Every choice theoretically has a consequence, but what happens when the state intercedes to prevent the fraud from being prosecuted? It’s an interesting conundrum for prosecutors.
Mr. Abdul Alquraishi is the owner of two convenience stores in Erie, Pennsylvania. They are modest businesses, but the defendant found a way to make them more profitable, at least for a while. He ran illegal operations out of both locations. However, the puzzling part from a legal point-of-view was that the operations were at different times.
The first time he was prosecuted was in 2006 after the U.S. Attorney’s Office shut down his store, in 2005.
According to Ed Palattella, Erie Times-News reporter (November 23, 2021):
“Samir’s Market [was] shut down in 2005 following a federal raid related to untaxed cigarettes… Alquraishi was indicted in 2006 and pleaded guilty in 2007 to trafficking in more than 1 million contraband untaxed cigarettes between 2003 and 2005. The U.S. Attorney’s Office said he made financial transactions with the untaxed money.”
At that time, the shop owner was sentenced to three years of probation with home detention. He was ordered to forfeit about $48,000.
No Lesson
Soon after, Alquraishi opened a new location called Lotto World Convenience. The government eventually swooped in on him again, but this time it was food stamp fraud. From 2010 to 2015, he conducted an illegal operation that resulted in a bit over $112,000 in losses to the government.
Given the prior crime that Alquraishi committed, the state said he deserved a prison sentence of up to 14 months said the Assistant DA:
“Alquraishi has learned nothing from his prior federal conviction. He relied on his son’s disability in that case to avoid a jail sentence. The same slap on the wrist should not be repeated here.”
However (and luckily for the defendant) the court-appointed federal public defender, successfully argued that “a sentence of probation fell within the guideline range.”
Here is where the defense rolled out an interesting array of weaponry. It came out that since his 2015 indictment, “[He] had received treatment for PTSD and bipolar disorder, and that he reformed his life.”
The disabled son again was used as part of the defense along with his bad back and the possibility of contracting COVID-19.
Alquraishi apparently had no back problems or PTSD when he and three co-conspirators exchanged food stamps for cash and shopped at Sam’s Club and Walmart in Summit Township.
Neither the main defendant nor his co-conspirators (who were employees at the store) received prison sentences. In fact, the government apparently lost their case to make the defendants to repay the $112,000.
As the second fraud case concluded, Abdul Alquraishi pleaded with the judge that he would never commit a crime like this again, and that he was a changed man. Other than home detention, he faced no other consequences.
A Case of No Oversite
I was not present in the courtroom and so I have no frame of reference to measure the strength of the defense’s argument against the seemingly weak attempt offered by the federal prosecutors.
In both cases, what is obvious are flaws in the way the government oversees the collection of tobacco taxes and the inability of the government to properly monitor its own food stamp program. While I understand that given the enormity of the food stamp system it is impossible to monitor the users, but from an ethical point of view, it seems logical to institute a basic training program to ensure compliance. The lack of oversite in this case, leads directly to rationalization.
We already know the defendant had a need for the money to support a lifestyle and presumably to support his disabled son, but what is fascinating here is now he might have rationalized committing fraud – twice. I believe it was his assumption that the government just did not care, that no one would miss the money and no one would check up on him a second time.
I believe in second chances, but too far, he has had several. It begs the question if he will try it again? Despite the defense he offered this past time, will he reform or revert back to another scam? It is an outcome well worth watching.
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