Two Sentenced, 11 More To Go…

As of October 16, 2012, two additional VRS Fraud defendants have been sentenced by the Honorable Judge Joel A. Pisano.

Benjamin Pena has been sentenced to 55 months of imprisonment on counts 1,2,3,5, and 6 of his indictment, all counts to run concurrently with certain recommendations to the Bureau of Prisons.  Mr. Pena has been ordered to surrender to prison or to the U.S. Marshal’s Service on 11/27/2012 by 9:00 AM.  After his release, Mr. Pena will have 3 years of supervised release with special conditions.  He is to pay back the U.S. Government $1,280,000.00 in restitution and $1,000,000 in forfeiture.  Until his report to prison, he is to be electronically monitored by the U.S. Probation Department — he will be allowed to leave home confinement to give his wife rides from/to work, attend his children’s school activities and for any medical appointments.

On the same day, Mr. Pena filed an appeal to the judgment handed down by the Honorable Judge Pisano.  However, all paperwork filed with the court must be accompanied with a filing fee.  Mr. Pena did not supply a filing fee, for which the clerk followed up with him about.  No updates on this since. will depart from its policy of publishing every document here, and not attach them to this post.  The documents regarding the appeal and the follow up had Mr. Pena’s contact information.  Per PACER policy, anybody getting these documents are not to divulge that information to the public without redacting those out.  If you want a copy, let me know via private email at and I will provide one without the contact information.

Meanwhile, another defendant, Robert Z. Rubeck, known as Zach Rubeck in the deaf community, finally was sentenced.  The Honorable Judge Pisano handed down the following for Mr. Rubeck: 1 year of probation with standard conditions, and $1 million dollars in restitution with interest waived.

With these two sentencings, the number of defendants awaiting their judgments have gone down from 13 to 11.  Barring any schedule changes, six more will be sentenced later this week on 11/7 and 11/8, including Anthony Mowl, the last of the Viable defendants to be sentenced.   As a side note, the Deaf Studio 29 defendants have yet to have their sentencing information updated in PACER.  The last entry was late last year in 2011.

Pena Judgment is here
Pena Forfeiture is here
Pena Special Conditions Order is here
Rubeck Judgment is here

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