You're viewing Docket Item 1 from the case . View the full docket and case details.

Download this document:




Case 2:13-cr-00495-ES Document 1 Filed 07/29/13 Page 1 of 34 PageID: 1

2009R00763/JWR

UNITED STATES DISTRICT COURT

DISTRICT OF NEW JERSEY

UNITED STATES OF AMERICA

v.

GIUSEPPE GIUDICE,

a/k/a "Joe Giudice," and

TERESA GIUDICE

Criminal No.

18 u.s.c .. §§ 1014, 1341, 1343, 1344,
1349, 152(1) I 153(2) I 153(3) f and§ 2
26 u.s.c. § 7203

I N D I C T M E N T

The Grand Jury in and for the District of New Jersey, sitting

at Newark, charges:

(Conspiracy to Commit Mail Fraud and Wire Fraud)

COUNT 1

Introduction

1. At all times relevant to Count 1 of this Indictment:

A. Defendant GIUSEPPE GIUDICE, a/k/a "Joe Giudice,"

(hereinafter "defendant GIUSEPPE GIUDICE") was a resident of Morris

County, New Jersey.

B. Defendant TERESA GIUDICE (hereinafter "defendant

TERESA GIUDICE") was a resident of Morris County, New Jersey and was

the wife of defendant GIUSEPPE GIUDICE.

C. Defendant GIUSEPPE GIUDICE was self-employed and

received income.

D.

From in or about January 2001 through in or about May

Case 2:13-cr-00495-ES Document 1 Filed 07/29/13 Page 2 of 34 PageID: 2

2008, defendant TERESA GIUDICE was unemployed and received no income.

E. The following were financial institutions, within the

meaning of Title 18, United States Code, Section 20, whose deposits

were insured by the Federal Deposit Insurance Corporation ("FDIC")

and who were engaged in the business of making mortgage and other

loans to the public (collectively, the "Financial Institution

Lenders"):

i.

The Park Avenue Bank, with offices in New York
("Park Avenue") ;

ii. Wachovia, now Wells Fargo, with offices in New

Jersey ("Wachovia");

iii. Sterling Bank, with offices in New Jersey

("Sterling"); and

iv. Community Bank of Bergen County, with offices

in New Jersey ("CBBC").

F. The following entities were engaged in the business

of making mortgage and other loans to the public (collectively, the

"Non-Financial Institution Lenders").

i.

HomeComings Financial Network, Inc., with
offices in New Jersey and Minnesota
("Homecomings") ;

ii. Eastern American Mortgage Company, with offices

in New Jersey ("Eastern American");

iii. Alterna Mortgage Company, with offices in New

Jersey ("Alterna");

The Financial Institution and Non-Financial Institution Lenders,

when discussed collectively, are referred to as the "Lenders."

2

Case 2:13-cr-00495-ES Document 1 Filed 07/29/13 Page 3 of 34 PageID: 3

The Conspiracy

2.

From in or about September 2001 through in or about

September 2008, in Morris and Passaic Counties, in the District of

New Jersey and elsewhere, defendants

GIUSEPPE GIUDICE,

a/k/a "Joe Giudice," and

TERESA GIUDICE

did knowingly and intentionally conspire and agree with each other

and others to devise a scheme and artifice to defraud the Lenders

and to obtain money from the Lenders by means of materially false

and fraudulent pretenses, representations, and promises; and, for

the purpose of executing such scheme and artifice, to use the United

States mails or private or commercial interstate carriers and wire

communications in interstate commerce, contrary to Title 18, United

States Code, Sections 1341 and 1343.

Object of the Conspiracy

3. The object of the conspiracy was for defendants GIUSEPPE

GIUDICE and TERESA GIUDICE to submit or cause to be submitted

materially false and fraudulent mortgage and other loan applications

and supporting documents to the Lenders in order to fraudulently

cause the Lenders to fund mortgage and other loans to the defendants,

including through the use of the U.S. Mail or private or commercial

interstate carrier and wire communications in interstate commerce.

Manner and Means of the Conspiracy

4.

It was a part of the conspiracy that defendants GIUSEPPE

3

Case 2:13-cr-00495-ES Document 1 Filed 07/29/13 Page 4 of 34 PageID: 4

GIUDICE and TERESA GIUDICE would falsely represent on loan

applications and supporting documents submitted to the Lenders that

they were employed and/or receiving substantial salaries when, in

fact, they were either not employed or not receiving such salaries.

5.

It was further part of the scheme and artifice to defraud

that defendants GIUSEPPE GIUDICE and TERESA GIUDICE would create,

or cause to be created, and then submit or cause to be submitted to

the Lenders false and fraudulent federal personal income tax returns,

IRS Forms W-2, paystubs, and other documents that purported to

provide evidence of defendants' employment and salaries.

Fraudulent Activity

6.

In furtherance of the scheme and artifice to defraud and

to effect the unlawful object thereof, defendants GIUSEPPE GIUDICE

and TERESA GIUDICE committed and caused to be committed the following

acts:

A.

In or about September 2001, defendants GIUSEPPE

GIUDICE and TERESA GIUDICE caused to be prepared a loan application,

which they then caused to be submitted to HomeComings. The loan

application falsely stated that defendant TERESA GIUDICE was

employed as an Executive Assistant by Modern Era Investment Corp.

with a monthly salary of $3,750 and that she had been so employed

for four years.

In support of the loan application, defendants

GIUSEPPE GIUDICE and TERESA GIUDICE created, caused to be created,

and caused to be submitted to HomeComings false and fraudulent Forms

4

Case 2:13-cr-00495-ES Document 1 Filed 07/29/13 Page 5 of 34 PageID: 5

W-2 and paystubs purportedly issued by Modern Era Investment Corp.

In further support of the loan application, defendants GIUSEPPE

GIUDICE and TERESA GIUDICE caused documents to be sent via the U.S.

Mail or private or commercial interstate carrier to HomeComings and

other entities and individuals involved with the closing of the loan.

In fact, defendant TERESA GIUDICE was not employed by Modern Era

Investment Corp., but was unemployed. Based on the false and

fraudulent loan application and supporting documentation, on or

about December 21, 2001, defendant TERESA GIUDICE received a mortgage

loan from HomeComings in the approximate amount of $121,500.

B.

In or about June 2 0 04, defendants GIUSEPPE GIUDICE and

TERESA GIUDICE caused to be prepared a loan application, which they

then caused to be submitted to Eastern American. The loan

application falsely stated that defendant TERESA GIUDICE was a

self-employed owner of G&G Stucco with a monthly salary of $14,750

and that she had been so employed for seven years.

In further support

of the loan application, defendants GIUSEPPE GIUDICE and TERESA

GIUDICE caused documents to be sent via the U.S. Mail or private or

commercial interstate carrier to Eastern American and other entities

and individuals involved with the closing of the loan.

In fact,

defendant TERESA GIUDICE was not employed by G&G Stucco, but was

unemployed. Based on the false and fraudulent loan application and

supporting documentation, on or about June 30; 2004, defendant TERESA

GIUDICE received a mortgage loan from Eastern American in the

5

Case 2:13-cr-00495-ES Document 1 Filed 07/29/13 Page 6 of 34 PageID: 6

approximate amount of $20,200, which was funded by interstate wire

transfer from outside New Jersey to New Jersey.

C.

In or about March 2005, defendants GIUSEPPE GIUDICE

and TERESA GIUDICE caused to be prepared two loan applications, which

they then caused to be submitted to Alterna. The loan applications

falsely stated that defendant TERESA GIUDICE was a self-employed

owner of G&G Stucco with a monthly salary of $12,100 and that she

had been so employed for six years.

In further support of the loan

applications, defendants GIUSEPPE GIUDICE and TERESA GIUDICE caused

documents to be sent via the U.S. Mail or private or commercial

interstate carrier to Alterna and other entities and individuals

involved with the closing of the loan.

In fact, defendant TERESA

GIUDICE was unemployed. Based on the false and fraudulent loan

applications and supporting documentation, on or about March 18,

2005, defendant TERESA GIUDICE received mortgage loans from Alterna

in the approximate amount of $141,550, which were funded by

interstate wire transfer from outside New Jersey to New Jersey.

D.

In or about November 2005, defendants GIUSEPPE GIUDICE

and TERESA GIUDICE caused to be prepared a loan application, which

they then caused to be submi t.ted to Park Avenue.

In support of the

loan application, defendants GIUSEPPE GIUDICE and TERESA GIUDICE

created, caused to be created, and caused to be submitted to Park

Avenue false and fraudulent tax returns and Forms W-2.

In further

support of the loan application, defendants GIUSEPPE GIUDICE and

6

Case 2:13-cr-00495-ES Document 1 Filed 07/29/13 Page 7 of 34 PageID: 7

TERESA GIUDICE caused documents to be sent via the U.S. Mail or

private or commercial interstate carrier to Park Avenue and other

entities and individuals involved with the closing of the loan.

Based on the application and false and fraudulent supporting

documentation, on or about January 30, 2006, defendants GIUSEPPE

GIUDICE and TERESA GIUDICE received a construction loan from Park

Avenue in the approximate amount of $800,000.

E.

In or about December 2006, defendant GIUSEPPE GIUDICE

applied for a loan from Wachovia.

In support of the loan

application, defendants GIUSEPPE GIUDICE and TERESA GIUDICE created,

caused to be created, and caused to be submitted to Wachovia a false

and fraudulent tax return.

In further support of the loan

application, defendants GIUSEPPE GIUDICE and TERESA GIUDICE caused

documents to be sent via the U.S. Mail or private or commercial

interstate carrier to Wachovia and other entities and individuals

involved with the loan. Based on the application and false and

fraudulent supporting documentation, on or about December 11, 2006,

Wachovia approved a home equity line of credit to defendant GIUSEPPE

GIUDICE, from which he withdrew approximately $251,360 from in or

about December 2006 through in or about February 2009.

F.

In or about February 2007, defendant GIUSEPPE GIUDICE

applied for a loan from Wachovia.

In support of the loan

application, defendants GIUSEPPE GIUDICE and TERESA GIUDICE created,

caused to be created, and caused to be submitted to Wachovia false

7

Case 2:13-cr-00495-ES Document 1 Filed 07/29/13 Page 8 of 34 PageID: 8

and fraudulent tax returns and Forms W-2.

In further support of the

loan application, defendants GIUSEPPE GIUDICE and TERESA GIUDICE

caused documents to be sent via the U.S. Mail or private or commercial

interstate carrier to Wachovia and other entities and individuals

involved with the loan. Based on the application and false and

fraudulent supporting documentation, on or about February 15, 2007,

Wachovia approved a home equity line of credi,t to defendant GIUSEPPE

GIUDICE, from which he withdrew approximately $170,252 in or about

February 2007.

G.

In or about February 2008, defendants GIUSEPPE GIUDICE

and TERESA GIUDICE caused to be prepared a loan application, which

they then caused to be submitted to Sterling.

In support of the loan

application, defendants GIUSEPPE GIUDICE and TERESA GIUDICE created,

caused to be created, and caused to be submitted to Sterling false

and fraudulent Forms W-2.

In further support of the loan

application, defendants GIUSEPPE GIUDICE and TERESA GIUDICE caused

documents to be sent via the U.S. Mail or private or commercial

interstate carrier to Sterling and other entities and individuals

involved with the closing of the loan. Based on the application and

false and fraudulent supporting documentation, on or about March 14,

2008, Sterling issued a construction loan to defendants GIUSEPPE

GIUDICE and TERESA GIUDICE in the approximate amount of $1,700,000,

which was funded by interstate wire transfer from outside New Jersey

to New Jersey.

8

Case 2:13-cr-00495-ES Document 1 Filed 07/29/13 Page 9 of 34 PageID: 9

H.

In or about July 2008, defendants GIUSEPPE GIUDICE and

TERESA GIUDICE caused to be prepared a loan application, which they

then caused to be submitted to CBBC. The loan application falsely

stated that defendants had a private bank account containing

$500,000.

In support of the loan application, defendants GIUSEPPE

GIUDICE and TERESA GIUDICE created, caused to be created, and caused

to be submitted to CBBC false and fraudulent tax returns and Forms

W-2.

In further support of the loan application, defendants

GIUSEPPE GIUDICE and TERESA GIUDICE caused documents to be sent via

the U.S. Mail or private or commercial interstate carrier to CBBC

and other entities and individuals involved with the closing of the

loan. Based on the false and fraudulent loan application and

supporting documentation, on or about September 12, 2008, CBBC

approved a mortgage loan to defendants GIUSEPPE GIUDICE and TERESA

GIUDICE in the approximate amount of $1, 720, 000, which was disbursed

on or about September 19, 2008.

In violation of Title 18, United States Code, Section 1349.

9

Case 2:13-cr-00495-ES Document 1 Filed 07/29/13 Page 10 of 34 PageID: 10

COUNTS 2 - 6
(Bank Fraud)

1. Paragraphs 1 and 6D through 6H of Count 1 of this Indictment

are hereby realleged and incorporated as if set forth in full herein.

2.

In or about the dates set forth below, defendants GIUSEPPE

GIUDICE and TERESA GIUDICE did knowingly and intentionally execute

and attempt to execute a scheme and artifice to defraud financial

institutions, and to obtain money, funds, assets and other property

owned by, and under the custody and control of, financial

institutions, by means of materially false and fraudulent pretenses,

representations and promises, as described below:

COUNT

DATE

FINANCIAL INSTITUTION

AMOUNT

2

3

4

5

6

November 2005 to Park Avenue
January 2006

December 2006 to Wachovia
February 2009

February 2007

Wachovia

February 2008 to Sterling
March 2008

July 2008 to
September 2008

CBBC

$800,000

$251,360

$170,252

$1,700,000

$1,720,000

In violation of Title 18, United States Code, Section 1344 and

Section 2.

10

Case 2:13-cr-00495-ES Document 1 Filed 07/29/13 Page 11 of 34 PageID: 11

COUNTS 7 - 11

(Loan Application Fraud)

1. Paragraphs 1 and 6D through 6H of Count 1 of this Indictment

are hereby realleged and incorporated as if set forth in full herein.

2.

In or about the dates set forth below, defendants GIUSEPPE

GIUDICE and TERESA GIUDICE did knowingly make false statements and

reports for the purpose of influencing the actions of the Financial

Institution Lenders upon their loan applications as follows:

COUNT

DATE

FINANCIAL INSTITUTION FALSE INFORMATION

7

8

9

10

11

November 2005

Park Avenue

December 2006 Wachovia

February 2007 Wachovia

February 2008 Sterling
to March 2008

July 2008 to
September 2008

CBBC

Tax Returns;
Forms W-2

Tax Return

Tax Returns;
Forms W-2

Forms W-2

Assets;
Tax returns;
Forms W-2

In violation of Title 18, United States Code, Section 1014 and

Section 2.

11

Case 2:13-cr-00495-ES Document 1 Filed 07/29/13 Page 12 of 34 PageID: 12

COUNT 12

(Bankruptcy Fraud)

1. Paragraph 1 of Count 1 of this Indictment is hereby

realleged and incorporated as if set forth in full herein.

A. The Bankruptcy Process

2. A voluntary bankruptcy case is begun by the filing of a

bankruptcy petition, and the person who files that petition is a

"debtor" under federal bankruptcy law. The process is conducted in

a federal court and is governed by the United States Bankruptcy Code,

which is found in Title 11 of the United States Code.

3. Upon the filing of a bankruptcy petition, a debtor is

required by law to fully disclose his or her financial circumstances,

including, among other things, assets, liabilities, income from

prior years, and any anticipated increase in income. Assets include

real, personal, tangible and intangible property, whether or not the

asset is held in the debtor's name or held in the name of another

person or entity on behalf of the debtor. A bankruptcy "estate" is

created upon the filing of a bankruptcy petition, which is a

collective reference to all legal or equitable interests of the

debtor in property at the time of the bankruptcy filing. The estate

includes all property in which the debtor has an interest, even if

it is owned or held by another person.

4. The financial circumstances of the debtor are disclosed to

the bankruptcy court by the debtor in a series of bankruptcy forms

12

Case 2:13-cr-00495-ES Document 1 Filed 07/29/13 Page 13 of 34 PageID: 13

called the "Schedules of Assets and Liabilities," and on a separate

bankruptcy form called a "Statement of Financial Affairs." These

forms are signed by the debtor under penalty of perjury.

5.

If a bankruptcy trustee is assigned to the bankruptcy case,

he or she is responsible for the administration of the debtor's

bankruptcy estate, including the identification and liquidation of

assets and the distribution of proceeds to creditors. All debtors

are required to attend a Section 341 Meeting of Creditors, at which

the debtor is placed under oath by the bankruptcy trustee and

questioned about his or her financial affairs, including, but not

limited to, the bankruptcy petition, the Schedules of Assets and

Liabilities, and the Statement of Financial Affairs.

6.

If necessary, other types of proceedings may be held in

relation to bankruptcy cases, such as Rule 2004 examinations, at

which the debtor is placed under oath by the bankruptcy trustee and

questioned about his or her financial affairs.

7. Bankruptcy provides debtors with an opportunity to obtain

a fresh financial start through the discharges of their debts. A

discharge depends upon the debtor's disclosure of a true and accurate

picture of his or her financial affairs.

B. Introduction

8. At all times relevant to Count 12 of this Indictment:

A. On or about October 29, 2009, defendants GIUSEPPE

GIUDICE and TERESA GIUDICE filed and caused the filing of a voluntary

13

Case 2:13-cr-00495-ES Document 1 Filed 07/29/13 Page 14 of 34 PageID: 14

petition for relief under Chapter 7 of the Bankruptcy Code in the

United States Bankruptcy Court for the District of New Jersey, in

the proceeding entitled In re: Teresa and Giuseppe Giudice, Case No.

09-39032 (the "Bankruptcy Petition").

B. On October 29, 2009, defendants GIUSEPPE GIUDICE and

TERESA GIUDICE filed and caused the filing of documents relating to

their Bankruptcy Petition, including a Statement of Financial

Affairs and Schedules of Assets and Liabilities. The defendants

signed these documents under penalty of perjury.

C. On or about December 17, 2009, January 8, 2010, and

March 2, 2010, defendants GIUSEPPE GIUDICE and TERESA GIUDICE filed

and caused the filing of amended documents relating to their

Bankruptcy Petition, including amended Statements of Financial

Affairs and Schedules of Assets and Liabilities. The defendants

signed these documents under penalty of perjury.

D. On or about December 23, 2009, April 23, 2010, April

3 0, 2010, and December 15, 2010, defendant GIUSEPPE GIUDICE testified

under oath in connection with the bankruptcy proceedings. On or

about December 23, 2009, April 23, 2010, and June 29, 2011, defendant

TERESA GIUDICE testified under oath in connection with the bankruptcy

proceedings.

E. On or about August 26, 2011, defendant GIUSEPPE

GIUDICE and the United States Trustee filed a consent order in the

United States Bankruptcy Court for the District of New Jersey in which

14

Case 2:13-cr-00495-ES Document 1 Filed 07/29/13 Page 15 of 34 PageID: 15

the parties agreed that defendant GIUSEPPE GIUDICE would be denied

a bankruptcy discharge. On or about September 6 1 2011 1 a Judge of

the United States Bankruptcy Court for the District of New Jersey

approved the consent order.

F. On or about December 7 1 2011 1 defendant TERESA GIUDICE

and the United States Trustee filed a consent order in the United

States Bankruptcy Court for the District of New Jersey in which the

parties agreed that defendant TERESA GIUDICE would be denied a

bankruptcy discharge. On or about December 15 1 2011 1 a Judge of the

United States Bankruptcy Court for the District of New Jersey

approved the consent order.

G.

TG Fabalicious Limited Liability Company d/b/a TG

Fabulicious LLC ("TG Fabulicious") was a limited liability company

existing under the laws of the State of New Jersey that was formed

on or about April 20 1 2009. Defendant TERESA GIUDICE was the sole

member/manager of TG Fabulicious.

H. On or about May 18 1 2009 1 defendant TERESA GIUDICE

registered the website domain name tgfabulicious.coml and soon

thereafter began selling fashion merchandise on this website.

Proceeds from the sales were deposited into a business bank account

that defendant TERESA GIUDICE had established at a bank in New Jersey

on or about April 21 1 2009 (the "TG Fabulicious Bank Account"). The

TG Fabulicious Bank Account was closed in or about March 2011.

I. On or about August 12 1 2009 1 defendant TERESA GIUDICE

15

Case 2:13-cr-00495-ES Document 1 Filed 07/29/13 Page 16 of 34 PageID: 16

filed a trademark application with the United States Patent and

Trademark Office for the mark "Fabulicious."

J. Name Brand Clothing Limited Ltability Company ("Name

Brand") was a limited liability company existing under the laws of

the State of New Jersey that was formed on or about February 12, 2009.

Defendant GIUSEPPE GIUDICE was the sole member /manager of Name Brand.

From in or about February 2009 through in or about July 2009, Name

Brand had a business bank account in New Jersey (the "Name Brand Bank

Account").

K.

1601 Maple Avenue, LLC ("1601 Maple Avenue") was a

limited liability company existing under the laws of the State of

New Jersey that was formed in or about August 2008. Defendant

GIUSEPPE GIUDICE was the sole member/manager of 1601 Maple Avenue.

1601 Maple Avenue collected rent from tenants at a gas station located

at 1601 Maple Avenue in Hillside, New Jersey. From in or about

January 2009 through in or about December 2009, 1601 Maple Avenue

had a business bank account in New Jersey ("1601 Maple Avenue Bank

Account")

L. Turo Fuel Corporation d/b/a Turbo Fuel Corporation

("Turbo Fuel") was a Domestic Profit Corporation existing under the

laws of the State of New Jersey that was formed in or about December

2008. Defendant GIUSEPPE GIUDICE was the sole member/manager of

Turbo Fuel. From in or about January 2009 through in or about

December 2009, Turbo Fuel had a business bank account in New Jersey

16

Case 2:13-cr-00495-ES Document 1 Filed 07/29/13 Page 17 of 34 PageID: 17

(the "Turbo Fuel Bank Account").

M.

In or about July 2005, defendant TERESA GIUDICE

purchased a residential property in Lincoln Park, New Jersey (the

"Rental Property"). On or about April 1, 2009, defendant GIUSEPPE

GIUDICE entered into a lease with a tenant to rent the Rental Property

on a monthly basis (the "Rental Property Lease"). From in or about

April 1, 2009 through in or about January 2012, defendants GIUSEPPE

GIUDICE and TERESA GIUDICE received approximately $42,968 in rental

income under the terms of the Rental Property Lease (the "Rental

Property Income").

N.

From in or about June 2008 through the filing of the

Bankruptcy Petition, defendant TERESA GIUDICE received income of

approximately $110,677 from various sources, including her work as

an actress on the television show "The Real Housewives of New Jersey"

(the "Television Show"), sales from the tgfabulicious.com website,

and payments from personal and magazine appearances.

0. On or about June 5, 2009 and August 27, 2009,

defendants GIUSEPPE GIUDICE and TERESA GIUDICE signed agreements in

connection with then-upcoming Season Two of the Television Show

whereby they would receive approximately $110,000 in compensation.

B. The Scheme to Defraud

9. Beginning on or about October 29, 2009, and continuing

through at least on or about December 15, 2011, in the District of

New Jersey, defendants GIUSEPPE GIUDICE, a/k/a "Joe Giudice," and

17

Case 2:13-cr-00495-ES Document 1 Filed 07/29/13 Page 18 of 34 PageID: 18

TERESA GIUDICE devised a scheme and artifice to defraud by means of

materially false and fraudulent pretenses and representations as

part of a bankruptcy proceeding.

c. Manner and Means of the Scheme to Defraud

10.

It was part of the scheme and artifice to defraud that the

defendants filed and caused to be filed false and fraudulent

Statements of Financial Affairs and Bankruptcy Schedules, which they

signed and caused to be signed as true and correct, under penalty

of perjury, in which the defendants intentionally omitted and

concealed material facts, and provided false and misleading

information.

11.

It was further part of the scheme and artifice to defraud

that the defendants did intentionally conceal and fail to disclose

to the United States Trustee all of the bankruptcy estate, including

but not limited to business ownership interests, bank accounts,

rental property income, other income, and anticipated increases in

income. For example, defendants never disclosed the TG Fabulicious

business, the TG Fabulicious Bank Account, the TG Fabulicious

intellectual property, the Name Brand business, the Name Brand Bank

Account, the 1601 Maple Avenue business, the 1601 Maple Avenue Bank

Account, the Turbo Fuel business, the Turbo Fuel Bank Account, the

Rental Property Lease, the Rental Property Income, Teresa Giudice's

true income, and their anticipated increase in income.

12.

It was further part of the scheme and artifice to defraud

18

Case 2:13-cr-00495-ES Document 1 Filed 07/29/13 Page 19 of 34 PageID: 19

that the defendants testified under oath at bankruptcy hearings that

their bankruptcy filings were complete and accurate and that all of

the bankruptcy estate was disclosed, when in fact defendants knew

these statements to be false.

13.

It was further part of the scheme and artifice to defraud

that the defendants concealed property belonging to the bankruptcy

estate while testifying under oath at bankruptcy hearings.

14.

From on or about October 29, 2009 through at least on or

about December 15, 2011, in the District of New Jersey, defendants

GIUSEPPE GIUDICE,

a/k/a "Joe Giudice," and

TERESA GIUDICE,

having devised and intending to devise a scheme and artifice to

defraud, and for the purpose of executing and concealing such scheme

and artifice, made materially false and fraudulent representations

as part of a bankruptcy proceeding under Title 11.

In violation of Title 18, United States Code, Section 157(3)

and Section 2.

19

Case 2:13-cr-00495-ES Document 1 Filed 07/29/13 Page 20 of 34 PageID: 20

COUNTS 13-18

(Bankruptcy Fraud - Concealment)

1. Paragraph 1 of Count 1 and Paragraph 8 of Count 12 of this

Indictment are hereby realleged and incorporated as if set forth in

full herein.

2. On or about the dates set forth below, the defendants set

forth below did knowingly and fraudulently conceal from a custodian,

trustee, marshal, and other officer of the court charged with the

control and custody of property, and, in connection with a case under

Title 11, from creditors and the United States Trustee, the following

MANNER OF

CONCEALMENT

Not disclosed
in 10/29/09
bankruptcy
filings

property belonging to the estate of a debtor:

COUNT

DEFENDANT{S)

DATE

PROPERTY CONCEALED

13

GIUSEPPE GIUDICE 10/29/09 TG Fabulicious
TERESA GIUDICE

business; TG
Fabulicious Bank
Account; Fabulicious
intellectual
property; Name Brand
business; Name Brand
Bank Account; 1601
Maple Avenue business;
1601 Maple Avenue Bank
Account; Turbo Fuel
business; Turbo Fuel
Bank Account; Rental
Property Lease; Rental
Property Income;
Teresa Giudice's true
income; anticipated
increase in income

20

Case 2:13-cr-00495-ES Document 1 Filed 07/29/13 Page 21 of 34 PageID: 21

Not disclosed
in 12/17/09
bankruptcy
filings

14

GIUSEPPE GIUDICE 12/15/09 TG Fabulicious
TERESA GIUDICE

business; TG
Fabulicious Bank
Account; Fabulicious
intellectual
property; Name Brand
business; Name Brand
Bank Account; 1601
Maple Avenue business;
1601 Maple Avenue Bank
Account; Turbo Fuel
business; Turbo Fuel
Bank Account; Rental
Property Lease; Rental
Property Income;
Teresa Giudice's true
income; anticipated
increase in income

15

TERESA GIUDICE

12/23/09

Rental Property Lease;
Rental Property
Income; Teresa
Giudice's true income

Not disclosed
at her 12/23/09
Rule 2004
examination

16

GIUSEPPE GIUDICE
TERESA GIUDICE

1/8/10

Not disclosed
in 1/8/10
bankruptcy
filings

TG Fabulicious
business; TG
Fabulicious Bank
Account; Fabulicious
intellectual
property; Name Brand
business; Name Brand
Bank Account; 1601
Maple Avenue business;
1601 Maple Avenue Bank
Account; Turbo Fuel
business; Turbo Fuel
Bank Account; Rental
Property Lease; Rental
Property Income;
Teresa Giudice's true
income; anticipated
increase in income

21

Case 2:13-cr-00495-ES Document 1 Filed 07/29/13 Page 22 of 34 PageID: 22

17

GIUSEPPE GIUDICE 3/2/10
TERESA GIUDICE

Not disclosed
in 3/2/10
bankruptcy
filings

TG Fabulicious
business; TG
Fabulicious Bank
Account; Name Brand
business; Name Brand
Bank Account; 1601
Maple Avenue business;
1601 Maple Avenue Bank
Account; Turbo Fuel
business; Turbo Fuel
Bank Account; Rental
Property Income;
Teresa Giudice's true
income

18

TERESA GIUDICE

6/29/11

Rental Property Lease;
Rental Property
Income; Teresa
Giudice's true income

Not disclosed
at her 6/29/11
adversary
proceeding

In violation of Title 18, United States Code, Sections 152(1)

and 2.

22

Case 2:13-cr-00495-ES Document 1 Filed 07/29/13 Page 23 of 34 PageID: 23

COUNTS 19-24

(Bankruptcy Fraud - False Oaths)

1. Paragraph 1 of Count 1 and Paragraph 8 of Count 12 of this

Indictment are hereby realleged and incorporated as if set forth in

full herein.

2. On or about the dates set forth below, the defendants set

forth below did knowingly and fraudulently make a false oath and

account in and in relation to a case under Title 11 of the United

States Code as follows:

COUNT

DEFENDANT(S)

DATE

PROCEEDING

FALSE OATH(S)

19

GIUSEPPE GIUDICE 12/23/09 Rule 341
TERESA GIUDICE

Hearing

All the information in
the bankruptcy filings
was true and correct

20

GIUSEPPE GIUDICE 4/23/10

Rule 2004
Examination returns to obtain

He never used unfiled tax

21

TERESA GIUDICE

4/23/10

22

GIUSEPPE GIUDICE 4/30/10

financing on any
properties

Rule 2004
The Rental Property was
Examination never rented out; there
was never a tenant in the
Rental Property;
information about her
income; TG Fabulicious
created after the
bankruptcy case began

Rule 2004
Examination rental payments each

He did not receive full

month on the Rental
Property; business
partner gave him
permission to discharge
mortgage

23

GIUSEPPE GIUDICE 12/15/10 Adversary

Business partner gave him
Proceeding permission to discharge

mortgage

23

Case 2:13-cr-00495-ES Document 1 Filed 07/29/13 Page 24 of 34 PageID: 24

24

TERESA GIUDICE

6/29/11 Adversary

Her only source of income

Proceeding at time of bankruptcy

filing was from
Television Show; she did
not own any business
interests or companies;
TG Fabulicious website
was not generating any
income; Rental Property
and income from Rental
Property

In violation of Title 18, United States Code, Sections 152(2)

and 2.

24

Case 2:13-cr-00495-ES Document 1 Filed 07/29/13 Page 25 of 34 PageID: 25

(Bankruptcy Fraud - False Declarations)

COUNTS 25-34

1. Paragraph 1 of Count 1 and Paragraph 8 of Count 12 of this

Indictment are hereby realleged and incorporated as if set forth in

full herein.

2. On or about the dates set forth below, defendants GIUSEPPE

GIUDICE and TERESA GIUDICE did knowingly and fraudulently make

material false declarations, certificates and verifications under

the penalty of perjury, as permitted under Section 1746 of Title 28,

in and in relation to a case under Title 11, as follows:

COUNT

DATE

DOCUMENT

FALSE DECLARATION

25

10/29/09 Bankruptcy Petition

The information provided in
the Petition is true and
correct

26

10/29/09 Declaration Concerning The summary of schedules and

Debtor's Schedules

schedules are true and
correct

27

10/29/09 Statement of Financial The answers and attachments

Affairs

to the Statement of Financial
Affairs are true and correct

28

10/29/09 Statement of Current

Monthly Income and
Means-Test Calculation Monthly Income and Means-Test

The information provided in
the Statement of Current

Calculation is true and
correct

29

12/15/09 Declaration Concerning The summary of schedules and

Debtor's Schedules

scheaules are true and
correct

30

12/15/09 Statement of Financial The answers and attachments

Affairs

to the Statement of Financial
Affairs are true and correct

25

Case 2:13-cr-00495-ES Document 1 Filed 07/29/13 Page 26 of 34 PageID: 26

31

12/15/09 Statement of Current

Monthly Income and
Means-Test Calculation Monthly Income and Means-Test

The information provided in
the Statement of Current

Calculation is true and
correct

32

1/8/10

33

3/2/10

34

3/2/10

Statement of Financial The answers and attachments
Affairs

to t~e Statement of Financial
Affairs are true and correct

Declaration Concerning The summary of schedules and
Debtor's Schedules

schedules are true and
correct

Statement of Financial The answers and attachments
Affairs

to the Statement of Financial
Affairs are true and correct

In violation of Title 18, United States Code, Sections 152(3)

and 2.

26

Case 2:13-cr-00495-ES Document 1 Filed 07/29/13 Page 27 of 34 PageID: 27

COUNT 35

(Failure to Make Tax Return)

1. Paragraph 1 of Count 1 of this Indictment is hereby

realleged and incorporated as if set forth in full herein.

2. During the calendar year 2004, GIUSEPPE GIUDICE had and

received gross income of approximately $243,919.

3. Having received this income, GIUSEPPE GIUDICE was required

by law, following the close of calendar year 2004, and on or before

April 15, 2005, to make an income tax return to the Internal Revenue

Service stating specifically the items of his gross income and any

deductions and credits to which he was entitled.

4. On or about April 15, 2005, in the District of New Jersey,

and elsewhere, defendant

GIUSEPPE GIUDICE,

a/k/a "Joe Giudice,"

knowing and believing the foregoing facts, >did knowingly and

willfully fail to make an income tax return to the Internal Revenue

Service.

In violation of Title 26, United States Code, Section 7203 and

Title 18, United States Code, Section 2.

27

Case 2:13-cr-00495-ES Document 1 Filed 07/29/13 Page 28 of 34 PageID: 28

COUNT 36

(Failure to Make Tax Return)

1. Paragraph 1 of Count 1 of this Indictment is hereby

realleged and incorporated as if set forth in full herein.

2. During the calendar year 2005, GIUSEPPE GIUDICE had and

received gross income of approximately $323,481.

3. Having received this income, GIUSEPPE GIUDICE was required

by law, following the close of calendar year 2005, and on or before

April 17, 2006, to make an income tax return to the Internal Revenue

Service stating specifically the items of his gross income and any

deductions and credits to which he was entitled.

4. On or about April 17, 2006, in the District of New Jersey,

and elsewhere, defendant

GIUSEPPE GIUDICE,

a/k/a "Joe Giudice,"

knowing and believing the foregoing facts, did knowingly and

willfully fail to make an income tax return to the Internal Revenue

Service.

In violation of Title 26, United States Code, Section 7203 and

Title 18, United States Code, Section 2.

28

Case 2:13-cr-00495-ES Document 1 Filed 07/29/13 Page 29 of 34 PageID: 29

COUNT 37

(Failure to Make Tax Return)

1. Paragraph 1 of Count 1 of this Indictment is hereby

realleged and incorporated as if set forth in full herein.

2. During the calendar year 2006, GIUSEPPE GIUDICE had and

received gross income of approximately $26,194.

3. Having received this income, GIUSEPPE GIUDICE was required

by law, following the close of calendar year 2006, and on or before

April 17, 2007, to make an income tax return to the Internal Revenue

Service stating specifically the items of his gross income and any

deductions and credits to which he was entitled.

4. On or about April 17, 2007, in the District of New Jersey,

and elsewhere, defendant

GIUSEPPE GIUDICE,

a/k/a "Joe Giudice,"

knowing and believing the foregoing facts, did knowingly and

willfully fail to make an income tax return to the Internal Revenue

Service.

In violation of Title 26, United States Code, Section 7203 and

Title 18, United States Code, Section 2.

29

Case 2:13-cr-00495-ES Document 1 Filed 07/29/13 Page 30 of 34 PageID: 30

COUNT 38

(Failure to Make Tax Return)

1. Paragraph 1 of Count 1 of this Indictment is hereby

realleged and incorporated as if set forth in full herein.

2. During the calendar year 2007, GIUSEPPE GIUDICE had and

received gross income of approximately $377,423.

3. Having received this income, GIUSEPPE GIUDICE was required

by law, following the close of calendar year 2007, and on or before

April 15, 2008, to make an income tax return to the Internal Revenue

Service stating specifically the items of his gross income and any

deductions and credits to which he was entitled.

4. On or about April 15, 2008, in the District of New Jersey,

and elsewhere, defendant

GIUSEPPE GIUDICE,

a/k/a "Joe Giudice,"

knowing and believing the foregoing facts, did knowingly and

willfully fail to make an income tax return to·the Internal Revenue

Service.

In violation of Title 26, United States Code, Section 7203 and

Title 18, United States Code, Section 2.

30

Case 2:13-cr-00495-ES Document 1 Filed 07/29/13 Page 31 of 34 PageID: 31

COUNT 39

(Failure to Make Tax Return)

1. Paragraph 1 of Count 1 of this Indictment is hereby

realleged and incorporated as if set forth in full herein.

2. During the calendar year 2008, GIUSEPPE GIUDICE had and

received gross income of approximately $25,·442.

3. Having received this income, GIUSEPPE GIUDICE was required

by law, following the close of calendar year 2008, and on or before

April 15, 2009, to make an income tax return to the Internal Revenue

Service stating specifically the items of his gross income and any

deductions and credits to which he was entitled.

4. On or about April 15, 2009, in the District of New Jersey,

and elsewhere, defendant

GIUSEPPE GIUDICE,

a/k/a "Joe Giudice,"

knowing and believing the foregoing facts, did knowingly and

willfully fail to make an income tax return to the Internal Revenue

Service.

In violation of Title 26, United States Code, Section 7203 and

Title 18, United States Code, Section 2.

31

Case 2:13-cr-00495-ES Document 1 Filed 07/29/13 Page 32 of 34 PageID: 32

FORFEITURE ALLEGATION

1. The allegations contained in this Indictment are hereby

realleged and incorporated by reference for the purpose of noticing

forfeiture pursuant to Title 18, United States Code, Sections

981(a) (1) (c) and 982(a) (2) (A), and Title 28, United States Code,

Section 2461(c).

2. The United States hereby gives notice to the defendants that

upon their convictions of the offenses charged in Counts One through

Eleven, and Thirteen through Thirty-Four, of this Indictment, the

government will seek forfeiture in accordance with Title 18, United

States Code, Sections 981 (a) (1) (c) and 982 (a) (2) (A) and Title 28,

United States Code, Section 2461(c), which requires any person

convicted of such offenses to forfeit any property constituting or

derived from proceeds obtained directly or indirectly as a result

of such offenses.

3.

If any of the above-described forfeitable property, as a

result of any act or omission of the defendants:

(a) cannot be located upon the exercise of due

diligence;

(b) has been transferred or sold to, or deposited

with, a third party;

(c) has been placed beyond the jurisdiction of the

court;

32

Case 2:13-cr-00495-ES Document 1 Filed 07/29/13 Page 33 of 34 PageID: 33

(d) has been substantially diminished in value; or

(e) has been commingled with other property which

cannot be divided without difficulty;

it is the intent of the United States, pursuant to Title 21, United

States Code, Section 853(p), as incorporated by Title 28, United

States Code, Section 2461(c) and Title 18, ·united States Code,

Section 982(b) (1), to seek forfeiture of any other property of such

defendants up to the value of the forfeitable property described in

paragraph 2.

A TRUE BILL

Pctut J. FiihAACLil/r~h.-

PAuL J. FISHMAN
United States Attorney

33

Case 2:13-cr-00495-ES Document 1 Filed 07/29/13 Page 34 of 34 PageID: 34

CASE NUMBER:

United States District Court

District of New Jersey

UNITED STATES OF AMERICA

v.

GIUSEPPE GIUDICE,

a/k/a "Joe Giudice," and

Teresa Giudice

INDICTMENT FOR

18 u.s.c. § 152(1)
18 u.s.c. § 152(2)
18 u.s.c. § 153(3)
18 u.s. c. § 157(3)
18 u.s.c. § 1014
18 u.s.c. § 1341
18 u.s.c. § 1343
18 u.s.c. § 1344
18 u.s. c. § 1349
26 u.s.c. § 7203

A True Bill 1

~---r---

C2 PAUL J. FISHMAN

U. S. ATTORNEY

NEWARK, NEW JERSEY

JONATHAN W. ROMANKOW

ASSISTANT U. S. ATTORNEY

973-645-2884

USA-48AD 8
(Ed. 1/97)

( r-·
-· I

'

)