A Middlesex County man has been charged with participating in a scheme to defraud Williams-Sonoma, Inc. and another logistics company through overbilling for trucking services, according to Acting U.S. Attorney Vikas Khanna.
Jose Pena, 46, from Monroe Township, New Jersey, faces one count of conspiracy to commit wire fraud. He appeared before U.S. Magistrate Judge Jessica S. Allen in Newark federal court.
Court documents indicate that Pena owned a trucking firm subcontracted by a national transportation and logistics company referred to as "Company-1." The firm provided delivery services for Williams-Sonoma in the New Jersey/New York area from their distribution center in Cranbury, New Jersey. From June 2018 to September 2020, Pena allegedly conspired with others at Williams-Sonoma and Company-1 to overbill the companies by more than $3.6 million for services not rendered. In return for their participation, Pena reportedly gave lavish kickbacks including cash, checks, an SUV, and a Rolex watch.
After an internal audit uncovered the fraud and the victim companies ceased contracts with him, Pena concealed his interest in another trucking firm that contracted directly with Williams-Sonoma in September 2021. He continued working with some co-conspirators to overbill until June 2024, causing nearly $1 million more in losses.
Two of Pena’s co-conspirators have pleaded guilty: Raymond DeLeon and Cintia Elaxcar admitted their involvement last month as former employees of Company-1.
Raymond DeLeon, 38, from Ridgefield Park, New Jersey pleaded guilty on January 3 before Judge Zahid N. Quraishi in Trenton federal court. As an operations general manager for Company-1 he received over $200,000 in kickbacks for submitting fraudulent billing requests.
Cintia Elaxcar, 40, from Perth Amboy, New Jersey pleaded guilty on January 15 before Judge Quraishi also admitting her role as a billing and dispatch manager receiving over $435,000 in kickbacks.
The charge of conspiracy to commit wire fraud carries up to twenty years imprisonment along with fines up to $250,000 or twice the gain or loss resulting from the offense.
Acting U.S. Attorney Khanna credited special agents of the United States Secret Service under Special Agent Aaron Hatley’s direction for their investigation efforts.
Assistant U.S. Attorney Joseph Stern represents the government case through Newark's Opioid Abuse Prevention and Enforcement Unit.
All charges are currently accusations; defendants remain presumed innocent unless proven otherwise.
Defense counsel includes Michael Critchley representing Pena; Nicholas Moschella for DeLeon; Maria Noto representing Elaxcar.
