Opinion
Docket Number: 09-00788-001 PACTS Number: 56251
11-19-2012
USA v. Scott Riker
Assistant U.S. Attorney: Lorraine Gerson Defense Attorney: James S. Friedman, Esq.
Petition for Warrant or Summons for Offender Under Supervision
Name of Offender: Scott Riker Name of Sentencing Judicial Officer: HONORABLE STANLEY R. CHESLER
UNITED STATES DISTRICT JUDGE
Date of Original Sentence: 05/03/10 Original Offense: Frauds and Swindles - Mail Fraud Original Sentence: 30 months imprisonment; 3 years supervised release; $100 special assessment. Type of Supervision: Supervised Release Date Supervision Commenced: 08/26/12 Assistant U.S. Attorney: Lorraine Gerson Defense Attorney: James S. Friedman, Esq.
PETITIONING THE COURT
[ ] To issue a warrant
[X] To issue a summons
The probation officer believes that the offender has violated the following condition(s) of supervision:
+-------------------------------------------------------------------------------------------------+ ¦Violation Number ¦Nature of Noncompliance ¦ +------------------+------------------------------------------------------------------------------¦ ¦ ¦The offender has violated the special supervision condition which states ¦ ¦ ¦'As a ¦ ¦ ¦ ¦ ¦ ¦further special condition of supervised release, the defendant is to refrain ¦ ¦ ¦ ¦ ¦ ¦from holding any employment which includes any type of direct money ¦ ¦ ¦ ¦ ¦ ¦management, or accounting-related responsibilities, supervised or ¦ ¦ ¦ ¦ ¦ ¦otherwise, during the term of supervised release. ¦ ¦ ¦ ¦ ¦ ¦From September 17, 2012, to September 19, 2012, Riker was employed as an ¦ ¦ ¦ ¦ ¦1 ¦assistant controller at Ronpak, Inc., a company located at 4301 New Brunswick ¦ ¦ ¦ ¦ ¦ ¦Avenue, South Plainfield, New Jersey. As verified by Suzanne Opacity, the ¦ ¦ ¦ ¦ ¦ ¦human resources personnel specialist at the company, Riker had "..access to ¦ ¦ ¦ ¦ ¦ ¦[their] banking information and check images in the course of account ¦ ¦ ¦ ¦ ¦ ¦reconciliation..." As a result, Riker had "...the opportunity to steal or ¦ ¦ ¦embezzle ¦ ¦ ¦ ¦ ¦ ¦funds..." Opacity added that they have not found any discrepancies, but are ¦ ¦ ¦ ¦ ¦ ¦"closely monitoring [their] bank transactions." ¦ +-------------------------------------------------------------------------------------------------+
+---------------------------------------------------------------------------------+ ¦ ¦Riker was fired when the company received the results of his criminal ¦ ¦ ¦ ¦ ¦ ¦background. It is noted that when questioned by company officials, prior to ¦ ¦ ¦ ¦ ¦ ¦receiving the background check, Riker claimed to have only a traffic violation.¦ +-+-------------------------------------------------------------------------------¦ ¦ ¦The offender has violated the standard supervision condition which states ¦ ¦ ¦'You ¦ ¦ ¦ ¦ ¦ ¦shall answer truthfully all inquiries by the probation officer and follow the ¦ ¦ ¦ ¦ ¦ ¦instructions of the probation officer.' ¦ ¦ ¦ ¦ ¦ ¦Riker repeatedly lied to the probation officer regarding the position he held ¦ ¦ ¦at ¦ ¦ ¦ ¦ ¦ ¦Ronpak, Inc. Specifically, in several email exchanges, Riker claimed that he ¦ ¦ ¦was ¦ ¦ ¦ ¦ ¦ ¦hired as an "Inventory Plant Specialist" for which he provided a job ¦ ¦ ¦description. ¦ ¦ ¦ ¦ ¦ ¦In an email dated September 19, 2012, in which Riker discusses the termination ¦ ¦2¦ ¦ ¦ ¦from Ronpak, Inc., he states "Well I lost the job today, they did a background ¦ ¦ ¦ ¦ ¦ ¦check and 1 was 100% honest and they said they based on my past I could not ¦ ¦ ¦ ¦ ¦ ¦work there. I said I have changed my life and did the time and I am not ¦ ¦ ¦handling ¦ ¦ ¦ ¦ ¦ ¦money or any accounting functions they said it did not matter. I was let go at ¦ ¦ ¦4:30 ¦ ¦ ¦ ¦ ¦ ¦today." ¦ ¦ ¦ ¦ ¦ ¦In fact, on September 10, 2012, Riker executed his signature on an acceptance ¦ ¦ ¦ ¦ ¦ ¦letter for the assistant controller position. When confronted with this, Riker ¦ ¦ ¦ ¦ ¦ ¦stated that he "did not read the acceptance letter." ¦ +-+-------------------------------------------------------------------------------¦ ¦ ¦The offender has violated the standard supervision condition which ¦ ¦ ¦states 'You ¦ ¦ ¦ ¦ ¦ ¦shall answer truthfully all inquiries by the probation officer and follow the ¦ ¦ ¦ ¦ ¦ ¦instructions of the probation officer.' ¦ ¦ ¦ ¦ ¦ ¦At the initial meeting with the probation officer on August 16, 2012, and again¦ ¦ ¦ ¦ ¦ ¦on October 9, 2012, the offender was directed to include only accurate ¦ ¦ ¦ ¦ ¦ ¦information regarding his employment and educational history on his resume and ¦ ¦ ¦ ¦ ¦ ¦professional network websites such as Linkedln. Despite this direction, the ¦ ¦3¦ ¦ ¦ ¦offender continues to maintain fabricated information regarding his employment ¦ ¦ ¦ ¦ ¦ ¦history on his resume. Specifically, on such websites as scottfriker.net, ¦ ¦ ¦ ¦ ¦ ¦scottfriker.com, aboutscottfriker.com and others, Riker claims that he is a ¦ ¦ ¦ ¦ ¦ ¦graduate of Seton Hall University and that he worked for DDB Contractors in ¦ ¦ ¦ ¦ ¦ ¦Newton, New Jersey. In fact, Riker admitted that he never attended and/or ¦ ¦ ¦ ¦ ¦ ¦graduated from Seton Hall University. Further, the owner of the now defunct ¦ ¦ ¦ ¦ ¦ ¦company is owned by an individual under our supervision, who confirmed that ¦ ¦ ¦ ¦ ¦ ¦Riker never worked for him. ¦ +---------------------------------------------------------------------------------+
+---------------------------------------------------------------------------------+ ¦ ¦The offender has violated the special supervision condition which states 'You ¦ ¦ ¦ ¦ ¦ ¦are prohibited from incurring any new credit charges, opening additional ¦ ¦ ¦ ¦ ¦ ¦lines of credit, or incurring any new monetary loan, obligation, or debt, by ¦ ¦ ¦ ¦ ¦ ¦whatever name known, without the approval of the U.S. Probation Office. ¦ ¦ ¦ ¦ ¦ ¦You shall not encumber or liquidate interest in any assets unless it is in ¦ ¦ ¦ ¦ ¦ ¦direct service of the fine and/or restitution obligation or otherwise has the ¦ ¦4¦ ¦ ¦ ¦expressed approval of the Court.' ¦ ¦ ¦ ¦ ¦ ¦According to a credit report obtained on October 9, 2012, Riker established an ¦ ¦ ¦ ¦ ¦ ¦individual Chase credit card account in June 2012 (while still at the halfway ¦ ¦ ¦ ¦ ¦ ¦house). As confirmed by a statement with a closing date of September 17, 2012, ¦ ¦ ¦ ¦ ¦ ¦Riker made purchases totaling $1,086.97 between August 22, 2012, and ¦ ¦ ¦ ¦ ¦ ¦September 13, 2012. ¦ +---------------------------------------------------------------------------------+
I declare under penalty of perjury that the foregoing is true and correct.
By: Denise Morales
U.S. Probation Officer
THE COURT ORDERS: [ ] The Issuance of a Warrant
[×] The Issuance of a Summons. Date of Hearing: _______________
[ ] No Action
[ ] Other
_______________
Signature of Judicial Officer