Got this email from Allen yesterday:
(Feel free to PM me with email if you want it Forwarded)
Hello Everyone,
For our non-English speaking friends, please use Google Translate.
Just a reminder: I do not work for the U.S. government.
If you know other people who lost some, part or all of their investment with GAW, you have my permission to forward this email to them.
Some of you have already received notification from the FBI/DOJ Victims Notification System (VNS) on how to submit your testimony about the adverse effect this fraud has had on you, many have not received the notification. This is why I am sending out this email.
The time has arrived when GAW Miners’ victims have the chance to tell their personal story to the sentencing judge, occurring on January 5th, 2018, when Josh Garza will be sentenced to prison.
Over 300 of you have not been contacted by the DOJ/FBI Victims’ Advocates. There was not enough time to receive country-specific permission for every country. Now, you can contact them directly, regardless of the country in which you live, but you will have to provide the following information when you contact them:
Your real, full name;
Your telephone number;
Your physical address and country, and;
A valid, frequently used email address.
I cannot stress enough how important it is for each victim to explain to the judge how the GAW Miners fraud adversely affected each victim. For some of you, the damage was minimal, but for many of you it was very damaging. I know this, because many of you emailed me, over the past 2 years, explaining just how bad it was for you.
Your email must be sent to both coordinates identified. Please write “professionally.” Keep your explanation limited to how this fraud has damaged you, from your financial losses. Keep your email brief, concise and to the point, as much as possible.
You can write the email in your own language. Do not worry about having to translate it into English, any language will be fine.
Do not delay. Start your email as soon as possible, allowing the judge to be able to read your email prior to the court date.
Best regards,
Allen
(Your Email Format)
Ines Cenatiempo
United States Attorney’s Office
District of Connecticut
Connecticut Financial Center
157 Church St. 25th Floor
New Haven, CT 06510
Victim Full Name: (Your FULL Name Here)
USAO Number: 2015R00123
Court Docket Number: 17-CR-00158
The Honorable Judge Robert Chatigny,
(Insert your story here)
(End with your full)
(Include your email address after your name)
Send your email to “both” of the following email addresses, to ensure both the DOJ and FBI receive copies of the emails:
Cenatiempo, Ines (USACT)
Ines.Cenatiempo@usdoj.govMark Munster (FBI – New Haven)
memunster@fbi.gov You may contact the DOJ/FBI Victim Advocate directly at the following coordinates. She can answer any specific questions you may have about the process:
Ines D. Cenatiempo
Victim Assistance Specialist
United States Attorney’s Office
District of Connecticut
(o) 203-821-3757
Attached below are the latest updates from the DOJ/FBI, which I have condensed somewhat.
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August 18, 2017
U.S. Department of Justice
District of Connecticut
Connecticut Financial Center
157 Church St. 25 Fl
New Haven, CT 06510
Phone: (203) 821-3700
Re:
United States v. Defendant(s) Homero Joshua Garza
Case Number 2015R00123 and Court Docket Number 17-CR-00158
The enclosed information is provided by the United States Department of Justice Victim Notification System (VNS). As a victim witness professional, my role is to assist you with information and services during the prosecution of this case. I am contacting you because you were identified by law enforcement as a victim or potential victim during the investigation of the above criminal case.
The sentencing hearing for defendant(s), Homero Joshua Garza, has been set for January 5, 2018, 10:00 AM at North Courtroom, 450 Main St., Hartford, CT before Judge Robert Chatigny. You are welcome to attend this proceeding; however, unless you have received a subpoena, your attendance is not required by the Court. If you plan on attending, you may want to verify the date and time by using the VNS Call Center or website. If you are a victim of the charged offense(s) and wish to speak at sentencing, please call our office well in advance of the scheduled hearing date. This is a change from the previous sentencing date of October 12, 2017.
A United States Probation Officer prepares a report for the Court and may contact you to discuss the impact the crime had on you financially, physically, and/or emotionally. If you are contacted, please make every effort to provide accurate and detailed information.
Because of the Court's schedule, hearing dates could change on very short notice. If you plan on attending, you may want to call the VNS Call Center or check the website to confirm the date and time. Please note, there is a 24-hour delay in information transfer to the website.
Sincerely,
Deirdre M. Daly
United States Attorney
Ines Cenatiempo
Victim Witness Program Manager
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July 18, 2017
U.S. Department of Justice
District of Connecticut
Connecticut Financial Center
157 Church St. 25 Fl
New Haven, CT 06510
Phone: (203) 821-3700
Fax: (203) 773-5376
Re:
United States v. Defendant(s) Homero Joshua Garza
Case Number 2015R00123 and Court Docket Number 17-CR-00158
The enclosed information is provided by the United States Department of Justice Victim Notification System (VNS). As a victim witness professional, my role is to assist you with information and services during the prosecution of this case. I am contacting you because you were identified by law enforcement as a victim or potential victim during the investigation of the above criminal case.
Charges have been filed against defendant(s) Homero Joshua Garza. The lead prosecutor for this case is John Pierpont. The main charge is categorized as Corporate Fraud.
Victims of all crimes under federal investigation are entitled to services under the Victims' Rights and Restitution Act (VRRA), including notification of court events. For further details, please refer to Title 42 United States Code section 10607 or the VRRA link posted at
https://www.notify.usdoj.gov.
Now that charges have been filed in federal court, victims of the charges filed are, in addition, entitled to the following rights, according to the Crime Victims' Rights Act, Title 18 United States Code section 3771: (1) The right to be reasonably protected from the accused; (2) The right to reasonable, accurate, and timely notice of any public court proceeding, or any parole proceeding, involving the crime or of any release or escape of the accused; (3) The right not to be excluded from any such public court proceeding, unless the court, after receiving clear and convincing evidence, determines that testimony by the victim would be materially altered if the victim heard other testimony at that proceeding; (4) The right to be reasonably heard at any public proceeding in the district court involving release, plea, sentencing, or any parole proceeding; (5) The reasonable right to confer with the attorney for the Government in the case; (6) The right to full and timely restitution as provided in law; (7) The right to proceedings free from unreasonable delay; (
The right to be treated with fairness and with respect for the victim's dignity and privacy; (9) The right to be informed in a timely manner of any plea bargain or deferred prosecution agreement; and (10) The right to be informed of the rights under this section and the services described in section 503(c) of the Victims' Rights and Restitution Act of 1990 (42 U.S.C. 10607(c)) and provided contact information for the Office of the Victims' Rights Ombudsman of the Department of Justice.
Please understand that these rights apply only to victims of the counts charged in federal court, and thus you may not be able to exercise all of these rights if the crime of which you are a victim was not charged. In any event, we will continue to provide you with notifications and services unless you tell us not to. We will make our best efforts to ensure you are provided the rights and services to which you are entitled. You may contact the Victim/Witness Coordinator at the office listed above if you have questions about the progress of your case, your rights or the services to which you are entitled, or how you can assert them during the proceedings.
If you believe that a Justice Department employee has not provided you with these rights, you may file a complaint with the Justice Department’s Victims’ Rights Ombudsman. For more information, go to
http://www.justice.gov/usao/resources/crime-victims-rights-ombudsman. If you have questions about filing a complaint against an employee, you may contact the Ombudsman by email at
usaeo.VictimOmbudsman@usdoj.gov. Questions concerning this case should be directed to office listed above.
While our office cannot act as your attorney or provide you with legal advice, you can seek the advice of an attorney with respect to the rights above or other related legal matters.
Custody of a defendant during a federal criminal case is determined by the Court and is managed by the United States Marshal Service. Custody status of a defendant is subject to change during the course of the criminal proceedings. To receive the timeliest update to your case, please provide and verify your email address, as instructed below.
As of July 20, 2017, Homero Joshua Garza is not in the custody of the U.S. Marshal Service. The court, having reviewed the relevant information pertaining to the case, permitted the defendant to remain out of custody during the court proceedings.
On July 20, 2017, defendant Homero Joshua Garza pled guilty to the charges listed below. Any remaining counts will be disposed of at the time of sentencing. As a result of the guilty plea, there will be no trial involving this defendant.
Number of
Charges
Description of Charge(s)
Disposition
1
Fraud by wire, radio, or television
Guilty
It is helpful for the Court to know the impact of this crime on its victims. In an effort to provide this information to the Court, we are enclosing a Victim Impact Statement. If you choose to complete a statement, please forward it to:
Ines Cenatiempo
United States Attorney’s Office
District of Connecticut
Connecticut Financial Center
157 Church St. 25 Fl
New Haven, CT 06510
This is one way the Court can hear your concerns as they relate to the crime. A United States Probation Officer may also contact you in an effort to obtain additional victim impact information. Victim impact information is generally not public information; however, under criminal law and procedures, all information contained in your questionnaire will be disclosed to the defendant and his attorney.
The sentencing hearing for defendant(s), Homero Joshua Garza, has been set for January 4th, 2017, 10:00 AM at North Courtroom, 450 Main St., Hartford, CT before Judge Robert Chatigny. You are welcome to attend this proceeding; however, unless you have received a subpoena, your attendance is not required by the Court. If you plan on attending, you may want to verify the date and time by using the VNS Call Center or website. If you are a victim of the charged offense(s) and wish to speak at sentencing, please call our office well in advance of the scheduled hearing date.
A United States Probation Officer prepares a report for the Court and may contact you to discuss the impact the crime had on you financially, physically, and/or emotionally. If you are contacted, please make every effort to provide accurate and detailed information.
Sincerely,
Ines Cenatiempo
Victim Witness Program Manager
Please call the Victim Notification System (VNS) Help Desk at phone number 1-866-625-1631 for assistance and questions.
VICTIM IMPACT STATEMENT
Victim: (Name Here)
USAO Number: 2015R00123
Court Docket Number: 17-CR-00158
Insert the impact of the crime here (or, if a separate victim impact form is attached, please use that form to describe the impact of the crime):
