United States v. Elder

• Decision Date: 09 February 2023
• Docket Number: 18-CR-00092 (WFK)
• Parties: UNITED STATES OF AMERICA, v. Ppassim Elder, Defendant,
• Court: U.S. District Court — Eastern District of New York

UNITED STATES OF AMERICA,
v.
Ppassim Elder, Defendant,

No. 18-CR-00092 (WFK)

United States District Court, E.D. New York

February 9, 2023

MEMORANDUM & ORDER

WILLIAM F. KUNTZ, II, UNITED STATES DISTRICT JUDGE

On March 12, 2020, the United States of America filed a fourteen-count Superseding Indictment (the “Indictment”) in this action. See ECF No. 230. Beginning on September 20,2021, this Court presided over the jury trial of Ppassim Elder (“Defendant”) and Wilbert Bryant (“coDefendant”). On October 1, 2021, the jury found Ppassim Elder guilty at to Counts One through Thirteen, and Wilbert Bryant guilty as to Counts Two, Seven, Eight, Nine, and Ten. The jury acquitted Defendant Elder on Count Fourteen. On November 9, 2022, this Court vacated the convictions for Counts Nine and Ten as to Defendants Elder and Bryant. For the reasons discussed below, Defendant is hereby sentenced to a term of life incarceration, restitution in an amount to be determined, forfeiture in the amount of $330,561.36, and a $1,100 mandatory special assessment.

I. Charges and Conviction

On October 1, 2021, Defendants Ppassim Elder and Wilbert Bryant were convicted by a jury, which found beyond a reasonable doubt these two defendants guilty of (1) committing physical violence in furtherance of extortion and extortion conspiracy against Mahmoud and Hani Kasem, in violation of 18 U.S.C. § 1951(a) (Counts Seven and Eight); (2) using, brandishing, discharging and causing the death of Flani Kasem through the use of a firearm, in violation of 18 U.S.C. §§ 924(c)(1)(A)(i)-(iii) and 924(j)(I) (Counts Nine and Ten); and (3) conspiring to commit bank fraud, in violation of 18 U.S.C. § 1349 (Count Two). The jury also found Elder guilty of bank fraud conspiracy, in violation of 18 U.S.C. § 1349 (Counts One, Three, and Five); committing physical violence in furtherance of an extortion against Mohammed and Ibrahim Rabah, in violation of 18 U.S.C. § 1951(a) (Count Four); access device fraud, in violation of 18 U.S.C. §§ 1029(a)(1) and 1029(c)(1)(A)(i)

1

(Count Six); conspiring to make false statements and making false statements, in violation of 18 U.S.C. §§ 371 and 100(a)(2) (Counts Eleven and Twelve); and aggravated identity theft, in violation of 18 U.S.C. § 1028a (Count Thirteen). The jury acquitted Elder on the charge of obstruction of justice (Count Fourteen).

On May 20, 2021, Elder filed a pretrial motion requesting, among other things, dismissal of Counts Nine and Ten of the Indictment, based on the crime charged in Count Eight. ECF No. 275. Specifically, Count Eight charges Defendant Elder and co-Defendant Bryant with knowingly and intentionally threatening to commit and committing physical violence against Mahmoud and Hani Kasem in furtherance of a plan to commit extortion, in violation of 18 U.S.C. § 1951(a). Counts Nine and Ten of the Superseding Indictment relate to the same conduct giving rise to Count Eight. Specifically, Count Nine charged co-Defendants Elder and Bryant with knowingly and intentionally using and carrying a firearm during and in relation to a crime of violence and possessing, brandishing, and discharging that firearm in furtherance of the crime, in violation of 18 U.S.C. §§ 924(c)(1)(A)(i)-(iii), and Count Ten charged Defendants with committing murder during that crime of violence in violation of 18 U.S.C. § 924(i)(1).

On August 25, 2021, the Court denied the motion at ECF No. 275. See ECF No. 316. However, on October 2, 2022, and October 12, 2022, Defendant Elder and co-Defendant Bryant filed motions for reconsideration of the Court's decision denying the motion. ECF Nos. 420, 424. On November 9, 2022, in light of the United States Supreme Court's decision in United States v. Taylor, 142 S.Ct. 2015 (2022) and the Second Circuit's decision in United States v. Chappelle, 41 F.4th 102 (2d Cir. 2022), and on consent of the parties-including the United States through the office of the U.S. Attorney-this Court granted the Defendants' motions and vacated coDefendants Elder and Bryant's convictions as to Counts Nine and Ten. ECF. No. 435.

2

This Court hereby sentences Defendant and sets forth its reasons for Defendant's sentence using the rubric of the 18 U.S.C. § 3553(a) factors pursuant to 18 U.S.C. § 3553(c)(2).

IL Discussion

a. Background

The Federal Bureau of Investigation (“FBI”) led the investigation into the instant offenses. The FBI's investigation revealed the assorted criminal conduct of Defendant Ppassim Elder, which included fraud and extortion schemes, as well as various acts of intimidation and violence.

i. Fraud Schemes

Since at least 2012, Defendant had recruited individuals to commit various acts of bank fraud. These individuals, including Defendant's co-Defendants and others, had-at the Defendant's direction-opened bank accounts in their names and gave account information to Defendant for his personal use. Presentence Investigation Report (“PSR”) at¶ ¶ 17-24, ECF No. 429. These accounts were then used to commit various frauds totaling a loss amount of $387,660.35. Id. at¶24.

The fraudulent schemes proceeded as follows: Elder and his co-conspirator criminals convinced individuals from across this great nation to deposit money into newly opened accounts listed in Defendant's co-conspirators' names. Id. at¶ 18. These persons deposited these funds in exchange for goods or services promised but never provided. Id. at ¶ 18. The co-conspirator named on the account then withdrew the deposited funds in cash and delivered them to Defendant. Id. at ¶ 18. Defendant, in turn, distributed a small percentage of his money to his co-conspirator as payment. Id. at¶ 18.

3

From approximately May 2012 to November 2015, Defendant Zarieh opened accounts under his own name at JP Morgan Chase, Bank of America, and People's United Bank for Elder's use. Id. at ¶ 19. Between October 2014 and February 2015, Defendant Abdu opened numerous accounts in his own name, including at Bank of America, Citibank, and JP Morgan Chase, for Elder's use. Id. at ¶ 19. These defendants used these accounts to commit numerous frauds, totaling in a loss amount of $61,700. Id. at¶ 19.

Between July 2012 and August 2012, Bryant opened an account at TD Bank in his name for Defendant's use. Id. at ¶ 20. Bryant used this account to commit fraud against one individual, totaling an additional loss amount of $32,000. Id. at ¶ 20.

In approximately December 2015, Defendant Mohammed Rabah opened an account at TD Bank in his name for Defendant's use. Id. at ¶ 21. Rabah used this account to commit fraud against one individual, totaling a loss amount of $31,700. Id. at ¶ 21. Defendant Rabah convinced this individual to deposit funds in exchange for a classic car, which, of course, was never delivered. Id. at¶21.

Between approximately September 2016 and May 2017, Defendant Mahdi Abdel-Rahim opened accounts in the name of a company called Sajahtera, Inc., of which Abdel-Rahim was the owner of record, for Defendant's use. Id. at ¶ 22. This account was used to commit fraud against one individual, totaling in a loss amount of $212,386.35. Id. at ¶ 22. More specifically, in November 2016, this individual deposited this amount into one of the Sajahtera accounts, believing he was purchasing two real estate properties in Statesboro, Georgia. Id. at ¶ 11. Abdel-Rahim then withdrew large amounts of this money and distributed it to Defendant at the direction of the Defendant. Id. at ¶ 22.

4

Justin Woods, an acquaintance of Ahmad Zahrieh, opened an account at TD Bank in his name for Defendant's use in 2013. Id. at ¶ 23. This account was used to commit fraud against two individuals, totaling in a loss amount of $49,874. Id. at¶ 23.

ii. Extortion of Mohammed Rabah and Ibrahim Rabah

Elder's extortion of Mohammed Rabah and Ibrahim Rabah originated in January 2016, after Mohammed Rabah stole approximately $25,000 from the proceeds of a bank fraud he committed with the Defendant. Id. at ¶ 25. As part of Elder's scheme to defraud, on January 24, 2016, an individual deposited $31,700 into Mohammed Rabah's account believing he was purchasing a classic car. Id. at ¶ 25. Rabah, together with another individual, then withdrew $25,000 of these funds for their personal use without prior informing Defendant or gaining Defendant's permission. Id. at¶ 25. Defendant subsequently confronted Rabah, and when Rabah refused to return these funds, Defendant, together with others, went to Rabah's house to collect these funds. Id. at ¶ 26.

Rabah was not home when Defendant and his accomplices arrived, but Rabah's brother, Ibrahim Rabah, was, and he answered the door to find Elder. Id. at ¶ 26. When Ibrahim Rabah told Defendant that Mohammed Rabah was not home, Defendant responded that he wanted to “leave a message” for Mohammed Rabah and then proceeded to punch Ibrahim Rabah in the nose. Id. at ¶ 26. Defendant then continued to assault Ibrahim Rabah by punching him in the body and attempting to drag Ibrahim Rabah from his home. Id. at ¶ 26. Later that evening, Defendant, his wife Fatimah Najjar-a cousin of Ibrahim Rabah's wife-and their baby daughter, returned to the Rabah home to discuss the incident. Id. at ¶ 27. Defendant and his wife requested the police not be notified. Id. at ¶ 27.

5

Defendant continued to demand payment of the money Mohammed Rabah allegedly stole and repeatedly called the store where Ibrahim Rabah to intimidate him. Id. at ¶ 27. Eventually, the Rabah family paid Elder. Id. at ¶ 27.

iii. Extortion of Mahmoud Kasem and Hani Kasem

Mahmoud Kasem ran a business with his father, Hani Kasem, called Garden Valley Distributors, which supplied local delis and bodegas. Id. at ¶ 28. In the fall of 2016, Mahmoud Kasem wanted to expand the business but was unable to secure funding from his bank. Id. at ¶ 28. Defendant approached Mahmoud Kasem and offered to meet him at the Garden Valley store in Ozone...