A Middlesex County man has been charged in connection with a scheme to defraud Williams-Sonoma, Inc. and another national transportation and logistics company through overbilling for trucking services. Acting U.S. Attorney Vikas Khanna announced the charges against Jose Pena, 46, of Monroe Township, New Jersey.
Pena faces one count of conspiracy to commit wire fraud and appeared before U.S. Magistrate Judge Jessica S. Allen in Newark federal court.
According to court documents, Pena owned a trucking firm subcontracted by a national transportation and logistics company, referred to as "Company-1," providing delivery services for Williams-Sonoma from its Cranbury, New Jersey distribution center. From June 2018 through September 2020, Pena allegedly conspired with individuals at Williams-Sonoma and Company-1 to overbill these companies by more than $3.6 million for services not rendered. In return for their involvement in the scheme, Pena reportedly provided his co-conspirators with kickbacks such as cash, checks, a sport utility vehicle, and a Rolex watch.
Following an internal audit that uncovered the fraud leading to the termination of contracts with his firm, Pena concealed his interest in another trucking company contracting directly with Williams-Sonoma in September 2021. He continued collaborating with some co-conspirators to overbill for fabricated deliveries until June 2024, causing nearly $1 million more in losses.
Two co-conspirators have pleaded guilty last month: Raymond DeLeon and Cintia Elaxcar admitted their roles in the conspiracy while working as former employees of Company-1.
Raymond DeLeon pleaded guilty on January 3 before Judge Zahid N. Quraishi in Trenton federal court to one count of conspiracy to commit wire fraud. DeLeon was an operations general manager at Company-1 and received over $200,000 in kickbacks.
Cintia Elaxcar pleaded guilty on January 15 before Judge Quraishi also to one count of conspiracy to commit wire fraud. As a billing and dispatch manager at Company-1, she received over $435,000 in kickbacks.
The charge of conspiracy to commit wire fraud carries a maximum penalty of twenty years imprisonment along with fines up to $250,000 or twice the gain or loss from the offense.
Acting U.S. Attorney Khanna credited special agents from the United States Secret Service under Special Agent Aaron Hatley's direction for conducting the investigation.
Assistant U.S. Attorney Joseph Stern is representing the government from Newark's Opioid Abuse Prevention and Enforcement Unit.
The complaint's charges are accusations; thus far no guilt has been legally established against any defendant involved.
Defense counsel includes Michael Critchley for Pena; Nicholas Moschella represents DeLeon; Maria Noto is counsel for Elaxcar.