AG’s Office: Sussex County man sentenced to 5 years in prison in international business email compromise scheme
NEWTON, NJ (Sussex County) — Attorney General Matthew J. Platkin and the Office of Securities Fraud and Financial Crimes Prosecutions (OSFFCP) Friday announced the sentencing of a Sussex County man who admitted receiving over $1.2 million in stolen funds in an international business email compromise (BEC) scheme in 2017 and 2018.
Robert Herburger Jr., 64, of Newton, has been sentenced to five years in state prison, including a 12-month period of parole ineligibility, by state Superior Court Judge Stuart A. Minkowitz at the Sussex County Judicial Center in Newton.
Herburger previously pleaded guilty, to second-degree receiving stolen property, second-degree unlawful possession of an assault rifle, and third-degree certain persons not to possess weapons.
“Herburger flouted the law by enabling overseas bad actors to deceive and victimize American companies and by possessing a firearm that he was legally prohibited from having,” Platkin said. “The court’s sentence illustrates that colluding with scammers is not a viable way of earning a living, and will not be tolerated in our state. Individuals who cheat our business community will face serious consequences.”
“This defendant is being held accountable after taking a cut of money stolen from businesses through fraud,” said OSFFCP Legal Chief Pablo Quiñones. “My office is committed to ensuring that white-collar criminals face justice and to helping victims recover what they lost.”
In BEC scams, the suspects send fraudulent email messages to businesses and other entities in which they pose as a known, trusted source in order to trick employees into paying for services never rendered or into revealing sensitive, confidential information.
Herburger admitted he incorporated fictitious businesses for the purpose of opening associated bank accounts in order to receive money stolen through such scams. From November 3, 2017, through July 5, 2018, Herburger received $1,210,377 stolen through various business email compromise schemes originating outside the country, and targeting businesses throughout the United States. The investigation revealed that once the stolen funds were received by accounts opened and controlled by Herburger, he wired the money to foreign bank accounts, keeping a portion of the ill-gotten proceeds for himself, officials said.
During the investigation, DCJ detectives identified ten business entities that suffered financial losses in connection with five bank accounts set up and controlled by Herburger. Those victims included law firms, retailers, financial services providers, and private businesses, officials said.
Herburger also admitted that at the time of his arrest, he was unlawfully in possession of an assault rifle, and further admitted that he was prohibited from owning any firearms due to his criminal history.
