Press Release
BROWARD BUSINESSMAN AND ASSOCIATE SENTENCED ON FRAUD CHARGES
November 3, 2008
FOR IMMEDIATE RELEASE
R. Alexander Acosta, United States Attorney for the Southern District of Florida, Michael K. Fithen, Special Agent in Charge, United States Secret Service, Miami Field Office, and Amos Rojas Jr., Special Agent in Charge, Florida Department of Law Enforcement, announced that defendants Bruce Horner, 54, of Coral Springs, FL, was sentenced on Friday afternoon in federal court before United States District Court Judge Kenneth A. Marra in West Palm Beach. Horner had previously pled guilty to attempted bank fraud, in violation of Title 18, United States Code, Sections 1344 and 2, conspiracy to defraud multiple financial institutions and other businesses, in violation of Title 18, United States Code, Section 1349, and wire fraud, in violation of Title 18, United States Code, Section 1343.
Horner was sentenced to 90 months' imprisonment, to be followed by five years of supervised release. Horner was also ordered to pay $992,753.97 in restitution to various financial institutions, credit card companies, and other financial entities. This restitution amount included the fraud committed by Horner in the instant case, as well as other financial fraud committed by Horner, that were found to be relevant conduct by Judge Marra.
Horner's associate, co-defendant Arthur Bitterman, 26, of Greenacres, FL, was previously sentenced on October 3, 2008 by Judge Marra. Bitterman pled guilty to attempted bank fraud, in violation of Title 18, United States Code, Sections 1344 and 2. Bitterman was sentenced to three years' probation, including seven months of home detention, three years of supervised released, and a special assessment of $100. In addition, Bitterman was ordered to pay approximately $90,000 in restitution to a financial institution.
According to information presented at the hearings, Horner owned a restaurant in Tamarac, Florida. Between 2006 and 2008, Horner and Bitterman engaged in a scheme to defraud various financial institutions. To execute the scheme, Bitterman opened bank accounts for Horner at various financial institutions. After the accounts were opened, Horner would open a credit card terminal merchant account. Horner subsequently swiped unauthorized credit cards for large transactions, totaling more than $104,000. These proceeds would then be directly deposited into bank accounts that Horner controlled.
A related scheme, according to information presented to the Court, took place when Horner instructed Bitterman to close some of the previously opened bank accounts. Horner then opened another account at a different financial institution. Subsequently, Horner cashed fifty-nine checks at the new financial institution, totaling approximately $4.6 million. The checks were drawn on the previously closed accounts. Once the checks were cashed, Horner used the money to pay various creditors, co-defendant Arthur Bitterman, and personal expenses. When the checks from the closed accounts were ultimately returned for insufficient funds, Horner had already received and used the money, leaving the financial institution with a significant loss.
Mr. Acosta commended the investigative efforts of the United States Secret Service and the Florida Department of Law Enforcement. The case is being prosecuted by Assistant United States Attorney Randy Katz.
A copy of this press release may be found on the website of the United States Attorney's Office for the Southern District of Florida at http://www.usdoj.gov/usao/fls. Related court documents and information may be found on the website of the District Court for the Southern District of Florida at http://www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
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