DOJ: Friday, April 26, 2024
Feds 'Finally Unravel' The $68M+ Williams
Sonoma Internal Fraud Case Against Former VP Facilities & Real Estate
This VP had it all going down - From fake
accounts-contracts & shell companies to kickbacks & rebate frauds. He was a busy
criminal.
CFO Of Two New Jersey Companies Charged With Participating In
Multi-Million-Dollar Kickback Scheme To Defraud Williams Sonoma, Inc.
Superseding Indictment Alleges Domenick
Nardone Helped Arrange Millions of Dollars in Kickbacks to a Former Williams
Sonoma Executive to Obtain Lucrative Contracts for His Businesses
OAKLAND
– Domenick Nardone appeared in federal court in Oakland last week to face
conspiracy, wire fraud, money laundering, and related charges for his alleged
role in a kickback scheme that defrauded Williams Sonoma, Inc. (WSI) of millions
of dollars./
According
to a superseding indictment returned by a federal grand jury on March 12, 2024,
Nardone, 66, of Port St. Lucie, Florida, conspired with others to pay
millions of dollars in kickbacks to Eric Marsiglia, a former WSI executive and
co-defendant in the case, to ensure Marsiglia would direct additional
business to two New Jersey companies controlled in part by Nardone as Chief
Financial Officer and minority owner. Nardone was arrested in Florida on March
29, 2024, and made an appearance in federal court there shortly thereafter. He
was released on a $250,000 bond.
As alleged in the superseding indictment, Marsiglia was WSI’s Vice President
of Engineering, Projects, Planning, Facilities, and Real Estate, and, as
such, was responsible for identifying commercial real estate opportunities for
the company. In his position, Marsiglia allegedly solicited and received
millions of dollars from the two New Jersey companies—one a forklift
company, the other a warehouse racking and logistics company—in part owned
and controlled by Nardone and Michael Podhurst, a Vice President at the two
companies who was also charged for his role in the offense and
pleaded guilty in June 2023. In exchange, Marsiglia allegedly directed
contracts for WSI’s business to those companies. The superseding indictment
alleges that,
from
2018 to 2020, WSI awarded companies connected to Nardone and/or Podhurst more
than $48 million in contracts for work done at
warehouses around the country and that Marsiglia, Nardone, and Podhurst arranged
for more than $12 million in kickbacks to be paid
to Marsiglia’s shell company, REM Group LLC, which Marsiglia allegedly
set up for the sole purpose of receiving and hiding
kickback payments.
The superseding indictment also alleges that Marsiglia engaged in a second
scheme to defraud WSI. In his role at WSI, Marsiglia was responsible for
negotiating real estate contracts on behalf of WSI that required third parties
to pay millions of dollars in brokerage fee rebates to WSI. According to the
superseding indictment, rather than ensure that WSI received the brokerage fee
rebates, Marsiglia conspired with others to have the rebates paid to his
shell company, REM Group LLC. The superseding indictment charges Marsiglia
and others with diverting and misappropriating
approximately $5.9 million in broker commission rebates owed to WSI.
In total, the superseding indictment alleges that, from 2018–2022, Marsiglia
fraudulently received nearly $20 million through
his shell company, REM Group LLC, all of which was in the form of stolen
broker rebate payments or kickbacks received for awarding business to entities
connected to Nardone and/or Podhurst.
Marsiglia, 49, of Olive Branch, Mississippi, first appeared on the superseding
indictment in federal court in San Francisco on April 23, 2024, although he had
previously appeared in federal court in both Mississippi and San Francisco on an
indictment issued in April 2023. Both Marsiglia and Nardone are next
scheduled to appear in federal court in San Francisco on June 11, 2024, before
the Honorable Richard Seeborg, Chief United States District Judge. The
defendants have each pleaded not guilty to the charges against them.
An indictment merely alleges that crimes have been committed, and each defendant
is presumed innocent until proven guilty beyond a reasonable doubt. If
convicted, Nardone and Marsiglia each face a maximum sentence of 20 years in
prison, and a fine of $250,000, plus restitution, if appropriate, for each
violation of 18 U.S.C. §§ 1343, 1346, and 1349, as well as a maximum sentence of
20 years in prison, and a fine of $500,000, plus restitution, if appropriate,
for each violation of 18 U.S.C. § 1956(h). The court also may order an
additional term of supervised release to begin after any prison term as part of
the sentence for either or both defendants. However, any sentence following
conviction would be imposed by the court after consideration of the U.S.
Sentencing Guidelines and the federal statute governing the imposition of a
sentence, 18 U.S.C. § 3553.
justice.gov
Previous coverage of the
Williams Sonoma internal fraud case
April 18, 2023 -
Ex-Williams Sonoma, Inc. Exec Charged With Three Others In Alleged Multi-Million
Dollar Fraud Schemes
May 31, 2023 -
Southern California man pleads guilty to kickback scheme to defraud Williams
Sonoma
February 29, 2024 -
Florida Man Pleads Guilty To Kickback Scheme To Defraud Williams Sonoma
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