ROCHESTER, N.Y.- Acting U.S. Attorney James P. Kennedy, Jr. announced today that Robert Lee Fisher; Bryan Day; Jason Haynes; Kyle Haynes; and David Haynes, all of Daytona Beach, Florida, were charged by criminal complaint with mail and wire fraud, conspiracy to commit mail and wire fraud, and money laundering conspiracy in connection with a scheme to defraud Xerox. The charges carry a maximum penalty of 20 years in prison and a $250,000 fine.
Assistant U.S. Attorney Richard A. Resnick, who is handling the case, stated that according to the complaint, Fisher owned RBM Imaging, Inc., which was an authorized reseller of the Xerox Corporation’s office equipment. The other defendants own Haynes Brothers Furniture in Volusia County, Florida, and two sham companies, HDH Graphics LLC (“HDH") and Aldar Securities (“Aldar"), which were used to defraud Xerox Company in Webster, New York.
Under Fisher’s contract with Xerox, purchasers of Xerox printers would order Xerox consumables, consisting primarily of toner, to use in their printers. The purchasers, rather than pay Xerox for the toner, would pay Xerox based on the number of prints made with the toner. At all times, the toner belonged to Xerox until consumed by the purchasers. At no time could the purchasers sell the toner.
Between 2008 through 2013, Fisher, as an authorized reseller of Xerox printers, sold more than 60 printers to the sham companies, HDH Graphics and Aldar Securities. The Haynes and Day, using the sham companies, and with the assistance of Fisher, over ordered approximately $25,000,000 worth of the toner from Xerox, which they never used to make prints or for legitimate business purposes. To justify the large orders of toner, the Haynes’s and Day falsely reported to Xerox that their companies made 61,174,896 prints during the scheme, when in fact, their companies made few, if any, prints with their Xerox printers.
The Haynes’s and Day then illegally sold the toner to a Miami, Florida individual for approximately $9,400,000. The defendants split the proceeds from the illegal sale of the toner.
The defendant will make an initial appearance on Aug. 11, 2017, before U.S. Magistrate Judge Jonathan W. Feldman.
Today’s plea is the result of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Acting Special Agent-in-Charge Kevin Kelly; and the Internal Revenue Service, Criminal Investigation Division, under the direction of James D. Robnett, Special Agent-in-Charge, New York Field Office.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Source: U.S. Department of Justice, Office of the United States Attorneys
