID OMARat the direction of TAREKELKAFRAWI would then producea fraudulent
PampL report and mail it using the United States PostalService to provide that report to
Management Services in Wichita Falls Texas
139 Onor about each ofthe dates set forth below in the Northern District of Ohio
Western Division andelsewhere for the purpose ofexecutingand attempting to executethe
above described scheme and artifice to defraudTAREK ELKAFRAWI and TAREK EID OMAR
knowingly caused to be placed into any post office or authorized depository for mail matterany
matteror thingto besent and delivered by the US Postal Services and caused to be deposited any
matter to be sent or delivered by privateand commercial interstatecarrier the following matter
from Toledo Ohioand Evansville Indianato WichitaFallsTexas each mailingconstituting a
separate count
COUNT 14
Mm SENDER MAIL MAUER
January 302011 TAREK EID OMAR PampL report
OS232012 1149 419~447104 WTOL NEWS PAGE 0715
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37
COUNT 15
February14 2011 TAREK BID OMAR PampL report
COUNT 16
March 28 20II TAREKEID OMAR PampL report
COUNT 17
April 102011 TAREK EJD OMAR PampL report
All in violation ofTitle 18UnitedStates Code Sections 341 and 2
COUNT 18
(Use of Fire to Commit a Felony Title 18 USC Sections 844(h) and 2)
TheGrand Jury further charges that
140The allegations contained in paragraphs 1-16 and 18-102 ofthis Indictmentarc reshy
alleged and hereby incorporatedby reference as if fully set forth herein
141On or about August 10 and II 2008 [n the Northern Districtof Ohio Westem
DivisionTAREK ELKAFRAWI and JOSE LEON-GONZALEZ knowingly used fire to commit
Mail Fraud a felony prosecutable in a court of the United States
In violation ofTitle 18 United States Code Sections 844(h) and 2
COUNTl2
(Malicious Use of Fire Title 18 USC Sections 844(i) and 2)
The Grand Jury further charges that
142 The allegations contained in paragraphs 1-16and 18-102 ofthls Indictmentare reo
alleged and hereby incorporated by reference as if fully set forth herein
WTOL NEWS PAGE 0815OS232012 1149 4192447104
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38
143 On or about August 10and II 2008 in the Northern District of Ohio Western
Division TAREK ELKAFRAWIand JOSE LEON-GONZALEZ maliciously damaged bymeans
of fire and explosivematerialsa buildinglocated at 7777 Countymiddot Road 136 Findlay Ohio used
in interstatecommerce
In violation of Title 18 UnitedStates Code Sections 844(i) and 2
coUNtS 0-28
(Mail FraudTitle] 8 USCSection 1341)
The Grand Jury furthercharges that
144 The allegations containedin paragraphs 1-16and I8-102 of this lndictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
145 Fromapproximately the month of July 2008 the exact date unknownto the Grand
Jury through On or about October 27 2009 in the Northern District of Ohio Western Division
and elsewhereTAREK ELKAFRAWI devisedand intended to devise 8 scheme and artifice to
defraudFarmers InsW1J1ce Group and to obtain moneyand property by meansof false and
fraudulent pretenses representations and promises
146 It was part of the schemeand artificeto defraud that TAREK ELKAFRAWI would
submit traudulent invoices to FarmersInsuranceGroup under PolicyNumber 602926772 for
work that was not performed or performed at a lower invoice
147It was a furtherpart of the scheme and artifice that TAREK ELKAFRAWI submitted
claims forpayroll costs that were completely illusorybecause the requested claimswere for
periods the restaurant was closed and had no employees
~~~J2012 1149 4192447104
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39
148 It was a furtherpart of the sc erne and artifice that all checks were sent directly to
TAREKELKAFRAWI at the Terry Elk G~OUP not the Findlay lHOP
149On or about each of the dates bet forth below in the Northern District of Ohio
Western Division and elsewhere for the Jurpose of executing and attempting to execute the
above described scheme and artifice to delud TAREK ELKAFRAWI knowinglycaused to be
placed into any post office or authorized dlpository for mail matterany matter or thing to be sentI
and dellvered by the US Postal Service Jd caused to be deposited any matter to be sent or
delivered by private and commercial inters~te carrier the following matter from the state of
Illinois to Toledo Ohio each mailingcon~itUting a separate count
October 17 2008
October22 2008
January 262009
October21 2009
September22 2008
January 26 2009
SENDER
Fanners Insurance
Farmers Insurance
Farmers Insurance
Farmers Insurance
FarmersInsurance
Farmers Inswance
CO 20
M61LMAmR
$S5947S 1check to Terry Elk Group
21
I $45581367 check to Terry Elk Group
~ I $24444302 check to Terry Elk Group
~ I $2262384 check to Terry Elk Group
bOUNTM
I $2500000 check to Terry Elk Croup
~ $15684795 check to Terry Elk Group
PAGE 1015WTOL NEWS05232012 1149 4192447104
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40
COUNT 26
October ~ I 2009 Farmers Insurance $4285205 check to Terry Elk Group
COUNT 27
February 172009 Farmers Insurance $20867200check to Terry Elk Group
COUNT 21
October 27 2009 FarmersInsurance $15226400 check to Terry Elk Group
All in violationofTitle 18 United States Code Section 1341
COUNT 29
(Aggravated IdentityTheft Title 18 USC Section 1028A and 2)
The OrandJury furthercharges that
ISO The allegations contained in paragraphs 1-16and 18~102 of this Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
J51 Onorabout October9 2007 in the Northem District of9hlo Western Division
TAREK ELKAFRAWI did knowinglyuse without lawftllauthority a means of identification of
another personduring and in relation to the commission ofWire Fraud a violation ofride 18
United States Code Section 1343
In violation of Title 18 United States Code Sections I028A(a)(1) and 2
CQVNT30
(Aggravated Identity Theft T~tle is USC Section l028A and 2)
The Grand Jury further charges that
152 The allegations eontained in paragraphs 1-16 and 18-102 of this Indictment are reshy
alleged and hereby incorporated by reference as if fully set forth herein
05232012 1149 4192447104 WTOL NEWS PAGE 111 5
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41
153 On or about May 192008 in the Northern District of Ohio Western Division
TAREK ELKAFRAWIdid knowingly use without lawfulauthoritya means of identification of
another personduringand in relation to the commission of Wire Fraud a violation ofTitle 1g
United StatesCodeSection I~43
In violation of TitJe J8 UnitedStates Code Sections 1028A(a)(I) and 2
COUNT31
(Aggravated IdentityTheftTitle 18USC Section J028A and 2)
The Orand Jury furthercharges that
154 The allegations contained in paragraphs 1-l6- and 18middot102 of this Indictment are reshy
alleged and herebyincorporated by reference as if fully set forth herein
155 On or aboutJuly 132Q09 in the Northern District of Ohio Western Division
TAREK ELKAFRAWIj did knowingly use without lawfuJ authority a means of identification of
another personduring and in relation to the commission of Wire Fraud a violation of Title 18
United StatesCodeSection 1343
In violationofTitle 18 United States Code Sections 1028A(aXl) and 2
COlNT32
(Aggravated IdentityTheft Title 18USC Sectlon J028A and 2)
The Grand Jury furthercharges that
J56 Theallegations contained in paragraphs1-16and 184 J02 of this Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
157On or about May3l 2009 in theNorthern Districtof Ohio Western Division
TAREK ELKAFRAWI did knOWingly use without lawful authoritya means of identification of
OS232012 1149 4192447104 WTOL NEWS
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42
another person during and in relation to the commission of Wire Fraud a violation of Title 18
United States Code Section 1343
In violation ofTitle 18 United States Code Sections 1028A(a)(I) and 2
COUNT 33
(Aggravated Identity Theft Title 18 UsC Section l028A and 2)
The GrandJury further charges that
138 The allegationscontainedin paragraphs 1-16 and 18-]02 of this Indictment are reshy
alleged and herebyincorporated by reference as if fullyset forth herein
159 On or about October 22008 in the Northern District of Ohio Westem Division
TAREK ELKAFRAWI did knowingly use without lawfulauthority a means of identification of
another personduring and in relation to the commission of Wire Fraud a violationof Title 18
United States Code Section 1343
In violationof TItle ]8 United States Code Sections 1028A(a)(I) and 2
CQVNT34 (Aggravated IdentityTheft Title 18 USC Section 1028A and 2)
The Grand Jury furtherchargesthat
160 The allegationscontained in paragraphs 1-16and 18-102ofthis Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
16t Onor about January27 2008 in the Northern District of Ohio WesternDivision
TAREK ELKAFRAWI did knowinglyuse without lawfulauthority a means of identification of
anotherpersonduringand in relation to the commissionofWire Fraud a violation ofTitJe 18
United States Code Section 1343
In violation of Title 18United States Code Sections l028A(a)(1) and 2
I I
WTOL NEWS PAGE 13115OS232012 1149 4192447104 I
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43
COUNT 35 (AggravatedIdentityTheft Title 18USC Section 1028A and 2)
The Grand Jury further charges that
162The allegations contained in paragraphs I-16 and 18-102 of this Indictment are reshy
alleged and herebyincorporated by reference as jf fully set forth herein
163On or about March 72009 in the NorthernDistrict of Ohio Western Division
TAREK ELKAFRAWI and KHALED YOUSEF did knowinglyuse without lawful authority a
means of identification of another personduringand in relation to the commission of Wire Fraud
a violation of Title 18 United States Code Section 1343
In violationof Title 18 United States Code Sections 1028A(a)(1)and 2
COUNT 36
(Aggravated IdentityTheft Title 18 USC Section 1028Aand 2)
The GrandJury further charges that
164 The allegations contained in paragraphs 1-16 and 18-102 of this Indictmentare reshy
allegedand hereby incorporated byreferenceas if fully set forth herein
16S On or about March tS 2009 in the Northern District of Ohio Western Division
TAREK ELKAFRAWI and KHALED YOUSEF did knowinglyuse without lawful authority a
means of identification of another person duringand in relation to the commission of WireFraud
a violation of Title 18United States Code Section 1343
In violation ofTitle 18United States Code Sections l028A(a)(1) and 2
~~~~2012 1149 4192447104 wloe NEWS
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44
COUNT 37
(Aggravated Identity The~ Title 18 USC Section l028A and 2)
The GrandJury further charges that
166 Theallegations contained in paragraphs 1-16 and 18-] 02 of this Indictment are reshy
alleged and hereby incorporated byreference as if fully set forth herein
167 On or aboutJuly 21 2009 in the Northern District of Ohio Western Division
TAREK ELKAfRAWI and RAMIZAWWAO did knowingly use without lawful authority a
means of identification of anotherperson duringand in relation to the commission of WireFraud
a violation of Title 18United States Code Section 1343
In violation ofTitle 18 UnitedStates Code Sections l028A(a)(1) and 2
cOUNT38
(Aggravated Identity TheftTitle 18 USC Section 1028A and 2)
The Grand Juryfurthercharges that
168Theallegations contained in paragraphs 1-16 and t8-102 of this Indictment are reshy
alleged and hereby incorporated by reference 8S if fully set forth herein
169 On or about July 132009 in the NorthernDistrict ofOhio WesternDivision
TAREK ELKAFRAWIand IAMIL MOHAMMED AWWAD did knowingly use withoutlawful
authority a meansof identification of another person during and in relation to the commission of
Wire Fraud a violation ofTitle 18 United States Code Section 1343
In violation of Title 18 United States CodeSections l028A(a)(1) and 2
11 4l 41 l~44 IUl4 WIUL NIWl
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45
COUNT 39
(Identity Theftt Title 18 USC Sections 1028 and 2)
The Grand Jury further charges that
170 The allegationscontained in paragraphs 1-16 and 18-102 of this Indictment are reshy
alleged and hereby incorporated by reference as if fully set forth herein
171 On or about December132010 in the Northern District orOhio Western Division
TAREKELKAFRAWI and DONNA J HARRIOTTt did knowingly use in or affectinginterstate
or foreigncommerce without lawful authority a means of identification ofanother person to wit
s social securitynumber and date of birth with the intent to commit or to aid or abet or in
connectionwith any unlawful activitythat constitutes Wire Fraud 8 violation of 18USC
sect1343 and the offense involved the useof an authentication feature that is or appears to be an
identification document or authentication feature issued by Or under the authority of the United
States
All in violation ofTitle 1St United States Code Sections 1028(a)() (b)(l )(A)(l) and (f)
and 2
COUNI40
(Identity Theft Title 18USCbull Sections 1028and 2)
TheGrand Juryfurther chargesthat
172The allegationscontained in paragraphs 1-16 and J8middot102 of this Indictment are reo
allegedand hereby incorporated by referenceas if fully set forth herein
173On or about May42010 in the Northern District ofOhio Western Division
TAREK ELKAFRAWI and SARA RINEBOLT did knowingly use in or affecting interstate or
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27
Findlay Lima Airport Highway Central Talmadge and Evansville JHOPs as wellas 801 Hiltop
and 4020 RoyerRoad in ToledoOhio knowingand in recklessdisregard of the fact that the
aUen(s) had cometo entered and-remained in the United States In violation of law
A) 11 waspart of the conspiracy that the managers of (HOP restaurants
would hire undocumented aliens to workat the mops after clearingthe
hires with MK or TAREKELKAFRAWI
B) It was further part ofthe conspiracy that undocumented aliens would be
paid in cashuntil theyobtained fraudulent immigration and workdocuments
C) It was funher part of the conspiracy that co-conspirators sometimes would
assist the aliensin finding lodging and in cashing checksat the mop
or bankinginstitutions
D) It was further part oCthe conspiracy that undocumented aliens often would
be paid usinga fake name Or check name
E) It was further part of the conspiracy that the undocumented aliens sometimes
would be transported to other HOP restawant locations to work
F) It was further part ofthe conspiracy that co-conspirators sometimes would
assign to the undocumented aliens the socialsecurity numbers and personal identifierS of
former employees to shield the illegalworkers from discovery
All in violation of Title 8 United States Code Sections 1324(a)(l)(A)(iii) and
1324(a)(1 )(A)(v)(I)~
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28
WVNTS3~7
(Mail Fraud Title 18USCbull Section 1341)
The Grand Jury furthercharges that
t OS The allegatiens contained in paragraphs Imiddot16 and 18middot02 of this Indictment are reo
allegedand hereby incorporated by referenceas if fully set forth herein
106 From on or about August 192003 to the dateof this Indictment in the Northern
District or OhioWestern Division and elsewhere TAREK ELKAFRAWI AUTUMNLEE
TANGAS andMK (not charged in this Indictment) devisedand intended to devise a scheme
and artifice to defraud IHOPCorporateand to obtain money and property by meansof materially
false and fraudulent pretensesrepresentations and promises
MANNER AND MEANS
107It waspart of the scheme that TAREK ELKAFRAWI through the use of the
MICROS system knew that sales were obtainedby IHOP Corporate on 8 weeklybasis through an
automatic remote uploading ofdata TAREK ELKAFRAWI knew that IHOP Corporateused the
weeklynet sales figures to determine the weeklyroyalty and rent amount owed byeach franchise
likewisehe knewthat IHOPCorporatedid not examine the weekly deductions from grosssales
that resulted in the net sales figures
108 In fact prior to 2004 TAREK ELKAFRAWI receivedregular IHOP Corporate
reviewsof the operating expensesand balancesheets that showed the costs deducted from gross
sales reflected in net sales After AUlUMN LEETANGAS became FBC in 2004 such thorough
PAGE 14 5WTOL NEWSOS232012 1144 4192447104
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29
reviews ceased entirely TAREKELKAFRAWI thereafter devised various schemesto
manipulate the MICROS system in order to create lower-than actual weekly net sales
109Onesuch schemewas to simply tum the MICROS system otT so sales werenot
recorded
110Additionally TAREK ELKAFRAWI instructed his lHOP managers to voidsales
entirelyor to givesignificant discounts to tickets after the ticket had been paid for by thecustomer
and closed
11 J Othercosts chargedagainst grosssales includedunit promotions contests
maintenance andpayouts for whichno documentation was provided In fact these were cash
distributions toTAREK ELKAFRAWI and other employees representingunreported income
112TAREK ELKAFRAWI also woulddeposit rebatecheeks from vendors into the
CentrallHOP account however he would direct his accountants to reflect the deposit as a loan
from officer rather than as incomefrom a rebate This fraudulent representation created an
additional debt on the balance sheet of Central JHOP thus giving the appearancethat the
restaurantwas encumbered with debt and operating expenses and not profitable
1t3 Asa result of these schemes TAREK ELKAFRAWI created the appearance through
his weeklysalesfigures that the CentrallHOP store wasseverely underperforming
114 SInce 2007 TAREK ELKAFRAWI with the help of AUruMN LEETANGAS
applied for rentand royalty reliefpayments from IHOPCorporate Based on the fraudulent
weeklynet sales reports and the annual recommendation of AUlUMN LEE TANOASTAREK
ELKAFRAWIreceived approximately $2300 a week in rentas well as royaltyrelief from HOP
Corporate to which he otherwisewJ not entitled
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30
116 ThesereHefpayments werememorialized in annualcontractsamending the franchise
agreement for eachyear to retlect the newrelief payment agreement Thesecontracts were mailed
from mop Corporate headquarters in Glendale California to Toledo Ohio after the FBCand
RD memos were submitted and approved
117 Onor abouteach of the dates set forth below in the Northern District of Ohio
Western Division and elsewhere for the purpose of executing and attempting to execute the
abovedescribed scheme and artifice 10defraud DefendantsTAREK ELKAFRAWI and
AUTUMNLEE TANOAS knowingly caused to be placed into any post office or authorized
depository for mail matterany matteror thingto be sentand deliveredby the US Postal Service
and caused to be deposited any matterto be sent or delivered by privateand commercial interstate
carrier the following matterfrom Glendale California to Toledo Ohioeach mailing constituting
a separate count
COVNT3
~ SENDER MAJLMATIER
September 24 2007 IHOP Corporate mailing of Amended ReliefContract
COUNL4
June5 2008 IHOPCorporate mailing ofAmended ReliefContract
COUNTS
August 172009 lHOP Corporate mailing of Amended Relief Contract
CQUNT6
May 25 20)0 IHOP Corporate mailing of Amended Relief Contract
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31
COuNT 7
May 162011 IHOPCorporate mailing of Amended Relief Contract
All in violation ofTitle l8 United States Code Section 1341
COUNTS
(Health Care FraudTitle 18 USC Sections 1347and 2)
The Grand Jury further charges that
118The allegations contained in 1-16and 18-102of this Indictment are re-allegedand
herebyincorporated byreferenceas if fullyset forth herein
119Using the methodsdescribed in Paragraphs 60-78 TAREK ELKAFRAWr and
others known to the Orand Jury submitted fraudulent reports to BWe resulting in BWe
undercbarging the Airport Highway IHOP
120 From on or about June 4 2004 to the date of this Indictment in the NorthernDistrict
of Ohio Western Division and elsewhere TAREK ELKAFRAWI and others known to the
Orand Jury having devised and intendingto devise B scheme and artifice to defraud the Ohio
Bureauof Workers Compensation (BWe) a healthcare benefit program as defined in Title 18
United States CodeSection24(b) of money by means ofmateriaJly false representations and
promises that was and is in connectionwith the paymentfor health care benefits items IUId
services did knowingly and willfully execute the aforesaid scheme
In violation of Title 18 UnitedStates Code Sections 1347and 2
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32
COLlNT9
(Health Care FraudTitle 18 USC Sections 1347and 2)
The Orand Jury further charges that
121 The allegations contained in paragraphs )-16 and 18102 of this Indictmentare reo
alleged and herebyincorporatedby reference as if fully set forth herein
122 Using the methodsdescribed in Paragraphs60-78 TAREK ELKAFRAWI and
others known to the Orand Jury submitted fraudulent reports to Bureau of Workers Compensation
(BWC)resulting in BWe undercharging theTalmadge IHOP
123 From on or about June 4 2004 to the date of this Indictment in the Northem District
ofOhio Western Divisionand elsewhere TAREK ELKAFRAWI and others known to the
Grand Jury having devised and intendingto devisea scheme and artifice to defraud the Ohio
awe a health carebenefit program as defined in Title )8 t United States CodeSection 24(b) of
moneyby means of materially false representations and promises that was and is in connection
with the paymentfor health care benefits hems and services did knowinglyand willfullyexecute
theaforesaid scheme
In violation of Title 18 UnitedStatesCode Sections 1347 and 2
CQUNTlll
(Health Care FraudTitle 18USC Sections 1347and 2)
The Orand Jury further charges that
124 Theallegations contained in paragraphs 1-16 and 18-102 of this Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
PAGE 0315WTOL NEWSOS232012 1149 4192447HI4
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33
125 Using themethods described in Paragraphs 60-78 TAREK ELKAFRAWI and
others known to the OrandJury submitted fraudulent reports to BWC resulting in BWC
undercharging the Lima IHOP
126 From on or about August 31 2007 through the date of this Indictment in the
Northern District of Ohio Western Divisionand elsewhereTAREK BLKAFRAWIand others
known to the GrandJury havingdevisedand intendingto devise a scheme and artifice to defraud
the Ohio Bureau of Workers Compensation (BWe) a health care benefit program as defined in
Title 18 United StatesCode Section24(b) of money by means of materially false
representations and promises that wasand is in connection with the payment for health care
benefits items and services did knowingly and willfullyexecute the aforesaid scheme
In violationof Title 18UnitedStates Code Sections 1347and 2
COUNT 11
(Health Care Fraud Title 18 USC Sections 1347and 2)
The Grand Jury furtherchargesthat
127The allegations contained in paragraphs 1-16and 18-102of this Indictment are reshy
allegedand herebyincorporated by reference as if fully set forth herein
128 Using the methods described in Paragraphs60-78 TAREK ELKAFRAWI and
others known to the OrandJury submitted fraudulent reports to Bwe resulting in awe
undercharging the Findlay IHOP
129 From on or aboutMay 102004 through the date of this Indictment in the Northern
Districtof Ohio Western Division and elsewhere TAREK ELKAFRAWI and others knownto
theGrand Jury havingdevised and intending to devise a scheme and artifice to defraud the Ohio
Bureau of WorkersCompensation (BWe) a health care benefit program as defined in Title 18
4) lL44Hl4 WIUL NIW~
Case 312-cr-00262-DAK Doc 1 Filed 052212 34 of 65 PagelD 34
34
United StatesCode Section 24(b) of moneyby meansof materially false representations and
promises that wasand is in connection with the payment for healthcare benefits items and
services did knowingly and willfully execute the aforesaidscheme
In violation of Title 18 United States Code Sections 1347and 2
CoUNT12
(Health Care Fraud Title 18USC Sections 1347and 2)
The Orand Jut)I further charges that
130 The allegations contained in paragraphs Imiddot] 6 and 18-]02 of this Indictmentare reshy
alleged and hereby incorporated by reference as iffulJy set forth herein
13 l Usingthe methods described in Paragraphs 60-78 TAREK ELKAFRAWI and
others knownto the Orand Jury submitted fraudulent reports to BWe resulting in awe
undercharging the Central IHOP
132 From onor about February 28 2005 through the date of this Indictment in the
Northern Districtof Ohio Westem Division and elsewhere TAREKELKAFRAWI and others
known to the Grand Juryhavingdevisedand intending to devisea scheme and artifice to defraud
the Ohio Bureau of Workers Compensation (BWC) a health care benefitprogram as defined in
Title 18 United States CodeSection24(b) of money by means ofmaterially false
representations and promises that was and Is in connection with the paymentfor health care
benefits items and services did knowingly and willfully executethe aforesaid scheme
In vioJation of Title 18 United States Code Sections 1347and 2
41 I~4411~4 WIUL N~W~
Case 312middotcr-00262middotDAK Doc 1 Filed 052212 35 of 65 pagelO 35
3S
COUNT 13
(HealthCare Fraud Title 18 USC Sections 1347 and 2)
The Grand Jury furtherchargesthat
133The allegationscontained in paragraphs 1middot16 and 18middot102 of this Indictment are reshy
alleged and herebyincorporated by reference 8$ if fullyset forth herein
134 Using the methodsdescribed in Paragraphs 6Q78 TAREK ELKAFRAWI and
others known to the GrandJury submitted fraudulent reports to awc resulting in awe
undercharging the Perrysburg JHOP
135 From on or about August 30 2005 through the date ofthis Indictment in the
Northern District of Ohio Western Division and elsewhere TAREK ELKAFRAWI and others
known to the GrandJury having devised and intending to devise a scheme and artifice to defraud
the Ohio Bureauof WorkersCompensation(BWC) a health care benefit program as defined in
Title 18 United States Code Section 24(b) of money by means of materially false
representations and promises that was and is in cenneetlon with the payment for health care
benefits items and services did knowinglyand willfullyexecute the aforesaid scheme
In violationofTitle 18United StatesCode Sections 1347 and 2
COUNTS 14-17
(Mail Fraud Title 18 USC Section J341)
The Grand Jury furthercharges that
136 The allegations containedin paragraphs 1-16 and 18middot102 of this Indictmentare reshy
alleged and hereby incorporatedby referenceas if fully set forth herein
131 Fromon or about January 30 20ll through on or about April 10201 I in the
Northern District of Ohio Western Division and elsewhere Defendants TAREK ELKAFRAWI
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36
and TAREK EIDOMARdevised and intended to devisea scheme and artifice to deframiddotud and to
obtain moneyfrom THOP Corporate by meansof materially false and fraudulent pretenses
representations and promises
MANNER AND MEANS
(t was part of the schemeand artifice that
]38 Using the methods described in Paragraphs 46-54 and 71-78 TAREK ELKAFRAWI
and TAREK EIDOMARmanipulated the SABLE Pointof Sale system to fraudulently report
debits and charges in order to hide the removal of cashdirectly from the Evansville IHOP
TAREK EID OMARat the direction of TAREKELKAFRAWI would then producea fraudulent
PampL report and mail it using the United States PostalService to provide that report to
Management Services in Wichita Falls Texas
139 Onor about each ofthe dates set forth below in the Northern District of Ohio
Western Division andelsewhere for the purpose ofexecutingand attempting to executethe
above described scheme and artifice to defraudTAREK ELKAFRAWI and TAREK EID OMAR
knowingly caused to be placed into any post office or authorized depository for mail matterany
matteror thingto besent and delivered by the US Postal Services and caused to be deposited any
matter to be sent or delivered by privateand commercial interstatecarrier the following matter
from Toledo Ohioand Evansville Indianato WichitaFallsTexas each mailingconstituting a
separate count
COUNT 14
Mm SENDER MAIL MAUER
January 302011 TAREK EID OMAR PampL report
OS232012 1149 419~447104 WTOL NEWS PAGE 0715
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37
COUNT 15
February14 2011 TAREK BID OMAR PampL report
COUNT 16
March 28 20II TAREKEID OMAR PampL report
COUNT 17
April 102011 TAREK EJD OMAR PampL report
All in violation ofTitle 18UnitedStates Code Sections 341 and 2
COUNT 18
(Use of Fire to Commit a Felony Title 18 USC Sections 844(h) and 2)
TheGrand Jury further charges that
140The allegations contained in paragraphs 1-16 and 18-102 ofthis Indictmentarc reshy
alleged and hereby incorporatedby reference as if fully set forth herein
141On or about August 10 and II 2008 [n the Northern Districtof Ohio Westem
DivisionTAREK ELKAFRAWI and JOSE LEON-GONZALEZ knowingly used fire to commit
Mail Fraud a felony prosecutable in a court of the United States
In violation ofTitle 18 United States Code Sections 844(h) and 2
COUNTl2
(Malicious Use of Fire Title 18 USC Sections 844(i) and 2)
The Grand Jury further charges that
142 The allegations contained in paragraphs 1-16and 18-102 ofthls Indictmentare reo
alleged and hereby incorporated by reference as if fully set forth herein
WTOL NEWS PAGE 0815OS232012 1149 4192447104
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38
143 On or about August 10and II 2008 in the Northern District of Ohio Western
Division TAREK ELKAFRAWIand JOSE LEON-GONZALEZ maliciously damaged bymeans
of fire and explosivematerialsa buildinglocated at 7777 Countymiddot Road 136 Findlay Ohio used
in interstatecommerce
In violation of Title 18 UnitedStates Code Sections 844(i) and 2
coUNtS 0-28
(Mail FraudTitle] 8 USCSection 1341)
The Grand Jury furthercharges that
144 The allegations containedin paragraphs 1-16and I8-102 of this lndictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
145 Fromapproximately the month of July 2008 the exact date unknownto the Grand
Jury through On or about October 27 2009 in the Northern District of Ohio Western Division
and elsewhereTAREK ELKAFRAWI devisedand intended to devise 8 scheme and artifice to
defraudFarmers InsW1J1ce Group and to obtain moneyand property by meansof false and
fraudulent pretenses representations and promises
146 It was part of the schemeand artificeto defraud that TAREK ELKAFRAWI would
submit traudulent invoices to FarmersInsuranceGroup under PolicyNumber 602926772 for
work that was not performed or performed at a lower invoice
147It was a furtherpart of the scheme and artifice that TAREK ELKAFRAWI submitted
claims forpayroll costs that were completely illusorybecause the requested claimswere for
periods the restaurant was closed and had no employees
~~~J2012 1149 4192447104
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39
148 It was a furtherpart of the sc erne and artifice that all checks were sent directly to
TAREKELKAFRAWI at the Terry Elk G~OUP not the Findlay lHOP
149On or about each of the dates bet forth below in the Northern District of Ohio
Western Division and elsewhere for the Jurpose of executing and attempting to execute the
above described scheme and artifice to delud TAREK ELKAFRAWI knowinglycaused to be
placed into any post office or authorized dlpository for mail matterany matter or thing to be sentI
and dellvered by the US Postal Service Jd caused to be deposited any matter to be sent or
delivered by private and commercial inters~te carrier the following matter from the state of
Illinois to Toledo Ohio each mailingcon~itUting a separate count
October 17 2008
October22 2008
January 262009
October21 2009
September22 2008
January 26 2009
SENDER
Fanners Insurance
Farmers Insurance
Farmers Insurance
Farmers Insurance
FarmersInsurance
Farmers Inswance
CO 20
M61LMAmR
$S5947S 1check to Terry Elk Group
21
I $45581367 check to Terry Elk Group
~ I $24444302 check to Terry Elk Group
~ I $2262384 check to Terry Elk Group
bOUNTM
I $2500000 check to Terry Elk Croup
~ $15684795 check to Terry Elk Group
PAGE 1015WTOL NEWS05232012 1149 4192447104
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40
COUNT 26
October ~ I 2009 Farmers Insurance $4285205 check to Terry Elk Group
COUNT 27
February 172009 Farmers Insurance $20867200check to Terry Elk Group
COUNT 21
October 27 2009 FarmersInsurance $15226400 check to Terry Elk Group
All in violationofTitle 18 United States Code Section 1341
COUNT 29
(Aggravated IdentityTheft Title 18 USC Section 1028A and 2)
The OrandJury furthercharges that
ISO The allegations contained in paragraphs 1-16and 18~102 of this Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
J51 Onorabout October9 2007 in the Northem District of9hlo Western Division
TAREK ELKAFRAWI did knowinglyuse without lawftllauthority a means of identification of
another personduring and in relation to the commission ofWire Fraud a violation ofride 18
United States Code Section 1343
In violation of Title 18 United States Code Sections I028A(a)(1) and 2
CQVNT30
(Aggravated Identity Theft T~tle is USC Section l028A and 2)
The Grand Jury further charges that
152 The allegations eontained in paragraphs 1-16 and 18-102 of this Indictment are reshy
alleged and hereby incorporated by reference as if fully set forth herein
05232012 1149 4192447104 WTOL NEWS PAGE 111 5
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41
153 On or about May 192008 in the Northern District of Ohio Western Division
TAREK ELKAFRAWIdid knowingly use without lawfulauthoritya means of identification of
another personduringand in relation to the commission of Wire Fraud a violation ofTitle 1g
United StatesCodeSection I~43
In violation of TitJe J8 UnitedStates Code Sections 1028A(a)(I) and 2
COUNT31
(Aggravated IdentityTheftTitle 18USC Section J028A and 2)
The Orand Jury furthercharges that
154 The allegations contained in paragraphs 1-l6- and 18middot102 of this Indictment are reshy
alleged and herebyincorporated by reference as if fully set forth herein
155 On or aboutJuly 132Q09 in the Northern District of Ohio Western Division
TAREK ELKAFRAWIj did knowingly use without lawfuJ authority a means of identification of
another personduring and in relation to the commission of Wire Fraud a violation of Title 18
United StatesCodeSection 1343
In violationofTitle 18 United States Code Sections 1028A(aXl) and 2
COlNT32
(Aggravated IdentityTheft Title 18USC Sectlon J028A and 2)
The Grand Jury furthercharges that
J56 Theallegations contained in paragraphs1-16and 184 J02 of this Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
157On or about May3l 2009 in theNorthern Districtof Ohio Western Division
TAREK ELKAFRAWI did knOWingly use without lawful authoritya means of identification of
OS232012 1149 4192447104 WTOL NEWS
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42
another person during and in relation to the commission of Wire Fraud a violation of Title 18
United States Code Section 1343
In violation ofTitle 18 United States Code Sections 1028A(a)(I) and 2
COUNT 33
(Aggravated Identity Theft Title 18 UsC Section l028A and 2)
The GrandJury further charges that
138 The allegationscontainedin paragraphs 1-16 and 18-]02 of this Indictment are reshy
alleged and herebyincorporated by reference as if fullyset forth herein
159 On or about October 22008 in the Northern District of Ohio Westem Division
TAREK ELKAFRAWI did knowingly use without lawfulauthority a means of identification of
another personduring and in relation to the commission of Wire Fraud a violationof Title 18
United States Code Section 1343
In violationof TItle ]8 United States Code Sections 1028A(a)(I) and 2
CQVNT34 (Aggravated IdentityTheft Title 18 USC Section 1028A and 2)
The Grand Jury furtherchargesthat
160 The allegationscontained in paragraphs 1-16and 18-102ofthis Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
16t Onor about January27 2008 in the Northern District of Ohio WesternDivision
TAREK ELKAFRAWI did knowinglyuse without lawfulauthority a means of identification of
anotherpersonduringand in relation to the commissionofWire Fraud a violation ofTitJe 18
United States Code Section 1343
In violation of Title 18United States Code Sections l028A(a)(1) and 2
I I
WTOL NEWS PAGE 13115OS232012 1149 4192447104 I
Case 312-cr-00262-DAK Doc 1 Filed 052212 43 of 65 PagelD 43
43
COUNT 35 (AggravatedIdentityTheft Title 18USC Section 1028A and 2)
The Grand Jury further charges that
162The allegations contained in paragraphs I-16 and 18-102 of this Indictment are reshy
alleged and herebyincorporated by reference as jf fully set forth herein
163On or about March 72009 in the NorthernDistrict of Ohio Western Division
TAREK ELKAFRAWI and KHALED YOUSEF did knowinglyuse without lawful authority a
means of identification of another personduringand in relation to the commission of Wire Fraud
a violation of Title 18 United States Code Section 1343
In violationof Title 18 United States Code Sections 1028A(a)(1)and 2
COUNT 36
(Aggravated IdentityTheft Title 18 USC Section 1028Aand 2)
The GrandJury further charges that
164 The allegations contained in paragraphs 1-16 and 18-102 of this Indictmentare reshy
allegedand hereby incorporated byreferenceas if fully set forth herein
16S On or about March tS 2009 in the Northern District of Ohio Western Division
TAREK ELKAFRAWI and KHALED YOUSEF did knowinglyuse without lawful authority a
means of identification of another person duringand in relation to the commission of WireFraud
a violation of Title 18United States Code Section 1343
In violation ofTitle 18United States Code Sections l028A(a)(1) and 2
~~~~2012 1149 4192447104 wloe NEWS
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44
COUNT 37
(Aggravated Identity The~ Title 18 USC Section l028A and 2)
The GrandJury further charges that
166 Theallegations contained in paragraphs 1-16 and 18-] 02 of this Indictment are reshy
alleged and hereby incorporated byreference as if fully set forth herein
167 On or aboutJuly 21 2009 in the Northern District of Ohio Western Division
TAREK ELKAfRAWI and RAMIZAWWAO did knowingly use without lawful authority a
means of identification of anotherperson duringand in relation to the commission of WireFraud
a violation of Title 18United States Code Section 1343
In violation ofTitle 18 UnitedStates Code Sections l028A(a)(1) and 2
cOUNT38
(Aggravated Identity TheftTitle 18 USC Section 1028A and 2)
The Grand Juryfurthercharges that
168Theallegations contained in paragraphs 1-16 and t8-102 of this Indictment are reshy
alleged and hereby incorporated by reference 8S if fully set forth herein
169 On or about July 132009 in the NorthernDistrict ofOhio WesternDivision
TAREK ELKAFRAWIand IAMIL MOHAMMED AWWAD did knowingly use withoutlawful
authority a meansof identification of another person during and in relation to the commission of
Wire Fraud a violation ofTitle 18 United States Code Section 1343
In violation of Title 18 United States CodeSections l028A(a)(1) and 2
11 4l 41 l~44 IUl4 WIUL NIWl
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45
COUNT 39
(Identity Theftt Title 18 USC Sections 1028 and 2)
The Grand Jury further charges that
170 The allegationscontained in paragraphs 1-16 and 18-102 of this Indictment are reshy
alleged and hereby incorporated by reference as if fully set forth herein
171 On or about December132010 in the Northern District orOhio Western Division
TAREKELKAFRAWI and DONNA J HARRIOTTt did knowingly use in or affectinginterstate
or foreigncommerce without lawful authority a means of identification ofanother person to wit
s social securitynumber and date of birth with the intent to commit or to aid or abet or in
connectionwith any unlawful activitythat constitutes Wire Fraud 8 violation of 18USC
sect1343 and the offense involved the useof an authentication feature that is or appears to be an
identification document or authentication feature issued by Or under the authority of the United
States
All in violation ofTitle 1St United States Code Sections 1028(a)() (b)(l )(A)(l) and (f)
and 2
COUNI40
(Identity Theft Title 18USCbull Sections 1028and 2)
TheGrand Juryfurther chargesthat
172The allegationscontained in paragraphs 1-16 and J8middot102 of this Indictment are reo
allegedand hereby incorporated by referenceas if fully set forth herein
173On or about May42010 in the Northern District ofOhio Western Division
TAREK ELKAFRAWI and SARA RINEBOLT did knowingly use in or affecting interstate or
PAGE 13 5WTOL NEWSOS232012 1144 4192447104
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28
WVNTS3~7
(Mail Fraud Title 18USCbull Section 1341)
The Grand Jury furthercharges that
t OS The allegatiens contained in paragraphs Imiddot16 and 18middot02 of this Indictment are reo
allegedand hereby incorporated by referenceas if fully set forth herein
106 From on or about August 192003 to the dateof this Indictment in the Northern
District or OhioWestern Division and elsewhere TAREK ELKAFRAWI AUTUMNLEE
TANGAS andMK (not charged in this Indictment) devisedand intended to devise a scheme
and artifice to defraud IHOPCorporateand to obtain money and property by meansof materially
false and fraudulent pretensesrepresentations and promises
MANNER AND MEANS
107It waspart of the scheme that TAREK ELKAFRAWI through the use of the
MICROS system knew that sales were obtainedby IHOP Corporate on 8 weeklybasis through an
automatic remote uploading ofdata TAREK ELKAFRAWI knew that IHOP Corporateused the
weeklynet sales figures to determine the weeklyroyalty and rent amount owed byeach franchise
likewisehe knewthat IHOPCorporatedid not examine the weekly deductions from grosssales
that resulted in the net sales figures
108 In fact prior to 2004 TAREK ELKAFRAWI receivedregular IHOP Corporate
reviewsof the operating expensesand balancesheets that showed the costs deducted from gross
sales reflected in net sales After AUlUMN LEETANGAS became FBC in 2004 such thorough
PAGE 14 5WTOL NEWSOS232012 1144 4192447104
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29
reviews ceased entirely TAREKELKAFRAWI thereafter devised various schemesto
manipulate the MICROS system in order to create lower-than actual weekly net sales
109Onesuch schemewas to simply tum the MICROS system otT so sales werenot
recorded
110Additionally TAREK ELKAFRAWI instructed his lHOP managers to voidsales
entirelyor to givesignificant discounts to tickets after the ticket had been paid for by thecustomer
and closed
11 J Othercosts chargedagainst grosssales includedunit promotions contests
maintenance andpayouts for whichno documentation was provided In fact these were cash
distributions toTAREK ELKAFRAWI and other employees representingunreported income
112TAREK ELKAFRAWI also woulddeposit rebatecheeks from vendors into the
CentrallHOP account however he would direct his accountants to reflect the deposit as a loan
from officer rather than as incomefrom a rebate This fraudulent representation created an
additional debt on the balance sheet of Central JHOP thus giving the appearancethat the
restaurantwas encumbered with debt and operating expenses and not profitable
1t3 Asa result of these schemes TAREK ELKAFRAWI created the appearance through
his weeklysalesfigures that the CentrallHOP store wasseverely underperforming
114 SInce 2007 TAREK ELKAFRAWI with the help of AUruMN LEETANGAS
applied for rentand royalty reliefpayments from IHOPCorporate Based on the fraudulent
weeklynet sales reports and the annual recommendation of AUlUMN LEE TANOASTAREK
ELKAFRAWIreceived approximately $2300 a week in rentas well as royaltyrelief from HOP
Corporate to which he otherwisewJ not entitled
OS232012 1144 4192447104 WTOL NEWS PAGE 15 5
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30
116 ThesereHefpayments werememorialized in annualcontractsamending the franchise
agreement for eachyear to retlect the newrelief payment agreement Thesecontracts were mailed
from mop Corporate headquarters in Glendale California to Toledo Ohio after the FBCand
RD memos were submitted and approved
117 Onor abouteach of the dates set forth below in the Northern District of Ohio
Western Division and elsewhere for the purpose of executing and attempting to execute the
abovedescribed scheme and artifice 10defraud DefendantsTAREK ELKAFRAWI and
AUTUMNLEE TANOAS knowingly caused to be placed into any post office or authorized
depository for mail matterany matteror thingto be sentand deliveredby the US Postal Service
and caused to be deposited any matterto be sent or delivered by privateand commercial interstate
carrier the following matterfrom Glendale California to Toledo Ohioeach mailing constituting
a separate count
COVNT3
~ SENDER MAJLMATIER
September 24 2007 IHOP Corporate mailing of Amended ReliefContract
COUNL4
June5 2008 IHOPCorporate mailing ofAmended ReliefContract
COUNTS
August 172009 lHOP Corporate mailing of Amended Relief Contract
CQUNT6
May 25 20)0 IHOP Corporate mailing of Amended Relief Contract
OS232012 1149 4192447104 WTOL NEWS PAGE 0115
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31
COuNT 7
May 162011 IHOPCorporate mailing of Amended Relief Contract
All in violation ofTitle l8 United States Code Section 1341
COUNTS
(Health Care FraudTitle 18 USC Sections 1347and 2)
The Grand Jury further charges that
118The allegations contained in 1-16and 18-102of this Indictment are re-allegedand
herebyincorporated byreferenceas if fullyset forth herein
119Using the methodsdescribed in Paragraphs 60-78 TAREK ELKAFRAWr and
others known to the Orand Jury submitted fraudulent reports to BWe resulting in BWe
undercbarging the Airport Highway IHOP
120 From on or about June 4 2004 to the date of this Indictment in the NorthernDistrict
of Ohio Western Division and elsewhere TAREK ELKAFRAWI and others known to the
Orand Jury having devised and intendingto devise B scheme and artifice to defraud the Ohio
Bureauof Workers Compensation (BWe) a healthcare benefit program as defined in Title 18
United States CodeSection24(b) of money by means ofmateriaJly false representations and
promises that was and is in connectionwith the paymentfor health care benefits items IUId
services did knowingly and willfully execute the aforesaid scheme
In violation of Title 18 UnitedStates Code Sections 1347and 2
PAGE 0215WTOL NEWSOS232012 1149 4192447104
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32
COLlNT9
(Health Care FraudTitle 18 USC Sections 1347and 2)
The Orand Jury further charges that
121 The allegations contained in paragraphs )-16 and 18102 of this Indictmentare reo
alleged and herebyincorporatedby reference as if fully set forth herein
122 Using the methodsdescribed in Paragraphs60-78 TAREK ELKAFRAWI and
others known to the Orand Jury submitted fraudulent reports to Bureau of Workers Compensation
(BWC)resulting in BWe undercharging theTalmadge IHOP
123 From on or about June 4 2004 to the date of this Indictment in the Northem District
ofOhio Western Divisionand elsewhere TAREK ELKAFRAWI and others known to the
Grand Jury having devised and intendingto devisea scheme and artifice to defraud the Ohio
awe a health carebenefit program as defined in Title )8 t United States CodeSection 24(b) of
moneyby means of materially false representations and promises that was and is in connection
with the paymentfor health care benefits hems and services did knowinglyand willfullyexecute
theaforesaid scheme
In violation of Title 18 UnitedStatesCode Sections 1347 and 2
CQUNTlll
(Health Care FraudTitle 18USC Sections 1347and 2)
The Orand Jury further charges that
124 Theallegations contained in paragraphs 1-16 and 18-102 of this Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
PAGE 0315WTOL NEWSOS232012 1149 4192447HI4
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33
125 Using themethods described in Paragraphs 60-78 TAREK ELKAFRAWI and
others known to the OrandJury submitted fraudulent reports to BWC resulting in BWC
undercharging the Lima IHOP
126 From on or about August 31 2007 through the date of this Indictment in the
Northern District of Ohio Western Divisionand elsewhereTAREK BLKAFRAWIand others
known to the GrandJury havingdevisedand intendingto devise a scheme and artifice to defraud
the Ohio Bureau of Workers Compensation (BWe) a health care benefit program as defined in
Title 18 United StatesCode Section24(b) of money by means of materially false
representations and promises that wasand is in connection with the payment for health care
benefits items and services did knowingly and willfullyexecute the aforesaid scheme
In violationof Title 18UnitedStates Code Sections 1347and 2
COUNT 11
(Health Care Fraud Title 18 USC Sections 1347and 2)
The Grand Jury furtherchargesthat
127The allegations contained in paragraphs 1-16and 18-102of this Indictment are reshy
allegedand herebyincorporated by reference as if fully set forth herein
128 Using the methods described in Paragraphs60-78 TAREK ELKAFRAWI and
others known to the OrandJury submitted fraudulent reports to Bwe resulting in awe
undercharging the Findlay IHOP
129 From on or aboutMay 102004 through the date of this Indictment in the Northern
Districtof Ohio Western Division and elsewhere TAREK ELKAFRAWI and others knownto
theGrand Jury havingdevised and intending to devise a scheme and artifice to defraud the Ohio
Bureau of WorkersCompensation (BWe) a health care benefit program as defined in Title 18
4) lL44Hl4 WIUL NIW~
Case 312-cr-00262-DAK Doc 1 Filed 052212 34 of 65 PagelD 34
34
United StatesCode Section 24(b) of moneyby meansof materially false representations and
promises that wasand is in connection with the payment for healthcare benefits items and
services did knowingly and willfully execute the aforesaidscheme
In violation of Title 18 United States Code Sections 1347and 2
CoUNT12
(Health Care Fraud Title 18USC Sections 1347and 2)
The Orand Jut)I further charges that
130 The allegations contained in paragraphs Imiddot] 6 and 18-]02 of this Indictmentare reshy
alleged and hereby incorporated by reference as iffulJy set forth herein
13 l Usingthe methods described in Paragraphs 60-78 TAREK ELKAFRAWI and
others knownto the Orand Jury submitted fraudulent reports to BWe resulting in awe
undercharging the Central IHOP
132 From onor about February 28 2005 through the date of this Indictment in the
Northern Districtof Ohio Westem Division and elsewhere TAREKELKAFRAWI and others
known to the Grand Juryhavingdevisedand intending to devisea scheme and artifice to defraud
the Ohio Bureau of Workers Compensation (BWC) a health care benefitprogram as defined in
Title 18 United States CodeSection24(b) of money by means ofmaterially false
representations and promises that was and Is in connection with the paymentfor health care
benefits items and services did knowingly and willfully executethe aforesaid scheme
In vioJation of Title 18 United States Code Sections 1347and 2
41 I~4411~4 WIUL N~W~
Case 312middotcr-00262middotDAK Doc 1 Filed 052212 35 of 65 pagelO 35
3S
COUNT 13
(HealthCare Fraud Title 18 USC Sections 1347 and 2)
The Grand Jury furtherchargesthat
133The allegationscontained in paragraphs 1middot16 and 18middot102 of this Indictment are reshy
alleged and herebyincorporated by reference 8$ if fullyset forth herein
134 Using the methodsdescribed in Paragraphs 6Q78 TAREK ELKAFRAWI and
others known to the GrandJury submitted fraudulent reports to awc resulting in awe
undercharging the Perrysburg JHOP
135 From on or about August 30 2005 through the date ofthis Indictment in the
Northern District of Ohio Western Division and elsewhere TAREK ELKAFRAWI and others
known to the GrandJury having devised and intending to devise a scheme and artifice to defraud
the Ohio Bureauof WorkersCompensation(BWC) a health care benefit program as defined in
Title 18 United States Code Section 24(b) of money by means of materially false
representations and promises that was and is in cenneetlon with the payment for health care
benefits items and services did knowinglyand willfullyexecute the aforesaid scheme
In violationofTitle 18United StatesCode Sections 1347 and 2
COUNTS 14-17
(Mail Fraud Title 18 USC Section J341)
The Grand Jury furthercharges that
136 The allegations containedin paragraphs 1-16 and 18middot102 of this Indictmentare reshy
alleged and hereby incorporatedby referenceas if fully set forth herein
131 Fromon or about January 30 20ll through on or about April 10201 I in the
Northern District of Ohio Western Division and elsewhere Defendants TAREK ELKAFRAWI
PAGE 061lbWIDe NEWS~b1L32012 1149
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36
and TAREK EIDOMARdevised and intended to devisea scheme and artifice to deframiddotud and to
obtain moneyfrom THOP Corporate by meansof materially false and fraudulent pretenses
representations and promises
MANNER AND MEANS
(t was part of the schemeand artifice that
]38 Using the methods described in Paragraphs 46-54 and 71-78 TAREK ELKAFRAWI
and TAREK EIDOMARmanipulated the SABLE Pointof Sale system to fraudulently report
debits and charges in order to hide the removal of cashdirectly from the Evansville IHOP
TAREK EID OMARat the direction of TAREKELKAFRAWI would then producea fraudulent
PampL report and mail it using the United States PostalService to provide that report to
Management Services in Wichita Falls Texas
139 Onor about each ofthe dates set forth below in the Northern District of Ohio
Western Division andelsewhere for the purpose ofexecutingand attempting to executethe
above described scheme and artifice to defraudTAREK ELKAFRAWI and TAREK EID OMAR
knowingly caused to be placed into any post office or authorized depository for mail matterany
matteror thingto besent and delivered by the US Postal Services and caused to be deposited any
matter to be sent or delivered by privateand commercial interstatecarrier the following matter
from Toledo Ohioand Evansville Indianato WichitaFallsTexas each mailingconstituting a
separate count
COUNT 14
Mm SENDER MAIL MAUER
January 302011 TAREK EID OMAR PampL report
OS232012 1149 419~447104 WTOL NEWS PAGE 0715
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37
COUNT 15
February14 2011 TAREK BID OMAR PampL report
COUNT 16
March 28 20II TAREKEID OMAR PampL report
COUNT 17
April 102011 TAREK EJD OMAR PampL report
All in violation ofTitle 18UnitedStates Code Sections 341 and 2
COUNT 18
(Use of Fire to Commit a Felony Title 18 USC Sections 844(h) and 2)
TheGrand Jury further charges that
140The allegations contained in paragraphs 1-16 and 18-102 ofthis Indictmentarc reshy
alleged and hereby incorporatedby reference as if fully set forth herein
141On or about August 10 and II 2008 [n the Northern Districtof Ohio Westem
DivisionTAREK ELKAFRAWI and JOSE LEON-GONZALEZ knowingly used fire to commit
Mail Fraud a felony prosecutable in a court of the United States
In violation ofTitle 18 United States Code Sections 844(h) and 2
COUNTl2
(Malicious Use of Fire Title 18 USC Sections 844(i) and 2)
The Grand Jury further charges that
142 The allegations contained in paragraphs 1-16and 18-102 ofthls Indictmentare reo
alleged and hereby incorporated by reference as if fully set forth herein
WTOL NEWS PAGE 0815OS232012 1149 4192447104
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38
143 On or about August 10and II 2008 in the Northern District of Ohio Western
Division TAREK ELKAFRAWIand JOSE LEON-GONZALEZ maliciously damaged bymeans
of fire and explosivematerialsa buildinglocated at 7777 Countymiddot Road 136 Findlay Ohio used
in interstatecommerce
In violation of Title 18 UnitedStates Code Sections 844(i) and 2
coUNtS 0-28
(Mail FraudTitle] 8 USCSection 1341)
The Grand Jury furthercharges that
144 The allegations containedin paragraphs 1-16and I8-102 of this lndictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
145 Fromapproximately the month of July 2008 the exact date unknownto the Grand
Jury through On or about October 27 2009 in the Northern District of Ohio Western Division
and elsewhereTAREK ELKAFRAWI devisedand intended to devise 8 scheme and artifice to
defraudFarmers InsW1J1ce Group and to obtain moneyand property by meansof false and
fraudulent pretenses representations and promises
146 It was part of the schemeand artificeto defraud that TAREK ELKAFRAWI would
submit traudulent invoices to FarmersInsuranceGroup under PolicyNumber 602926772 for
work that was not performed or performed at a lower invoice
147It was a furtherpart of the scheme and artifice that TAREK ELKAFRAWI submitted
claims forpayroll costs that were completely illusorybecause the requested claimswere for
periods the restaurant was closed and had no employees
~~~J2012 1149 4192447104
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39
148 It was a furtherpart of the sc erne and artifice that all checks were sent directly to
TAREKELKAFRAWI at the Terry Elk G~OUP not the Findlay lHOP
149On or about each of the dates bet forth below in the Northern District of Ohio
Western Division and elsewhere for the Jurpose of executing and attempting to execute the
above described scheme and artifice to delud TAREK ELKAFRAWI knowinglycaused to be
placed into any post office or authorized dlpository for mail matterany matter or thing to be sentI
and dellvered by the US Postal Service Jd caused to be deposited any matter to be sent or
delivered by private and commercial inters~te carrier the following matter from the state of
Illinois to Toledo Ohio each mailingcon~itUting a separate count
October 17 2008
October22 2008
January 262009
October21 2009
September22 2008
January 26 2009
SENDER
Fanners Insurance
Farmers Insurance
Farmers Insurance
Farmers Insurance
FarmersInsurance
Farmers Inswance
CO 20
M61LMAmR
$S5947S 1check to Terry Elk Group
21
I $45581367 check to Terry Elk Group
~ I $24444302 check to Terry Elk Group
~ I $2262384 check to Terry Elk Group
bOUNTM
I $2500000 check to Terry Elk Croup
~ $15684795 check to Terry Elk Group
PAGE 1015WTOL NEWS05232012 1149 4192447104
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40
COUNT 26
October ~ I 2009 Farmers Insurance $4285205 check to Terry Elk Group
COUNT 27
February 172009 Farmers Insurance $20867200check to Terry Elk Group
COUNT 21
October 27 2009 FarmersInsurance $15226400 check to Terry Elk Group
All in violationofTitle 18 United States Code Section 1341
COUNT 29
(Aggravated IdentityTheft Title 18 USC Section 1028A and 2)
The OrandJury furthercharges that
ISO The allegations contained in paragraphs 1-16and 18~102 of this Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
J51 Onorabout October9 2007 in the Northem District of9hlo Western Division
TAREK ELKAFRAWI did knowinglyuse without lawftllauthority a means of identification of
another personduring and in relation to the commission ofWire Fraud a violation ofride 18
United States Code Section 1343
In violation of Title 18 United States Code Sections I028A(a)(1) and 2
CQVNT30
(Aggravated Identity Theft T~tle is USC Section l028A and 2)
The Grand Jury further charges that
152 The allegations eontained in paragraphs 1-16 and 18-102 of this Indictment are reshy
alleged and hereby incorporated by reference as if fully set forth herein
05232012 1149 4192447104 WTOL NEWS PAGE 111 5
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41
153 On or about May 192008 in the Northern District of Ohio Western Division
TAREK ELKAFRAWIdid knowingly use without lawfulauthoritya means of identification of
another personduringand in relation to the commission of Wire Fraud a violation ofTitle 1g
United StatesCodeSection I~43
In violation of TitJe J8 UnitedStates Code Sections 1028A(a)(I) and 2
COUNT31
(Aggravated IdentityTheftTitle 18USC Section J028A and 2)
The Orand Jury furthercharges that
154 The allegations contained in paragraphs 1-l6- and 18middot102 of this Indictment are reshy
alleged and herebyincorporated by reference as if fully set forth herein
155 On or aboutJuly 132Q09 in the Northern District of Ohio Western Division
TAREK ELKAFRAWIj did knowingly use without lawfuJ authority a means of identification of
another personduring and in relation to the commission of Wire Fraud a violation of Title 18
United StatesCodeSection 1343
In violationofTitle 18 United States Code Sections 1028A(aXl) and 2
COlNT32
(Aggravated IdentityTheft Title 18USC Sectlon J028A and 2)
The Grand Jury furthercharges that
J56 Theallegations contained in paragraphs1-16and 184 J02 of this Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
157On or about May3l 2009 in theNorthern Districtof Ohio Western Division
TAREK ELKAFRAWI did knOWingly use without lawful authoritya means of identification of
OS232012 1149 4192447104 WTOL NEWS
Case 312-cr-00262-DAK Doc 1 Flied 0522112 42 of 65 PagelD 42
42
another person during and in relation to the commission of Wire Fraud a violation of Title 18
United States Code Section 1343
In violation ofTitle 18 United States Code Sections 1028A(a)(I) and 2
COUNT 33
(Aggravated Identity Theft Title 18 UsC Section l028A and 2)
The GrandJury further charges that
138 The allegationscontainedin paragraphs 1-16 and 18-]02 of this Indictment are reshy
alleged and herebyincorporated by reference as if fullyset forth herein
159 On or about October 22008 in the Northern District of Ohio Westem Division
TAREK ELKAFRAWI did knowingly use without lawfulauthority a means of identification of
another personduring and in relation to the commission of Wire Fraud a violationof Title 18
United States Code Section 1343
In violationof TItle ]8 United States Code Sections 1028A(a)(I) and 2
CQVNT34 (Aggravated IdentityTheft Title 18 USC Section 1028A and 2)
The Grand Jury furtherchargesthat
160 The allegationscontained in paragraphs 1-16and 18-102ofthis Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
16t Onor about January27 2008 in the Northern District of Ohio WesternDivision
TAREK ELKAFRAWI did knowinglyuse without lawfulauthority a means of identification of
anotherpersonduringand in relation to the commissionofWire Fraud a violation ofTitJe 18
United States Code Section 1343
In violation of Title 18United States Code Sections l028A(a)(1) and 2
I I
WTOL NEWS PAGE 13115OS232012 1149 4192447104 I
Case 312-cr-00262-DAK Doc 1 Filed 052212 43 of 65 PagelD 43
43
COUNT 35 (AggravatedIdentityTheft Title 18USC Section 1028A and 2)
The Grand Jury further charges that
162The allegations contained in paragraphs I-16 and 18-102 of this Indictment are reshy
alleged and herebyincorporated by reference as jf fully set forth herein
163On or about March 72009 in the NorthernDistrict of Ohio Western Division
TAREK ELKAFRAWI and KHALED YOUSEF did knowinglyuse without lawful authority a
means of identification of another personduringand in relation to the commission of Wire Fraud
a violation of Title 18 United States Code Section 1343
In violationof Title 18 United States Code Sections 1028A(a)(1)and 2
COUNT 36
(Aggravated IdentityTheft Title 18 USC Section 1028Aand 2)
The GrandJury further charges that
164 The allegations contained in paragraphs 1-16 and 18-102 of this Indictmentare reshy
allegedand hereby incorporated byreferenceas if fully set forth herein
16S On or about March tS 2009 in the Northern District of Ohio Western Division
TAREK ELKAFRAWI and KHALED YOUSEF did knowinglyuse without lawful authority a
means of identification of another person duringand in relation to the commission of WireFraud
a violation of Title 18United States Code Section 1343
In violation ofTitle 18United States Code Sections l028A(a)(1) and 2
~~~~2012 1149 4192447104 wloe NEWS
Case 312-cr-00262-0AK Doc 1 Filed 052212 44 of 65 PagelD 44
44
COUNT 37
(Aggravated Identity The~ Title 18 USC Section l028A and 2)
The GrandJury further charges that
166 Theallegations contained in paragraphs 1-16 and 18-] 02 of this Indictment are reshy
alleged and hereby incorporated byreference as if fully set forth herein
167 On or aboutJuly 21 2009 in the Northern District of Ohio Western Division
TAREK ELKAfRAWI and RAMIZAWWAO did knowingly use without lawful authority a
means of identification of anotherperson duringand in relation to the commission of WireFraud
a violation of Title 18United States Code Section 1343
In violation ofTitle 18 UnitedStates Code Sections l028A(a)(1) and 2
cOUNT38
(Aggravated Identity TheftTitle 18 USC Section 1028A and 2)
The Grand Juryfurthercharges that
168Theallegations contained in paragraphs 1-16 and t8-102 of this Indictment are reshy
alleged and hereby incorporated by reference 8S if fully set forth herein
169 On or about July 132009 in the NorthernDistrict ofOhio WesternDivision
TAREK ELKAFRAWIand IAMIL MOHAMMED AWWAD did knowingly use withoutlawful
authority a meansof identification of another person during and in relation to the commission of
Wire Fraud a violation ofTitle 18 United States Code Section 1343
In violation of Title 18 United States CodeSections l028A(a)(1) and 2
11 4l 41 l~44 IUl4 WIUL NIWl
Case 312-cr-00262-DAK Doc 1 Filed 0522112 45 of 65 PagelD 45
45
COUNT 39
(Identity Theftt Title 18 USC Sections 1028 and 2)
The Grand Jury further charges that
170 The allegationscontained in paragraphs 1-16 and 18-102 of this Indictment are reshy
alleged and hereby incorporated by reference as if fully set forth herein
171 On or about December132010 in the Northern District orOhio Western Division
TAREKELKAFRAWI and DONNA J HARRIOTTt did knowingly use in or affectinginterstate
or foreigncommerce without lawful authority a means of identification ofanother person to wit
s social securitynumber and date of birth with the intent to commit or to aid or abet or in
connectionwith any unlawful activitythat constitutes Wire Fraud 8 violation of 18USC
sect1343 and the offense involved the useof an authentication feature that is or appears to be an
identification document or authentication feature issued by Or under the authority of the United
States
All in violation ofTitle 1St United States Code Sections 1028(a)() (b)(l )(A)(l) and (f)
and 2
COUNI40
(Identity Theft Title 18USCbull Sections 1028and 2)
TheGrand Juryfurther chargesthat
172The allegationscontained in paragraphs 1-16 and J8middot102 of this Indictment are reo
allegedand hereby incorporated by referenceas if fully set forth herein
173On or about May42010 in the Northern District ofOhio Western Division
TAREK ELKAFRAWI and SARA RINEBOLT did knowingly use in or affecting interstate or
PAGE 14 5WTOL NEWSOS232012 1144 4192447104
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29
reviews ceased entirely TAREKELKAFRAWI thereafter devised various schemesto
manipulate the MICROS system in order to create lower-than actual weekly net sales
109Onesuch schemewas to simply tum the MICROS system otT so sales werenot
recorded
110Additionally TAREK ELKAFRAWI instructed his lHOP managers to voidsales
entirelyor to givesignificant discounts to tickets after the ticket had been paid for by thecustomer
and closed
11 J Othercosts chargedagainst grosssales includedunit promotions contests
maintenance andpayouts for whichno documentation was provided In fact these were cash
distributions toTAREK ELKAFRAWI and other employees representingunreported income
112TAREK ELKAFRAWI also woulddeposit rebatecheeks from vendors into the
CentrallHOP account however he would direct his accountants to reflect the deposit as a loan
from officer rather than as incomefrom a rebate This fraudulent representation created an
additional debt on the balance sheet of Central JHOP thus giving the appearancethat the
restaurantwas encumbered with debt and operating expenses and not profitable
1t3 Asa result of these schemes TAREK ELKAFRAWI created the appearance through
his weeklysalesfigures that the CentrallHOP store wasseverely underperforming
114 SInce 2007 TAREK ELKAFRAWI with the help of AUruMN LEETANGAS
applied for rentand royalty reliefpayments from IHOPCorporate Based on the fraudulent
weeklynet sales reports and the annual recommendation of AUlUMN LEE TANOASTAREK
ELKAFRAWIreceived approximately $2300 a week in rentas well as royaltyrelief from HOP
Corporate to which he otherwisewJ not entitled
OS232012 1144 4192447104 WTOL NEWS PAGE 15 5
Case 312-cr-00262-DAK Doc 1 Filed 052212 30 of 65 pagelD 30
30
116 ThesereHefpayments werememorialized in annualcontractsamending the franchise
agreement for eachyear to retlect the newrelief payment agreement Thesecontracts were mailed
from mop Corporate headquarters in Glendale California to Toledo Ohio after the FBCand
RD memos were submitted and approved
117 Onor abouteach of the dates set forth below in the Northern District of Ohio
Western Division and elsewhere for the purpose of executing and attempting to execute the
abovedescribed scheme and artifice 10defraud DefendantsTAREK ELKAFRAWI and
AUTUMNLEE TANOAS knowingly caused to be placed into any post office or authorized
depository for mail matterany matteror thingto be sentand deliveredby the US Postal Service
and caused to be deposited any matterto be sent or delivered by privateand commercial interstate
carrier the following matterfrom Glendale California to Toledo Ohioeach mailing constituting
a separate count
COVNT3
~ SENDER MAJLMATIER
September 24 2007 IHOP Corporate mailing of Amended ReliefContract
COUNL4
June5 2008 IHOPCorporate mailing ofAmended ReliefContract
COUNTS
August 172009 lHOP Corporate mailing of Amended Relief Contract
CQUNT6
May 25 20)0 IHOP Corporate mailing of Amended Relief Contract
OS232012 1149 4192447104 WTOL NEWS PAGE 0115
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31
COuNT 7
May 162011 IHOPCorporate mailing of Amended Relief Contract
All in violation ofTitle l8 United States Code Section 1341
COUNTS
(Health Care FraudTitle 18 USC Sections 1347and 2)
The Grand Jury further charges that
118The allegations contained in 1-16and 18-102of this Indictment are re-allegedand
herebyincorporated byreferenceas if fullyset forth herein
119Using the methodsdescribed in Paragraphs 60-78 TAREK ELKAFRAWr and
others known to the Orand Jury submitted fraudulent reports to BWe resulting in BWe
undercbarging the Airport Highway IHOP
120 From on or about June 4 2004 to the date of this Indictment in the NorthernDistrict
of Ohio Western Division and elsewhere TAREK ELKAFRAWI and others known to the
Orand Jury having devised and intendingto devise B scheme and artifice to defraud the Ohio
Bureauof Workers Compensation (BWe) a healthcare benefit program as defined in Title 18
United States CodeSection24(b) of money by means ofmateriaJly false representations and
promises that was and is in connectionwith the paymentfor health care benefits items IUId
services did knowingly and willfully execute the aforesaid scheme
In violation of Title 18 UnitedStates Code Sections 1347and 2
PAGE 0215WTOL NEWSOS232012 1149 4192447104
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32
COLlNT9
(Health Care FraudTitle 18 USC Sections 1347and 2)
The Orand Jury further charges that
121 The allegations contained in paragraphs )-16 and 18102 of this Indictmentare reo
alleged and herebyincorporatedby reference as if fully set forth herein
122 Using the methodsdescribed in Paragraphs60-78 TAREK ELKAFRAWI and
others known to the Orand Jury submitted fraudulent reports to Bureau of Workers Compensation
(BWC)resulting in BWe undercharging theTalmadge IHOP
123 From on or about June 4 2004 to the date of this Indictment in the Northem District
ofOhio Western Divisionand elsewhere TAREK ELKAFRAWI and others known to the
Grand Jury having devised and intendingto devisea scheme and artifice to defraud the Ohio
awe a health carebenefit program as defined in Title )8 t United States CodeSection 24(b) of
moneyby means of materially false representations and promises that was and is in connection
with the paymentfor health care benefits hems and services did knowinglyand willfullyexecute
theaforesaid scheme
In violation of Title 18 UnitedStatesCode Sections 1347 and 2
CQUNTlll
(Health Care FraudTitle 18USC Sections 1347and 2)
The Orand Jury further charges that
124 Theallegations contained in paragraphs 1-16 and 18-102 of this Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
PAGE 0315WTOL NEWSOS232012 1149 4192447HI4
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33
125 Using themethods described in Paragraphs 60-78 TAREK ELKAFRAWI and
others known to the OrandJury submitted fraudulent reports to BWC resulting in BWC
undercharging the Lima IHOP
126 From on or about August 31 2007 through the date of this Indictment in the
Northern District of Ohio Western Divisionand elsewhereTAREK BLKAFRAWIand others
known to the GrandJury havingdevisedand intendingto devise a scheme and artifice to defraud
the Ohio Bureau of Workers Compensation (BWe) a health care benefit program as defined in
Title 18 United StatesCode Section24(b) of money by means of materially false
representations and promises that wasand is in connection with the payment for health care
benefits items and services did knowingly and willfullyexecute the aforesaid scheme
In violationof Title 18UnitedStates Code Sections 1347and 2
COUNT 11
(Health Care Fraud Title 18 USC Sections 1347and 2)
The Grand Jury furtherchargesthat
127The allegations contained in paragraphs 1-16and 18-102of this Indictment are reshy
allegedand herebyincorporated by reference as if fully set forth herein
128 Using the methods described in Paragraphs60-78 TAREK ELKAFRAWI and
others known to the OrandJury submitted fraudulent reports to Bwe resulting in awe
undercharging the Findlay IHOP
129 From on or aboutMay 102004 through the date of this Indictment in the Northern
Districtof Ohio Western Division and elsewhere TAREK ELKAFRAWI and others knownto
theGrand Jury havingdevised and intending to devise a scheme and artifice to defraud the Ohio
Bureau of WorkersCompensation (BWe) a health care benefit program as defined in Title 18
4) lL44Hl4 WIUL NIW~
Case 312-cr-00262-DAK Doc 1 Filed 052212 34 of 65 PagelD 34
34
United StatesCode Section 24(b) of moneyby meansof materially false representations and
promises that wasand is in connection with the payment for healthcare benefits items and
services did knowingly and willfully execute the aforesaidscheme
In violation of Title 18 United States Code Sections 1347and 2
CoUNT12
(Health Care Fraud Title 18USC Sections 1347and 2)
The Orand Jut)I further charges that
130 The allegations contained in paragraphs Imiddot] 6 and 18-]02 of this Indictmentare reshy
alleged and hereby incorporated by reference as iffulJy set forth herein
13 l Usingthe methods described in Paragraphs 60-78 TAREK ELKAFRAWI and
others knownto the Orand Jury submitted fraudulent reports to BWe resulting in awe
undercharging the Central IHOP
132 From onor about February 28 2005 through the date of this Indictment in the
Northern Districtof Ohio Westem Division and elsewhere TAREKELKAFRAWI and others
known to the Grand Juryhavingdevisedand intending to devisea scheme and artifice to defraud
the Ohio Bureau of Workers Compensation (BWC) a health care benefitprogram as defined in
Title 18 United States CodeSection24(b) of money by means ofmaterially false
representations and promises that was and Is in connection with the paymentfor health care
benefits items and services did knowingly and willfully executethe aforesaid scheme
In vioJation of Title 18 United States Code Sections 1347and 2
41 I~4411~4 WIUL N~W~
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3S
COUNT 13
(HealthCare Fraud Title 18 USC Sections 1347 and 2)
The Grand Jury furtherchargesthat
133The allegationscontained in paragraphs 1middot16 and 18middot102 of this Indictment are reshy
alleged and herebyincorporated by reference 8$ if fullyset forth herein
134 Using the methodsdescribed in Paragraphs 6Q78 TAREK ELKAFRAWI and
others known to the GrandJury submitted fraudulent reports to awc resulting in awe
undercharging the Perrysburg JHOP
135 From on or about August 30 2005 through the date ofthis Indictment in the
Northern District of Ohio Western Division and elsewhere TAREK ELKAFRAWI and others
known to the GrandJury having devised and intending to devise a scheme and artifice to defraud
the Ohio Bureauof WorkersCompensation(BWC) a health care benefit program as defined in
Title 18 United States Code Section 24(b) of money by means of materially false
representations and promises that was and is in cenneetlon with the payment for health care
benefits items and services did knowinglyand willfullyexecute the aforesaid scheme
In violationofTitle 18United StatesCode Sections 1347 and 2
COUNTS 14-17
(Mail Fraud Title 18 USC Section J341)
The Grand Jury furthercharges that
136 The allegations containedin paragraphs 1-16 and 18middot102 of this Indictmentare reshy
alleged and hereby incorporatedby referenceas if fully set forth herein
131 Fromon or about January 30 20ll through on or about April 10201 I in the
Northern District of Ohio Western Division and elsewhere Defendants TAREK ELKAFRAWI
PAGE 061lbWIDe NEWS~b1L32012 1149
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36
and TAREK EIDOMARdevised and intended to devisea scheme and artifice to deframiddotud and to
obtain moneyfrom THOP Corporate by meansof materially false and fraudulent pretenses
representations and promises
MANNER AND MEANS
(t was part of the schemeand artifice that
]38 Using the methods described in Paragraphs 46-54 and 71-78 TAREK ELKAFRAWI
and TAREK EIDOMARmanipulated the SABLE Pointof Sale system to fraudulently report
debits and charges in order to hide the removal of cashdirectly from the Evansville IHOP
TAREK EID OMARat the direction of TAREKELKAFRAWI would then producea fraudulent
PampL report and mail it using the United States PostalService to provide that report to
Management Services in Wichita Falls Texas
139 Onor about each ofthe dates set forth below in the Northern District of Ohio
Western Division andelsewhere for the purpose ofexecutingand attempting to executethe
above described scheme and artifice to defraudTAREK ELKAFRAWI and TAREK EID OMAR
knowingly caused to be placed into any post office or authorized depository for mail matterany
matteror thingto besent and delivered by the US Postal Services and caused to be deposited any
matter to be sent or delivered by privateand commercial interstatecarrier the following matter
from Toledo Ohioand Evansville Indianato WichitaFallsTexas each mailingconstituting a
separate count
COUNT 14
Mm SENDER MAIL MAUER
January 302011 TAREK EID OMAR PampL report
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37
COUNT 15
February14 2011 TAREK BID OMAR PampL report
COUNT 16
March 28 20II TAREKEID OMAR PampL report
COUNT 17
April 102011 TAREK EJD OMAR PampL report
All in violation ofTitle 18UnitedStates Code Sections 341 and 2
COUNT 18
(Use of Fire to Commit a Felony Title 18 USC Sections 844(h) and 2)
TheGrand Jury further charges that
140The allegations contained in paragraphs 1-16 and 18-102 ofthis Indictmentarc reshy
alleged and hereby incorporatedby reference as if fully set forth herein
141On or about August 10 and II 2008 [n the Northern Districtof Ohio Westem
DivisionTAREK ELKAFRAWI and JOSE LEON-GONZALEZ knowingly used fire to commit
Mail Fraud a felony prosecutable in a court of the United States
In violation ofTitle 18 United States Code Sections 844(h) and 2
COUNTl2
(Malicious Use of Fire Title 18 USC Sections 844(i) and 2)
The Grand Jury further charges that
142 The allegations contained in paragraphs 1-16and 18-102 ofthls Indictmentare reo
alleged and hereby incorporated by reference as if fully set forth herein
WTOL NEWS PAGE 0815OS232012 1149 4192447104
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38
143 On or about August 10and II 2008 in the Northern District of Ohio Western
Division TAREK ELKAFRAWIand JOSE LEON-GONZALEZ maliciously damaged bymeans
of fire and explosivematerialsa buildinglocated at 7777 Countymiddot Road 136 Findlay Ohio used
in interstatecommerce
In violation of Title 18 UnitedStates Code Sections 844(i) and 2
coUNtS 0-28
(Mail FraudTitle] 8 USCSection 1341)
The Grand Jury furthercharges that
144 The allegations containedin paragraphs 1-16and I8-102 of this lndictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
145 Fromapproximately the month of July 2008 the exact date unknownto the Grand
Jury through On or about October 27 2009 in the Northern District of Ohio Western Division
and elsewhereTAREK ELKAFRAWI devisedand intended to devise 8 scheme and artifice to
defraudFarmers InsW1J1ce Group and to obtain moneyand property by meansof false and
fraudulent pretenses representations and promises
146 It was part of the schemeand artificeto defraud that TAREK ELKAFRAWI would
submit traudulent invoices to FarmersInsuranceGroup under PolicyNumber 602926772 for
work that was not performed or performed at a lower invoice
147It was a furtherpart of the scheme and artifice that TAREK ELKAFRAWI submitted
claims forpayroll costs that were completely illusorybecause the requested claimswere for
periods the restaurant was closed and had no employees
~~~J2012 1149 4192447104
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39
148 It was a furtherpart of the sc erne and artifice that all checks were sent directly to
TAREKELKAFRAWI at the Terry Elk G~OUP not the Findlay lHOP
149On or about each of the dates bet forth below in the Northern District of Ohio
Western Division and elsewhere for the Jurpose of executing and attempting to execute the
above described scheme and artifice to delud TAREK ELKAFRAWI knowinglycaused to be
placed into any post office or authorized dlpository for mail matterany matter or thing to be sentI
and dellvered by the US Postal Service Jd caused to be deposited any matter to be sent or
delivered by private and commercial inters~te carrier the following matter from the state of
Illinois to Toledo Ohio each mailingcon~itUting a separate count
October 17 2008
October22 2008
January 262009
October21 2009
September22 2008
January 26 2009
SENDER
Fanners Insurance
Farmers Insurance
Farmers Insurance
Farmers Insurance
FarmersInsurance
Farmers Inswance
CO 20
M61LMAmR
$S5947S 1check to Terry Elk Group
21
I $45581367 check to Terry Elk Group
~ I $24444302 check to Terry Elk Group
~ I $2262384 check to Terry Elk Group
bOUNTM
I $2500000 check to Terry Elk Croup
~ $15684795 check to Terry Elk Group
PAGE 1015WTOL NEWS05232012 1149 4192447104
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40
COUNT 26
October ~ I 2009 Farmers Insurance $4285205 check to Terry Elk Group
COUNT 27
February 172009 Farmers Insurance $20867200check to Terry Elk Group
COUNT 21
October 27 2009 FarmersInsurance $15226400 check to Terry Elk Group
All in violationofTitle 18 United States Code Section 1341
COUNT 29
(Aggravated IdentityTheft Title 18 USC Section 1028A and 2)
The OrandJury furthercharges that
ISO The allegations contained in paragraphs 1-16and 18~102 of this Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
J51 Onorabout October9 2007 in the Northem District of9hlo Western Division
TAREK ELKAFRAWI did knowinglyuse without lawftllauthority a means of identification of
another personduring and in relation to the commission ofWire Fraud a violation ofride 18
United States Code Section 1343
In violation of Title 18 United States Code Sections I028A(a)(1) and 2
CQVNT30
(Aggravated Identity Theft T~tle is USC Section l028A and 2)
The Grand Jury further charges that
152 The allegations eontained in paragraphs 1-16 and 18-102 of this Indictment are reshy
alleged and hereby incorporated by reference as if fully set forth herein
05232012 1149 4192447104 WTOL NEWS PAGE 111 5
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41
153 On or about May 192008 in the Northern District of Ohio Western Division
TAREK ELKAFRAWIdid knowingly use without lawfulauthoritya means of identification of
another personduringand in relation to the commission of Wire Fraud a violation ofTitle 1g
United StatesCodeSection I~43
In violation of TitJe J8 UnitedStates Code Sections 1028A(a)(I) and 2
COUNT31
(Aggravated IdentityTheftTitle 18USC Section J028A and 2)
The Orand Jury furthercharges that
154 The allegations contained in paragraphs 1-l6- and 18middot102 of this Indictment are reshy
alleged and herebyincorporated by reference as if fully set forth herein
155 On or aboutJuly 132Q09 in the Northern District of Ohio Western Division
TAREK ELKAFRAWIj did knowingly use without lawfuJ authority a means of identification of
another personduring and in relation to the commission of Wire Fraud a violation of Title 18
United StatesCodeSection 1343
In violationofTitle 18 United States Code Sections 1028A(aXl) and 2
COlNT32
(Aggravated IdentityTheft Title 18USC Sectlon J028A and 2)
The Grand Jury furthercharges that
J56 Theallegations contained in paragraphs1-16and 184 J02 of this Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
157On or about May3l 2009 in theNorthern Districtof Ohio Western Division
TAREK ELKAFRAWI did knOWingly use without lawful authoritya means of identification of
OS232012 1149 4192447104 WTOL NEWS
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42
another person during and in relation to the commission of Wire Fraud a violation of Title 18
United States Code Section 1343
In violation ofTitle 18 United States Code Sections 1028A(a)(I) and 2
COUNT 33
(Aggravated Identity Theft Title 18 UsC Section l028A and 2)
The GrandJury further charges that
138 The allegationscontainedin paragraphs 1-16 and 18-]02 of this Indictment are reshy
alleged and herebyincorporated by reference as if fullyset forth herein
159 On or about October 22008 in the Northern District of Ohio Westem Division
TAREK ELKAFRAWI did knowingly use without lawfulauthority a means of identification of
another personduring and in relation to the commission of Wire Fraud a violationof Title 18
United States Code Section 1343
In violationof TItle ]8 United States Code Sections 1028A(a)(I) and 2
CQVNT34 (Aggravated IdentityTheft Title 18 USC Section 1028A and 2)
The Grand Jury furtherchargesthat
160 The allegationscontained in paragraphs 1-16and 18-102ofthis Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
16t Onor about January27 2008 in the Northern District of Ohio WesternDivision
TAREK ELKAFRAWI did knowinglyuse without lawfulauthority a means of identification of
anotherpersonduringand in relation to the commissionofWire Fraud a violation ofTitJe 18
United States Code Section 1343
In violation of Title 18United States Code Sections l028A(a)(1) and 2
I I
WTOL NEWS PAGE 13115OS232012 1149 4192447104 I
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43
COUNT 35 (AggravatedIdentityTheft Title 18USC Section 1028A and 2)
The Grand Jury further charges that
162The allegations contained in paragraphs I-16 and 18-102 of this Indictment are reshy
alleged and herebyincorporated by reference as jf fully set forth herein
163On or about March 72009 in the NorthernDistrict of Ohio Western Division
TAREK ELKAFRAWI and KHALED YOUSEF did knowinglyuse without lawful authority a
means of identification of another personduringand in relation to the commission of Wire Fraud
a violation of Title 18 United States Code Section 1343
In violationof Title 18 United States Code Sections 1028A(a)(1)and 2
COUNT 36
(Aggravated IdentityTheft Title 18 USC Section 1028Aand 2)
The GrandJury further charges that
164 The allegations contained in paragraphs 1-16 and 18-102 of this Indictmentare reshy
allegedand hereby incorporated byreferenceas if fully set forth herein
16S On or about March tS 2009 in the Northern District of Ohio Western Division
TAREK ELKAFRAWI and KHALED YOUSEF did knowinglyuse without lawful authority a
means of identification of another person duringand in relation to the commission of WireFraud
a violation of Title 18United States Code Section 1343
In violation ofTitle 18United States Code Sections l028A(a)(1) and 2
~~~~2012 1149 4192447104 wloe NEWS
Case 312-cr-00262-0AK Doc 1 Filed 052212 44 of 65 PagelD 44
44
COUNT 37
(Aggravated Identity The~ Title 18 USC Section l028A and 2)
The GrandJury further charges that
166 Theallegations contained in paragraphs 1-16 and 18-] 02 of this Indictment are reshy
alleged and hereby incorporated byreference as if fully set forth herein
167 On or aboutJuly 21 2009 in the Northern District of Ohio Western Division
TAREK ELKAfRAWI and RAMIZAWWAO did knowingly use without lawful authority a
means of identification of anotherperson duringand in relation to the commission of WireFraud
a violation of Title 18United States Code Section 1343
In violation ofTitle 18 UnitedStates Code Sections l028A(a)(1) and 2
cOUNT38
(Aggravated Identity TheftTitle 18 USC Section 1028A and 2)
The Grand Juryfurthercharges that
168Theallegations contained in paragraphs 1-16 and t8-102 of this Indictment are reshy
alleged and hereby incorporated by reference 8S if fully set forth herein
169 On or about July 132009 in the NorthernDistrict ofOhio WesternDivision
TAREK ELKAFRAWIand IAMIL MOHAMMED AWWAD did knowingly use withoutlawful
authority a meansof identification of another person during and in relation to the commission of
Wire Fraud a violation ofTitle 18 United States Code Section 1343
In violation of Title 18 United States CodeSections l028A(a)(1) and 2
11 4l 41 l~44 IUl4 WIUL NIWl
Case 312-cr-00262-DAK Doc 1 Filed 0522112 45 of 65 PagelD 45
45
COUNT 39
(Identity Theftt Title 18 USC Sections 1028 and 2)
The Grand Jury further charges that
170 The allegationscontained in paragraphs 1-16 and 18-102 of this Indictment are reshy
alleged and hereby incorporated by reference as if fully set forth herein
171 On or about December132010 in the Northern District orOhio Western Division
TAREKELKAFRAWI and DONNA J HARRIOTTt did knowingly use in or affectinginterstate
or foreigncommerce without lawful authority a means of identification ofanother person to wit
s social securitynumber and date of birth with the intent to commit or to aid or abet or in
connectionwith any unlawful activitythat constitutes Wire Fraud 8 violation of 18USC
sect1343 and the offense involved the useof an authentication feature that is or appears to be an
identification document or authentication feature issued by Or under the authority of the United
States
All in violation ofTitle 1St United States Code Sections 1028(a)() (b)(l )(A)(l) and (f)
and 2
COUNI40
(Identity Theft Title 18USCbull Sections 1028and 2)
TheGrand Juryfurther chargesthat
172The allegationscontained in paragraphs 1-16 and J8middot102 of this Indictment are reo
allegedand hereby incorporated by referenceas if fully set forth herein
173On or about May42010 in the Northern District ofOhio Western Division
TAREK ELKAFRAWI and SARA RINEBOLT did knowingly use in or affecting interstate or
OS232012 1144 4192447104 WTOL NEWS PAGE 15 5
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30
116 ThesereHefpayments werememorialized in annualcontractsamending the franchise
agreement for eachyear to retlect the newrelief payment agreement Thesecontracts were mailed
from mop Corporate headquarters in Glendale California to Toledo Ohio after the FBCand
RD memos were submitted and approved
117 Onor abouteach of the dates set forth below in the Northern District of Ohio
Western Division and elsewhere for the purpose of executing and attempting to execute the
abovedescribed scheme and artifice 10defraud DefendantsTAREK ELKAFRAWI and
AUTUMNLEE TANOAS knowingly caused to be placed into any post office or authorized
depository for mail matterany matteror thingto be sentand deliveredby the US Postal Service
and caused to be deposited any matterto be sent or delivered by privateand commercial interstate
carrier the following matterfrom Glendale California to Toledo Ohioeach mailing constituting
a separate count
COVNT3
~ SENDER MAJLMATIER
September 24 2007 IHOP Corporate mailing of Amended ReliefContract
COUNL4
June5 2008 IHOPCorporate mailing ofAmended ReliefContract
COUNTS
August 172009 lHOP Corporate mailing of Amended Relief Contract
CQUNT6
May 25 20)0 IHOP Corporate mailing of Amended Relief Contract
OS232012 1149 4192447104 WTOL NEWS PAGE 0115
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31
COuNT 7
May 162011 IHOPCorporate mailing of Amended Relief Contract
All in violation ofTitle l8 United States Code Section 1341
COUNTS
(Health Care FraudTitle 18 USC Sections 1347and 2)
The Grand Jury further charges that
118The allegations contained in 1-16and 18-102of this Indictment are re-allegedand
herebyincorporated byreferenceas if fullyset forth herein
119Using the methodsdescribed in Paragraphs 60-78 TAREK ELKAFRAWr and
others known to the Orand Jury submitted fraudulent reports to BWe resulting in BWe
undercbarging the Airport Highway IHOP
120 From on or about June 4 2004 to the date of this Indictment in the NorthernDistrict
of Ohio Western Division and elsewhere TAREK ELKAFRAWI and others known to the
Orand Jury having devised and intendingto devise B scheme and artifice to defraud the Ohio
Bureauof Workers Compensation (BWe) a healthcare benefit program as defined in Title 18
United States CodeSection24(b) of money by means ofmateriaJly false representations and
promises that was and is in connectionwith the paymentfor health care benefits items IUId
services did knowingly and willfully execute the aforesaid scheme
In violation of Title 18 UnitedStates Code Sections 1347and 2
PAGE 0215WTOL NEWSOS232012 1149 4192447104
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32
COLlNT9
(Health Care FraudTitle 18 USC Sections 1347and 2)
The Orand Jury further charges that
121 The allegations contained in paragraphs )-16 and 18102 of this Indictmentare reo
alleged and herebyincorporatedby reference as if fully set forth herein
122 Using the methodsdescribed in Paragraphs60-78 TAREK ELKAFRAWI and
others known to the Orand Jury submitted fraudulent reports to Bureau of Workers Compensation
(BWC)resulting in BWe undercharging theTalmadge IHOP
123 From on or about June 4 2004 to the date of this Indictment in the Northem District
ofOhio Western Divisionand elsewhere TAREK ELKAFRAWI and others known to the
Grand Jury having devised and intendingto devisea scheme and artifice to defraud the Ohio
awe a health carebenefit program as defined in Title )8 t United States CodeSection 24(b) of
moneyby means of materially false representations and promises that was and is in connection
with the paymentfor health care benefits hems and services did knowinglyand willfullyexecute
theaforesaid scheme
In violation of Title 18 UnitedStatesCode Sections 1347 and 2
CQUNTlll
(Health Care FraudTitle 18USC Sections 1347and 2)
The Orand Jury further charges that
124 Theallegations contained in paragraphs 1-16 and 18-102 of this Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
PAGE 0315WTOL NEWSOS232012 1149 4192447HI4
Case 312-cr-00262-DAK Doc 1 Filed 0522112 33 of 65 PagelD 33
33
125 Using themethods described in Paragraphs 60-78 TAREK ELKAFRAWI and
others known to the OrandJury submitted fraudulent reports to BWC resulting in BWC
undercharging the Lima IHOP
126 From on or about August 31 2007 through the date of this Indictment in the
Northern District of Ohio Western Divisionand elsewhereTAREK BLKAFRAWIand others
known to the GrandJury havingdevisedand intendingto devise a scheme and artifice to defraud
the Ohio Bureau of Workers Compensation (BWe) a health care benefit program as defined in
Title 18 United StatesCode Section24(b) of money by means of materially false
representations and promises that wasand is in connection with the payment for health care
benefits items and services did knowingly and willfullyexecute the aforesaid scheme
In violationof Title 18UnitedStates Code Sections 1347and 2
COUNT 11
(Health Care Fraud Title 18 USC Sections 1347and 2)
The Grand Jury furtherchargesthat
127The allegations contained in paragraphs 1-16and 18-102of this Indictment are reshy
allegedand herebyincorporated by reference as if fully set forth herein
128 Using the methods described in Paragraphs60-78 TAREK ELKAFRAWI and
others known to the OrandJury submitted fraudulent reports to Bwe resulting in awe
undercharging the Findlay IHOP
129 From on or aboutMay 102004 through the date of this Indictment in the Northern
Districtof Ohio Western Division and elsewhere TAREK ELKAFRAWI and others knownto
theGrand Jury havingdevised and intending to devise a scheme and artifice to defraud the Ohio
Bureau of WorkersCompensation (BWe) a health care benefit program as defined in Title 18
4) lL44Hl4 WIUL NIW~
Case 312-cr-00262-DAK Doc 1 Filed 052212 34 of 65 PagelD 34
34
United StatesCode Section 24(b) of moneyby meansof materially false representations and
promises that wasand is in connection with the payment for healthcare benefits items and
services did knowingly and willfully execute the aforesaidscheme
In violation of Title 18 United States Code Sections 1347and 2
CoUNT12
(Health Care Fraud Title 18USC Sections 1347and 2)
The Orand Jut)I further charges that
130 The allegations contained in paragraphs Imiddot] 6 and 18-]02 of this Indictmentare reshy
alleged and hereby incorporated by reference as iffulJy set forth herein
13 l Usingthe methods described in Paragraphs 60-78 TAREK ELKAFRAWI and
others knownto the Orand Jury submitted fraudulent reports to BWe resulting in awe
undercharging the Central IHOP
132 From onor about February 28 2005 through the date of this Indictment in the
Northern Districtof Ohio Westem Division and elsewhere TAREKELKAFRAWI and others
known to the Grand Juryhavingdevisedand intending to devisea scheme and artifice to defraud
the Ohio Bureau of Workers Compensation (BWC) a health care benefitprogram as defined in
Title 18 United States CodeSection24(b) of money by means ofmaterially false
representations and promises that was and Is in connection with the paymentfor health care
benefits items and services did knowingly and willfully executethe aforesaid scheme
In vioJation of Title 18 United States Code Sections 1347and 2
41 I~4411~4 WIUL N~W~
Case 312middotcr-00262middotDAK Doc 1 Filed 052212 35 of 65 pagelO 35
3S
COUNT 13
(HealthCare Fraud Title 18 USC Sections 1347 and 2)
The Grand Jury furtherchargesthat
133The allegationscontained in paragraphs 1middot16 and 18middot102 of this Indictment are reshy
alleged and herebyincorporated by reference 8$ if fullyset forth herein
134 Using the methodsdescribed in Paragraphs 6Q78 TAREK ELKAFRAWI and
others known to the GrandJury submitted fraudulent reports to awc resulting in awe
undercharging the Perrysburg JHOP
135 From on or about August 30 2005 through the date ofthis Indictment in the
Northern District of Ohio Western Division and elsewhere TAREK ELKAFRAWI and others
known to the GrandJury having devised and intending to devise a scheme and artifice to defraud
the Ohio Bureauof WorkersCompensation(BWC) a health care benefit program as defined in
Title 18 United States Code Section 24(b) of money by means of materially false
representations and promises that was and is in cenneetlon with the payment for health care
benefits items and services did knowinglyand willfullyexecute the aforesaid scheme
In violationofTitle 18United StatesCode Sections 1347 and 2
COUNTS 14-17
(Mail Fraud Title 18 USC Section J341)
The Grand Jury furthercharges that
136 The allegations containedin paragraphs 1-16 and 18middot102 of this Indictmentare reshy
alleged and hereby incorporatedby referenceas if fully set forth herein
131 Fromon or about January 30 20ll through on or about April 10201 I in the
Northern District of Ohio Western Division and elsewhere Defendants TAREK ELKAFRAWI
PAGE 061lbWIDe NEWS~b1L32012 1149
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36
and TAREK EIDOMARdevised and intended to devisea scheme and artifice to deframiddotud and to
obtain moneyfrom THOP Corporate by meansof materially false and fraudulent pretenses
representations and promises
MANNER AND MEANS
(t was part of the schemeand artifice that
]38 Using the methods described in Paragraphs 46-54 and 71-78 TAREK ELKAFRAWI
and TAREK EIDOMARmanipulated the SABLE Pointof Sale system to fraudulently report
debits and charges in order to hide the removal of cashdirectly from the Evansville IHOP
TAREK EID OMARat the direction of TAREKELKAFRAWI would then producea fraudulent
PampL report and mail it using the United States PostalService to provide that report to
Management Services in Wichita Falls Texas
139 Onor about each ofthe dates set forth below in the Northern District of Ohio
Western Division andelsewhere for the purpose ofexecutingand attempting to executethe
above described scheme and artifice to defraudTAREK ELKAFRAWI and TAREK EID OMAR
knowingly caused to be placed into any post office or authorized depository for mail matterany
matteror thingto besent and delivered by the US Postal Services and caused to be deposited any
matter to be sent or delivered by privateand commercial interstatecarrier the following matter
from Toledo Ohioand Evansville Indianato WichitaFallsTexas each mailingconstituting a
separate count
COUNT 14
Mm SENDER MAIL MAUER
January 302011 TAREK EID OMAR PampL report
OS232012 1149 419~447104 WTOL NEWS PAGE 0715
Case 312-cr-00262-0AK Doc 1 Filed 0522112 37 of 65 PagelD 37
37
COUNT 15
February14 2011 TAREK BID OMAR PampL report
COUNT 16
March 28 20II TAREKEID OMAR PampL report
COUNT 17
April 102011 TAREK EJD OMAR PampL report
All in violation ofTitle 18UnitedStates Code Sections 341 and 2
COUNT 18
(Use of Fire to Commit a Felony Title 18 USC Sections 844(h) and 2)
TheGrand Jury further charges that
140The allegations contained in paragraphs 1-16 and 18-102 ofthis Indictmentarc reshy
alleged and hereby incorporatedby reference as if fully set forth herein
141On or about August 10 and II 2008 [n the Northern Districtof Ohio Westem
DivisionTAREK ELKAFRAWI and JOSE LEON-GONZALEZ knowingly used fire to commit
Mail Fraud a felony prosecutable in a court of the United States
In violation ofTitle 18 United States Code Sections 844(h) and 2
COUNTl2
(Malicious Use of Fire Title 18 USC Sections 844(i) and 2)
The Grand Jury further charges that
142 The allegations contained in paragraphs 1-16and 18-102 ofthls Indictmentare reo
alleged and hereby incorporated by reference as if fully set forth herein
WTOL NEWS PAGE 0815OS232012 1149 4192447104
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38
143 On or about August 10and II 2008 in the Northern District of Ohio Western
Division TAREK ELKAFRAWIand JOSE LEON-GONZALEZ maliciously damaged bymeans
of fire and explosivematerialsa buildinglocated at 7777 Countymiddot Road 136 Findlay Ohio used
in interstatecommerce
In violation of Title 18 UnitedStates Code Sections 844(i) and 2
coUNtS 0-28
(Mail FraudTitle] 8 USCSection 1341)
The Grand Jury furthercharges that
144 The allegations containedin paragraphs 1-16and I8-102 of this lndictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
145 Fromapproximately the month of July 2008 the exact date unknownto the Grand
Jury through On or about October 27 2009 in the Northern District of Ohio Western Division
and elsewhereTAREK ELKAFRAWI devisedand intended to devise 8 scheme and artifice to
defraudFarmers InsW1J1ce Group and to obtain moneyand property by meansof false and
fraudulent pretenses representations and promises
146 It was part of the schemeand artificeto defraud that TAREK ELKAFRAWI would
submit traudulent invoices to FarmersInsuranceGroup under PolicyNumber 602926772 for
work that was not performed or performed at a lower invoice
147It was a furtherpart of the scheme and artifice that TAREK ELKAFRAWI submitted
claims forpayroll costs that were completely illusorybecause the requested claimswere for
periods the restaurant was closed and had no employees
~~~J2012 1149 4192447104
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39
148 It was a furtherpart of the sc erne and artifice that all checks were sent directly to
TAREKELKAFRAWI at the Terry Elk G~OUP not the Findlay lHOP
149On or about each of the dates bet forth below in the Northern District of Ohio
Western Division and elsewhere for the Jurpose of executing and attempting to execute the
above described scheme and artifice to delud TAREK ELKAFRAWI knowinglycaused to be
placed into any post office or authorized dlpository for mail matterany matter or thing to be sentI
and dellvered by the US Postal Service Jd caused to be deposited any matter to be sent or
delivered by private and commercial inters~te carrier the following matter from the state of
Illinois to Toledo Ohio each mailingcon~itUting a separate count
October 17 2008
October22 2008
January 262009
October21 2009
September22 2008
January 26 2009
SENDER
Fanners Insurance
Farmers Insurance
Farmers Insurance
Farmers Insurance
FarmersInsurance
Farmers Inswance
CO 20
M61LMAmR
$S5947S 1check to Terry Elk Group
21
I $45581367 check to Terry Elk Group
~ I $24444302 check to Terry Elk Group
~ I $2262384 check to Terry Elk Group
bOUNTM
I $2500000 check to Terry Elk Croup
~ $15684795 check to Terry Elk Group
PAGE 1015WTOL NEWS05232012 1149 4192447104
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40
COUNT 26
October ~ I 2009 Farmers Insurance $4285205 check to Terry Elk Group
COUNT 27
February 172009 Farmers Insurance $20867200check to Terry Elk Group
COUNT 21
October 27 2009 FarmersInsurance $15226400 check to Terry Elk Group
All in violationofTitle 18 United States Code Section 1341
COUNT 29
(Aggravated IdentityTheft Title 18 USC Section 1028A and 2)
The OrandJury furthercharges that
ISO The allegations contained in paragraphs 1-16and 18~102 of this Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
J51 Onorabout October9 2007 in the Northem District of9hlo Western Division
TAREK ELKAFRAWI did knowinglyuse without lawftllauthority a means of identification of
another personduring and in relation to the commission ofWire Fraud a violation ofride 18
United States Code Section 1343
In violation of Title 18 United States Code Sections I028A(a)(1) and 2
CQVNT30
(Aggravated Identity Theft T~tle is USC Section l028A and 2)
The Grand Jury further charges that
152 The allegations eontained in paragraphs 1-16 and 18-102 of this Indictment are reshy
alleged and hereby incorporated by reference as if fully set forth herein
05232012 1149 4192447104 WTOL NEWS PAGE 111 5
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41
153 On or about May 192008 in the Northern District of Ohio Western Division
TAREK ELKAFRAWIdid knowingly use without lawfulauthoritya means of identification of
another personduringand in relation to the commission of Wire Fraud a violation ofTitle 1g
United StatesCodeSection I~43
In violation of TitJe J8 UnitedStates Code Sections 1028A(a)(I) and 2
COUNT31
(Aggravated IdentityTheftTitle 18USC Section J028A and 2)
The Orand Jury furthercharges that
154 The allegations contained in paragraphs 1-l6- and 18middot102 of this Indictment are reshy
alleged and herebyincorporated by reference as if fully set forth herein
155 On or aboutJuly 132Q09 in the Northern District of Ohio Western Division
TAREK ELKAFRAWIj did knowingly use without lawfuJ authority a means of identification of
another personduring and in relation to the commission of Wire Fraud a violation of Title 18
United StatesCodeSection 1343
In violationofTitle 18 United States Code Sections 1028A(aXl) and 2
COlNT32
(Aggravated IdentityTheft Title 18USC Sectlon J028A and 2)
The Grand Jury furthercharges that
J56 Theallegations contained in paragraphs1-16and 184 J02 of this Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
157On or about May3l 2009 in theNorthern Districtof Ohio Western Division
TAREK ELKAFRAWI did knOWingly use without lawful authoritya means of identification of
OS232012 1149 4192447104 WTOL NEWS
Case 312-cr-00262-DAK Doc 1 Flied 0522112 42 of 65 PagelD 42
42
another person during and in relation to the commission of Wire Fraud a violation of Title 18
United States Code Section 1343
In violation ofTitle 18 United States Code Sections 1028A(a)(I) and 2
COUNT 33
(Aggravated Identity Theft Title 18 UsC Section l028A and 2)
The GrandJury further charges that
138 The allegationscontainedin paragraphs 1-16 and 18-]02 of this Indictment are reshy
alleged and herebyincorporated by reference as if fullyset forth herein
159 On or about October 22008 in the Northern District of Ohio Westem Division
TAREK ELKAFRAWI did knowingly use without lawfulauthority a means of identification of
another personduring and in relation to the commission of Wire Fraud a violationof Title 18
United States Code Section 1343
In violationof TItle ]8 United States Code Sections 1028A(a)(I) and 2
CQVNT34 (Aggravated IdentityTheft Title 18 USC Section 1028A and 2)
The Grand Jury furtherchargesthat
160 The allegationscontained in paragraphs 1-16and 18-102ofthis Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
16t Onor about January27 2008 in the Northern District of Ohio WesternDivision
TAREK ELKAFRAWI did knowinglyuse without lawfulauthority a means of identification of
anotherpersonduringand in relation to the commissionofWire Fraud a violation ofTitJe 18
United States Code Section 1343
In violation of Title 18United States Code Sections l028A(a)(1) and 2
I I
WTOL NEWS PAGE 13115OS232012 1149 4192447104 I
Case 312-cr-00262-DAK Doc 1 Filed 052212 43 of 65 PagelD 43
43
COUNT 35 (AggravatedIdentityTheft Title 18USC Section 1028A and 2)
The Grand Jury further charges that
162The allegations contained in paragraphs I-16 and 18-102 of this Indictment are reshy
alleged and herebyincorporated by reference as jf fully set forth herein
163On or about March 72009 in the NorthernDistrict of Ohio Western Division
TAREK ELKAFRAWI and KHALED YOUSEF did knowinglyuse without lawful authority a
means of identification of another personduringand in relation to the commission of Wire Fraud
a violation of Title 18 United States Code Section 1343
In violationof Title 18 United States Code Sections 1028A(a)(1)and 2
COUNT 36
(Aggravated IdentityTheft Title 18 USC Section 1028Aand 2)
The GrandJury further charges that
164 The allegations contained in paragraphs 1-16 and 18-102 of this Indictmentare reshy
allegedand hereby incorporated byreferenceas if fully set forth herein
16S On or about March tS 2009 in the Northern District of Ohio Western Division
TAREK ELKAFRAWI and KHALED YOUSEF did knowinglyuse without lawful authority a
means of identification of another person duringand in relation to the commission of WireFraud
a violation of Title 18United States Code Section 1343
In violation ofTitle 18United States Code Sections l028A(a)(1) and 2
~~~~2012 1149 4192447104 wloe NEWS
Case 312-cr-00262-0AK Doc 1 Filed 052212 44 of 65 PagelD 44
44
COUNT 37
(Aggravated Identity The~ Title 18 USC Section l028A and 2)
The GrandJury further charges that
166 Theallegations contained in paragraphs 1-16 and 18-] 02 of this Indictment are reshy
alleged and hereby incorporated byreference as if fully set forth herein
167 On or aboutJuly 21 2009 in the Northern District of Ohio Western Division
TAREK ELKAfRAWI and RAMIZAWWAO did knowingly use without lawful authority a
means of identification of anotherperson duringand in relation to the commission of WireFraud
a violation of Title 18United States Code Section 1343
In violation ofTitle 18 UnitedStates Code Sections l028A(a)(1) and 2
cOUNT38
(Aggravated Identity TheftTitle 18 USC Section 1028A and 2)
The Grand Juryfurthercharges that
168Theallegations contained in paragraphs 1-16 and t8-102 of this Indictment are reshy
alleged and hereby incorporated by reference 8S if fully set forth herein
169 On or about July 132009 in the NorthernDistrict ofOhio WesternDivision
TAREK ELKAFRAWIand IAMIL MOHAMMED AWWAD did knowingly use withoutlawful
authority a meansof identification of another person during and in relation to the commission of
Wire Fraud a violation ofTitle 18 United States Code Section 1343
In violation of Title 18 United States CodeSections l028A(a)(1) and 2
11 4l 41 l~44 IUl4 WIUL NIWl
Case 312-cr-00262-DAK Doc 1 Filed 0522112 45 of 65 PagelD 45
45
COUNT 39
(Identity Theftt Title 18 USC Sections 1028 and 2)
The Grand Jury further charges that
170 The allegationscontained in paragraphs 1-16 and 18-102 of this Indictment are reshy
alleged and hereby incorporated by reference as if fully set forth herein
171 On or about December132010 in the Northern District orOhio Western Division
TAREKELKAFRAWI and DONNA J HARRIOTTt did knowingly use in or affectinginterstate
or foreigncommerce without lawful authority a means of identification ofanother person to wit
s social securitynumber and date of birth with the intent to commit or to aid or abet or in
connectionwith any unlawful activitythat constitutes Wire Fraud 8 violation of 18USC
sect1343 and the offense involved the useof an authentication feature that is or appears to be an
identification document or authentication feature issued by Or under the authority of the United
States
All in violation ofTitle 1St United States Code Sections 1028(a)() (b)(l )(A)(l) and (f)
and 2
COUNI40
(Identity Theft Title 18USCbull Sections 1028and 2)
TheGrand Juryfurther chargesthat
172The allegationscontained in paragraphs 1-16 and J8middot102 of this Indictment are reo
allegedand hereby incorporated by referenceas if fully set forth herein
173On or about May42010 in the Northern District ofOhio Western Division
TAREK ELKAFRAWI and SARA RINEBOLT did knowingly use in or affecting interstate or
OS232012 1149 4192447104 WTOL NEWS PAGE 0115
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31
COuNT 7
May 162011 IHOPCorporate mailing of Amended Relief Contract
All in violation ofTitle l8 United States Code Section 1341
COUNTS
(Health Care FraudTitle 18 USC Sections 1347and 2)
The Grand Jury further charges that
118The allegations contained in 1-16and 18-102of this Indictment are re-allegedand
herebyincorporated byreferenceas if fullyset forth herein
119Using the methodsdescribed in Paragraphs 60-78 TAREK ELKAFRAWr and
others known to the Orand Jury submitted fraudulent reports to BWe resulting in BWe
undercbarging the Airport Highway IHOP
120 From on or about June 4 2004 to the date of this Indictment in the NorthernDistrict
of Ohio Western Division and elsewhere TAREK ELKAFRAWI and others known to the
Orand Jury having devised and intendingto devise B scheme and artifice to defraud the Ohio
Bureauof Workers Compensation (BWe) a healthcare benefit program as defined in Title 18
United States CodeSection24(b) of money by means ofmateriaJly false representations and
promises that was and is in connectionwith the paymentfor health care benefits items IUId
services did knowingly and willfully execute the aforesaid scheme
In violation of Title 18 UnitedStates Code Sections 1347and 2
PAGE 0215WTOL NEWSOS232012 1149 4192447104
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32
COLlNT9
(Health Care FraudTitle 18 USC Sections 1347and 2)
The Orand Jury further charges that
121 The allegations contained in paragraphs )-16 and 18102 of this Indictmentare reo
alleged and herebyincorporatedby reference as if fully set forth herein
122 Using the methodsdescribed in Paragraphs60-78 TAREK ELKAFRAWI and
others known to the Orand Jury submitted fraudulent reports to Bureau of Workers Compensation
(BWC)resulting in BWe undercharging theTalmadge IHOP
123 From on or about June 4 2004 to the date of this Indictment in the Northem District
ofOhio Western Divisionand elsewhere TAREK ELKAFRAWI and others known to the
Grand Jury having devised and intendingto devisea scheme and artifice to defraud the Ohio
awe a health carebenefit program as defined in Title )8 t United States CodeSection 24(b) of
moneyby means of materially false representations and promises that was and is in connection
with the paymentfor health care benefits hems and services did knowinglyand willfullyexecute
theaforesaid scheme
In violation of Title 18 UnitedStatesCode Sections 1347 and 2
CQUNTlll
(Health Care FraudTitle 18USC Sections 1347and 2)
The Orand Jury further charges that
124 Theallegations contained in paragraphs 1-16 and 18-102 of this Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
PAGE 0315WTOL NEWSOS232012 1149 4192447HI4
Case 312-cr-00262-DAK Doc 1 Filed 0522112 33 of 65 PagelD 33
33
125 Using themethods described in Paragraphs 60-78 TAREK ELKAFRAWI and
others known to the OrandJury submitted fraudulent reports to BWC resulting in BWC
undercharging the Lima IHOP
126 From on or about August 31 2007 through the date of this Indictment in the
Northern District of Ohio Western Divisionand elsewhereTAREK BLKAFRAWIand others
known to the GrandJury havingdevisedand intendingto devise a scheme and artifice to defraud
the Ohio Bureau of Workers Compensation (BWe) a health care benefit program as defined in
Title 18 United StatesCode Section24(b) of money by means of materially false
representations and promises that wasand is in connection with the payment for health care
benefits items and services did knowingly and willfullyexecute the aforesaid scheme
In violationof Title 18UnitedStates Code Sections 1347and 2
COUNT 11
(Health Care Fraud Title 18 USC Sections 1347and 2)
The Grand Jury furtherchargesthat
127The allegations contained in paragraphs 1-16and 18-102of this Indictment are reshy
allegedand herebyincorporated by reference as if fully set forth herein
128 Using the methods described in Paragraphs60-78 TAREK ELKAFRAWI and
others known to the OrandJury submitted fraudulent reports to Bwe resulting in awe
undercharging the Findlay IHOP
129 From on or aboutMay 102004 through the date of this Indictment in the Northern
Districtof Ohio Western Division and elsewhere TAREK ELKAFRAWI and others knownto
theGrand Jury havingdevised and intending to devise a scheme and artifice to defraud the Ohio
Bureau of WorkersCompensation (BWe) a health care benefit program as defined in Title 18
4) lL44Hl4 WIUL NIW~
Case 312-cr-00262-DAK Doc 1 Filed 052212 34 of 65 PagelD 34
34
United StatesCode Section 24(b) of moneyby meansof materially false representations and
promises that wasand is in connection with the payment for healthcare benefits items and
services did knowingly and willfully execute the aforesaidscheme
In violation of Title 18 United States Code Sections 1347and 2
CoUNT12
(Health Care Fraud Title 18USC Sections 1347and 2)
The Orand Jut)I further charges that
130 The allegations contained in paragraphs Imiddot] 6 and 18-]02 of this Indictmentare reshy
alleged and hereby incorporated by reference as iffulJy set forth herein
13 l Usingthe methods described in Paragraphs 60-78 TAREK ELKAFRAWI and
others knownto the Orand Jury submitted fraudulent reports to BWe resulting in awe
undercharging the Central IHOP
132 From onor about February 28 2005 through the date of this Indictment in the
Northern Districtof Ohio Westem Division and elsewhere TAREKELKAFRAWI and others
known to the Grand Juryhavingdevisedand intending to devisea scheme and artifice to defraud
the Ohio Bureau of Workers Compensation (BWC) a health care benefitprogram as defined in
Title 18 United States CodeSection24(b) of money by means ofmaterially false
representations and promises that was and Is in connection with the paymentfor health care
benefits items and services did knowingly and willfully executethe aforesaid scheme
In vioJation of Title 18 United States Code Sections 1347and 2
41 I~4411~4 WIUL N~W~
Case 312middotcr-00262middotDAK Doc 1 Filed 052212 35 of 65 pagelO 35
3S
COUNT 13
(HealthCare Fraud Title 18 USC Sections 1347 and 2)
The Grand Jury furtherchargesthat
133The allegationscontained in paragraphs 1middot16 and 18middot102 of this Indictment are reshy
alleged and herebyincorporated by reference 8$ if fullyset forth herein
134 Using the methodsdescribed in Paragraphs 6Q78 TAREK ELKAFRAWI and
others known to the GrandJury submitted fraudulent reports to awc resulting in awe
undercharging the Perrysburg JHOP
135 From on or about August 30 2005 through the date ofthis Indictment in the
Northern District of Ohio Western Division and elsewhere TAREK ELKAFRAWI and others
known to the GrandJury having devised and intending to devise a scheme and artifice to defraud
the Ohio Bureauof WorkersCompensation(BWC) a health care benefit program as defined in
Title 18 United States Code Section 24(b) of money by means of materially false
representations and promises that was and is in cenneetlon with the payment for health care
benefits items and services did knowinglyand willfullyexecute the aforesaid scheme
In violationofTitle 18United StatesCode Sections 1347 and 2
COUNTS 14-17
(Mail Fraud Title 18 USC Section J341)
The Grand Jury furthercharges that
136 The allegations containedin paragraphs 1-16 and 18middot102 of this Indictmentare reshy
alleged and hereby incorporatedby referenceas if fully set forth herein
131 Fromon or about January 30 20ll through on or about April 10201 I in the
Northern District of Ohio Western Division and elsewhere Defendants TAREK ELKAFRAWI
PAGE 061lbWIDe NEWS~b1L32012 1149
Case 312-cr-00262-DAK Doc 1 Filed 052212 36 of 65 PagelD 36
36
and TAREK EIDOMARdevised and intended to devisea scheme and artifice to deframiddotud and to
obtain moneyfrom THOP Corporate by meansof materially false and fraudulent pretenses
representations and promises
MANNER AND MEANS
(t was part of the schemeand artifice that
]38 Using the methods described in Paragraphs 46-54 and 71-78 TAREK ELKAFRAWI
and TAREK EIDOMARmanipulated the SABLE Pointof Sale system to fraudulently report
debits and charges in order to hide the removal of cashdirectly from the Evansville IHOP
TAREK EID OMARat the direction of TAREKELKAFRAWI would then producea fraudulent
PampL report and mail it using the United States PostalService to provide that report to
Management Services in Wichita Falls Texas
139 Onor about each ofthe dates set forth below in the Northern District of Ohio
Western Division andelsewhere for the purpose ofexecutingand attempting to executethe
above described scheme and artifice to defraudTAREK ELKAFRAWI and TAREK EID OMAR
knowingly caused to be placed into any post office or authorized depository for mail matterany
matteror thingto besent and delivered by the US Postal Services and caused to be deposited any
matter to be sent or delivered by privateand commercial interstatecarrier the following matter
from Toledo Ohioand Evansville Indianato WichitaFallsTexas each mailingconstituting a
separate count
COUNT 14
Mm SENDER MAIL MAUER
January 302011 TAREK EID OMAR PampL report
OS232012 1149 419~447104 WTOL NEWS PAGE 0715
Case 312-cr-00262-0AK Doc 1 Filed 0522112 37 of 65 PagelD 37
37
COUNT 15
February14 2011 TAREK BID OMAR PampL report
COUNT 16
March 28 20II TAREKEID OMAR PampL report
COUNT 17
April 102011 TAREK EJD OMAR PampL report
All in violation ofTitle 18UnitedStates Code Sections 341 and 2
COUNT 18
(Use of Fire to Commit a Felony Title 18 USC Sections 844(h) and 2)
TheGrand Jury further charges that
140The allegations contained in paragraphs 1-16 and 18-102 ofthis Indictmentarc reshy
alleged and hereby incorporatedby reference as if fully set forth herein
141On or about August 10 and II 2008 [n the Northern Districtof Ohio Westem
DivisionTAREK ELKAFRAWI and JOSE LEON-GONZALEZ knowingly used fire to commit
Mail Fraud a felony prosecutable in a court of the United States
In violation ofTitle 18 United States Code Sections 844(h) and 2
COUNTl2
(Malicious Use of Fire Title 18 USC Sections 844(i) and 2)
The Grand Jury further charges that
142 The allegations contained in paragraphs 1-16and 18-102 ofthls Indictmentare reo
alleged and hereby incorporated by reference as if fully set forth herein
WTOL NEWS PAGE 0815OS232012 1149 4192447104
Case 312-cr-00262-DAK Doc 1 Filed 052212 38 of 65 PagelD 38
38
143 On or about August 10and II 2008 in the Northern District of Ohio Western
Division TAREK ELKAFRAWIand JOSE LEON-GONZALEZ maliciously damaged bymeans
of fire and explosivematerialsa buildinglocated at 7777 Countymiddot Road 136 Findlay Ohio used
in interstatecommerce
In violation of Title 18 UnitedStates Code Sections 844(i) and 2
coUNtS 0-28
(Mail FraudTitle] 8 USCSection 1341)
The Grand Jury furthercharges that
144 The allegations containedin paragraphs 1-16and I8-102 of this lndictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
145 Fromapproximately the month of July 2008 the exact date unknownto the Grand
Jury through On or about October 27 2009 in the Northern District of Ohio Western Division
and elsewhereTAREK ELKAFRAWI devisedand intended to devise 8 scheme and artifice to
defraudFarmers InsW1J1ce Group and to obtain moneyand property by meansof false and
fraudulent pretenses representations and promises
146 It was part of the schemeand artificeto defraud that TAREK ELKAFRAWI would
submit traudulent invoices to FarmersInsuranceGroup under PolicyNumber 602926772 for
work that was not performed or performed at a lower invoice
147It was a furtherpart of the scheme and artifice that TAREK ELKAFRAWI submitted
claims forpayroll costs that were completely illusorybecause the requested claimswere for
periods the restaurant was closed and had no employees
~~~J2012 1149 4192447104
Case 312-cr-00262-DAK Doc
WIDe NEWS PAGE 091~
1 Filed 052212 39 of 65 PagelD 39
39
148 It was a furtherpart of the sc erne and artifice that all checks were sent directly to
TAREKELKAFRAWI at the Terry Elk G~OUP not the Findlay lHOP
149On or about each of the dates bet forth below in the Northern District of Ohio
Western Division and elsewhere for the Jurpose of executing and attempting to execute the
above described scheme and artifice to delud TAREK ELKAFRAWI knowinglycaused to be
placed into any post office or authorized dlpository for mail matterany matter or thing to be sentI
and dellvered by the US Postal Service Jd caused to be deposited any matter to be sent or
delivered by private and commercial inters~te carrier the following matter from the state of
Illinois to Toledo Ohio each mailingcon~itUting a separate count
October 17 2008
October22 2008
January 262009
October21 2009
September22 2008
January 26 2009
SENDER
Fanners Insurance
Farmers Insurance
Farmers Insurance
Farmers Insurance
FarmersInsurance
Farmers Inswance
CO 20
M61LMAmR
$S5947S 1check to Terry Elk Group
21
I $45581367 check to Terry Elk Group
~ I $24444302 check to Terry Elk Group
~ I $2262384 check to Terry Elk Group
bOUNTM
I $2500000 check to Terry Elk Croup
~ $15684795 check to Terry Elk Group
PAGE 1015WTOL NEWS05232012 1149 4192447104
Case 312-cr-00262-DAK Doc 1 Filed 05122112 40 of 65 pagelD 40
40
COUNT 26
October ~ I 2009 Farmers Insurance $4285205 check to Terry Elk Group
COUNT 27
February 172009 Farmers Insurance $20867200check to Terry Elk Group
COUNT 21
October 27 2009 FarmersInsurance $15226400 check to Terry Elk Group
All in violationofTitle 18 United States Code Section 1341
COUNT 29
(Aggravated IdentityTheft Title 18 USC Section 1028A and 2)
The OrandJury furthercharges that
ISO The allegations contained in paragraphs 1-16and 18~102 of this Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
J51 Onorabout October9 2007 in the Northem District of9hlo Western Division
TAREK ELKAFRAWI did knowinglyuse without lawftllauthority a means of identification of
another personduring and in relation to the commission ofWire Fraud a violation ofride 18
United States Code Section 1343
In violation of Title 18 United States Code Sections I028A(a)(1) and 2
CQVNT30
(Aggravated Identity Theft T~tle is USC Section l028A and 2)
The Grand Jury further charges that
152 The allegations eontained in paragraphs 1-16 and 18-102 of this Indictment are reshy
alleged and hereby incorporated by reference as if fully set forth herein
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41
153 On or about May 192008 in the Northern District of Ohio Western Division
TAREK ELKAFRAWIdid knowingly use without lawfulauthoritya means of identification of
another personduringand in relation to the commission of Wire Fraud a violation ofTitle 1g
United StatesCodeSection I~43
In violation of TitJe J8 UnitedStates Code Sections 1028A(a)(I) and 2
COUNT31
(Aggravated IdentityTheftTitle 18USC Section J028A and 2)
The Orand Jury furthercharges that
154 The allegations contained in paragraphs 1-l6- and 18middot102 of this Indictment are reshy
alleged and herebyincorporated by reference as if fully set forth herein
155 On or aboutJuly 132Q09 in the Northern District of Ohio Western Division
TAREK ELKAFRAWIj did knowingly use without lawfuJ authority a means of identification of
another personduring and in relation to the commission of Wire Fraud a violation of Title 18
United StatesCodeSection 1343
In violationofTitle 18 United States Code Sections 1028A(aXl) and 2
COlNT32
(Aggravated IdentityTheft Title 18USC Sectlon J028A and 2)
The Grand Jury furthercharges that
J56 Theallegations contained in paragraphs1-16and 184 J02 of this Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
157On or about May3l 2009 in theNorthern Districtof Ohio Western Division
TAREK ELKAFRAWI did knOWingly use without lawful authoritya means of identification of
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42
another person during and in relation to the commission of Wire Fraud a violation of Title 18
United States Code Section 1343
In violation ofTitle 18 United States Code Sections 1028A(a)(I) and 2
COUNT 33
(Aggravated Identity Theft Title 18 UsC Section l028A and 2)
The GrandJury further charges that
138 The allegationscontainedin paragraphs 1-16 and 18-]02 of this Indictment are reshy
alleged and herebyincorporated by reference as if fullyset forth herein
159 On or about October 22008 in the Northern District of Ohio Westem Division
TAREK ELKAFRAWI did knowingly use without lawfulauthority a means of identification of
another personduring and in relation to the commission of Wire Fraud a violationof Title 18
United States Code Section 1343
In violationof TItle ]8 United States Code Sections 1028A(a)(I) and 2
CQVNT34 (Aggravated IdentityTheft Title 18 USC Section 1028A and 2)
The Grand Jury furtherchargesthat
160 The allegationscontained in paragraphs 1-16and 18-102ofthis Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
16t Onor about January27 2008 in the Northern District of Ohio WesternDivision
TAREK ELKAFRAWI did knowinglyuse without lawfulauthority a means of identification of
anotherpersonduringand in relation to the commissionofWire Fraud a violation ofTitJe 18
United States Code Section 1343
In violation of Title 18United States Code Sections l028A(a)(1) and 2
I I
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43
COUNT 35 (AggravatedIdentityTheft Title 18USC Section 1028A and 2)
The Grand Jury further charges that
162The allegations contained in paragraphs I-16 and 18-102 of this Indictment are reshy
alleged and herebyincorporated by reference as jf fully set forth herein
163On or about March 72009 in the NorthernDistrict of Ohio Western Division
TAREK ELKAFRAWI and KHALED YOUSEF did knowinglyuse without lawful authority a
means of identification of another personduringand in relation to the commission of Wire Fraud
a violation of Title 18 United States Code Section 1343
In violationof Title 18 United States Code Sections 1028A(a)(1)and 2
COUNT 36
(Aggravated IdentityTheft Title 18 USC Section 1028Aand 2)
The GrandJury further charges that
164 The allegations contained in paragraphs 1-16 and 18-102 of this Indictmentare reshy
allegedand hereby incorporated byreferenceas if fully set forth herein
16S On or about March tS 2009 in the Northern District of Ohio Western Division
TAREK ELKAFRAWI and KHALED YOUSEF did knowinglyuse without lawful authority a
means of identification of another person duringand in relation to the commission of WireFraud
a violation of Title 18United States Code Section 1343
In violation ofTitle 18United States Code Sections l028A(a)(1) and 2
~~~~2012 1149 4192447104 wloe NEWS
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44
COUNT 37
(Aggravated Identity The~ Title 18 USC Section l028A and 2)
The GrandJury further charges that
166 Theallegations contained in paragraphs 1-16 and 18-] 02 of this Indictment are reshy
alleged and hereby incorporated byreference as if fully set forth herein
167 On or aboutJuly 21 2009 in the Northern District of Ohio Western Division
TAREK ELKAfRAWI and RAMIZAWWAO did knowingly use without lawful authority a
means of identification of anotherperson duringand in relation to the commission of WireFraud
a violation of Title 18United States Code Section 1343
In violation ofTitle 18 UnitedStates Code Sections l028A(a)(1) and 2
cOUNT38
(Aggravated Identity TheftTitle 18 USC Section 1028A and 2)
The Grand Juryfurthercharges that
168Theallegations contained in paragraphs 1-16 and t8-102 of this Indictment are reshy
alleged and hereby incorporated by reference 8S if fully set forth herein
169 On or about July 132009 in the NorthernDistrict ofOhio WesternDivision
TAREK ELKAFRAWIand IAMIL MOHAMMED AWWAD did knowingly use withoutlawful
authority a meansof identification of another person during and in relation to the commission of
Wire Fraud a violation ofTitle 18 United States Code Section 1343
In violation of Title 18 United States CodeSections l028A(a)(1) and 2
11 4l 41 l~44 IUl4 WIUL NIWl
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45
COUNT 39
(Identity Theftt Title 18 USC Sections 1028 and 2)
The Grand Jury further charges that
170 The allegationscontained in paragraphs 1-16 and 18-102 of this Indictment are reshy
alleged and hereby incorporated by reference as if fully set forth herein
171 On or about December132010 in the Northern District orOhio Western Division
TAREKELKAFRAWI and DONNA J HARRIOTTt did knowingly use in or affectinginterstate
or foreigncommerce without lawful authority a means of identification ofanother person to wit
s social securitynumber and date of birth with the intent to commit or to aid or abet or in
connectionwith any unlawful activitythat constitutes Wire Fraud 8 violation of 18USC
sect1343 and the offense involved the useof an authentication feature that is or appears to be an
identification document or authentication feature issued by Or under the authority of the United
States
All in violation ofTitle 1St United States Code Sections 1028(a)() (b)(l )(A)(l) and (f)
and 2
COUNI40
(Identity Theft Title 18USCbull Sections 1028and 2)
TheGrand Juryfurther chargesthat
172The allegationscontained in paragraphs 1-16 and J8middot102 of this Indictment are reo
allegedand hereby incorporated by referenceas if fully set forth herein
173On or about May42010 in the Northern District ofOhio Western Division
TAREK ELKAFRAWI and SARA RINEBOLT did knowingly use in or affecting interstate or
PAGE 0215WTOL NEWSOS232012 1149 4192447104
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32
COLlNT9
(Health Care FraudTitle 18 USC Sections 1347and 2)
The Orand Jury further charges that
121 The allegations contained in paragraphs )-16 and 18102 of this Indictmentare reo
alleged and herebyincorporatedby reference as if fully set forth herein
122 Using the methodsdescribed in Paragraphs60-78 TAREK ELKAFRAWI and
others known to the Orand Jury submitted fraudulent reports to Bureau of Workers Compensation
(BWC)resulting in BWe undercharging theTalmadge IHOP
123 From on or about June 4 2004 to the date of this Indictment in the Northem District
ofOhio Western Divisionand elsewhere TAREK ELKAFRAWI and others known to the
Grand Jury having devised and intendingto devisea scheme and artifice to defraud the Ohio
awe a health carebenefit program as defined in Title )8 t United States CodeSection 24(b) of
moneyby means of materially false representations and promises that was and is in connection
with the paymentfor health care benefits hems and services did knowinglyand willfullyexecute
theaforesaid scheme
In violation of Title 18 UnitedStatesCode Sections 1347 and 2
CQUNTlll
(Health Care FraudTitle 18USC Sections 1347and 2)
The Orand Jury further charges that
124 Theallegations contained in paragraphs 1-16 and 18-102 of this Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
PAGE 0315WTOL NEWSOS232012 1149 4192447HI4
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33
125 Using themethods described in Paragraphs 60-78 TAREK ELKAFRAWI and
others known to the OrandJury submitted fraudulent reports to BWC resulting in BWC
undercharging the Lima IHOP
126 From on or about August 31 2007 through the date of this Indictment in the
Northern District of Ohio Western Divisionand elsewhereTAREK BLKAFRAWIand others
known to the GrandJury havingdevisedand intendingto devise a scheme and artifice to defraud
the Ohio Bureau of Workers Compensation (BWe) a health care benefit program as defined in
Title 18 United StatesCode Section24(b) of money by means of materially false
representations and promises that wasand is in connection with the payment for health care
benefits items and services did knowingly and willfullyexecute the aforesaid scheme
In violationof Title 18UnitedStates Code Sections 1347and 2
COUNT 11
(Health Care Fraud Title 18 USC Sections 1347and 2)
The Grand Jury furtherchargesthat
127The allegations contained in paragraphs 1-16and 18-102of this Indictment are reshy
allegedand herebyincorporated by reference as if fully set forth herein
128 Using the methods described in Paragraphs60-78 TAREK ELKAFRAWI and
others known to the OrandJury submitted fraudulent reports to Bwe resulting in awe
undercharging the Findlay IHOP
129 From on or aboutMay 102004 through the date of this Indictment in the Northern
Districtof Ohio Western Division and elsewhere TAREK ELKAFRAWI and others knownto
theGrand Jury havingdevised and intending to devise a scheme and artifice to defraud the Ohio
Bureau of WorkersCompensation (BWe) a health care benefit program as defined in Title 18
4) lL44Hl4 WIUL NIW~
Case 312-cr-00262-DAK Doc 1 Filed 052212 34 of 65 PagelD 34
34
United StatesCode Section 24(b) of moneyby meansof materially false representations and
promises that wasand is in connection with the payment for healthcare benefits items and
services did knowingly and willfully execute the aforesaidscheme
In violation of Title 18 United States Code Sections 1347and 2
CoUNT12
(Health Care Fraud Title 18USC Sections 1347and 2)
The Orand Jut)I further charges that
130 The allegations contained in paragraphs Imiddot] 6 and 18-]02 of this Indictmentare reshy
alleged and hereby incorporated by reference as iffulJy set forth herein
13 l Usingthe methods described in Paragraphs 60-78 TAREK ELKAFRAWI and
others knownto the Orand Jury submitted fraudulent reports to BWe resulting in awe
undercharging the Central IHOP
132 From onor about February 28 2005 through the date of this Indictment in the
Northern Districtof Ohio Westem Division and elsewhere TAREKELKAFRAWI and others
known to the Grand Juryhavingdevisedand intending to devisea scheme and artifice to defraud
the Ohio Bureau of Workers Compensation (BWC) a health care benefitprogram as defined in
Title 18 United States CodeSection24(b) of money by means ofmaterially false
representations and promises that was and Is in connection with the paymentfor health care
benefits items and services did knowingly and willfully executethe aforesaid scheme
In vioJation of Title 18 United States Code Sections 1347and 2
41 I~4411~4 WIUL N~W~
Case 312middotcr-00262middotDAK Doc 1 Filed 052212 35 of 65 pagelO 35
3S
COUNT 13
(HealthCare Fraud Title 18 USC Sections 1347 and 2)
The Grand Jury furtherchargesthat
133The allegationscontained in paragraphs 1middot16 and 18middot102 of this Indictment are reshy
alleged and herebyincorporated by reference 8$ if fullyset forth herein
134 Using the methodsdescribed in Paragraphs 6Q78 TAREK ELKAFRAWI and
others known to the GrandJury submitted fraudulent reports to awc resulting in awe
undercharging the Perrysburg JHOP
135 From on or about August 30 2005 through the date ofthis Indictment in the
Northern District of Ohio Western Division and elsewhere TAREK ELKAFRAWI and others
known to the GrandJury having devised and intending to devise a scheme and artifice to defraud
the Ohio Bureauof WorkersCompensation(BWC) a health care benefit program as defined in
Title 18 United States Code Section 24(b) of money by means of materially false
representations and promises that was and is in cenneetlon with the payment for health care
benefits items and services did knowinglyand willfullyexecute the aforesaid scheme
In violationofTitle 18United StatesCode Sections 1347 and 2
COUNTS 14-17
(Mail Fraud Title 18 USC Section J341)
The Grand Jury furthercharges that
136 The allegations containedin paragraphs 1-16 and 18middot102 of this Indictmentare reshy
alleged and hereby incorporatedby referenceas if fully set forth herein
131 Fromon or about January 30 20ll through on or about April 10201 I in the
Northern District of Ohio Western Division and elsewhere Defendants TAREK ELKAFRAWI
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36
and TAREK EIDOMARdevised and intended to devisea scheme and artifice to deframiddotud and to
obtain moneyfrom THOP Corporate by meansof materially false and fraudulent pretenses
representations and promises
MANNER AND MEANS
(t was part of the schemeand artifice that
]38 Using the methods described in Paragraphs 46-54 and 71-78 TAREK ELKAFRAWI
and TAREK EIDOMARmanipulated the SABLE Pointof Sale system to fraudulently report
debits and charges in order to hide the removal of cashdirectly from the Evansville IHOP
TAREK EID OMARat the direction of TAREKELKAFRAWI would then producea fraudulent
PampL report and mail it using the United States PostalService to provide that report to
Management Services in Wichita Falls Texas
139 Onor about each ofthe dates set forth below in the Northern District of Ohio
Western Division andelsewhere for the purpose ofexecutingand attempting to executethe
above described scheme and artifice to defraudTAREK ELKAFRAWI and TAREK EID OMAR
knowingly caused to be placed into any post office or authorized depository for mail matterany
matteror thingto besent and delivered by the US Postal Services and caused to be deposited any
matter to be sent or delivered by privateand commercial interstatecarrier the following matter
from Toledo Ohioand Evansville Indianato WichitaFallsTexas each mailingconstituting a
separate count
COUNT 14
Mm SENDER MAIL MAUER
January 302011 TAREK EID OMAR PampL report
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37
COUNT 15
February14 2011 TAREK BID OMAR PampL report
COUNT 16
March 28 20II TAREKEID OMAR PampL report
COUNT 17
April 102011 TAREK EJD OMAR PampL report
All in violation ofTitle 18UnitedStates Code Sections 341 and 2
COUNT 18
(Use of Fire to Commit a Felony Title 18 USC Sections 844(h) and 2)
TheGrand Jury further charges that
140The allegations contained in paragraphs 1-16 and 18-102 ofthis Indictmentarc reshy
alleged and hereby incorporatedby reference as if fully set forth herein
141On or about August 10 and II 2008 [n the Northern Districtof Ohio Westem
DivisionTAREK ELKAFRAWI and JOSE LEON-GONZALEZ knowingly used fire to commit
Mail Fraud a felony prosecutable in a court of the United States
In violation ofTitle 18 United States Code Sections 844(h) and 2
COUNTl2
(Malicious Use of Fire Title 18 USC Sections 844(i) and 2)
The Grand Jury further charges that
142 The allegations contained in paragraphs 1-16and 18-102 ofthls Indictmentare reo
alleged and hereby incorporated by reference as if fully set forth herein
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38
143 On or about August 10and II 2008 in the Northern District of Ohio Western
Division TAREK ELKAFRAWIand JOSE LEON-GONZALEZ maliciously damaged bymeans
of fire and explosivematerialsa buildinglocated at 7777 Countymiddot Road 136 Findlay Ohio used
in interstatecommerce
In violation of Title 18 UnitedStates Code Sections 844(i) and 2
coUNtS 0-28
(Mail FraudTitle] 8 USCSection 1341)
The Grand Jury furthercharges that
144 The allegations containedin paragraphs 1-16and I8-102 of this lndictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
145 Fromapproximately the month of July 2008 the exact date unknownto the Grand
Jury through On or about October 27 2009 in the Northern District of Ohio Western Division
and elsewhereTAREK ELKAFRAWI devisedand intended to devise 8 scheme and artifice to
defraudFarmers InsW1J1ce Group and to obtain moneyand property by meansof false and
fraudulent pretenses representations and promises
146 It was part of the schemeand artificeto defraud that TAREK ELKAFRAWI would
submit traudulent invoices to FarmersInsuranceGroup under PolicyNumber 602926772 for
work that was not performed or performed at a lower invoice
147It was a furtherpart of the scheme and artifice that TAREK ELKAFRAWI submitted
claims forpayroll costs that were completely illusorybecause the requested claimswere for
periods the restaurant was closed and had no employees
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39
148 It was a furtherpart of the sc erne and artifice that all checks were sent directly to
TAREKELKAFRAWI at the Terry Elk G~OUP not the Findlay lHOP
149On or about each of the dates bet forth below in the Northern District of Ohio
Western Division and elsewhere for the Jurpose of executing and attempting to execute the
above described scheme and artifice to delud TAREK ELKAFRAWI knowinglycaused to be
placed into any post office or authorized dlpository for mail matterany matter or thing to be sentI
and dellvered by the US Postal Service Jd caused to be deposited any matter to be sent or
delivered by private and commercial inters~te carrier the following matter from the state of
Illinois to Toledo Ohio each mailingcon~itUting a separate count
October 17 2008
October22 2008
January 262009
October21 2009
September22 2008
January 26 2009
SENDER
Fanners Insurance
Farmers Insurance
Farmers Insurance
Farmers Insurance
FarmersInsurance
Farmers Inswance
CO 20
M61LMAmR
$S5947S 1check to Terry Elk Group
21
I $45581367 check to Terry Elk Group
~ I $24444302 check to Terry Elk Group
~ I $2262384 check to Terry Elk Group
bOUNTM
I $2500000 check to Terry Elk Croup
~ $15684795 check to Terry Elk Group
PAGE 1015WTOL NEWS05232012 1149 4192447104
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40
COUNT 26
October ~ I 2009 Farmers Insurance $4285205 check to Terry Elk Group
COUNT 27
February 172009 Farmers Insurance $20867200check to Terry Elk Group
COUNT 21
October 27 2009 FarmersInsurance $15226400 check to Terry Elk Group
All in violationofTitle 18 United States Code Section 1341
COUNT 29
(Aggravated IdentityTheft Title 18 USC Section 1028A and 2)
The OrandJury furthercharges that
ISO The allegations contained in paragraphs 1-16and 18~102 of this Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
J51 Onorabout October9 2007 in the Northem District of9hlo Western Division
TAREK ELKAFRAWI did knowinglyuse without lawftllauthority a means of identification of
another personduring and in relation to the commission ofWire Fraud a violation ofride 18
United States Code Section 1343
In violation of Title 18 United States Code Sections I028A(a)(1) and 2
CQVNT30
(Aggravated Identity Theft T~tle is USC Section l028A and 2)
The Grand Jury further charges that
152 The allegations eontained in paragraphs 1-16 and 18-102 of this Indictment are reshy
alleged and hereby incorporated by reference as if fully set forth herein
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41
153 On or about May 192008 in the Northern District of Ohio Western Division
TAREK ELKAFRAWIdid knowingly use without lawfulauthoritya means of identification of
another personduringand in relation to the commission of Wire Fraud a violation ofTitle 1g
United StatesCodeSection I~43
In violation of TitJe J8 UnitedStates Code Sections 1028A(a)(I) and 2
COUNT31
(Aggravated IdentityTheftTitle 18USC Section J028A and 2)
The Orand Jury furthercharges that
154 The allegations contained in paragraphs 1-l6- and 18middot102 of this Indictment are reshy
alleged and herebyincorporated by reference as if fully set forth herein
155 On or aboutJuly 132Q09 in the Northern District of Ohio Western Division
TAREK ELKAFRAWIj did knowingly use without lawfuJ authority a means of identification of
another personduring and in relation to the commission of Wire Fraud a violation of Title 18
United StatesCodeSection 1343
In violationofTitle 18 United States Code Sections 1028A(aXl) and 2
COlNT32
(Aggravated IdentityTheft Title 18USC Sectlon J028A and 2)
The Grand Jury furthercharges that
J56 Theallegations contained in paragraphs1-16and 184 J02 of this Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
157On or about May3l 2009 in theNorthern Districtof Ohio Western Division
TAREK ELKAFRAWI did knOWingly use without lawful authoritya means of identification of
OS232012 1149 4192447104 WTOL NEWS
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42
another person during and in relation to the commission of Wire Fraud a violation of Title 18
United States Code Section 1343
In violation ofTitle 18 United States Code Sections 1028A(a)(I) and 2
COUNT 33
(Aggravated Identity Theft Title 18 UsC Section l028A and 2)
The GrandJury further charges that
138 The allegationscontainedin paragraphs 1-16 and 18-]02 of this Indictment are reshy
alleged and herebyincorporated by reference as if fullyset forth herein
159 On or about October 22008 in the Northern District of Ohio Westem Division
TAREK ELKAFRAWI did knowingly use without lawfulauthority a means of identification of
another personduring and in relation to the commission of Wire Fraud a violationof Title 18
United States Code Section 1343
In violationof TItle ]8 United States Code Sections 1028A(a)(I) and 2
CQVNT34 (Aggravated IdentityTheft Title 18 USC Section 1028A and 2)
The Grand Jury furtherchargesthat
160 The allegationscontained in paragraphs 1-16and 18-102ofthis Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
16t Onor about January27 2008 in the Northern District of Ohio WesternDivision
TAREK ELKAFRAWI did knowinglyuse without lawfulauthority a means of identification of
anotherpersonduringand in relation to the commissionofWire Fraud a violation ofTitJe 18
United States Code Section 1343
In violation of Title 18United States Code Sections l028A(a)(1) and 2
I I
WTOL NEWS PAGE 13115OS232012 1149 4192447104 I
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43
COUNT 35 (AggravatedIdentityTheft Title 18USC Section 1028A and 2)
The Grand Jury further charges that
162The allegations contained in paragraphs I-16 and 18-102 of this Indictment are reshy
alleged and herebyincorporated by reference as jf fully set forth herein
163On or about March 72009 in the NorthernDistrict of Ohio Western Division
TAREK ELKAFRAWI and KHALED YOUSEF did knowinglyuse without lawful authority a
means of identification of another personduringand in relation to the commission of Wire Fraud
a violation of Title 18 United States Code Section 1343
In violationof Title 18 United States Code Sections 1028A(a)(1)and 2
COUNT 36
(Aggravated IdentityTheft Title 18 USC Section 1028Aand 2)
The GrandJury further charges that
164 The allegations contained in paragraphs 1-16 and 18-102 of this Indictmentare reshy
allegedand hereby incorporated byreferenceas if fully set forth herein
16S On or about March tS 2009 in the Northern District of Ohio Western Division
TAREK ELKAFRAWI and KHALED YOUSEF did knowinglyuse without lawful authority a
means of identification of another person duringand in relation to the commission of WireFraud
a violation of Title 18United States Code Section 1343
In violation ofTitle 18United States Code Sections l028A(a)(1) and 2
~~~~2012 1149 4192447104 wloe NEWS
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44
COUNT 37
(Aggravated Identity The~ Title 18 USC Section l028A and 2)
The GrandJury further charges that
166 Theallegations contained in paragraphs 1-16 and 18-] 02 of this Indictment are reshy
alleged and hereby incorporated byreference as if fully set forth herein
167 On or aboutJuly 21 2009 in the Northern District of Ohio Western Division
TAREK ELKAfRAWI and RAMIZAWWAO did knowingly use without lawful authority a
means of identification of anotherperson duringand in relation to the commission of WireFraud
a violation of Title 18United States Code Section 1343
In violation ofTitle 18 UnitedStates Code Sections l028A(a)(1) and 2
cOUNT38
(Aggravated Identity TheftTitle 18 USC Section 1028A and 2)
The Grand Juryfurthercharges that
168Theallegations contained in paragraphs 1-16 and t8-102 of this Indictment are reshy
alleged and hereby incorporated by reference 8S if fully set forth herein
169 On or about July 132009 in the NorthernDistrict ofOhio WesternDivision
TAREK ELKAFRAWIand IAMIL MOHAMMED AWWAD did knowingly use withoutlawful
authority a meansof identification of another person during and in relation to the commission of
Wire Fraud a violation ofTitle 18 United States Code Section 1343
In violation of Title 18 United States CodeSections l028A(a)(1) and 2
11 4l 41 l~44 IUl4 WIUL NIWl
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45
COUNT 39
(Identity Theftt Title 18 USC Sections 1028 and 2)
The Grand Jury further charges that
170 The allegationscontained in paragraphs 1-16 and 18-102 of this Indictment are reshy
alleged and hereby incorporated by reference as if fully set forth herein
171 On or about December132010 in the Northern District orOhio Western Division
TAREKELKAFRAWI and DONNA J HARRIOTTt did knowingly use in or affectinginterstate
or foreigncommerce without lawful authority a means of identification ofanother person to wit
s social securitynumber and date of birth with the intent to commit or to aid or abet or in
connectionwith any unlawful activitythat constitutes Wire Fraud 8 violation of 18USC
sect1343 and the offense involved the useof an authentication feature that is or appears to be an
identification document or authentication feature issued by Or under the authority of the United
States
All in violation ofTitle 1St United States Code Sections 1028(a)() (b)(l )(A)(l) and (f)
and 2
COUNI40
(Identity Theft Title 18USCbull Sections 1028and 2)
TheGrand Juryfurther chargesthat
172The allegationscontained in paragraphs 1-16 and J8middot102 of this Indictment are reo
allegedand hereby incorporated by referenceas if fully set forth herein
173On or about May42010 in the Northern District ofOhio Western Division
TAREK ELKAFRAWI and SARA RINEBOLT did knowingly use in or affecting interstate or
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33
125 Using themethods described in Paragraphs 60-78 TAREK ELKAFRAWI and
others known to the OrandJury submitted fraudulent reports to BWC resulting in BWC
undercharging the Lima IHOP
126 From on or about August 31 2007 through the date of this Indictment in the
Northern District of Ohio Western Divisionand elsewhereTAREK BLKAFRAWIand others
known to the GrandJury havingdevisedand intendingto devise a scheme and artifice to defraud
the Ohio Bureau of Workers Compensation (BWe) a health care benefit program as defined in
Title 18 United StatesCode Section24(b) of money by means of materially false
representations and promises that wasand is in connection with the payment for health care
benefits items and services did knowingly and willfullyexecute the aforesaid scheme
In violationof Title 18UnitedStates Code Sections 1347and 2
COUNT 11
(Health Care Fraud Title 18 USC Sections 1347and 2)
The Grand Jury furtherchargesthat
127The allegations contained in paragraphs 1-16and 18-102of this Indictment are reshy
allegedand herebyincorporated by reference as if fully set forth herein
128 Using the methods described in Paragraphs60-78 TAREK ELKAFRAWI and
others known to the OrandJury submitted fraudulent reports to Bwe resulting in awe
undercharging the Findlay IHOP
129 From on or aboutMay 102004 through the date of this Indictment in the Northern
Districtof Ohio Western Division and elsewhere TAREK ELKAFRAWI and others knownto
theGrand Jury havingdevised and intending to devise a scheme and artifice to defraud the Ohio
Bureau of WorkersCompensation (BWe) a health care benefit program as defined in Title 18
4) lL44Hl4 WIUL NIW~
Case 312-cr-00262-DAK Doc 1 Filed 052212 34 of 65 PagelD 34
34
United StatesCode Section 24(b) of moneyby meansof materially false representations and
promises that wasand is in connection with the payment for healthcare benefits items and
services did knowingly and willfully execute the aforesaidscheme
In violation of Title 18 United States Code Sections 1347and 2
CoUNT12
(Health Care Fraud Title 18USC Sections 1347and 2)
The Orand Jut)I further charges that
130 The allegations contained in paragraphs Imiddot] 6 and 18-]02 of this Indictmentare reshy
alleged and hereby incorporated by reference as iffulJy set forth herein
13 l Usingthe methods described in Paragraphs 60-78 TAREK ELKAFRAWI and
others knownto the Orand Jury submitted fraudulent reports to BWe resulting in awe
undercharging the Central IHOP
132 From onor about February 28 2005 through the date of this Indictment in the
Northern Districtof Ohio Westem Division and elsewhere TAREKELKAFRAWI and others
known to the Grand Juryhavingdevisedand intending to devisea scheme and artifice to defraud
the Ohio Bureau of Workers Compensation (BWC) a health care benefitprogram as defined in
Title 18 United States CodeSection24(b) of money by means ofmaterially false
representations and promises that was and Is in connection with the paymentfor health care
benefits items and services did knowingly and willfully executethe aforesaid scheme
In vioJation of Title 18 United States Code Sections 1347and 2
41 I~4411~4 WIUL N~W~
Case 312middotcr-00262middotDAK Doc 1 Filed 052212 35 of 65 pagelO 35
3S
COUNT 13
(HealthCare Fraud Title 18 USC Sections 1347 and 2)
The Grand Jury furtherchargesthat
133The allegationscontained in paragraphs 1middot16 and 18middot102 of this Indictment are reshy
alleged and herebyincorporated by reference 8$ if fullyset forth herein
134 Using the methodsdescribed in Paragraphs 6Q78 TAREK ELKAFRAWI and
others known to the GrandJury submitted fraudulent reports to awc resulting in awe
undercharging the Perrysburg JHOP
135 From on or about August 30 2005 through the date ofthis Indictment in the
Northern District of Ohio Western Division and elsewhere TAREK ELKAFRAWI and others
known to the GrandJury having devised and intending to devise a scheme and artifice to defraud
the Ohio Bureauof WorkersCompensation(BWC) a health care benefit program as defined in
Title 18 United States Code Section 24(b) of money by means of materially false
representations and promises that was and is in cenneetlon with the payment for health care
benefits items and services did knowinglyand willfullyexecute the aforesaid scheme
In violationofTitle 18United StatesCode Sections 1347 and 2
COUNTS 14-17
(Mail Fraud Title 18 USC Section J341)
The Grand Jury furthercharges that
136 The allegations containedin paragraphs 1-16 and 18middot102 of this Indictmentare reshy
alleged and hereby incorporatedby referenceas if fully set forth herein
131 Fromon or about January 30 20ll through on or about April 10201 I in the
Northern District of Ohio Western Division and elsewhere Defendants TAREK ELKAFRAWI
PAGE 061lbWIDe NEWS~b1L32012 1149
Case 312-cr-00262-DAK Doc 1 Filed 052212 36 of 65 PagelD 36
36
and TAREK EIDOMARdevised and intended to devisea scheme and artifice to deframiddotud and to
obtain moneyfrom THOP Corporate by meansof materially false and fraudulent pretenses
representations and promises
MANNER AND MEANS
(t was part of the schemeand artifice that
]38 Using the methods described in Paragraphs 46-54 and 71-78 TAREK ELKAFRAWI
and TAREK EIDOMARmanipulated the SABLE Pointof Sale system to fraudulently report
debits and charges in order to hide the removal of cashdirectly from the Evansville IHOP
TAREK EID OMARat the direction of TAREKELKAFRAWI would then producea fraudulent
PampL report and mail it using the United States PostalService to provide that report to
Management Services in Wichita Falls Texas
139 Onor about each ofthe dates set forth below in the Northern District of Ohio
Western Division andelsewhere for the purpose ofexecutingand attempting to executethe
above described scheme and artifice to defraudTAREK ELKAFRAWI and TAREK EID OMAR
knowingly caused to be placed into any post office or authorized depository for mail matterany
matteror thingto besent and delivered by the US Postal Services and caused to be deposited any
matter to be sent or delivered by privateand commercial interstatecarrier the following matter
from Toledo Ohioand Evansville Indianato WichitaFallsTexas each mailingconstituting a
separate count
COUNT 14
Mm SENDER MAIL MAUER
January 302011 TAREK EID OMAR PampL report
OS232012 1149 419~447104 WTOL NEWS PAGE 0715
Case 312-cr-00262-0AK Doc 1 Filed 0522112 37 of 65 PagelD 37
37
COUNT 15
February14 2011 TAREK BID OMAR PampL report
COUNT 16
March 28 20II TAREKEID OMAR PampL report
COUNT 17
April 102011 TAREK EJD OMAR PampL report
All in violation ofTitle 18UnitedStates Code Sections 341 and 2
COUNT 18
(Use of Fire to Commit a Felony Title 18 USC Sections 844(h) and 2)
TheGrand Jury further charges that
140The allegations contained in paragraphs 1-16 and 18-102 ofthis Indictmentarc reshy
alleged and hereby incorporatedby reference as if fully set forth herein
141On or about August 10 and II 2008 [n the Northern Districtof Ohio Westem
DivisionTAREK ELKAFRAWI and JOSE LEON-GONZALEZ knowingly used fire to commit
Mail Fraud a felony prosecutable in a court of the United States
In violation ofTitle 18 United States Code Sections 844(h) and 2
COUNTl2
(Malicious Use of Fire Title 18 USC Sections 844(i) and 2)
The Grand Jury further charges that
142 The allegations contained in paragraphs 1-16and 18-102 ofthls Indictmentare reo
alleged and hereby incorporated by reference as if fully set forth herein
WTOL NEWS PAGE 0815OS232012 1149 4192447104
Case 312-cr-00262-DAK Doc 1 Filed 052212 38 of 65 PagelD 38
38
143 On or about August 10and II 2008 in the Northern District of Ohio Western
Division TAREK ELKAFRAWIand JOSE LEON-GONZALEZ maliciously damaged bymeans
of fire and explosivematerialsa buildinglocated at 7777 Countymiddot Road 136 Findlay Ohio used
in interstatecommerce
In violation of Title 18 UnitedStates Code Sections 844(i) and 2
coUNtS 0-28
(Mail FraudTitle] 8 USCSection 1341)
The Grand Jury furthercharges that
144 The allegations containedin paragraphs 1-16and I8-102 of this lndictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
145 Fromapproximately the month of July 2008 the exact date unknownto the Grand
Jury through On or about October 27 2009 in the Northern District of Ohio Western Division
and elsewhereTAREK ELKAFRAWI devisedand intended to devise 8 scheme and artifice to
defraudFarmers InsW1J1ce Group and to obtain moneyand property by meansof false and
fraudulent pretenses representations and promises
146 It was part of the schemeand artificeto defraud that TAREK ELKAFRAWI would
submit traudulent invoices to FarmersInsuranceGroup under PolicyNumber 602926772 for
work that was not performed or performed at a lower invoice
147It was a furtherpart of the scheme and artifice that TAREK ELKAFRAWI submitted
claims forpayroll costs that were completely illusorybecause the requested claimswere for
periods the restaurant was closed and had no employees
~~~J2012 1149 4192447104
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WIDe NEWS PAGE 091~
1 Filed 052212 39 of 65 PagelD 39
39
148 It was a furtherpart of the sc erne and artifice that all checks were sent directly to
TAREKELKAFRAWI at the Terry Elk G~OUP not the Findlay lHOP
149On or about each of the dates bet forth below in the Northern District of Ohio
Western Division and elsewhere for the Jurpose of executing and attempting to execute the
above described scheme and artifice to delud TAREK ELKAFRAWI knowinglycaused to be
placed into any post office or authorized dlpository for mail matterany matter or thing to be sentI
and dellvered by the US Postal Service Jd caused to be deposited any matter to be sent or
delivered by private and commercial inters~te carrier the following matter from the state of
Illinois to Toledo Ohio each mailingcon~itUting a separate count
October 17 2008
October22 2008
January 262009
October21 2009
September22 2008
January 26 2009
SENDER
Fanners Insurance
Farmers Insurance
Farmers Insurance
Farmers Insurance
FarmersInsurance
Farmers Inswance
CO 20
M61LMAmR
$S5947S 1check to Terry Elk Group
21
I $45581367 check to Terry Elk Group
~ I $24444302 check to Terry Elk Group
~ I $2262384 check to Terry Elk Group
bOUNTM
I $2500000 check to Terry Elk Croup
~ $15684795 check to Terry Elk Group
PAGE 1015WTOL NEWS05232012 1149 4192447104
Case 312-cr-00262-DAK Doc 1 Filed 05122112 40 of 65 pagelD 40
40
COUNT 26
October ~ I 2009 Farmers Insurance $4285205 check to Terry Elk Group
COUNT 27
February 172009 Farmers Insurance $20867200check to Terry Elk Group
COUNT 21
October 27 2009 FarmersInsurance $15226400 check to Terry Elk Group
All in violationofTitle 18 United States Code Section 1341
COUNT 29
(Aggravated IdentityTheft Title 18 USC Section 1028A and 2)
The OrandJury furthercharges that
ISO The allegations contained in paragraphs 1-16and 18~102 of this Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
J51 Onorabout October9 2007 in the Northem District of9hlo Western Division
TAREK ELKAFRAWI did knowinglyuse without lawftllauthority a means of identification of
another personduring and in relation to the commission ofWire Fraud a violation ofride 18
United States Code Section 1343
In violation of Title 18 United States Code Sections I028A(a)(1) and 2
CQVNT30
(Aggravated Identity Theft T~tle is USC Section l028A and 2)
The Grand Jury further charges that
152 The allegations eontained in paragraphs 1-16 and 18-102 of this Indictment are reshy
alleged and hereby incorporated by reference as if fully set forth herein
05232012 1149 4192447104 WTOL NEWS PAGE 111 5
Case 312-cr-Q0262~DAK Doc 1 Filed 052212 41 of 65 PagelD 41
41
153 On or about May 192008 in the Northern District of Ohio Western Division
TAREK ELKAFRAWIdid knowingly use without lawfulauthoritya means of identification of
another personduringand in relation to the commission of Wire Fraud a violation ofTitle 1g
United StatesCodeSection I~43
In violation of TitJe J8 UnitedStates Code Sections 1028A(a)(I) and 2
COUNT31
(Aggravated IdentityTheftTitle 18USC Section J028A and 2)
The Orand Jury furthercharges that
154 The allegations contained in paragraphs 1-l6- and 18middot102 of this Indictment are reshy
alleged and herebyincorporated by reference as if fully set forth herein
155 On or aboutJuly 132Q09 in the Northern District of Ohio Western Division
TAREK ELKAFRAWIj did knowingly use without lawfuJ authority a means of identification of
another personduring and in relation to the commission of Wire Fraud a violation of Title 18
United StatesCodeSection 1343
In violationofTitle 18 United States Code Sections 1028A(aXl) and 2
COlNT32
(Aggravated IdentityTheft Title 18USC Sectlon J028A and 2)
The Grand Jury furthercharges that
J56 Theallegations contained in paragraphs1-16and 184 J02 of this Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
157On or about May3l 2009 in theNorthern Districtof Ohio Western Division
TAREK ELKAFRAWI did knOWingly use without lawful authoritya means of identification of
OS232012 1149 4192447104 WTOL NEWS
Case 312-cr-00262-DAK Doc 1 Flied 0522112 42 of 65 PagelD 42
42
another person during and in relation to the commission of Wire Fraud a violation of Title 18
United States Code Section 1343
In violation ofTitle 18 United States Code Sections 1028A(a)(I) and 2
COUNT 33
(Aggravated Identity Theft Title 18 UsC Section l028A and 2)
The GrandJury further charges that
138 The allegationscontainedin paragraphs 1-16 and 18-]02 of this Indictment are reshy
alleged and herebyincorporated by reference as if fullyset forth herein
159 On or about October 22008 in the Northern District of Ohio Westem Division
TAREK ELKAFRAWI did knowingly use without lawfulauthority a means of identification of
another personduring and in relation to the commission of Wire Fraud a violationof Title 18
United States Code Section 1343
In violationof TItle ]8 United States Code Sections 1028A(a)(I) and 2
CQVNT34 (Aggravated IdentityTheft Title 18 USC Section 1028A and 2)
The Grand Jury furtherchargesthat
160 The allegationscontained in paragraphs 1-16and 18-102ofthis Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
16t Onor about January27 2008 in the Northern District of Ohio WesternDivision
TAREK ELKAFRAWI did knowinglyuse without lawfulauthority a means of identification of
anotherpersonduringand in relation to the commissionofWire Fraud a violation ofTitJe 18
United States Code Section 1343
In violation of Title 18United States Code Sections l028A(a)(1) and 2
I I
WTOL NEWS PAGE 13115OS232012 1149 4192447104 I
Case 312-cr-00262-DAK Doc 1 Filed 052212 43 of 65 PagelD 43
43
COUNT 35 (AggravatedIdentityTheft Title 18USC Section 1028A and 2)
The Grand Jury further charges that
162The allegations contained in paragraphs I-16 and 18-102 of this Indictment are reshy
alleged and herebyincorporated by reference as jf fully set forth herein
163On or about March 72009 in the NorthernDistrict of Ohio Western Division
TAREK ELKAFRAWI and KHALED YOUSEF did knowinglyuse without lawful authority a
means of identification of another personduringand in relation to the commission of Wire Fraud
a violation of Title 18 United States Code Section 1343
In violationof Title 18 United States Code Sections 1028A(a)(1)and 2
COUNT 36
(Aggravated IdentityTheft Title 18 USC Section 1028Aand 2)
The GrandJury further charges that
164 The allegations contained in paragraphs 1-16 and 18-102 of this Indictmentare reshy
allegedand hereby incorporated byreferenceas if fully set forth herein
16S On or about March tS 2009 in the Northern District of Ohio Western Division
TAREK ELKAFRAWI and KHALED YOUSEF did knowinglyuse without lawful authority a
means of identification of another person duringand in relation to the commission of WireFraud
a violation of Title 18United States Code Section 1343
In violation ofTitle 18United States Code Sections l028A(a)(1) and 2
~~~~2012 1149 4192447104 wloe NEWS
Case 312-cr-00262-0AK Doc 1 Filed 052212 44 of 65 PagelD 44
44
COUNT 37
(Aggravated Identity The~ Title 18 USC Section l028A and 2)
The GrandJury further charges that
166 Theallegations contained in paragraphs 1-16 and 18-] 02 of this Indictment are reshy
alleged and hereby incorporated byreference as if fully set forth herein
167 On or aboutJuly 21 2009 in the Northern District of Ohio Western Division
TAREK ELKAfRAWI and RAMIZAWWAO did knowingly use without lawful authority a
means of identification of anotherperson duringand in relation to the commission of WireFraud
a violation of Title 18United States Code Section 1343
In violation ofTitle 18 UnitedStates Code Sections l028A(a)(1) and 2
cOUNT38
(Aggravated Identity TheftTitle 18 USC Section 1028A and 2)
The Grand Juryfurthercharges that
168Theallegations contained in paragraphs 1-16 and t8-102 of this Indictment are reshy
alleged and hereby incorporated by reference 8S if fully set forth herein
169 On or about July 132009 in the NorthernDistrict ofOhio WesternDivision
TAREK ELKAFRAWIand IAMIL MOHAMMED AWWAD did knowingly use withoutlawful
authority a meansof identification of another person during and in relation to the commission of
Wire Fraud a violation ofTitle 18 United States Code Section 1343
In violation of Title 18 United States CodeSections l028A(a)(1) and 2
11 4l 41 l~44 IUl4 WIUL NIWl
Case 312-cr-00262-DAK Doc 1 Filed 0522112 45 of 65 PagelD 45
45
COUNT 39
(Identity Theftt Title 18 USC Sections 1028 and 2)
The Grand Jury further charges that
170 The allegationscontained in paragraphs 1-16 and 18-102 of this Indictment are reshy
alleged and hereby incorporated by reference as if fully set forth herein
171 On or about December132010 in the Northern District orOhio Western Division
TAREKELKAFRAWI and DONNA J HARRIOTTt did knowingly use in or affectinginterstate
or foreigncommerce without lawful authority a means of identification ofanother person to wit
s social securitynumber and date of birth with the intent to commit or to aid or abet or in
connectionwith any unlawful activitythat constitutes Wire Fraud 8 violation of 18USC
sect1343 and the offense involved the useof an authentication feature that is or appears to be an
identification document or authentication feature issued by Or under the authority of the United
States
All in violation ofTitle 1St United States Code Sections 1028(a)() (b)(l )(A)(l) and (f)
and 2
COUNI40
(Identity Theft Title 18USCbull Sections 1028and 2)
TheGrand Juryfurther chargesthat
172The allegationscontained in paragraphs 1-16 and J8middot102 of this Indictment are reo
allegedand hereby incorporated by referenceas if fully set forth herein
173On or about May42010 in the Northern District ofOhio Western Division
TAREK ELKAFRAWI and SARA RINEBOLT did knowingly use in or affecting interstate or
4) lL44Hl4 WIUL NIW~
Case 312-cr-00262-DAK Doc 1 Filed 052212 34 of 65 PagelD 34
34
United StatesCode Section 24(b) of moneyby meansof materially false representations and
promises that wasand is in connection with the payment for healthcare benefits items and
services did knowingly and willfully execute the aforesaidscheme
In violation of Title 18 United States Code Sections 1347and 2
CoUNT12
(Health Care Fraud Title 18USC Sections 1347and 2)
The Orand Jut)I further charges that
130 The allegations contained in paragraphs Imiddot] 6 and 18-]02 of this Indictmentare reshy
alleged and hereby incorporated by reference as iffulJy set forth herein
13 l Usingthe methods described in Paragraphs 60-78 TAREK ELKAFRAWI and
others knownto the Orand Jury submitted fraudulent reports to BWe resulting in awe
undercharging the Central IHOP
132 From onor about February 28 2005 through the date of this Indictment in the
Northern Districtof Ohio Westem Division and elsewhere TAREKELKAFRAWI and others
known to the Grand Juryhavingdevisedand intending to devisea scheme and artifice to defraud
the Ohio Bureau of Workers Compensation (BWC) a health care benefitprogram as defined in
Title 18 United States CodeSection24(b) of money by means ofmaterially false
representations and promises that was and Is in connection with the paymentfor health care
benefits items and services did knowingly and willfully executethe aforesaid scheme
In vioJation of Title 18 United States Code Sections 1347and 2
41 I~4411~4 WIUL N~W~
Case 312middotcr-00262middotDAK Doc 1 Filed 052212 35 of 65 pagelO 35
3S
COUNT 13
(HealthCare Fraud Title 18 USC Sections 1347 and 2)
The Grand Jury furtherchargesthat
133The allegationscontained in paragraphs 1middot16 and 18middot102 of this Indictment are reshy
alleged and herebyincorporated by reference 8$ if fullyset forth herein
134 Using the methodsdescribed in Paragraphs 6Q78 TAREK ELKAFRAWI and
others known to the GrandJury submitted fraudulent reports to awc resulting in awe
undercharging the Perrysburg JHOP
135 From on or about August 30 2005 through the date ofthis Indictment in the
Northern District of Ohio Western Division and elsewhere TAREK ELKAFRAWI and others
known to the GrandJury having devised and intending to devise a scheme and artifice to defraud
the Ohio Bureauof WorkersCompensation(BWC) a health care benefit program as defined in
Title 18 United States Code Section 24(b) of money by means of materially false
representations and promises that was and is in cenneetlon with the payment for health care
benefits items and services did knowinglyand willfullyexecute the aforesaid scheme
In violationofTitle 18United StatesCode Sections 1347 and 2
COUNTS 14-17
(Mail Fraud Title 18 USC Section J341)
The Grand Jury furthercharges that
136 The allegations containedin paragraphs 1-16 and 18middot102 of this Indictmentare reshy
alleged and hereby incorporatedby referenceas if fully set forth herein
131 Fromon or about January 30 20ll through on or about April 10201 I in the
Northern District of Ohio Western Division and elsewhere Defendants TAREK ELKAFRAWI
PAGE 061lbWIDe NEWS~b1L32012 1149
Case 312-cr-00262-DAK Doc 1 Filed 052212 36 of 65 PagelD 36
36
and TAREK EIDOMARdevised and intended to devisea scheme and artifice to deframiddotud and to
obtain moneyfrom THOP Corporate by meansof materially false and fraudulent pretenses
representations and promises
MANNER AND MEANS
(t was part of the schemeand artifice that
]38 Using the methods described in Paragraphs 46-54 and 71-78 TAREK ELKAFRAWI
and TAREK EIDOMARmanipulated the SABLE Pointof Sale system to fraudulently report
debits and charges in order to hide the removal of cashdirectly from the Evansville IHOP
TAREK EID OMARat the direction of TAREKELKAFRAWI would then producea fraudulent
PampL report and mail it using the United States PostalService to provide that report to
Management Services in Wichita Falls Texas
139 Onor about each ofthe dates set forth below in the Northern District of Ohio
Western Division andelsewhere for the purpose ofexecutingand attempting to executethe
above described scheme and artifice to defraudTAREK ELKAFRAWI and TAREK EID OMAR
knowingly caused to be placed into any post office or authorized depository for mail matterany
matteror thingto besent and delivered by the US Postal Services and caused to be deposited any
matter to be sent or delivered by privateand commercial interstatecarrier the following matter
from Toledo Ohioand Evansville Indianato WichitaFallsTexas each mailingconstituting a
separate count
COUNT 14
Mm SENDER MAIL MAUER
January 302011 TAREK EID OMAR PampL report
OS232012 1149 419~447104 WTOL NEWS PAGE 0715
Case 312-cr-00262-0AK Doc 1 Filed 0522112 37 of 65 PagelD 37
37
COUNT 15
February14 2011 TAREK BID OMAR PampL report
COUNT 16
March 28 20II TAREKEID OMAR PampL report
COUNT 17
April 102011 TAREK EJD OMAR PampL report
All in violation ofTitle 18UnitedStates Code Sections 341 and 2
COUNT 18
(Use of Fire to Commit a Felony Title 18 USC Sections 844(h) and 2)
TheGrand Jury further charges that
140The allegations contained in paragraphs 1-16 and 18-102 ofthis Indictmentarc reshy
alleged and hereby incorporatedby reference as if fully set forth herein
141On or about August 10 and II 2008 [n the Northern Districtof Ohio Westem
DivisionTAREK ELKAFRAWI and JOSE LEON-GONZALEZ knowingly used fire to commit
Mail Fraud a felony prosecutable in a court of the United States
In violation ofTitle 18 United States Code Sections 844(h) and 2
COUNTl2
(Malicious Use of Fire Title 18 USC Sections 844(i) and 2)
The Grand Jury further charges that
142 The allegations contained in paragraphs 1-16and 18-102 ofthls Indictmentare reo
alleged and hereby incorporated by reference as if fully set forth herein
WTOL NEWS PAGE 0815OS232012 1149 4192447104
Case 312-cr-00262-DAK Doc 1 Filed 052212 38 of 65 PagelD 38
38
143 On or about August 10and II 2008 in the Northern District of Ohio Western
Division TAREK ELKAFRAWIand JOSE LEON-GONZALEZ maliciously damaged bymeans
of fire and explosivematerialsa buildinglocated at 7777 Countymiddot Road 136 Findlay Ohio used
in interstatecommerce
In violation of Title 18 UnitedStates Code Sections 844(i) and 2
coUNtS 0-28
(Mail FraudTitle] 8 USCSection 1341)
The Grand Jury furthercharges that
144 The allegations containedin paragraphs 1-16and I8-102 of this lndictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
145 Fromapproximately the month of July 2008 the exact date unknownto the Grand
Jury through On or about October 27 2009 in the Northern District of Ohio Western Division
and elsewhereTAREK ELKAFRAWI devisedand intended to devise 8 scheme and artifice to
defraudFarmers InsW1J1ce Group and to obtain moneyand property by meansof false and
fraudulent pretenses representations and promises
146 It was part of the schemeand artificeto defraud that TAREK ELKAFRAWI would
submit traudulent invoices to FarmersInsuranceGroup under PolicyNumber 602926772 for
work that was not performed or performed at a lower invoice
147It was a furtherpart of the scheme and artifice that TAREK ELKAFRAWI submitted
claims forpayroll costs that were completely illusorybecause the requested claimswere for
periods the restaurant was closed and had no employees
~~~J2012 1149 4192447104
Case 312-cr-00262-DAK Doc
WIDe NEWS PAGE 091~
1 Filed 052212 39 of 65 PagelD 39
39
148 It was a furtherpart of the sc erne and artifice that all checks were sent directly to
TAREKELKAFRAWI at the Terry Elk G~OUP not the Findlay lHOP
149On or about each of the dates bet forth below in the Northern District of Ohio
Western Division and elsewhere for the Jurpose of executing and attempting to execute the
above described scheme and artifice to delud TAREK ELKAFRAWI knowinglycaused to be
placed into any post office or authorized dlpository for mail matterany matter or thing to be sentI
and dellvered by the US Postal Service Jd caused to be deposited any matter to be sent or
delivered by private and commercial inters~te carrier the following matter from the state of
Illinois to Toledo Ohio each mailingcon~itUting a separate count
October 17 2008
October22 2008
January 262009
October21 2009
September22 2008
January 26 2009
SENDER
Fanners Insurance
Farmers Insurance
Farmers Insurance
Farmers Insurance
FarmersInsurance
Farmers Inswance
CO 20
M61LMAmR
$S5947S 1check to Terry Elk Group
21
I $45581367 check to Terry Elk Group
~ I $24444302 check to Terry Elk Group
~ I $2262384 check to Terry Elk Group
bOUNTM
I $2500000 check to Terry Elk Croup
~ $15684795 check to Terry Elk Group
PAGE 1015WTOL NEWS05232012 1149 4192447104
Case 312-cr-00262-DAK Doc 1 Filed 05122112 40 of 65 pagelD 40
40
COUNT 26
October ~ I 2009 Farmers Insurance $4285205 check to Terry Elk Group
COUNT 27
February 172009 Farmers Insurance $20867200check to Terry Elk Group
COUNT 21
October 27 2009 FarmersInsurance $15226400 check to Terry Elk Group
All in violationofTitle 18 United States Code Section 1341
COUNT 29
(Aggravated IdentityTheft Title 18 USC Section 1028A and 2)
The OrandJury furthercharges that
ISO The allegations contained in paragraphs 1-16and 18~102 of this Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
J51 Onorabout October9 2007 in the Northem District of9hlo Western Division
TAREK ELKAFRAWI did knowinglyuse without lawftllauthority a means of identification of
another personduring and in relation to the commission ofWire Fraud a violation ofride 18
United States Code Section 1343
In violation of Title 18 United States Code Sections I028A(a)(1) and 2
CQVNT30
(Aggravated Identity Theft T~tle is USC Section l028A and 2)
The Grand Jury further charges that
152 The allegations eontained in paragraphs 1-16 and 18-102 of this Indictment are reshy
alleged and hereby incorporated by reference as if fully set forth herein
05232012 1149 4192447104 WTOL NEWS PAGE 111 5
Case 312-cr-Q0262~DAK Doc 1 Filed 052212 41 of 65 PagelD 41
41
153 On or about May 192008 in the Northern District of Ohio Western Division
TAREK ELKAFRAWIdid knowingly use without lawfulauthoritya means of identification of
another personduringand in relation to the commission of Wire Fraud a violation ofTitle 1g
United StatesCodeSection I~43
In violation of TitJe J8 UnitedStates Code Sections 1028A(a)(I) and 2
COUNT31
(Aggravated IdentityTheftTitle 18USC Section J028A and 2)
The Orand Jury furthercharges that
154 The allegations contained in paragraphs 1-l6- and 18middot102 of this Indictment are reshy
alleged and herebyincorporated by reference as if fully set forth herein
155 On or aboutJuly 132Q09 in the Northern District of Ohio Western Division
TAREK ELKAFRAWIj did knowingly use without lawfuJ authority a means of identification of
another personduring and in relation to the commission of Wire Fraud a violation of Title 18
United StatesCodeSection 1343
In violationofTitle 18 United States Code Sections 1028A(aXl) and 2
COlNT32
(Aggravated IdentityTheft Title 18USC Sectlon J028A and 2)
The Grand Jury furthercharges that
J56 Theallegations contained in paragraphs1-16and 184 J02 of this Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
157On or about May3l 2009 in theNorthern Districtof Ohio Western Division
TAREK ELKAFRAWI did knOWingly use without lawful authoritya means of identification of
OS232012 1149 4192447104 WTOL NEWS
Case 312-cr-00262-DAK Doc 1 Flied 0522112 42 of 65 PagelD 42
42
another person during and in relation to the commission of Wire Fraud a violation of Title 18
United States Code Section 1343
In violation ofTitle 18 United States Code Sections 1028A(a)(I) and 2
COUNT 33
(Aggravated Identity Theft Title 18 UsC Section l028A and 2)
The GrandJury further charges that
138 The allegationscontainedin paragraphs 1-16 and 18-]02 of this Indictment are reshy
alleged and herebyincorporated by reference as if fullyset forth herein
159 On or about October 22008 in the Northern District of Ohio Westem Division
TAREK ELKAFRAWI did knowingly use without lawfulauthority a means of identification of
another personduring and in relation to the commission of Wire Fraud a violationof Title 18
United States Code Section 1343
In violationof TItle ]8 United States Code Sections 1028A(a)(I) and 2
CQVNT34 (Aggravated IdentityTheft Title 18 USC Section 1028A and 2)
The Grand Jury furtherchargesthat
160 The allegationscontained in paragraphs 1-16and 18-102ofthis Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
16t Onor about January27 2008 in the Northern District of Ohio WesternDivision
TAREK ELKAFRAWI did knowinglyuse without lawfulauthority a means of identification of
anotherpersonduringand in relation to the commissionofWire Fraud a violation ofTitJe 18
United States Code Section 1343
In violation of Title 18United States Code Sections l028A(a)(1) and 2
I I
WTOL NEWS PAGE 13115OS232012 1149 4192447104 I
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43
COUNT 35 (AggravatedIdentityTheft Title 18USC Section 1028A and 2)
The Grand Jury further charges that
162The allegations contained in paragraphs I-16 and 18-102 of this Indictment are reshy
alleged and herebyincorporated by reference as jf fully set forth herein
163On or about March 72009 in the NorthernDistrict of Ohio Western Division
TAREK ELKAFRAWI and KHALED YOUSEF did knowinglyuse without lawful authority a
means of identification of another personduringand in relation to the commission of Wire Fraud
a violation of Title 18 United States Code Section 1343
In violationof Title 18 United States Code Sections 1028A(a)(1)and 2
COUNT 36
(Aggravated IdentityTheft Title 18 USC Section 1028Aand 2)
The GrandJury further charges that
164 The allegations contained in paragraphs 1-16 and 18-102 of this Indictmentare reshy
allegedand hereby incorporated byreferenceas if fully set forth herein
16S On or about March tS 2009 in the Northern District of Ohio Western Division
TAREK ELKAFRAWI and KHALED YOUSEF did knowinglyuse without lawful authority a
means of identification of another person duringand in relation to the commission of WireFraud
a violation of Title 18United States Code Section 1343
In violation ofTitle 18United States Code Sections l028A(a)(1) and 2
~~~~2012 1149 4192447104 wloe NEWS
Case 312-cr-00262-0AK Doc 1 Filed 052212 44 of 65 PagelD 44
44
COUNT 37
(Aggravated Identity The~ Title 18 USC Section l028A and 2)
The GrandJury further charges that
166 Theallegations contained in paragraphs 1-16 and 18-] 02 of this Indictment are reshy
alleged and hereby incorporated byreference as if fully set forth herein
167 On or aboutJuly 21 2009 in the Northern District of Ohio Western Division
TAREK ELKAfRAWI and RAMIZAWWAO did knowingly use without lawful authority a
means of identification of anotherperson duringand in relation to the commission of WireFraud
a violation of Title 18United States Code Section 1343
In violation ofTitle 18 UnitedStates Code Sections l028A(a)(1) and 2
cOUNT38
(Aggravated Identity TheftTitle 18 USC Section 1028A and 2)
The Grand Juryfurthercharges that
168Theallegations contained in paragraphs 1-16 and t8-102 of this Indictment are reshy
alleged and hereby incorporated by reference 8S if fully set forth herein
169 On or about July 132009 in the NorthernDistrict ofOhio WesternDivision
TAREK ELKAFRAWIand IAMIL MOHAMMED AWWAD did knowingly use withoutlawful
authority a meansof identification of another person during and in relation to the commission of
Wire Fraud a violation ofTitle 18 United States Code Section 1343
In violation of Title 18 United States CodeSections l028A(a)(1) and 2
11 4l 41 l~44 IUl4 WIUL NIWl
Case 312-cr-00262-DAK Doc 1 Filed 0522112 45 of 65 PagelD 45
45
COUNT 39
(Identity Theftt Title 18 USC Sections 1028 and 2)
The Grand Jury further charges that
170 The allegationscontained in paragraphs 1-16 and 18-102 of this Indictment are reshy
alleged and hereby incorporated by reference as if fully set forth herein
171 On or about December132010 in the Northern District orOhio Western Division
TAREKELKAFRAWI and DONNA J HARRIOTTt did knowingly use in or affectinginterstate
or foreigncommerce without lawful authority a means of identification ofanother person to wit
s social securitynumber and date of birth with the intent to commit or to aid or abet or in
connectionwith any unlawful activitythat constitutes Wire Fraud 8 violation of 18USC
sect1343 and the offense involved the useof an authentication feature that is or appears to be an
identification document or authentication feature issued by Or under the authority of the United
States
All in violation ofTitle 1St United States Code Sections 1028(a)() (b)(l )(A)(l) and (f)
and 2
COUNI40
(Identity Theft Title 18USCbull Sections 1028and 2)
TheGrand Juryfurther chargesthat
172The allegationscontained in paragraphs 1-16 and J8middot102 of this Indictment are reo
allegedand hereby incorporated by referenceas if fully set forth herein
173On or about May42010 in the Northern District ofOhio Western Division
TAREK ELKAFRAWI and SARA RINEBOLT did knowingly use in or affecting interstate or
41 I~4411~4 WIUL N~W~
Case 312middotcr-00262middotDAK Doc 1 Filed 052212 35 of 65 pagelO 35
3S
COUNT 13
(HealthCare Fraud Title 18 USC Sections 1347 and 2)
The Grand Jury furtherchargesthat
133The allegationscontained in paragraphs 1middot16 and 18middot102 of this Indictment are reshy
alleged and herebyincorporated by reference 8$ if fullyset forth herein
134 Using the methodsdescribed in Paragraphs 6Q78 TAREK ELKAFRAWI and
others known to the GrandJury submitted fraudulent reports to awc resulting in awe
undercharging the Perrysburg JHOP
135 From on or about August 30 2005 through the date ofthis Indictment in the
Northern District of Ohio Western Division and elsewhere TAREK ELKAFRAWI and others
known to the GrandJury having devised and intending to devise a scheme and artifice to defraud
the Ohio Bureauof WorkersCompensation(BWC) a health care benefit program as defined in
Title 18 United States Code Section 24(b) of money by means of materially false
representations and promises that was and is in cenneetlon with the payment for health care
benefits items and services did knowinglyand willfullyexecute the aforesaid scheme
In violationofTitle 18United StatesCode Sections 1347 and 2
COUNTS 14-17
(Mail Fraud Title 18 USC Section J341)
The Grand Jury furthercharges that
136 The allegations containedin paragraphs 1-16 and 18middot102 of this Indictmentare reshy
alleged and hereby incorporatedby referenceas if fully set forth herein
131 Fromon or about January 30 20ll through on or about April 10201 I in the
Northern District of Ohio Western Division and elsewhere Defendants TAREK ELKAFRAWI
PAGE 061lbWIDe NEWS~b1L32012 1149
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36
and TAREK EIDOMARdevised and intended to devisea scheme and artifice to deframiddotud and to
obtain moneyfrom THOP Corporate by meansof materially false and fraudulent pretenses
representations and promises
MANNER AND MEANS
(t was part of the schemeand artifice that
]38 Using the methods described in Paragraphs 46-54 and 71-78 TAREK ELKAFRAWI
and TAREK EIDOMARmanipulated the SABLE Pointof Sale system to fraudulently report
debits and charges in order to hide the removal of cashdirectly from the Evansville IHOP
TAREK EID OMARat the direction of TAREKELKAFRAWI would then producea fraudulent
PampL report and mail it using the United States PostalService to provide that report to
Management Services in Wichita Falls Texas
139 Onor about each ofthe dates set forth below in the Northern District of Ohio
Western Division andelsewhere for the purpose ofexecutingand attempting to executethe
above described scheme and artifice to defraudTAREK ELKAFRAWI and TAREK EID OMAR
knowingly caused to be placed into any post office or authorized depository for mail matterany
matteror thingto besent and delivered by the US Postal Services and caused to be deposited any
matter to be sent or delivered by privateand commercial interstatecarrier the following matter
from Toledo Ohioand Evansville Indianato WichitaFallsTexas each mailingconstituting a
separate count
COUNT 14
Mm SENDER MAIL MAUER
January 302011 TAREK EID OMAR PampL report
OS232012 1149 419~447104 WTOL NEWS PAGE 0715
Case 312-cr-00262-0AK Doc 1 Filed 0522112 37 of 65 PagelD 37
37
COUNT 15
February14 2011 TAREK BID OMAR PampL report
COUNT 16
March 28 20II TAREKEID OMAR PampL report
COUNT 17
April 102011 TAREK EJD OMAR PampL report
All in violation ofTitle 18UnitedStates Code Sections 341 and 2
COUNT 18
(Use of Fire to Commit a Felony Title 18 USC Sections 844(h) and 2)
TheGrand Jury further charges that
140The allegations contained in paragraphs 1-16 and 18-102 ofthis Indictmentarc reshy
alleged and hereby incorporatedby reference as if fully set forth herein
141On or about August 10 and II 2008 [n the Northern Districtof Ohio Westem
DivisionTAREK ELKAFRAWI and JOSE LEON-GONZALEZ knowingly used fire to commit
Mail Fraud a felony prosecutable in a court of the United States
In violation ofTitle 18 United States Code Sections 844(h) and 2
COUNTl2
(Malicious Use of Fire Title 18 USC Sections 844(i) and 2)
The Grand Jury further charges that
142 The allegations contained in paragraphs 1-16and 18-102 ofthls Indictmentare reo
alleged and hereby incorporated by reference as if fully set forth herein
WTOL NEWS PAGE 0815OS232012 1149 4192447104
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38
143 On or about August 10and II 2008 in the Northern District of Ohio Western
Division TAREK ELKAFRAWIand JOSE LEON-GONZALEZ maliciously damaged bymeans
of fire and explosivematerialsa buildinglocated at 7777 Countymiddot Road 136 Findlay Ohio used
in interstatecommerce
In violation of Title 18 UnitedStates Code Sections 844(i) and 2
coUNtS 0-28
(Mail FraudTitle] 8 USCSection 1341)
The Grand Jury furthercharges that
144 The allegations containedin paragraphs 1-16and I8-102 of this lndictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
145 Fromapproximately the month of July 2008 the exact date unknownto the Grand
Jury through On or about October 27 2009 in the Northern District of Ohio Western Division
and elsewhereTAREK ELKAFRAWI devisedand intended to devise 8 scheme and artifice to
defraudFarmers InsW1J1ce Group and to obtain moneyand property by meansof false and
fraudulent pretenses representations and promises
146 It was part of the schemeand artificeto defraud that TAREK ELKAFRAWI would
submit traudulent invoices to FarmersInsuranceGroup under PolicyNumber 602926772 for
work that was not performed or performed at a lower invoice
147It was a furtherpart of the scheme and artifice that TAREK ELKAFRAWI submitted
claims forpayroll costs that were completely illusorybecause the requested claimswere for
periods the restaurant was closed and had no employees
~~~J2012 1149 4192447104
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39
148 It was a furtherpart of the sc erne and artifice that all checks were sent directly to
TAREKELKAFRAWI at the Terry Elk G~OUP not the Findlay lHOP
149On or about each of the dates bet forth below in the Northern District of Ohio
Western Division and elsewhere for the Jurpose of executing and attempting to execute the
above described scheme and artifice to delud TAREK ELKAFRAWI knowinglycaused to be
placed into any post office or authorized dlpository for mail matterany matter or thing to be sentI
and dellvered by the US Postal Service Jd caused to be deposited any matter to be sent or
delivered by private and commercial inters~te carrier the following matter from the state of
Illinois to Toledo Ohio each mailingcon~itUting a separate count
October 17 2008
October22 2008
January 262009
October21 2009
September22 2008
January 26 2009
SENDER
Fanners Insurance
Farmers Insurance
Farmers Insurance
Farmers Insurance
FarmersInsurance
Farmers Inswance
CO 20
M61LMAmR
$S5947S 1check to Terry Elk Group
21
I $45581367 check to Terry Elk Group
~ I $24444302 check to Terry Elk Group
~ I $2262384 check to Terry Elk Group
bOUNTM
I $2500000 check to Terry Elk Croup
~ $15684795 check to Terry Elk Group
PAGE 1015WTOL NEWS05232012 1149 4192447104
Case 312-cr-00262-DAK Doc 1 Filed 05122112 40 of 65 pagelD 40
40
COUNT 26
October ~ I 2009 Farmers Insurance $4285205 check to Terry Elk Group
COUNT 27
February 172009 Farmers Insurance $20867200check to Terry Elk Group
COUNT 21
October 27 2009 FarmersInsurance $15226400 check to Terry Elk Group
All in violationofTitle 18 United States Code Section 1341
COUNT 29
(Aggravated IdentityTheft Title 18 USC Section 1028A and 2)
The OrandJury furthercharges that
ISO The allegations contained in paragraphs 1-16and 18~102 of this Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
J51 Onorabout October9 2007 in the Northem District of9hlo Western Division
TAREK ELKAFRAWI did knowinglyuse without lawftllauthority a means of identification of
another personduring and in relation to the commission ofWire Fraud a violation ofride 18
United States Code Section 1343
In violation of Title 18 United States Code Sections I028A(a)(1) and 2
CQVNT30
(Aggravated Identity Theft T~tle is USC Section l028A and 2)
The Grand Jury further charges that
152 The allegations eontained in paragraphs 1-16 and 18-102 of this Indictment are reshy
alleged and hereby incorporated by reference as if fully set forth herein
05232012 1149 4192447104 WTOL NEWS PAGE 111 5
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41
153 On or about May 192008 in the Northern District of Ohio Western Division
TAREK ELKAFRAWIdid knowingly use without lawfulauthoritya means of identification of
another personduringand in relation to the commission of Wire Fraud a violation ofTitle 1g
United StatesCodeSection I~43
In violation of TitJe J8 UnitedStates Code Sections 1028A(a)(I) and 2
COUNT31
(Aggravated IdentityTheftTitle 18USC Section J028A and 2)
The Orand Jury furthercharges that
154 The allegations contained in paragraphs 1-l6- and 18middot102 of this Indictment are reshy
alleged and herebyincorporated by reference as if fully set forth herein
155 On or aboutJuly 132Q09 in the Northern District of Ohio Western Division
TAREK ELKAFRAWIj did knowingly use without lawfuJ authority a means of identification of
another personduring and in relation to the commission of Wire Fraud a violation of Title 18
United StatesCodeSection 1343
In violationofTitle 18 United States Code Sections 1028A(aXl) and 2
COlNT32
(Aggravated IdentityTheft Title 18USC Sectlon J028A and 2)
The Grand Jury furthercharges that
J56 Theallegations contained in paragraphs1-16and 184 J02 of this Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
157On or about May3l 2009 in theNorthern Districtof Ohio Western Division
TAREK ELKAFRAWI did knOWingly use without lawful authoritya means of identification of
OS232012 1149 4192447104 WTOL NEWS
Case 312-cr-00262-DAK Doc 1 Flied 0522112 42 of 65 PagelD 42
42
another person during and in relation to the commission of Wire Fraud a violation of Title 18
United States Code Section 1343
In violation ofTitle 18 United States Code Sections 1028A(a)(I) and 2
COUNT 33
(Aggravated Identity Theft Title 18 UsC Section l028A and 2)
The GrandJury further charges that
138 The allegationscontainedin paragraphs 1-16 and 18-]02 of this Indictment are reshy
alleged and herebyincorporated by reference as if fullyset forth herein
159 On or about October 22008 in the Northern District of Ohio Westem Division
TAREK ELKAFRAWI did knowingly use without lawfulauthority a means of identification of
another personduring and in relation to the commission of Wire Fraud a violationof Title 18
United States Code Section 1343
In violationof TItle ]8 United States Code Sections 1028A(a)(I) and 2
CQVNT34 (Aggravated IdentityTheft Title 18 USC Section 1028A and 2)
The Grand Jury furtherchargesthat
160 The allegationscontained in paragraphs 1-16and 18-102ofthis Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
16t Onor about January27 2008 in the Northern District of Ohio WesternDivision
TAREK ELKAFRAWI did knowinglyuse without lawfulauthority a means of identification of
anotherpersonduringand in relation to the commissionofWire Fraud a violation ofTitJe 18
United States Code Section 1343
In violation of Title 18United States Code Sections l028A(a)(1) and 2
I I
WTOL NEWS PAGE 13115OS232012 1149 4192447104 I
Case 312-cr-00262-DAK Doc 1 Filed 052212 43 of 65 PagelD 43
43
COUNT 35 (AggravatedIdentityTheft Title 18USC Section 1028A and 2)
The Grand Jury further charges that
162The allegations contained in paragraphs I-16 and 18-102 of this Indictment are reshy
alleged and herebyincorporated by reference as jf fully set forth herein
163On or about March 72009 in the NorthernDistrict of Ohio Western Division
TAREK ELKAFRAWI and KHALED YOUSEF did knowinglyuse without lawful authority a
means of identification of another personduringand in relation to the commission of Wire Fraud
a violation of Title 18 United States Code Section 1343
In violationof Title 18 United States Code Sections 1028A(a)(1)and 2
COUNT 36
(Aggravated IdentityTheft Title 18 USC Section 1028Aand 2)
The GrandJury further charges that
164 The allegations contained in paragraphs 1-16 and 18-102 of this Indictmentare reshy
allegedand hereby incorporated byreferenceas if fully set forth herein
16S On or about March tS 2009 in the Northern District of Ohio Western Division
TAREK ELKAFRAWI and KHALED YOUSEF did knowinglyuse without lawful authority a
means of identification of another person duringand in relation to the commission of WireFraud
a violation of Title 18United States Code Section 1343
In violation ofTitle 18United States Code Sections l028A(a)(1) and 2
~~~~2012 1149 4192447104 wloe NEWS
Case 312-cr-00262-0AK Doc 1 Filed 052212 44 of 65 PagelD 44
44
COUNT 37
(Aggravated Identity The~ Title 18 USC Section l028A and 2)
The GrandJury further charges that
166 Theallegations contained in paragraphs 1-16 and 18-] 02 of this Indictment are reshy
alleged and hereby incorporated byreference as if fully set forth herein
167 On or aboutJuly 21 2009 in the Northern District of Ohio Western Division
TAREK ELKAfRAWI and RAMIZAWWAO did knowingly use without lawful authority a
means of identification of anotherperson duringand in relation to the commission of WireFraud
a violation of Title 18United States Code Section 1343
In violation ofTitle 18 UnitedStates Code Sections l028A(a)(1) and 2
cOUNT38
(Aggravated Identity TheftTitle 18 USC Section 1028A and 2)
The Grand Juryfurthercharges that
168Theallegations contained in paragraphs 1-16 and t8-102 of this Indictment are reshy
alleged and hereby incorporated by reference 8S if fully set forth herein
169 On or about July 132009 in the NorthernDistrict ofOhio WesternDivision
TAREK ELKAFRAWIand IAMIL MOHAMMED AWWAD did knowingly use withoutlawful
authority a meansof identification of another person during and in relation to the commission of
Wire Fraud a violation ofTitle 18 United States Code Section 1343
In violation of Title 18 United States CodeSections l028A(a)(1) and 2
11 4l 41 l~44 IUl4 WIUL NIWl
Case 312-cr-00262-DAK Doc 1 Filed 0522112 45 of 65 PagelD 45
45
COUNT 39
(Identity Theftt Title 18 USC Sections 1028 and 2)
The Grand Jury further charges that
170 The allegationscontained in paragraphs 1-16 and 18-102 of this Indictment are reshy
alleged and hereby incorporated by reference as if fully set forth herein
171 On or about December132010 in the Northern District orOhio Western Division
TAREKELKAFRAWI and DONNA J HARRIOTTt did knowingly use in or affectinginterstate
or foreigncommerce without lawful authority a means of identification ofanother person to wit
s social securitynumber and date of birth with the intent to commit or to aid or abet or in
connectionwith any unlawful activitythat constitutes Wire Fraud 8 violation of 18USC
sect1343 and the offense involved the useof an authentication feature that is or appears to be an
identification document or authentication feature issued by Or under the authority of the United
States
All in violation ofTitle 1St United States Code Sections 1028(a)() (b)(l )(A)(l) and (f)
and 2
COUNI40
(Identity Theft Title 18USCbull Sections 1028and 2)
TheGrand Juryfurther chargesthat
172The allegationscontained in paragraphs 1-16 and J8middot102 of this Indictment are reo
allegedand hereby incorporated by referenceas if fully set forth herein
173On or about May42010 in the Northern District ofOhio Western Division
TAREK ELKAFRAWI and SARA RINEBOLT did knowingly use in or affecting interstate or
PAGE 061lbWIDe NEWS~b1L32012 1149
Case 312-cr-00262-DAK Doc 1 Filed 052212 36 of 65 PagelD 36
36
and TAREK EIDOMARdevised and intended to devisea scheme and artifice to deframiddotud and to
obtain moneyfrom THOP Corporate by meansof materially false and fraudulent pretenses
representations and promises
MANNER AND MEANS
(t was part of the schemeand artifice that
]38 Using the methods described in Paragraphs 46-54 and 71-78 TAREK ELKAFRAWI
and TAREK EIDOMARmanipulated the SABLE Pointof Sale system to fraudulently report
debits and charges in order to hide the removal of cashdirectly from the Evansville IHOP
TAREK EID OMARat the direction of TAREKELKAFRAWI would then producea fraudulent
PampL report and mail it using the United States PostalService to provide that report to
Management Services in Wichita Falls Texas
139 Onor about each ofthe dates set forth below in the Northern District of Ohio
Western Division andelsewhere for the purpose ofexecutingand attempting to executethe
above described scheme and artifice to defraudTAREK ELKAFRAWI and TAREK EID OMAR
knowingly caused to be placed into any post office or authorized depository for mail matterany
matteror thingto besent and delivered by the US Postal Services and caused to be deposited any
matter to be sent or delivered by privateand commercial interstatecarrier the following matter
from Toledo Ohioand Evansville Indianato WichitaFallsTexas each mailingconstituting a
separate count
COUNT 14
Mm SENDER MAIL MAUER
January 302011 TAREK EID OMAR PampL report
OS232012 1149 419~447104 WTOL NEWS PAGE 0715
Case 312-cr-00262-0AK Doc 1 Filed 0522112 37 of 65 PagelD 37
37
COUNT 15
February14 2011 TAREK BID OMAR PampL report
COUNT 16
March 28 20II TAREKEID OMAR PampL report
COUNT 17
April 102011 TAREK EJD OMAR PampL report
All in violation ofTitle 18UnitedStates Code Sections 341 and 2
COUNT 18
(Use of Fire to Commit a Felony Title 18 USC Sections 844(h) and 2)
TheGrand Jury further charges that
140The allegations contained in paragraphs 1-16 and 18-102 ofthis Indictmentarc reshy
alleged and hereby incorporatedby reference as if fully set forth herein
141On or about August 10 and II 2008 [n the Northern Districtof Ohio Westem
DivisionTAREK ELKAFRAWI and JOSE LEON-GONZALEZ knowingly used fire to commit
Mail Fraud a felony prosecutable in a court of the United States
In violation ofTitle 18 United States Code Sections 844(h) and 2
COUNTl2
(Malicious Use of Fire Title 18 USC Sections 844(i) and 2)
The Grand Jury further charges that
142 The allegations contained in paragraphs 1-16and 18-102 ofthls Indictmentare reo
alleged and hereby incorporated by reference as if fully set forth herein
WTOL NEWS PAGE 0815OS232012 1149 4192447104
Case 312-cr-00262-DAK Doc 1 Filed 052212 38 of 65 PagelD 38
38
143 On or about August 10and II 2008 in the Northern District of Ohio Western
Division TAREK ELKAFRAWIand JOSE LEON-GONZALEZ maliciously damaged bymeans
of fire and explosivematerialsa buildinglocated at 7777 Countymiddot Road 136 Findlay Ohio used
in interstatecommerce
In violation of Title 18 UnitedStates Code Sections 844(i) and 2
coUNtS 0-28
(Mail FraudTitle] 8 USCSection 1341)
The Grand Jury furthercharges that
144 The allegations containedin paragraphs 1-16and I8-102 of this lndictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
145 Fromapproximately the month of July 2008 the exact date unknownto the Grand
Jury through On or about October 27 2009 in the Northern District of Ohio Western Division
and elsewhereTAREK ELKAFRAWI devisedand intended to devise 8 scheme and artifice to
defraudFarmers InsW1J1ce Group and to obtain moneyand property by meansof false and
fraudulent pretenses representations and promises
146 It was part of the schemeand artificeto defraud that TAREK ELKAFRAWI would
submit traudulent invoices to FarmersInsuranceGroup under PolicyNumber 602926772 for
work that was not performed or performed at a lower invoice
147It was a furtherpart of the scheme and artifice that TAREK ELKAFRAWI submitted
claims forpayroll costs that were completely illusorybecause the requested claimswere for
periods the restaurant was closed and had no employees
~~~J2012 1149 4192447104
Case 312-cr-00262-DAK Doc
WIDe NEWS PAGE 091~
1 Filed 052212 39 of 65 PagelD 39
39
148 It was a furtherpart of the sc erne and artifice that all checks were sent directly to
TAREKELKAFRAWI at the Terry Elk G~OUP not the Findlay lHOP
149On or about each of the dates bet forth below in the Northern District of Ohio
Western Division and elsewhere for the Jurpose of executing and attempting to execute the
above described scheme and artifice to delud TAREK ELKAFRAWI knowinglycaused to be
placed into any post office or authorized dlpository for mail matterany matter or thing to be sentI
and dellvered by the US Postal Service Jd caused to be deposited any matter to be sent or
delivered by private and commercial inters~te carrier the following matter from the state of
Illinois to Toledo Ohio each mailingcon~itUting a separate count
October 17 2008
October22 2008
January 262009
October21 2009
September22 2008
January 26 2009
SENDER
Fanners Insurance
Farmers Insurance
Farmers Insurance
Farmers Insurance
FarmersInsurance
Farmers Inswance
CO 20
M61LMAmR
$S5947S 1check to Terry Elk Group
21
I $45581367 check to Terry Elk Group
~ I $24444302 check to Terry Elk Group
~ I $2262384 check to Terry Elk Group
bOUNTM
I $2500000 check to Terry Elk Croup
~ $15684795 check to Terry Elk Group
PAGE 1015WTOL NEWS05232012 1149 4192447104
Case 312-cr-00262-DAK Doc 1 Filed 05122112 40 of 65 pagelD 40
40
COUNT 26
October ~ I 2009 Farmers Insurance $4285205 check to Terry Elk Group
COUNT 27
February 172009 Farmers Insurance $20867200check to Terry Elk Group
COUNT 21
October 27 2009 FarmersInsurance $15226400 check to Terry Elk Group
All in violationofTitle 18 United States Code Section 1341
COUNT 29
(Aggravated IdentityTheft Title 18 USC Section 1028A and 2)
The OrandJury furthercharges that
ISO The allegations contained in paragraphs 1-16and 18~102 of this Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
J51 Onorabout October9 2007 in the Northem District of9hlo Western Division
TAREK ELKAFRAWI did knowinglyuse without lawftllauthority a means of identification of
another personduring and in relation to the commission ofWire Fraud a violation ofride 18
United States Code Section 1343
In violation of Title 18 United States Code Sections I028A(a)(1) and 2
CQVNT30
(Aggravated Identity Theft T~tle is USC Section l028A and 2)
The Grand Jury further charges that
152 The allegations eontained in paragraphs 1-16 and 18-102 of this Indictment are reshy
alleged and hereby incorporated by reference as if fully set forth herein
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41
153 On or about May 192008 in the Northern District of Ohio Western Division
TAREK ELKAFRAWIdid knowingly use without lawfulauthoritya means of identification of
another personduringand in relation to the commission of Wire Fraud a violation ofTitle 1g
United StatesCodeSection I~43
In violation of TitJe J8 UnitedStates Code Sections 1028A(a)(I) and 2
COUNT31
(Aggravated IdentityTheftTitle 18USC Section J028A and 2)
The Orand Jury furthercharges that
154 The allegations contained in paragraphs 1-l6- and 18middot102 of this Indictment are reshy
alleged and herebyincorporated by reference as if fully set forth herein
155 On or aboutJuly 132Q09 in the Northern District of Ohio Western Division
TAREK ELKAFRAWIj did knowingly use without lawfuJ authority a means of identification of
another personduring and in relation to the commission of Wire Fraud a violation of Title 18
United StatesCodeSection 1343
In violationofTitle 18 United States Code Sections 1028A(aXl) and 2
COlNT32
(Aggravated IdentityTheft Title 18USC Sectlon J028A and 2)
The Grand Jury furthercharges that
J56 Theallegations contained in paragraphs1-16and 184 J02 of this Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
157On or about May3l 2009 in theNorthern Districtof Ohio Western Division
TAREK ELKAFRAWI did knOWingly use without lawful authoritya means of identification of
OS232012 1149 4192447104 WTOL NEWS
Case 312-cr-00262-DAK Doc 1 Flied 0522112 42 of 65 PagelD 42
42
another person during and in relation to the commission of Wire Fraud a violation of Title 18
United States Code Section 1343
In violation ofTitle 18 United States Code Sections 1028A(a)(I) and 2
COUNT 33
(Aggravated Identity Theft Title 18 UsC Section l028A and 2)
The GrandJury further charges that
138 The allegationscontainedin paragraphs 1-16 and 18-]02 of this Indictment are reshy
alleged and herebyincorporated by reference as if fullyset forth herein
159 On or about October 22008 in the Northern District of Ohio Westem Division
TAREK ELKAFRAWI did knowingly use without lawfulauthority a means of identification of
another personduring and in relation to the commission of Wire Fraud a violationof Title 18
United States Code Section 1343
In violationof TItle ]8 United States Code Sections 1028A(a)(I) and 2
CQVNT34 (Aggravated IdentityTheft Title 18 USC Section 1028A and 2)
The Grand Jury furtherchargesthat
160 The allegationscontained in paragraphs 1-16and 18-102ofthis Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
16t Onor about January27 2008 in the Northern District of Ohio WesternDivision
TAREK ELKAFRAWI did knowinglyuse without lawfulauthority a means of identification of
anotherpersonduringand in relation to the commissionofWire Fraud a violation ofTitJe 18
United States Code Section 1343
In violation of Title 18United States Code Sections l028A(a)(1) and 2
I I
WTOL NEWS PAGE 13115OS232012 1149 4192447104 I
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43
COUNT 35 (AggravatedIdentityTheft Title 18USC Section 1028A and 2)
The Grand Jury further charges that
162The allegations contained in paragraphs I-16 and 18-102 of this Indictment are reshy
alleged and herebyincorporated by reference as jf fully set forth herein
163On or about March 72009 in the NorthernDistrict of Ohio Western Division
TAREK ELKAFRAWI and KHALED YOUSEF did knowinglyuse without lawful authority a
means of identification of another personduringand in relation to the commission of Wire Fraud
a violation of Title 18 United States Code Section 1343
In violationof Title 18 United States Code Sections 1028A(a)(1)and 2
COUNT 36
(Aggravated IdentityTheft Title 18 USC Section 1028Aand 2)
The GrandJury further charges that
164 The allegations contained in paragraphs 1-16 and 18-102 of this Indictmentare reshy
allegedand hereby incorporated byreferenceas if fully set forth herein
16S On or about March tS 2009 in the Northern District of Ohio Western Division
TAREK ELKAFRAWI and KHALED YOUSEF did knowinglyuse without lawful authority a
means of identification of another person duringand in relation to the commission of WireFraud
a violation of Title 18United States Code Section 1343
In violation ofTitle 18United States Code Sections l028A(a)(1) and 2
~~~~2012 1149 4192447104 wloe NEWS
Case 312-cr-00262-0AK Doc 1 Filed 052212 44 of 65 PagelD 44
44
COUNT 37
(Aggravated Identity The~ Title 18 USC Section l028A and 2)
The GrandJury further charges that
166 Theallegations contained in paragraphs 1-16 and 18-] 02 of this Indictment are reshy
alleged and hereby incorporated byreference as if fully set forth herein
167 On or aboutJuly 21 2009 in the Northern District of Ohio Western Division
TAREK ELKAfRAWI and RAMIZAWWAO did knowingly use without lawful authority a
means of identification of anotherperson duringand in relation to the commission of WireFraud
a violation of Title 18United States Code Section 1343
In violation ofTitle 18 UnitedStates Code Sections l028A(a)(1) and 2
cOUNT38
(Aggravated Identity TheftTitle 18 USC Section 1028A and 2)
The Grand Juryfurthercharges that
168Theallegations contained in paragraphs 1-16 and t8-102 of this Indictment are reshy
alleged and hereby incorporated by reference 8S if fully set forth herein
169 On or about July 132009 in the NorthernDistrict ofOhio WesternDivision
TAREK ELKAFRAWIand IAMIL MOHAMMED AWWAD did knowingly use withoutlawful
authority a meansof identification of another person during and in relation to the commission of
Wire Fraud a violation ofTitle 18 United States Code Section 1343
In violation of Title 18 United States CodeSections l028A(a)(1) and 2
11 4l 41 l~44 IUl4 WIUL NIWl
Case 312-cr-00262-DAK Doc 1 Filed 0522112 45 of 65 PagelD 45
45
COUNT 39
(Identity Theftt Title 18 USC Sections 1028 and 2)
The Grand Jury further charges that
170 The allegationscontained in paragraphs 1-16 and 18-102 of this Indictment are reshy
alleged and hereby incorporated by reference as if fully set forth herein
171 On or about December132010 in the Northern District orOhio Western Division
TAREKELKAFRAWI and DONNA J HARRIOTTt did knowingly use in or affectinginterstate
or foreigncommerce without lawful authority a means of identification ofanother person to wit
s social securitynumber and date of birth with the intent to commit or to aid or abet or in
connectionwith any unlawful activitythat constitutes Wire Fraud 8 violation of 18USC
sect1343 and the offense involved the useof an authentication feature that is or appears to be an
identification document or authentication feature issued by Or under the authority of the United
States
All in violation ofTitle 1St United States Code Sections 1028(a)() (b)(l )(A)(l) and (f)
and 2
COUNI40
(Identity Theft Title 18USCbull Sections 1028and 2)
TheGrand Juryfurther chargesthat
172The allegationscontained in paragraphs 1-16 and J8middot102 of this Indictment are reo
allegedand hereby incorporated by referenceas if fully set forth herein
173On or about May42010 in the Northern District ofOhio Western Division
TAREK ELKAFRAWI and SARA RINEBOLT did knowingly use in or affecting interstate or
OS232012 1149 419~447104 WTOL NEWS PAGE 0715
Case 312-cr-00262-0AK Doc 1 Filed 0522112 37 of 65 PagelD 37
37
COUNT 15
February14 2011 TAREK BID OMAR PampL report
COUNT 16
March 28 20II TAREKEID OMAR PampL report
COUNT 17
April 102011 TAREK EJD OMAR PampL report
All in violation ofTitle 18UnitedStates Code Sections 341 and 2
COUNT 18
(Use of Fire to Commit a Felony Title 18 USC Sections 844(h) and 2)
TheGrand Jury further charges that
140The allegations contained in paragraphs 1-16 and 18-102 ofthis Indictmentarc reshy
alleged and hereby incorporatedby reference as if fully set forth herein
141On or about August 10 and II 2008 [n the Northern Districtof Ohio Westem
DivisionTAREK ELKAFRAWI and JOSE LEON-GONZALEZ knowingly used fire to commit
Mail Fraud a felony prosecutable in a court of the United States
In violation ofTitle 18 United States Code Sections 844(h) and 2
COUNTl2
(Malicious Use of Fire Title 18 USC Sections 844(i) and 2)
The Grand Jury further charges that
142 The allegations contained in paragraphs 1-16and 18-102 ofthls Indictmentare reo
alleged and hereby incorporated by reference as if fully set forth herein
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38
143 On or about August 10and II 2008 in the Northern District of Ohio Western
Division TAREK ELKAFRAWIand JOSE LEON-GONZALEZ maliciously damaged bymeans
of fire and explosivematerialsa buildinglocated at 7777 Countymiddot Road 136 Findlay Ohio used
in interstatecommerce
In violation of Title 18 UnitedStates Code Sections 844(i) and 2
coUNtS 0-28
(Mail FraudTitle] 8 USCSection 1341)
The Grand Jury furthercharges that
144 The allegations containedin paragraphs 1-16and I8-102 of this lndictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
145 Fromapproximately the month of July 2008 the exact date unknownto the Grand
Jury through On or about October 27 2009 in the Northern District of Ohio Western Division
and elsewhereTAREK ELKAFRAWI devisedand intended to devise 8 scheme and artifice to
defraudFarmers InsW1J1ce Group and to obtain moneyand property by meansof false and
fraudulent pretenses representations and promises
146 It was part of the schemeand artificeto defraud that TAREK ELKAFRAWI would
submit traudulent invoices to FarmersInsuranceGroup under PolicyNumber 602926772 for
work that was not performed or performed at a lower invoice
147It was a furtherpart of the scheme and artifice that TAREK ELKAFRAWI submitted
claims forpayroll costs that were completely illusorybecause the requested claimswere for
periods the restaurant was closed and had no employees
~~~J2012 1149 4192447104
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39
148 It was a furtherpart of the sc erne and artifice that all checks were sent directly to
TAREKELKAFRAWI at the Terry Elk G~OUP not the Findlay lHOP
149On or about each of the dates bet forth below in the Northern District of Ohio
Western Division and elsewhere for the Jurpose of executing and attempting to execute the
above described scheme and artifice to delud TAREK ELKAFRAWI knowinglycaused to be
placed into any post office or authorized dlpository for mail matterany matter or thing to be sentI
and dellvered by the US Postal Service Jd caused to be deposited any matter to be sent or
delivered by private and commercial inters~te carrier the following matter from the state of
Illinois to Toledo Ohio each mailingcon~itUting a separate count
October 17 2008
October22 2008
January 262009
October21 2009
September22 2008
January 26 2009
SENDER
Fanners Insurance
Farmers Insurance
Farmers Insurance
Farmers Insurance
FarmersInsurance
Farmers Inswance
CO 20
M61LMAmR
$S5947S 1check to Terry Elk Group
21
I $45581367 check to Terry Elk Group
~ I $24444302 check to Terry Elk Group
~ I $2262384 check to Terry Elk Group
bOUNTM
I $2500000 check to Terry Elk Croup
~ $15684795 check to Terry Elk Group
PAGE 1015WTOL NEWS05232012 1149 4192447104
Case 312-cr-00262-DAK Doc 1 Filed 05122112 40 of 65 pagelD 40
40
COUNT 26
October ~ I 2009 Farmers Insurance $4285205 check to Terry Elk Group
COUNT 27
February 172009 Farmers Insurance $20867200check to Terry Elk Group
COUNT 21
October 27 2009 FarmersInsurance $15226400 check to Terry Elk Group
All in violationofTitle 18 United States Code Section 1341
COUNT 29
(Aggravated IdentityTheft Title 18 USC Section 1028A and 2)
The OrandJury furthercharges that
ISO The allegations contained in paragraphs 1-16and 18~102 of this Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
J51 Onorabout October9 2007 in the Northem District of9hlo Western Division
TAREK ELKAFRAWI did knowinglyuse without lawftllauthority a means of identification of
another personduring and in relation to the commission ofWire Fraud a violation ofride 18
United States Code Section 1343
In violation of Title 18 United States Code Sections I028A(a)(1) and 2
CQVNT30
(Aggravated Identity Theft T~tle is USC Section l028A and 2)
The Grand Jury further charges that
152 The allegations eontained in paragraphs 1-16 and 18-102 of this Indictment are reshy
alleged and hereby incorporated by reference as if fully set forth herein
05232012 1149 4192447104 WTOL NEWS PAGE 111 5
Case 312-cr-Q0262~DAK Doc 1 Filed 052212 41 of 65 PagelD 41
41
153 On or about May 192008 in the Northern District of Ohio Western Division
TAREK ELKAFRAWIdid knowingly use without lawfulauthoritya means of identification of
another personduringand in relation to the commission of Wire Fraud a violation ofTitle 1g
United StatesCodeSection I~43
In violation of TitJe J8 UnitedStates Code Sections 1028A(a)(I) and 2
COUNT31
(Aggravated IdentityTheftTitle 18USC Section J028A and 2)
The Orand Jury furthercharges that
154 The allegations contained in paragraphs 1-l6- and 18middot102 of this Indictment are reshy
alleged and herebyincorporated by reference as if fully set forth herein
155 On or aboutJuly 132Q09 in the Northern District of Ohio Western Division
TAREK ELKAFRAWIj did knowingly use without lawfuJ authority a means of identification of
another personduring and in relation to the commission of Wire Fraud a violation of Title 18
United StatesCodeSection 1343
In violationofTitle 18 United States Code Sections 1028A(aXl) and 2
COlNT32
(Aggravated IdentityTheft Title 18USC Sectlon J028A and 2)
The Grand Jury furthercharges that
J56 Theallegations contained in paragraphs1-16and 184 J02 of this Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
157On or about May3l 2009 in theNorthern Districtof Ohio Western Division
TAREK ELKAFRAWI did knOWingly use without lawful authoritya means of identification of
OS232012 1149 4192447104 WTOL NEWS
Case 312-cr-00262-DAK Doc 1 Flied 0522112 42 of 65 PagelD 42
42
another person during and in relation to the commission of Wire Fraud a violation of Title 18
United States Code Section 1343
In violation ofTitle 18 United States Code Sections 1028A(a)(I) and 2
COUNT 33
(Aggravated Identity Theft Title 18 UsC Section l028A and 2)
The GrandJury further charges that
138 The allegationscontainedin paragraphs 1-16 and 18-]02 of this Indictment are reshy
alleged and herebyincorporated by reference as if fullyset forth herein
159 On or about October 22008 in the Northern District of Ohio Westem Division
TAREK ELKAFRAWI did knowingly use without lawfulauthority a means of identification of
another personduring and in relation to the commission of Wire Fraud a violationof Title 18
United States Code Section 1343
In violationof TItle ]8 United States Code Sections 1028A(a)(I) and 2
CQVNT34 (Aggravated IdentityTheft Title 18 USC Section 1028A and 2)
The Grand Jury furtherchargesthat
160 The allegationscontained in paragraphs 1-16and 18-102ofthis Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
16t Onor about January27 2008 in the Northern District of Ohio WesternDivision
TAREK ELKAFRAWI did knowinglyuse without lawfulauthority a means of identification of
anotherpersonduringand in relation to the commissionofWire Fraud a violation ofTitJe 18
United States Code Section 1343
In violation of Title 18United States Code Sections l028A(a)(1) and 2
I I
WTOL NEWS PAGE 13115OS232012 1149 4192447104 I
Case 312-cr-00262-DAK Doc 1 Filed 052212 43 of 65 PagelD 43
43
COUNT 35 (AggravatedIdentityTheft Title 18USC Section 1028A and 2)
The Grand Jury further charges that
162The allegations contained in paragraphs I-16 and 18-102 of this Indictment are reshy
alleged and herebyincorporated by reference as jf fully set forth herein
163On or about March 72009 in the NorthernDistrict of Ohio Western Division
TAREK ELKAFRAWI and KHALED YOUSEF did knowinglyuse without lawful authority a
means of identification of another personduringand in relation to the commission of Wire Fraud
a violation of Title 18 United States Code Section 1343
In violationof Title 18 United States Code Sections 1028A(a)(1)and 2
COUNT 36
(Aggravated IdentityTheft Title 18 USC Section 1028Aand 2)
The GrandJury further charges that
164 The allegations contained in paragraphs 1-16 and 18-102 of this Indictmentare reshy
allegedand hereby incorporated byreferenceas if fully set forth herein
16S On or about March tS 2009 in the Northern District of Ohio Western Division
TAREK ELKAFRAWI and KHALED YOUSEF did knowinglyuse without lawful authority a
means of identification of another person duringand in relation to the commission of WireFraud
a violation of Title 18United States Code Section 1343
In violation ofTitle 18United States Code Sections l028A(a)(1) and 2
~~~~2012 1149 4192447104 wloe NEWS
Case 312-cr-00262-0AK Doc 1 Filed 052212 44 of 65 PagelD 44
44
COUNT 37
(Aggravated Identity The~ Title 18 USC Section l028A and 2)
The GrandJury further charges that
166 Theallegations contained in paragraphs 1-16 and 18-] 02 of this Indictment are reshy
alleged and hereby incorporated byreference as if fully set forth herein
167 On or aboutJuly 21 2009 in the Northern District of Ohio Western Division
TAREK ELKAfRAWI and RAMIZAWWAO did knowingly use without lawful authority a
means of identification of anotherperson duringand in relation to the commission of WireFraud
a violation of Title 18United States Code Section 1343
In violation ofTitle 18 UnitedStates Code Sections l028A(a)(1) and 2
cOUNT38
(Aggravated Identity TheftTitle 18 USC Section 1028A and 2)
The Grand Juryfurthercharges that
168Theallegations contained in paragraphs 1-16 and t8-102 of this Indictment are reshy
alleged and hereby incorporated by reference 8S if fully set forth herein
169 On or about July 132009 in the NorthernDistrict ofOhio WesternDivision
TAREK ELKAFRAWIand IAMIL MOHAMMED AWWAD did knowingly use withoutlawful
authority a meansof identification of another person during and in relation to the commission of
Wire Fraud a violation ofTitle 18 United States Code Section 1343
In violation of Title 18 United States CodeSections l028A(a)(1) and 2
11 4l 41 l~44 IUl4 WIUL NIWl
Case 312-cr-00262-DAK Doc 1 Filed 0522112 45 of 65 PagelD 45
45
COUNT 39
(Identity Theftt Title 18 USC Sections 1028 and 2)
The Grand Jury further charges that
170 The allegationscontained in paragraphs 1-16 and 18-102 of this Indictment are reshy
alleged and hereby incorporated by reference as if fully set forth herein
171 On or about December132010 in the Northern District orOhio Western Division
TAREKELKAFRAWI and DONNA J HARRIOTTt did knowingly use in or affectinginterstate
or foreigncommerce without lawful authority a means of identification ofanother person to wit
s social securitynumber and date of birth with the intent to commit or to aid or abet or in
connectionwith any unlawful activitythat constitutes Wire Fraud 8 violation of 18USC
sect1343 and the offense involved the useof an authentication feature that is or appears to be an
identification document or authentication feature issued by Or under the authority of the United
States
All in violation ofTitle 1St United States Code Sections 1028(a)() (b)(l )(A)(l) and (f)
and 2
COUNI40
(Identity Theft Title 18USCbull Sections 1028and 2)
TheGrand Juryfurther chargesthat
172The allegationscontained in paragraphs 1-16 and J8middot102 of this Indictment are reo
allegedand hereby incorporated by referenceas if fully set forth herein
173On or about May42010 in the Northern District ofOhio Western Division
TAREK ELKAFRAWI and SARA RINEBOLT did knowingly use in or affecting interstate or
WTOL NEWS PAGE 0815OS232012 1149 4192447104
Case 312-cr-00262-DAK Doc 1 Filed 052212 38 of 65 PagelD 38
38
143 On or about August 10and II 2008 in the Northern District of Ohio Western
Division TAREK ELKAFRAWIand JOSE LEON-GONZALEZ maliciously damaged bymeans
of fire and explosivematerialsa buildinglocated at 7777 Countymiddot Road 136 Findlay Ohio used
in interstatecommerce
In violation of Title 18 UnitedStates Code Sections 844(i) and 2
coUNtS 0-28
(Mail FraudTitle] 8 USCSection 1341)
The Grand Jury furthercharges that
144 The allegations containedin paragraphs 1-16and I8-102 of this lndictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
145 Fromapproximately the month of July 2008 the exact date unknownto the Grand
Jury through On or about October 27 2009 in the Northern District of Ohio Western Division
and elsewhereTAREK ELKAFRAWI devisedand intended to devise 8 scheme and artifice to
defraudFarmers InsW1J1ce Group and to obtain moneyand property by meansof false and
fraudulent pretenses representations and promises
146 It was part of the schemeand artificeto defraud that TAREK ELKAFRAWI would
submit traudulent invoices to FarmersInsuranceGroup under PolicyNumber 602926772 for
work that was not performed or performed at a lower invoice
147It was a furtherpart of the scheme and artifice that TAREK ELKAFRAWI submitted
claims forpayroll costs that were completely illusorybecause the requested claimswere for
periods the restaurant was closed and had no employees
~~~J2012 1149 4192447104
Case 312-cr-00262-DAK Doc
WIDe NEWS PAGE 091~
1 Filed 052212 39 of 65 PagelD 39
39
148 It was a furtherpart of the sc erne and artifice that all checks were sent directly to
TAREKELKAFRAWI at the Terry Elk G~OUP not the Findlay lHOP
149On or about each of the dates bet forth below in the Northern District of Ohio
Western Division and elsewhere for the Jurpose of executing and attempting to execute the
above described scheme and artifice to delud TAREK ELKAFRAWI knowinglycaused to be
placed into any post office or authorized dlpository for mail matterany matter or thing to be sentI
and dellvered by the US Postal Service Jd caused to be deposited any matter to be sent or
delivered by private and commercial inters~te carrier the following matter from the state of
Illinois to Toledo Ohio each mailingcon~itUting a separate count
October 17 2008
October22 2008
January 262009
October21 2009
September22 2008
January 26 2009
SENDER
Fanners Insurance
Farmers Insurance
Farmers Insurance
Farmers Insurance
FarmersInsurance
Farmers Inswance
CO 20
M61LMAmR
$S5947S 1check to Terry Elk Group
21
I $45581367 check to Terry Elk Group
~ I $24444302 check to Terry Elk Group
~ I $2262384 check to Terry Elk Group
bOUNTM
I $2500000 check to Terry Elk Croup
~ $15684795 check to Terry Elk Group
PAGE 1015WTOL NEWS05232012 1149 4192447104
Case 312-cr-00262-DAK Doc 1 Filed 05122112 40 of 65 pagelD 40
40
COUNT 26
October ~ I 2009 Farmers Insurance $4285205 check to Terry Elk Group
COUNT 27
February 172009 Farmers Insurance $20867200check to Terry Elk Group
COUNT 21
October 27 2009 FarmersInsurance $15226400 check to Terry Elk Group
All in violationofTitle 18 United States Code Section 1341
COUNT 29
(Aggravated IdentityTheft Title 18 USC Section 1028A and 2)
The OrandJury furthercharges that
ISO The allegations contained in paragraphs 1-16and 18~102 of this Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
J51 Onorabout October9 2007 in the Northem District of9hlo Western Division
TAREK ELKAFRAWI did knowinglyuse without lawftllauthority a means of identification of
another personduring and in relation to the commission ofWire Fraud a violation ofride 18
United States Code Section 1343
In violation of Title 18 United States Code Sections I028A(a)(1) and 2
CQVNT30
(Aggravated Identity Theft T~tle is USC Section l028A and 2)
The Grand Jury further charges that
152 The allegations eontained in paragraphs 1-16 and 18-102 of this Indictment are reshy
alleged and hereby incorporated by reference as if fully set forth herein
05232012 1149 4192447104 WTOL NEWS PAGE 111 5
Case 312-cr-Q0262~DAK Doc 1 Filed 052212 41 of 65 PagelD 41
41
153 On or about May 192008 in the Northern District of Ohio Western Division
TAREK ELKAFRAWIdid knowingly use without lawfulauthoritya means of identification of
another personduringand in relation to the commission of Wire Fraud a violation ofTitle 1g
United StatesCodeSection I~43
In violation of TitJe J8 UnitedStates Code Sections 1028A(a)(I) and 2
COUNT31
(Aggravated IdentityTheftTitle 18USC Section J028A and 2)
The Orand Jury furthercharges that
154 The allegations contained in paragraphs 1-l6- and 18middot102 of this Indictment are reshy
alleged and herebyincorporated by reference as if fully set forth herein
155 On or aboutJuly 132Q09 in the Northern District of Ohio Western Division
TAREK ELKAFRAWIj did knowingly use without lawfuJ authority a means of identification of
another personduring and in relation to the commission of Wire Fraud a violation of Title 18
United StatesCodeSection 1343
In violationofTitle 18 United States Code Sections 1028A(aXl) and 2
COlNT32
(Aggravated IdentityTheft Title 18USC Sectlon J028A and 2)
The Grand Jury furthercharges that
J56 Theallegations contained in paragraphs1-16and 184 J02 of this Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
157On or about May3l 2009 in theNorthern Districtof Ohio Western Division
TAREK ELKAFRAWI did knOWingly use without lawful authoritya means of identification of
OS232012 1149 4192447104 WTOL NEWS
Case 312-cr-00262-DAK Doc 1 Flied 0522112 42 of 65 PagelD 42
42
another person during and in relation to the commission of Wire Fraud a violation of Title 18
United States Code Section 1343
In violation ofTitle 18 United States Code Sections 1028A(a)(I) and 2
COUNT 33
(Aggravated Identity Theft Title 18 UsC Section l028A and 2)
The GrandJury further charges that
138 The allegationscontainedin paragraphs 1-16 and 18-]02 of this Indictment are reshy
alleged and herebyincorporated by reference as if fullyset forth herein
159 On or about October 22008 in the Northern District of Ohio Westem Division
TAREK ELKAFRAWI did knowingly use without lawfulauthority a means of identification of
another personduring and in relation to the commission of Wire Fraud a violationof Title 18
United States Code Section 1343
In violationof TItle ]8 United States Code Sections 1028A(a)(I) and 2
CQVNT34 (Aggravated IdentityTheft Title 18 USC Section 1028A and 2)
The Grand Jury furtherchargesthat
160 The allegationscontained in paragraphs 1-16and 18-102ofthis Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
16t Onor about January27 2008 in the Northern District of Ohio WesternDivision
TAREK ELKAFRAWI did knowinglyuse without lawfulauthority a means of identification of
anotherpersonduringand in relation to the commissionofWire Fraud a violation ofTitJe 18
United States Code Section 1343
In violation of Title 18United States Code Sections l028A(a)(1) and 2
I I
WTOL NEWS PAGE 13115OS232012 1149 4192447104 I
Case 312-cr-00262-DAK Doc 1 Filed 052212 43 of 65 PagelD 43
43
COUNT 35 (AggravatedIdentityTheft Title 18USC Section 1028A and 2)
The Grand Jury further charges that
162The allegations contained in paragraphs I-16 and 18-102 of this Indictment are reshy
alleged and herebyincorporated by reference as jf fully set forth herein
163On or about March 72009 in the NorthernDistrict of Ohio Western Division
TAREK ELKAFRAWI and KHALED YOUSEF did knowinglyuse without lawful authority a
means of identification of another personduringand in relation to the commission of Wire Fraud
a violation of Title 18 United States Code Section 1343
In violationof Title 18 United States Code Sections 1028A(a)(1)and 2
COUNT 36
(Aggravated IdentityTheft Title 18 USC Section 1028Aand 2)
The GrandJury further charges that
164 The allegations contained in paragraphs 1-16 and 18-102 of this Indictmentare reshy
allegedand hereby incorporated byreferenceas if fully set forth herein
16S On or about March tS 2009 in the Northern District of Ohio Western Division
TAREK ELKAFRAWI and KHALED YOUSEF did knowinglyuse without lawful authority a
means of identification of another person duringand in relation to the commission of WireFraud
a violation of Title 18United States Code Section 1343
In violation ofTitle 18United States Code Sections l028A(a)(1) and 2
~~~~2012 1149 4192447104 wloe NEWS
Case 312-cr-00262-0AK Doc 1 Filed 052212 44 of 65 PagelD 44
44
COUNT 37
(Aggravated Identity The~ Title 18 USC Section l028A and 2)
The GrandJury further charges that
166 Theallegations contained in paragraphs 1-16 and 18-] 02 of this Indictment are reshy
alleged and hereby incorporated byreference as if fully set forth herein
167 On or aboutJuly 21 2009 in the Northern District of Ohio Western Division
TAREK ELKAfRAWI and RAMIZAWWAO did knowingly use without lawful authority a
means of identification of anotherperson duringand in relation to the commission of WireFraud
a violation of Title 18United States Code Section 1343
In violation ofTitle 18 UnitedStates Code Sections l028A(a)(1) and 2
cOUNT38
(Aggravated Identity TheftTitle 18 USC Section 1028A and 2)
The Grand Juryfurthercharges that
168Theallegations contained in paragraphs 1-16 and t8-102 of this Indictment are reshy
alleged and hereby incorporated by reference 8S if fully set forth herein
169 On or about July 132009 in the NorthernDistrict ofOhio WesternDivision
TAREK ELKAFRAWIand IAMIL MOHAMMED AWWAD did knowingly use withoutlawful
authority a meansof identification of another person during and in relation to the commission of
Wire Fraud a violation ofTitle 18 United States Code Section 1343
In violation of Title 18 United States CodeSections l028A(a)(1) and 2
11 4l 41 l~44 IUl4 WIUL NIWl
Case 312-cr-00262-DAK Doc 1 Filed 0522112 45 of 65 PagelD 45
45
COUNT 39
(Identity Theftt Title 18 USC Sections 1028 and 2)
The Grand Jury further charges that
170 The allegationscontained in paragraphs 1-16 and 18-102 of this Indictment are reshy
alleged and hereby incorporated by reference as if fully set forth herein
171 On or about December132010 in the Northern District orOhio Western Division
TAREKELKAFRAWI and DONNA J HARRIOTTt did knowingly use in or affectinginterstate
or foreigncommerce without lawful authority a means of identification ofanother person to wit
s social securitynumber and date of birth with the intent to commit or to aid or abet or in
connectionwith any unlawful activitythat constitutes Wire Fraud 8 violation of 18USC
sect1343 and the offense involved the useof an authentication feature that is or appears to be an
identification document or authentication feature issued by Or under the authority of the United
States
All in violation ofTitle 1St United States Code Sections 1028(a)() (b)(l )(A)(l) and (f)
and 2
COUNI40
(Identity Theft Title 18USCbull Sections 1028and 2)
TheGrand Juryfurther chargesthat
172The allegationscontained in paragraphs 1-16 and J8middot102 of this Indictment are reo
allegedand hereby incorporated by referenceas if fully set forth herein
173On or about May42010 in the Northern District ofOhio Western Division
TAREK ELKAFRAWI and SARA RINEBOLT did knowingly use in or affecting interstate or
~~~J2012 1149 4192447104
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WIDe NEWS PAGE 091~
1 Filed 052212 39 of 65 PagelD 39
39
148 It was a furtherpart of the sc erne and artifice that all checks were sent directly to
TAREKELKAFRAWI at the Terry Elk G~OUP not the Findlay lHOP
149On or about each of the dates bet forth below in the Northern District of Ohio
Western Division and elsewhere for the Jurpose of executing and attempting to execute the
above described scheme and artifice to delud TAREK ELKAFRAWI knowinglycaused to be
placed into any post office or authorized dlpository for mail matterany matter or thing to be sentI
and dellvered by the US Postal Service Jd caused to be deposited any matter to be sent or
delivered by private and commercial inters~te carrier the following matter from the state of
Illinois to Toledo Ohio each mailingcon~itUting a separate count
October 17 2008
October22 2008
January 262009
October21 2009
September22 2008
January 26 2009
SENDER
Fanners Insurance
Farmers Insurance
Farmers Insurance
Farmers Insurance
FarmersInsurance
Farmers Inswance
CO 20
M61LMAmR
$S5947S 1check to Terry Elk Group
21
I $45581367 check to Terry Elk Group
~ I $24444302 check to Terry Elk Group
~ I $2262384 check to Terry Elk Group
bOUNTM
I $2500000 check to Terry Elk Croup
~ $15684795 check to Terry Elk Group
PAGE 1015WTOL NEWS05232012 1149 4192447104
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40
COUNT 26
October ~ I 2009 Farmers Insurance $4285205 check to Terry Elk Group
COUNT 27
February 172009 Farmers Insurance $20867200check to Terry Elk Group
COUNT 21
October 27 2009 FarmersInsurance $15226400 check to Terry Elk Group
All in violationofTitle 18 United States Code Section 1341
COUNT 29
(Aggravated IdentityTheft Title 18 USC Section 1028A and 2)
The OrandJury furthercharges that
ISO The allegations contained in paragraphs 1-16and 18~102 of this Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
J51 Onorabout October9 2007 in the Northem District of9hlo Western Division
TAREK ELKAFRAWI did knowinglyuse without lawftllauthority a means of identification of
another personduring and in relation to the commission ofWire Fraud a violation ofride 18
United States Code Section 1343
In violation of Title 18 United States Code Sections I028A(a)(1) and 2
CQVNT30
(Aggravated Identity Theft T~tle is USC Section l028A and 2)
The Grand Jury further charges that
152 The allegations eontained in paragraphs 1-16 and 18-102 of this Indictment are reshy
alleged and hereby incorporated by reference as if fully set forth herein
05232012 1149 4192447104 WTOL NEWS PAGE 111 5
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41
153 On or about May 192008 in the Northern District of Ohio Western Division
TAREK ELKAFRAWIdid knowingly use without lawfulauthoritya means of identification of
another personduringand in relation to the commission of Wire Fraud a violation ofTitle 1g
United StatesCodeSection I~43
In violation of TitJe J8 UnitedStates Code Sections 1028A(a)(I) and 2
COUNT31
(Aggravated IdentityTheftTitle 18USC Section J028A and 2)
The Orand Jury furthercharges that
154 The allegations contained in paragraphs 1-l6- and 18middot102 of this Indictment are reshy
alleged and herebyincorporated by reference as if fully set forth herein
155 On or aboutJuly 132Q09 in the Northern District of Ohio Western Division
TAREK ELKAFRAWIj did knowingly use without lawfuJ authority a means of identification of
another personduring and in relation to the commission of Wire Fraud a violation of Title 18
United StatesCodeSection 1343
In violationofTitle 18 United States Code Sections 1028A(aXl) and 2
COlNT32
(Aggravated IdentityTheft Title 18USC Sectlon J028A and 2)
The Grand Jury furthercharges that
J56 Theallegations contained in paragraphs1-16and 184 J02 of this Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
157On or about May3l 2009 in theNorthern Districtof Ohio Western Division
TAREK ELKAFRAWI did knOWingly use without lawful authoritya means of identification of
OS232012 1149 4192447104 WTOL NEWS
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42
another person during and in relation to the commission of Wire Fraud a violation of Title 18
United States Code Section 1343
In violation ofTitle 18 United States Code Sections 1028A(a)(I) and 2
COUNT 33
(Aggravated Identity Theft Title 18 UsC Section l028A and 2)
The GrandJury further charges that
138 The allegationscontainedin paragraphs 1-16 and 18-]02 of this Indictment are reshy
alleged and herebyincorporated by reference as if fullyset forth herein
159 On or about October 22008 in the Northern District of Ohio Westem Division
TAREK ELKAFRAWI did knowingly use without lawfulauthority a means of identification of
another personduring and in relation to the commission of Wire Fraud a violationof Title 18
United States Code Section 1343
In violationof TItle ]8 United States Code Sections 1028A(a)(I) and 2
CQVNT34 (Aggravated IdentityTheft Title 18 USC Section 1028A and 2)
The Grand Jury furtherchargesthat
160 The allegationscontained in paragraphs 1-16and 18-102ofthis Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
16t Onor about January27 2008 in the Northern District of Ohio WesternDivision
TAREK ELKAFRAWI did knowinglyuse without lawfulauthority a means of identification of
anotherpersonduringand in relation to the commissionofWire Fraud a violation ofTitJe 18
United States Code Section 1343
In violation of Title 18United States Code Sections l028A(a)(1) and 2
I I
WTOL NEWS PAGE 13115OS232012 1149 4192447104 I
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43
COUNT 35 (AggravatedIdentityTheft Title 18USC Section 1028A and 2)
The Grand Jury further charges that
162The allegations contained in paragraphs I-16 and 18-102 of this Indictment are reshy
alleged and herebyincorporated by reference as jf fully set forth herein
163On or about March 72009 in the NorthernDistrict of Ohio Western Division
TAREK ELKAFRAWI and KHALED YOUSEF did knowinglyuse without lawful authority a
means of identification of another personduringand in relation to the commission of Wire Fraud
a violation of Title 18 United States Code Section 1343
In violationof Title 18 United States Code Sections 1028A(a)(1)and 2
COUNT 36
(Aggravated IdentityTheft Title 18 USC Section 1028Aand 2)
The GrandJury further charges that
164 The allegations contained in paragraphs 1-16 and 18-102 of this Indictmentare reshy
allegedand hereby incorporated byreferenceas if fully set forth herein
16S On or about March tS 2009 in the Northern District of Ohio Western Division
TAREK ELKAFRAWI and KHALED YOUSEF did knowinglyuse without lawful authority a
means of identification of another person duringand in relation to the commission of WireFraud
a violation of Title 18United States Code Section 1343
In violation ofTitle 18United States Code Sections l028A(a)(1) and 2
~~~~2012 1149 4192447104 wloe NEWS
Case 312-cr-00262-0AK Doc 1 Filed 052212 44 of 65 PagelD 44
44
COUNT 37
(Aggravated Identity The~ Title 18 USC Section l028A and 2)
The GrandJury further charges that
166 Theallegations contained in paragraphs 1-16 and 18-] 02 of this Indictment are reshy
alleged and hereby incorporated byreference as if fully set forth herein
167 On or aboutJuly 21 2009 in the Northern District of Ohio Western Division
TAREK ELKAfRAWI and RAMIZAWWAO did knowingly use without lawful authority a
means of identification of anotherperson duringand in relation to the commission of WireFraud
a violation of Title 18United States Code Section 1343
In violation ofTitle 18 UnitedStates Code Sections l028A(a)(1) and 2
cOUNT38
(Aggravated Identity TheftTitle 18 USC Section 1028A and 2)
The Grand Juryfurthercharges that
168Theallegations contained in paragraphs 1-16 and t8-102 of this Indictment are reshy
alleged and hereby incorporated by reference 8S if fully set forth herein
169 On or about July 132009 in the NorthernDistrict ofOhio WesternDivision
TAREK ELKAFRAWIand IAMIL MOHAMMED AWWAD did knowingly use withoutlawful
authority a meansof identification of another person during and in relation to the commission of
Wire Fraud a violation ofTitle 18 United States Code Section 1343
In violation of Title 18 United States CodeSections l028A(a)(1) and 2
11 4l 41 l~44 IUl4 WIUL NIWl
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45
COUNT 39
(Identity Theftt Title 18 USC Sections 1028 and 2)
The Grand Jury further charges that
170 The allegationscontained in paragraphs 1-16 and 18-102 of this Indictment are reshy
alleged and hereby incorporated by reference as if fully set forth herein
171 On or about December132010 in the Northern District orOhio Western Division
TAREKELKAFRAWI and DONNA J HARRIOTTt did knowingly use in or affectinginterstate
or foreigncommerce without lawful authority a means of identification ofanother person to wit
s social securitynumber and date of birth with the intent to commit or to aid or abet or in
connectionwith any unlawful activitythat constitutes Wire Fraud 8 violation of 18USC
sect1343 and the offense involved the useof an authentication feature that is or appears to be an
identification document or authentication feature issued by Or under the authority of the United
States
All in violation ofTitle 1St United States Code Sections 1028(a)() (b)(l )(A)(l) and (f)
and 2
COUNI40
(Identity Theft Title 18USCbull Sections 1028and 2)
TheGrand Juryfurther chargesthat
172The allegationscontained in paragraphs 1-16 and J8middot102 of this Indictment are reo
allegedand hereby incorporated by referenceas if fully set forth herein
173On or about May42010 in the Northern District ofOhio Western Division
TAREK ELKAFRAWI and SARA RINEBOLT did knowingly use in or affecting interstate or
PAGE 1015WTOL NEWS05232012 1149 4192447104
Case 312-cr-00262-DAK Doc 1 Filed 05122112 40 of 65 pagelD 40
40
COUNT 26
October ~ I 2009 Farmers Insurance $4285205 check to Terry Elk Group
COUNT 27
February 172009 Farmers Insurance $20867200check to Terry Elk Group
COUNT 21
October 27 2009 FarmersInsurance $15226400 check to Terry Elk Group
All in violationofTitle 18 United States Code Section 1341
COUNT 29
(Aggravated IdentityTheft Title 18 USC Section 1028A and 2)
The OrandJury furthercharges that
ISO The allegations contained in paragraphs 1-16and 18~102 of this Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
J51 Onorabout October9 2007 in the Northem District of9hlo Western Division
TAREK ELKAFRAWI did knowinglyuse without lawftllauthority a means of identification of
another personduring and in relation to the commission ofWire Fraud a violation ofride 18
United States Code Section 1343
In violation of Title 18 United States Code Sections I028A(a)(1) and 2
CQVNT30
(Aggravated Identity Theft T~tle is USC Section l028A and 2)
The Grand Jury further charges that
152 The allegations eontained in paragraphs 1-16 and 18-102 of this Indictment are reshy
alleged and hereby incorporated by reference as if fully set forth herein
05232012 1149 4192447104 WTOL NEWS PAGE 111 5
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41
153 On or about May 192008 in the Northern District of Ohio Western Division
TAREK ELKAFRAWIdid knowingly use without lawfulauthoritya means of identification of
another personduringand in relation to the commission of Wire Fraud a violation ofTitle 1g
United StatesCodeSection I~43
In violation of TitJe J8 UnitedStates Code Sections 1028A(a)(I) and 2
COUNT31
(Aggravated IdentityTheftTitle 18USC Section J028A and 2)
The Orand Jury furthercharges that
154 The allegations contained in paragraphs 1-l6- and 18middot102 of this Indictment are reshy
alleged and herebyincorporated by reference as if fully set forth herein
155 On or aboutJuly 132Q09 in the Northern District of Ohio Western Division
TAREK ELKAFRAWIj did knowingly use without lawfuJ authority a means of identification of
another personduring and in relation to the commission of Wire Fraud a violation of Title 18
United StatesCodeSection 1343
In violationofTitle 18 United States Code Sections 1028A(aXl) and 2
COlNT32
(Aggravated IdentityTheft Title 18USC Sectlon J028A and 2)
The Grand Jury furthercharges that
J56 Theallegations contained in paragraphs1-16and 184 J02 of this Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
157On or about May3l 2009 in theNorthern Districtof Ohio Western Division
TAREK ELKAFRAWI did knOWingly use without lawful authoritya means of identification of
OS232012 1149 4192447104 WTOL NEWS
Case 312-cr-00262-DAK Doc 1 Flied 0522112 42 of 65 PagelD 42
42
another person during and in relation to the commission of Wire Fraud a violation of Title 18
United States Code Section 1343
In violation ofTitle 18 United States Code Sections 1028A(a)(I) and 2
COUNT 33
(Aggravated Identity Theft Title 18 UsC Section l028A and 2)
The GrandJury further charges that
138 The allegationscontainedin paragraphs 1-16 and 18-]02 of this Indictment are reshy
alleged and herebyincorporated by reference as if fullyset forth herein
159 On or about October 22008 in the Northern District of Ohio Westem Division
TAREK ELKAFRAWI did knowingly use without lawfulauthority a means of identification of
another personduring and in relation to the commission of Wire Fraud a violationof Title 18
United States Code Section 1343
In violationof TItle ]8 United States Code Sections 1028A(a)(I) and 2
CQVNT34 (Aggravated IdentityTheft Title 18 USC Section 1028A and 2)
The Grand Jury furtherchargesthat
160 The allegationscontained in paragraphs 1-16and 18-102ofthis Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
16t Onor about January27 2008 in the Northern District of Ohio WesternDivision
TAREK ELKAFRAWI did knowinglyuse without lawfulauthority a means of identification of
anotherpersonduringand in relation to the commissionofWire Fraud a violation ofTitJe 18
United States Code Section 1343
In violation of Title 18United States Code Sections l028A(a)(1) and 2
I I
WTOL NEWS PAGE 13115OS232012 1149 4192447104 I
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43
COUNT 35 (AggravatedIdentityTheft Title 18USC Section 1028A and 2)
The Grand Jury further charges that
162The allegations contained in paragraphs I-16 and 18-102 of this Indictment are reshy
alleged and herebyincorporated by reference as jf fully set forth herein
163On or about March 72009 in the NorthernDistrict of Ohio Western Division
TAREK ELKAFRAWI and KHALED YOUSEF did knowinglyuse without lawful authority a
means of identification of another personduringand in relation to the commission of Wire Fraud
a violation of Title 18 United States Code Section 1343
In violationof Title 18 United States Code Sections 1028A(a)(1)and 2
COUNT 36
(Aggravated IdentityTheft Title 18 USC Section 1028Aand 2)
The GrandJury further charges that
164 The allegations contained in paragraphs 1-16 and 18-102 of this Indictmentare reshy
allegedand hereby incorporated byreferenceas if fully set forth herein
16S On or about March tS 2009 in the Northern District of Ohio Western Division
TAREK ELKAFRAWI and KHALED YOUSEF did knowinglyuse without lawful authority a
means of identification of another person duringand in relation to the commission of WireFraud
a violation of Title 18United States Code Section 1343
In violation ofTitle 18United States Code Sections l028A(a)(1) and 2
~~~~2012 1149 4192447104 wloe NEWS
Case 312-cr-00262-0AK Doc 1 Filed 052212 44 of 65 PagelD 44
44
COUNT 37
(Aggravated Identity The~ Title 18 USC Section l028A and 2)
The GrandJury further charges that
166 Theallegations contained in paragraphs 1-16 and 18-] 02 of this Indictment are reshy
alleged and hereby incorporated byreference as if fully set forth herein
167 On or aboutJuly 21 2009 in the Northern District of Ohio Western Division
TAREK ELKAfRAWI and RAMIZAWWAO did knowingly use without lawful authority a
means of identification of anotherperson duringand in relation to the commission of WireFraud
a violation of Title 18United States Code Section 1343
In violation ofTitle 18 UnitedStates Code Sections l028A(a)(1) and 2
cOUNT38
(Aggravated Identity TheftTitle 18 USC Section 1028A and 2)
The Grand Juryfurthercharges that
168Theallegations contained in paragraphs 1-16 and t8-102 of this Indictment are reshy
alleged and hereby incorporated by reference 8S if fully set forth herein
169 On or about July 132009 in the NorthernDistrict ofOhio WesternDivision
TAREK ELKAFRAWIand IAMIL MOHAMMED AWWAD did knowingly use withoutlawful
authority a meansof identification of another person during and in relation to the commission of
Wire Fraud a violation ofTitle 18 United States Code Section 1343
In violation of Title 18 United States CodeSections l028A(a)(1) and 2
11 4l 41 l~44 IUl4 WIUL NIWl
Case 312-cr-00262-DAK Doc 1 Filed 0522112 45 of 65 PagelD 45
45
COUNT 39
(Identity Theftt Title 18 USC Sections 1028 and 2)
The Grand Jury further charges that
170 The allegationscontained in paragraphs 1-16 and 18-102 of this Indictment are reshy
alleged and hereby incorporated by reference as if fully set forth herein
171 On or about December132010 in the Northern District orOhio Western Division
TAREKELKAFRAWI and DONNA J HARRIOTTt did knowingly use in or affectinginterstate
or foreigncommerce without lawful authority a means of identification ofanother person to wit
s social securitynumber and date of birth with the intent to commit or to aid or abet or in
connectionwith any unlawful activitythat constitutes Wire Fraud 8 violation of 18USC
sect1343 and the offense involved the useof an authentication feature that is or appears to be an
identification document or authentication feature issued by Or under the authority of the United
States
All in violation ofTitle 1St United States Code Sections 1028(a)() (b)(l )(A)(l) and (f)
and 2
COUNI40
(Identity Theft Title 18USCbull Sections 1028and 2)
TheGrand Juryfurther chargesthat
172The allegationscontained in paragraphs 1-16 and J8middot102 of this Indictment are reo
allegedand hereby incorporated by referenceas if fully set forth herein
173On or about May42010 in the Northern District ofOhio Western Division
TAREK ELKAFRAWI and SARA RINEBOLT did knowingly use in or affecting interstate or
05232012 1149 4192447104 WTOL NEWS PAGE 111 5
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41
153 On or about May 192008 in the Northern District of Ohio Western Division
TAREK ELKAFRAWIdid knowingly use without lawfulauthoritya means of identification of
another personduringand in relation to the commission of Wire Fraud a violation ofTitle 1g
United StatesCodeSection I~43
In violation of TitJe J8 UnitedStates Code Sections 1028A(a)(I) and 2
COUNT31
(Aggravated IdentityTheftTitle 18USC Section J028A and 2)
The Orand Jury furthercharges that
154 The allegations contained in paragraphs 1-l6- and 18middot102 of this Indictment are reshy
alleged and herebyincorporated by reference as if fully set forth herein
155 On or aboutJuly 132Q09 in the Northern District of Ohio Western Division
TAREK ELKAFRAWIj did knowingly use without lawfuJ authority a means of identification of
another personduring and in relation to the commission of Wire Fraud a violation of Title 18
United StatesCodeSection 1343
In violationofTitle 18 United States Code Sections 1028A(aXl) and 2
COlNT32
(Aggravated IdentityTheft Title 18USC Sectlon J028A and 2)
The Grand Jury furthercharges that
J56 Theallegations contained in paragraphs1-16and 184 J02 of this Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
157On or about May3l 2009 in theNorthern Districtof Ohio Western Division
TAREK ELKAFRAWI did knOWingly use without lawful authoritya means of identification of
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42
another person during and in relation to the commission of Wire Fraud a violation of Title 18
United States Code Section 1343
In violation ofTitle 18 United States Code Sections 1028A(a)(I) and 2
COUNT 33
(Aggravated Identity Theft Title 18 UsC Section l028A and 2)
The GrandJury further charges that
138 The allegationscontainedin paragraphs 1-16 and 18-]02 of this Indictment are reshy
alleged and herebyincorporated by reference as if fullyset forth herein
159 On or about October 22008 in the Northern District of Ohio Westem Division
TAREK ELKAFRAWI did knowingly use without lawfulauthority a means of identification of
another personduring and in relation to the commission of Wire Fraud a violationof Title 18
United States Code Section 1343
In violationof TItle ]8 United States Code Sections 1028A(a)(I) and 2
CQVNT34 (Aggravated IdentityTheft Title 18 USC Section 1028A and 2)
The Grand Jury furtherchargesthat
160 The allegationscontained in paragraphs 1-16and 18-102ofthis Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
16t Onor about January27 2008 in the Northern District of Ohio WesternDivision
TAREK ELKAFRAWI did knowinglyuse without lawfulauthority a means of identification of
anotherpersonduringand in relation to the commissionofWire Fraud a violation ofTitJe 18
United States Code Section 1343
In violation of Title 18United States Code Sections l028A(a)(1) and 2
I I
WTOL NEWS PAGE 13115OS232012 1149 4192447104 I
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43
COUNT 35 (AggravatedIdentityTheft Title 18USC Section 1028A and 2)
The Grand Jury further charges that
162The allegations contained in paragraphs I-16 and 18-102 of this Indictment are reshy
alleged and herebyincorporated by reference as jf fully set forth herein
163On or about March 72009 in the NorthernDistrict of Ohio Western Division
TAREK ELKAFRAWI and KHALED YOUSEF did knowinglyuse without lawful authority a
means of identification of another personduringand in relation to the commission of Wire Fraud
a violation of Title 18 United States Code Section 1343
In violationof Title 18 United States Code Sections 1028A(a)(1)and 2
COUNT 36
(Aggravated IdentityTheft Title 18 USC Section 1028Aand 2)
The GrandJury further charges that
164 The allegations contained in paragraphs 1-16 and 18-102 of this Indictmentare reshy
allegedand hereby incorporated byreferenceas if fully set forth herein
16S On or about March tS 2009 in the Northern District of Ohio Western Division
TAREK ELKAFRAWI and KHALED YOUSEF did knowinglyuse without lawful authority a
means of identification of another person duringand in relation to the commission of WireFraud
a violation of Title 18United States Code Section 1343
In violation ofTitle 18United States Code Sections l028A(a)(1) and 2
~~~~2012 1149 4192447104 wloe NEWS
Case 312-cr-00262-0AK Doc 1 Filed 052212 44 of 65 PagelD 44
44
COUNT 37
(Aggravated Identity The~ Title 18 USC Section l028A and 2)
The GrandJury further charges that
166 Theallegations contained in paragraphs 1-16 and 18-] 02 of this Indictment are reshy
alleged and hereby incorporated byreference as if fully set forth herein
167 On or aboutJuly 21 2009 in the Northern District of Ohio Western Division
TAREK ELKAfRAWI and RAMIZAWWAO did knowingly use without lawful authority a
means of identification of anotherperson duringand in relation to the commission of WireFraud
a violation of Title 18United States Code Section 1343
In violation ofTitle 18 UnitedStates Code Sections l028A(a)(1) and 2
cOUNT38
(Aggravated Identity TheftTitle 18 USC Section 1028A and 2)
The Grand Juryfurthercharges that
168Theallegations contained in paragraphs 1-16 and t8-102 of this Indictment are reshy
alleged and hereby incorporated by reference 8S if fully set forth herein
169 On or about July 132009 in the NorthernDistrict ofOhio WesternDivision
TAREK ELKAFRAWIand IAMIL MOHAMMED AWWAD did knowingly use withoutlawful
authority a meansof identification of another person during and in relation to the commission of
Wire Fraud a violation ofTitle 18 United States Code Section 1343
In violation of Title 18 United States CodeSections l028A(a)(1) and 2
11 4l 41 l~44 IUl4 WIUL NIWl
Case 312-cr-00262-DAK Doc 1 Filed 0522112 45 of 65 PagelD 45
45
COUNT 39
(Identity Theftt Title 18 USC Sections 1028 and 2)
The Grand Jury further charges that
170 The allegationscontained in paragraphs 1-16 and 18-102 of this Indictment are reshy
alleged and hereby incorporated by reference as if fully set forth herein
171 On or about December132010 in the Northern District orOhio Western Division
TAREKELKAFRAWI and DONNA J HARRIOTTt did knowingly use in or affectinginterstate
or foreigncommerce without lawful authority a means of identification ofanother person to wit
s social securitynumber and date of birth with the intent to commit or to aid or abet or in
connectionwith any unlawful activitythat constitutes Wire Fraud 8 violation of 18USC
sect1343 and the offense involved the useof an authentication feature that is or appears to be an
identification document or authentication feature issued by Or under the authority of the United
States
All in violation ofTitle 1St United States Code Sections 1028(a)() (b)(l )(A)(l) and (f)
and 2
COUNI40
(Identity Theft Title 18USCbull Sections 1028and 2)
TheGrand Juryfurther chargesthat
172The allegationscontained in paragraphs 1-16 and J8middot102 of this Indictment are reo
allegedand hereby incorporated by referenceas if fully set forth herein
173On or about May42010 in the Northern District ofOhio Western Division
TAREK ELKAFRAWI and SARA RINEBOLT did knowingly use in or affecting interstate or
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42
another person during and in relation to the commission of Wire Fraud a violation of Title 18
United States Code Section 1343
In violation ofTitle 18 United States Code Sections 1028A(a)(I) and 2
COUNT 33
(Aggravated Identity Theft Title 18 UsC Section l028A and 2)
The GrandJury further charges that
138 The allegationscontainedin paragraphs 1-16 and 18-]02 of this Indictment are reshy
alleged and herebyincorporated by reference as if fullyset forth herein
159 On or about October 22008 in the Northern District of Ohio Westem Division
TAREK ELKAFRAWI did knowingly use without lawfulauthority a means of identification of
another personduring and in relation to the commission of Wire Fraud a violationof Title 18
United States Code Section 1343
In violationof TItle ]8 United States Code Sections 1028A(a)(I) and 2
CQVNT34 (Aggravated IdentityTheft Title 18 USC Section 1028A and 2)
The Grand Jury furtherchargesthat
160 The allegationscontained in paragraphs 1-16and 18-102ofthis Indictmentare reshy
alleged and hereby incorporated by reference as if fully set forth herein
16t Onor about January27 2008 in the Northern District of Ohio WesternDivision
TAREK ELKAFRAWI did knowinglyuse without lawfulauthority a means of identification of
anotherpersonduringand in relation to the commissionofWire Fraud a violation ofTitJe 18
United States Code Section 1343
In violation of Title 18United States Code Sections l028A(a)(1) and 2
I I
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43
COUNT 35 (AggravatedIdentityTheft Title 18USC Section 1028A and 2)
The Grand Jury further charges that
162The allegations contained in paragraphs I-16 and 18-102 of this Indictment are reshy
alleged and herebyincorporated by reference as jf fully set forth herein
163On or about March 72009 in the NorthernDistrict of Ohio Western Division
TAREK ELKAFRAWI and KHALED YOUSEF did knowinglyuse without lawful authority a
means of identification of another personduringand in relation to the commission of Wire Fraud
a violation of Title 18 United States Code Section 1343
In violationof Title 18 United States Code Sections 1028A(a)(1)and 2
COUNT 36
(Aggravated IdentityTheft Title 18 USC Section 1028Aand 2)
The GrandJury further charges that
164 The allegations contained in paragraphs 1-16 and 18-102 of this Indictmentare reshy
allegedand hereby incorporated byreferenceas if fully set forth herein
16S On or about March tS 2009 in the Northern District of Ohio Western Division
TAREK ELKAFRAWI and KHALED YOUSEF did knowinglyuse without lawful authority a
means of identification of another person duringand in relation to the commission of WireFraud
a violation of Title 18United States Code Section 1343
In violation ofTitle 18United States Code Sections l028A(a)(1) and 2
~~~~2012 1149 4192447104 wloe NEWS
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44
COUNT 37
(Aggravated Identity The~ Title 18 USC Section l028A and 2)
The GrandJury further charges that
166 Theallegations contained in paragraphs 1-16 and 18-] 02 of this Indictment are reshy
alleged and hereby incorporated byreference as if fully set forth herein
167 On or aboutJuly 21 2009 in the Northern District of Ohio Western Division
TAREK ELKAfRAWI and RAMIZAWWAO did knowingly use without lawful authority a
means of identification of anotherperson duringand in relation to the commission of WireFraud
a violation of Title 18United States Code Section 1343
In violation ofTitle 18 UnitedStates Code Sections l028A(a)(1) and 2
cOUNT38
(Aggravated Identity TheftTitle 18 USC Section 1028A and 2)
The Grand Juryfurthercharges that
168Theallegations contained in paragraphs 1-16 and t8-102 of this Indictment are reshy
alleged and hereby incorporated by reference 8S if fully set forth herein
169 On or about July 132009 in the NorthernDistrict ofOhio WesternDivision
TAREK ELKAFRAWIand IAMIL MOHAMMED AWWAD did knowingly use withoutlawful
authority a meansof identification of another person during and in relation to the commission of
Wire Fraud a violation ofTitle 18 United States Code Section 1343
In violation of Title 18 United States CodeSections l028A(a)(1) and 2
11 4l 41 l~44 IUl4 WIUL NIWl
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45
COUNT 39
(Identity Theftt Title 18 USC Sections 1028 and 2)
The Grand Jury further charges that
170 The allegationscontained in paragraphs 1-16 and 18-102 of this Indictment are reshy
alleged and hereby incorporated by reference as if fully set forth herein
171 On or about December132010 in the Northern District orOhio Western Division
TAREKELKAFRAWI and DONNA J HARRIOTTt did knowingly use in or affectinginterstate
or foreigncommerce without lawful authority a means of identification ofanother person to wit
s social securitynumber and date of birth with the intent to commit or to aid or abet or in
connectionwith any unlawful activitythat constitutes Wire Fraud 8 violation of 18USC
sect1343 and the offense involved the useof an authentication feature that is or appears to be an
identification document or authentication feature issued by Or under the authority of the United
States
All in violation ofTitle 1St United States Code Sections 1028(a)() (b)(l )(A)(l) and (f)
and 2
COUNI40
(Identity Theft Title 18USCbull Sections 1028and 2)
TheGrand Juryfurther chargesthat
172The allegationscontained in paragraphs 1-16 and J8middot102 of this Indictment are reo
allegedand hereby incorporated by referenceas if fully set forth herein
173On or about May42010 in the Northern District ofOhio Western Division
TAREK ELKAFRAWI and SARA RINEBOLT did knowingly use in or affecting interstate or
I I
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43
COUNT 35 (AggravatedIdentityTheft Title 18USC Section 1028A and 2)
The Grand Jury further charges that
162The allegations contained in paragraphs I-16 and 18-102 of this Indictment are reshy
alleged and herebyincorporated by reference as jf fully set forth herein
163On or about March 72009 in the NorthernDistrict of Ohio Western Division
TAREK ELKAFRAWI and KHALED YOUSEF did knowinglyuse without lawful authority a
means of identification of another personduringand in relation to the commission of Wire Fraud
a violation of Title 18 United States Code Section 1343
In violationof Title 18 United States Code Sections 1028A(a)(1)and 2
COUNT 36
(Aggravated IdentityTheft Title 18 USC Section 1028Aand 2)
The GrandJury further charges that
164 The allegations contained in paragraphs 1-16 and 18-102 of this Indictmentare reshy
allegedand hereby incorporated byreferenceas if fully set forth herein
16S On or about March tS 2009 in the Northern District of Ohio Western Division
TAREK ELKAFRAWI and KHALED YOUSEF did knowinglyuse without lawful authority a
means of identification of another person duringand in relation to the commission of WireFraud
a violation of Title 18United States Code Section 1343
In violation ofTitle 18United States Code Sections l028A(a)(1) and 2
~~~~2012 1149 4192447104 wloe NEWS
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44
COUNT 37
(Aggravated Identity The~ Title 18 USC Section l028A and 2)
The GrandJury further charges that
166 Theallegations contained in paragraphs 1-16 and 18-] 02 of this Indictment are reshy
alleged and hereby incorporated byreference as if fully set forth herein
167 On or aboutJuly 21 2009 in the Northern District of Ohio Western Division
TAREK ELKAfRAWI and RAMIZAWWAO did knowingly use without lawful authority a
means of identification of anotherperson duringand in relation to the commission of WireFraud
a violation of Title 18United States Code Section 1343
In violation ofTitle 18 UnitedStates Code Sections l028A(a)(1) and 2
cOUNT38
(Aggravated Identity TheftTitle 18 USC Section 1028A and 2)
The Grand Juryfurthercharges that
168Theallegations contained in paragraphs 1-16 and t8-102 of this Indictment are reshy
alleged and hereby incorporated by reference 8S if fully set forth herein
169 On or about July 132009 in the NorthernDistrict ofOhio WesternDivision
TAREK ELKAFRAWIand IAMIL MOHAMMED AWWAD did knowingly use withoutlawful
authority a meansof identification of another person during and in relation to the commission of
Wire Fraud a violation ofTitle 18 United States Code Section 1343
In violation of Title 18 United States CodeSections l028A(a)(1) and 2
11 4l 41 l~44 IUl4 WIUL NIWl
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45
COUNT 39
(Identity Theftt Title 18 USC Sections 1028 and 2)
The Grand Jury further charges that
170 The allegationscontained in paragraphs 1-16 and 18-102 of this Indictment are reshy
alleged and hereby incorporated by reference as if fully set forth herein
171 On or about December132010 in the Northern District orOhio Western Division
TAREKELKAFRAWI and DONNA J HARRIOTTt did knowingly use in or affectinginterstate
or foreigncommerce without lawful authority a means of identification ofanother person to wit
s social securitynumber and date of birth with the intent to commit or to aid or abet or in
connectionwith any unlawful activitythat constitutes Wire Fraud 8 violation of 18USC
sect1343 and the offense involved the useof an authentication feature that is or appears to be an
identification document or authentication feature issued by Or under the authority of the United
States
All in violation ofTitle 1St United States Code Sections 1028(a)() (b)(l )(A)(l) and (f)
and 2
COUNI40
(Identity Theft Title 18USCbull Sections 1028and 2)
TheGrand Juryfurther chargesthat
172The allegationscontained in paragraphs 1-16 and J8middot102 of this Indictment are reo
allegedand hereby incorporated by referenceas if fully set forth herein
173On or about May42010 in the Northern District ofOhio Western Division
TAREK ELKAFRAWI and SARA RINEBOLT did knowingly use in or affecting interstate or
~~~~2012 1149 4192447104 wloe NEWS
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44
COUNT 37
(Aggravated Identity The~ Title 18 USC Section l028A and 2)
The GrandJury further charges that
166 Theallegations contained in paragraphs 1-16 and 18-] 02 of this Indictment are reshy
alleged and hereby incorporated byreference as if fully set forth herein
167 On or aboutJuly 21 2009 in the Northern District of Ohio Western Division
TAREK ELKAfRAWI and RAMIZAWWAO did knowingly use without lawful authority a
means of identification of anotherperson duringand in relation to the commission of WireFraud
a violation of Title 18United States Code Section 1343
In violation ofTitle 18 UnitedStates Code Sections l028A(a)(1) and 2
cOUNT38
(Aggravated Identity TheftTitle 18 USC Section 1028A and 2)
The Grand Juryfurthercharges that
168Theallegations contained in paragraphs 1-16 and t8-102 of this Indictment are reshy
alleged and hereby incorporated by reference 8S if fully set forth herein
169 On or about July 132009 in the NorthernDistrict ofOhio WesternDivision
TAREK ELKAFRAWIand IAMIL MOHAMMED AWWAD did knowingly use withoutlawful
authority a meansof identification of another person during and in relation to the commission of
Wire Fraud a violation ofTitle 18 United States Code Section 1343
In violation of Title 18 United States CodeSections l028A(a)(1) and 2
11 4l 41 l~44 IUl4 WIUL NIWl
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45
COUNT 39
(Identity Theftt Title 18 USC Sections 1028 and 2)
The Grand Jury further charges that
170 The allegationscontained in paragraphs 1-16 and 18-102 of this Indictment are reshy
alleged and hereby incorporated by reference as if fully set forth herein
171 On or about December132010 in the Northern District orOhio Western Division
TAREKELKAFRAWI and DONNA J HARRIOTTt did knowingly use in or affectinginterstate
or foreigncommerce without lawful authority a means of identification ofanother person to wit
s social securitynumber and date of birth with the intent to commit or to aid or abet or in
connectionwith any unlawful activitythat constitutes Wire Fraud 8 violation of 18USC
sect1343 and the offense involved the useof an authentication feature that is or appears to be an
identification document or authentication feature issued by Or under the authority of the United
States
All in violation ofTitle 1St United States Code Sections 1028(a)() (b)(l )(A)(l) and (f)
and 2
COUNI40
(Identity Theft Title 18USCbull Sections 1028and 2)
TheGrand Juryfurther chargesthat
172The allegationscontained in paragraphs 1-16 and J8middot102 of this Indictment are reo
allegedand hereby incorporated by referenceas if fully set forth herein
173On or about May42010 in the Northern District ofOhio Western Division
TAREK ELKAFRAWI and SARA RINEBOLT did knowingly use in or affecting interstate or
11 4l 41 l~44 IUl4 WIUL NIWl
Case 312-cr-00262-DAK Doc 1 Filed 0522112 45 of 65 PagelD 45
45
COUNT 39
(Identity Theftt Title 18 USC Sections 1028 and 2)
The Grand Jury further charges that
170 The allegationscontained in paragraphs 1-16 and 18-102 of this Indictment are reshy
alleged and hereby incorporated by reference as if fully set forth herein
171 On or about December132010 in the Northern District orOhio Western Division
TAREKELKAFRAWI and DONNA J HARRIOTTt did knowingly use in or affectinginterstate
or foreigncommerce without lawful authority a means of identification ofanother person to wit
s social securitynumber and date of birth with the intent to commit or to aid or abet or in
connectionwith any unlawful activitythat constitutes Wire Fraud 8 violation of 18USC
sect1343 and the offense involved the useof an authentication feature that is or appears to be an
identification document or authentication feature issued by Or under the authority of the United
States
All in violation ofTitle 1St United States Code Sections 1028(a)() (b)(l )(A)(l) and (f)
and 2
COUNI40
(Identity Theft Title 18USCbull Sections 1028and 2)
TheGrand Juryfurther chargesthat
172The allegationscontained in paragraphs 1-16 and J8middot102 of this Indictment are reo
allegedand hereby incorporated by referenceas if fully set forth herein
173On or about May42010 in the Northern District ofOhio Western Division
TAREK ELKAFRAWI and SARA RINEBOLT did knowingly use in or affecting interstate or