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UNITED STATES OF AMERICA v. PAMELA A. VIVIRITO

No. 15-CR-00059

June 6, 2016 

Second Superseding Indictment Filed

Charge

2 counts Interference with commerce by extortion

5 counts mail fraud to defraud donors of horse rescue

 

Superseding Complaint

 

Indictment

SECOND SUPERSEDING INDICTMENT

COUNT ONE

The grand jury charges:

1. That at all times material to this Second Superseding Indictment Person 1, an
individual known to the grand jury, was engaged in the rental of commercial property and in the
construction industry, in interstate commerce and industries which affect interstate commerce.
2. Beginning in and around May 2012, and continuing to in and around March 2015,
in the Western District of Pennsylvania, the defendant, PAMELA A. VIVIRITO, did unlawfully
obstruct, delay and affect, and attempt to obstruct, delay and affect, commerce as that term is
defined in Title 18, United States Code, Section 1951, and the movement of articles and
commodities in such commerce, by extortion, as that term is defined in Title 18, United States
Code, Section 1951, in that the defendant, PAMELA A. VIVIRITO, did obtain and attempt to
obtain the property of Person 1 with his consent having been induced by defendant PAMELA A.
VIVIRITO’S wrongful use of threats to publicize and expose her sexual affair with Person 1,
which threats caused Person 1 to fear that he, his business, and his wife’s business would sutier
economic harm if such information were to be publicized or exposed.
All in violation of Title 18, United States Code, Section 1951.

COUNT TWO

The grand jury further charges:

3. That at all times material to this Second Superseding Indictment Person 2, an
individual known to the grand jury, was engaged in the manufacturing industry, in interstate
commerce and industries which affect interstate commerce.
4. Beginning in and around December 2010, and continuing to in and around May
2012, in the Western District of Pennsylvania, the defendant, PAMELA A. VIVIRITO, did
unlawfully obstruct, delay and affect, and attempt to obstruct, delay and affect, commerce as that
term is defined in Title 18, United States Code, Section 1951, and the movement of articles and
commodities in such commerce, by extortion, as that term is defined in Title 18, United States
Code, Section 1951, in that the defendant, PAMELA A. VIVIRITO, did obtain and attempt to
obtain the property of Person 2 with his consent having been induced by defendant PAMELA A.
VIVIRITO’S wrongful use of threats to publicize and expose her sexual affair with Person 2,
which threats caused Person 2 to fear that he and his business would suffer economic harm if
such information were to be publicized or exposed.

All in violation of Title 18, United States Code, Section 1951.[irp]

COUNTS THREE THROUGH SEVEN
The grand jury further charges:
5. At all times material to this Second Superseding Indictment, Equine Angels
Rescue (EAR) was registered with the Internal Revenue Service as a not-for-profit charity under
Section 501(c)(3) of the Internal Revenue Code with the stated purpose of rescue, rehabilitation
and adoption of neglected horses.
6. At all times material to these counts, the defendant, PAMELA A. VIVIRITO, was
the president ofEAR.
7. At all times material to these counts, the operations of EAR were funded through
donations of services, goods, money and through payments for horse boarding services.
The Scheme and Artifice
8. From in and around January 2011, and continuing thereafter to in and around
December 2014, in the Western District of Pennsylvania and elsewhere, the defendant,
PAMELA A. VIVIRITO, devised and intended to devise a scheme and artifice to defraud and for
obtaining money by means of false and fraudulent pretenses, representations and promises, well
knowing at the time the pretenses, representations and promises were false and fraudulent when
made.
9. It was part of the scheme and artifice to defraud that the defendant, PAMELA A.
VIVIRITO, falsely and fraudulently solicited goods, services and moneys for the use and benefit
of EAR.
10. It was further part of the scheme and artifice that the defendant, PAMELA A.
VIVIRITO, used the funds solicited for EAR for her personal use, and not for the use of EAR.

11. It was further a part of the scheme that the defendant, PAMELA A. VIVIRITO,
caused false and fraudulent IRS Forms 990 Return of an Organization Exempt from Income Tax,
to be filed on behalf of EAR that concealed her personal use of EAR donations.

 

The Mailings

12. On or about the dates set for the below, in the Western District of Pennsylvania,
the defendant, for the purposes of executing the aforesaid scheme and artifice to defraud, or in
attempting to do so, did take or receive, and caused to be taken or received, from an authorized
depository for mail matter, the following mailings, each such mailing being a separate count of
this Second Superseding Indictment:

SENDER MAIL MATTER RECEIVER DATE

3 JB Check 394 Equine Angels Rescue, Inc. 11127/2011
Bay Shore, NY in the amount of c/o Pamela Vivirito
$1,200 13 5 Durango Lane
Cabot, PA 16023

4 DC Check 1062 Equine Angels Rescue, Inc. 3/28/2013
Seaford, DE in the amount of c/o Pamela Vivirito
$2,200 13 5 Durango Lane
Cabot, PA 16023

5 LH Check 19637 Equine Angels Rescue, Inc. 4/23/2013
Saratoga Spring, NY in the amount of c/o Pamela Vivirito
$2,800 13 5 Durango Lane,
Cabot, PA 16023

6 JH Check 1170458 Equine Angels Rescue, Inc. 5/14/2013
Franklin, PA in the amount of c/o Pamela Vivirito
$10,000 13 5 Durango Lane
Cabot, PA 16023

7 JB Check 575 Equine Angels Rescue, Inc. 10/08/2013
Bay Shore, NY in the amount of c/o Pamela Vivirito
$2,500 13 5 Durango Lane
Cabot, PA 16023

All in violation of Title 18, United States Code, Section 1341.

 

April 10, 2017

No. 17-102

Charge

Filed false, fraudulent non-profit Tax return to IRS for the amount of $46,877 when real amount received by Equine Angels Rescue was $93,606

April 13, 2017

Pamela Vivirito Pleaded Guilty to Mail Fraud and Tax Fraud related to the non-profit horse rescue Equine Angels Rescue

Sentencing date July 2017

Motion for extension of time granted

 

November 2017

Sentence

5 months prison – Released from Prison on May 11, 2018

Three-years supervised release

$20,000 in restitution for her conviction of mail fraud and false tax return related to her horse rescue Equine Angels Rescue

 


 

Pennsylvania Horse Rescue Operator Indicted for Extortion

Equine Angels Rescue Founder Charged with Two Counts of Extortion

PA Horse Rescue Operator Indicted for Fraud

Equine Angels Horse Rescue Founder Guilty of Federal Fraud