Houston man sentenced to 5 years in prison for fraud scheme
HOUSTON — A local man was sentenced Friday to five years in federal prison for a wire fraud scheme which deceived a United Kingdom-based company into sending him $357,000.
This sentence was announced by U.S. Attorney Kenneth Magidson, Southern District of Texas. This investigation was conducted by U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI).
Avery Lamarr Ayers, 48, was sentenced to the statutory maximum of 60 months in federal prison by U.S. District Judge Gray Miller; he must also serve three years of supervised release. A restitution order was imposed in the amount of $357,000. At the hearing, Judge Miller also found Ayers to be a leader/organizer in the conspiracy. Ayers pleaded guilty June 18 to one count of conspiracy to commit wire fraud.
“What must have seemed like an easy and risk-free way to scam a company of hundreds of thousands of dollars turned out to be anything but for this cyber fraudster,” said Brian M. Moskowitz, special agent in charge of HSI Houston. “This case is a good reminder for businesses and individuals that online transactions can pose significant risks when criminals are on other side of the deal.”
From about Nov. 21, 2014, through March 9, Ayers deceived an oil and gas company into sending him thousands of dollars for a purported contractual agreement. Ayers and others claimed to be the legitimate company that was owed the funds and illegally caused the company to wire $357,000 to Ayers via a Comerica account in Houston. The scheme involved using deceptive email accounts and fabricated or illegitimate invoices for payment on services rendered by the legitimate company.
On Jan. 20, Ayers registered a “dummy” company doing business as Minas & Hidrocarboneto in the Harris County Clerk’s Office. That same day, Ayers also opened a Comerica Bank account in the name of Avery L. Ayers doing business as Minas & Hidrocarbonetos GB SARL.
On or about Jan. 21, co-conspirators circulated a fraudulent invoice to the oil and gas company via email requesting payment in the amount of $357,000 on services rendered by Minas & Hidrocarbonetos. Two days later, a wire in the amount of $356,975 ($357,000 before wire fees) was credited to Ayers’ Comerica Bank account. After receiving the funds, Ayers arrived at the bank and conducted several transactions from the account to include the purchase of multiple cashier’s checks, the withdrawal of nearly $10,000 in cash and the transfer of $50,000 to another account.
Ayers had provided the bank with a fictitious letter purportedly from the company stating, “these funds will be used at your discretion to establish a small office, moving & research expenses and pay outs to families in Texas & Louisiana with gas & oil rights on their property.” The bank soon suspected the wire was fraudulent and attempted to take action. The wire could not be recalled and Comerica requested Ayers return the funds, to which he refused. He then tried to withdraw the rest of the funds, but due to the fraud alert, the bank was able to freeze the funds.
Ayers is currently in state custody on unrelated charges. He will remain there pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
Assistant U.S. Attorney Suzanne Elmilady, Southern District of Texas, prosecuted this case.
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