Two Former Special Agents with the Department of Commerce’s Office of Inspector General Pleaded Guilty to False Claims for Relocation Expenses and Time and Attendance Fraud.

Two Former Special Agents with the Department of Commerce's Office of Inspector General Pleaded Guilty to False Claims for Relocation Expenses and Time and Attendance Fraud.
Two Former Special Agents with the Department of Commerce's Office of Inspector General Pleaded Guilty to False Claims for Relocation Expenses and Time and Attendance Fraud.

Greenbelt, Maryland – Today, two former Special Agents with the Office of Inspector General of the United States Department of Commerce, Rachel Ondrik, age 35, of Frederick, Maryland, and Kirk Yamatani, age 38, of Ashburn, Virginia, pleaded guilty to submitting false claims for relocation expenses. Ondrik is from Frederick, Maryland, and Yamatani is from Ashburn, Virginia.

As part of the conditions of their plea deals, Ondrik and Yamatani both tendered their resignations from their respective positions at the Department of Commerce on March 29, 2013.

Special Agents Ondrik and Yamatani Pleaded Guilty

Rod J. Rosenstein, who serves as the United States Attorney for the District of Maryland; Stephen E. Vogt, who serves as the Special Agent in Charge for the Federal Bureau of Investigation; and Todd Zinser, who serves as the Inspector General for the United States Department of Commerce, made the announcement of the guilty plea (DOC).

Inspector General Todd Zinser of the United States Department of Commerce stated that “today’s announcement is the result of significant efforts by the U.S. Attorney’s Office, the FBI, and my office to hold law enforcement agents accountable for years of criminal misconduct.

In addition to the fraud that was committed against the taxpayers of the United States, these now-former employees also retaliated by carrying out a destructive campaign of disparaging the Office of Inspector General (OIG) and making false allegations,” In addition, Mr Zinser said, “I would like to commend the United States Attorney’s Office and the FBI for their diligent efforts and perseverance in conducting this investigation.

Ondrik and Yamatani Relocated

According to the terms of their plea deals, Ondrik and Yamatani were relocated to the Department of Corrections Office of Inspector General’s (DOC OIG) Washington, District of Columbia office in the year 2009. Ondrik and Yamatani were given permission to receive relocation benefits, which included a trip to look for a new home, travel costs along the way, and living expenses for temporary quarters.

According to emails exchanged between Ondrik and Yamatani, both agents were aware of the rules that governed their relocations and the reimbursements for expenses related to those relocations; however, both agents attempted to secure payment from the DOC in amounts significantly exceeding what was authorised, and both agents submitted claims for relocation-related trips that they did not take.

For instance, Ondrik and Yamatani each claimed $4,058.75 and $3,589 for househunting trips, despite the fact that neither of them had actually gone househunting during the time period for which they requested reimbursement.

Ondrik and Yamatini each made a false claim for more than $1,500 in travel expenses to get to their new duty station, and they each made a false claim for reimbursement of living expenses in temporary quarters that was approximately three times the amount that they were authorised to receive.

Both Ondrik and Yamatani are responsible for the submission of at least three fraudulent vouchers, asking for a total of $39,563.25 and $36,305.57, respectively, in total reimbursement. Ondrik and Yamatani persisted in submitting claims for reimbursement despite the fact that their requests were initially turned down on the basis that the costs exceeded what was permitted by the travel regulations.

Ondrik and Yamatani lied about the circumstances surrounding their reimbursement claims on multiple occasions between 2009 and 2011, including when they reaffirmed the earlier false statements that were made in their vouchers and when they made new false statements.

Ondrik and Yamatani also committed time and attendance fraud against DOC OIG between June 2009 and February 2011, claiming to have worked hours that they did not actually work. This occurred between the dates of June 2009 and February 2011. A loss of approximately 14,000 dollars was incurred by the government as a direct result of the actions of each defendant.

Ondrik and Yamatani will each be sentenced to a term of probation and ordered to pay a fine of $28,000 if the court accepts the plea agreement, as the defendants and the government have reached an agreement regarding the terms of the agreement. In addition, the government is entitled to receive a restitution payment of $14,000 from each of the defendants. A sentencing hearing is scheduled to take place on June 19, 2013, at 2:30 p.m., before U.S. Magistrate Judge Charles B. Day.

The United States Attorney for the District of Columbia, Rod J. Rosenstein, lauded the work that the FBI and DOC OIG had done during the investigation. Mr. Rosenstein expressed his gratitude to Adam K. Ake and Robert K. Hur, the Assistant United States Attorneys who are leading the prosecution of the case.

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