Melanie Armstrong Senior Counsel to the Attorney General | New Jersey Department of Law and Public Safety
Melanie Armstrong Senior Counsel to the Attorney General | New Jersey Department of Law and Public Safety
Attorney General Matthew J. Platkin and the Office of Securities Fraud and Financial Crimes Prosecutions have announced the sentencing of Robert Herburger Jr., a resident of Newton, New Jersey. Herburger was sentenced to five years in state prison for his involvement in an international business email compromise scheme that netted over $1.2 million in stolen funds during 2017 and 2018.
State Superior Court Judge Stuart A. Minkowitz handed down the sentence at the Sussex County Judicial Center, which includes a 12-month period of parole ineligibility. Herburger had previously pleaded guilty to receiving stolen property, unlawful possession of an assault rifle, and certain persons not to possess weapons.
Attorney General Platkin stated, "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." He emphasized that such actions will not be tolerated in New Jersey.
Pablo Quiñones, Legal Chief of OSFFCP, commented on the case: "This defendant is being held accountable after taking a cut of money stolen from businesses through fraud." Quiñones reiterated the office's commitment to ensuring justice for white-collar criminals and aiding victims in recovering their losses.
The scheme involved fraudulent emails sent to businesses by suspects posing as trusted sources. These emails tricked employees into paying for services not rendered or disclosing sensitive information. Herburger admitted to creating fictitious businesses with associated bank accounts to receive stolen funds from these scams between November 3, 2017, and July 5, 2018.
The investigation identified ten business entities suffering financial losses due to Herburger's activities involving five bank accounts under his control. Victims included law firms, retailers, financial service providers, and private businesses.
In addition to his role in the email compromise scheme, Herburger admitted unlawful possession of an assault rifle despite being prohibited from owning firearms due to his criminal history.
Deputy Attorney General Michael Burke prosecuted the case with Division of Criminal Justice detectives conducting the investigation. Detectives involved included former Sgt. Kimberly A. Allen, Sgt. Jon Norcia, and Det. Lindsay Rajeski.
Defense Attorney Matthew J. Troiano represented Herburger from Einhorn Barbarito P.C., based in Denville, New Jersey.
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