Fake Attorneys, Real Threats: Indictment Targets a U.S. Partner of Peruvian Call Centers

What happened

On October 10, 2019, the Department of Justice (DOJ) announced that a Miami, Florida grand jury indicted Angel Armando Adrianzen, 45, of California, on October 8, 2019. The charges were conspiracy to commit mail fraud and wire fraud, five counts of wire fraud, five counts of mail fraud and four counts of extortion.

The DOJ Civil Division's Consumer Protection Branch prosecuted the case. The U.S. Postal Inspection Service (USPIS) investigated, and the U.S. Attorney's Office for the Southern District of Florida assisted.

The allegations

According to the indictment:

• Adrianzen partnered with a series of call centers in Peru that contacted U.S. consumers, many elderly and vulnerable, using internet-based telephone calls.
• Callers claimed to be attorneys and government representatives.
• They falsely told victims they had failed to pay for, or accept delivery of, products.
• They threatened court proceedings, negative credit reports, imprisonment or immigration consequences unless victims paid immediately for the products and "settlement fees."
• Adrianzen allegedly received the victims' payments and shipped products to them for the call centers, knowing the centers used fraud and extortion.

Adrianzen was first charged by criminal complaint and arrested on September 16 in California. He was ordered detained pending trial.

The charges are allegations. Adrianzen is presumed innocent unless proven guilty.

Context

The case was developed through the DOJ's Transnational Elder Fraud Strike Force, which the Attorney General established in June 2019 to combat foreign fraud schemes targeting American seniors. According to the release, the department had announced in March 2019 a nationwide elder fraud sweep charging more than 260 defendants.

Why it matters

Two features stand out. First, the calls used threats tied to immigration status. That tactic preys on fear in immigrant communities, and prosecutors charged it as extortion. Second, the U.S. defendant allegedly handled fulfillment and payments. Shipping products and receiving money for a call center can be enough for criminal exposure when the shipper knows how the sales were made.

Under the Telemarketing Sales Rule (TSR), threats, intimidation and false claims of affiliation with government or law are prohibited. Collection-style calls may also implicate the Fair Debt Collection Practices Act (FDCPA).

Practical steps

• Fulfillment partners: understand how your client's products are sold before you ship.
• Never threaten legal, credit or immigration consequences to make a sale.
• Do not let callers claim to be attorneys or government officials.
• Provide complaint channels in Spanish and other languages your customers use.