Mastermind of Multi-Million-Dollar Naval Fraud Scheme Sentenced to 10 Years in Federal Prison

PROVIDENCE, RI—Ralph M. Mariano, 55, of Warwick, Rhode Island, and South Arlington, Virginia, a former senior systems engineer with the United States Navy’s Naval Sea Systems Command (NAVSEA) in Newport, Rhode Island, and Washington, D.C., was sentenced in U.S. District Court in Providence, Rhode Island, to 120 months in prison for masterminding a kickback scheme that defrauded the U.S. Navy of nearly $18 million dollars. Mariano pleaded guilty in May 2013 to conspiracy and theft of government funds. At the time of his guilty plea, Mariano admitted to the court that from 1999 to 2011 he used his position at NAVSEA to direct Russell Spencer, a computer software specialist in Rhode Island, to submit millions of dollars in fraudulent invoices to Navy contractor Advanced Solutions for Tomorrow (ASFT), a now-defunct Roswell, Georgia and Middletown, Rhode Island company and to ASFT subcontractors. Mariano admitted that he directed ASFT and ASFT subcontractors to pay Spencer the full amount of the invoices with government funding ASFT received from the U.S. Navy. The invoices, processed by Patrick Nagle, chief financial officer of ASFT, totaled approximately $17,957,000. Mariano admitted that he directed Spencer to distribute the funds to Mariano and to individuals close to him and that he received approximately $3 million dollars in checks beginning in 2003 and bi-weekly $3,500 cash payments from 2004 to 2011. U.S. Attorney Peter F. Neronha commented, “Nothing does more to erode trust in government than when a public official acts not in the public’s interest but in his own. Mr. Mariano, whose sole obligation was to the United States Navy and, more broadly, to the taxpayers, instead served only himself and his associates, committing fraud on a massive scale. He spent millions of dollars of taxpayer money in every conceivable way, money that otherwise would have been used to protect the people of this nation. His actions are indefensible, and he deserves every minute of the lengthy sentence he received today.” At the time of his guilty plea, Mariano admitted to the court that in addition to the money he received, at his direction $2,567,028 was paid to his father, Ralph Mariano, Jr.; $1,692,650 was paid to his brother, Joseph Mariano, and to his companies; $207,900 was paid to a veterinary laboratory company controlled by his sister, Michelle Mariano; $2,446,445 was paid to private entities controlled by Anjan Dutta-Gupta, CEO of ASFT; and $478,880 was paid to a company owned by Attorney Mary O’Rourke, of Warwick, Rhode Island. In addition to pleading guilty to conspiracy and theft of government funds, Ralph Mariano also pleaded guilty to one count of tax evasion. Mariano admitted that from 2006-2009, he failed to report $1,864,910 in income he received from Russell Spencer and that he failed to pay $726,650 in taxes to the IRS. At sentencing, U.S. District Court Chief Judge Mary M. Lisi ordered Mariano to make restitution to the U.S. Navy in the amount of $17,957,000; to pay a $10,000 fine; and to serve three years of supervised release upon completion of his imprisonment. Mariano was ordered to self-surrender to the Bureau of Prisons by November 26, 2013. Anjan Dutta-Gupta, 60, of Roswell, Georgia, who pleaded guilty on April 28, 2011, to one count of bribery, is scheduled to be sentenced on December 4, 2013; Russell Spencer, 59, of Portsmouth, Rhode Island, who pleaded guilty on July 25, 2012, to one count of conspiracy to commit bribery and on April 19, 2012, to one count of lying to the FBI, is scheduled to be sentenced December 5, 2013; Patrick Nagle, 52, of Marietta, Georgia, who pleaded guilty on September 13, 2011, to one count of conspiracy to commit bribery, is scheduled to be sentenced on November 15, 2013; Mary O’Rourke, 50, of Warwick, Rhode Island, who pleaded guilty on May 30, 2013, to one count of theft of government property, will be sentenced on December 5, 2013. Ralph Mariano, Jr., 82, of North Providence, Rhode Island, who pleaded guilty on May 15, 2013, to four counts of tax evasion, was sentenced on August 16, 2013, to four years of probation.