College Scholarship Fraud Prevention 

Act of 2000 

Annual Report to Congress 

U.S. Department of Education 

U.S. Department of Justice 

Federal Trade Commission 
COLLEGE SCHOLARSHIP FRAUD PREVENTION ACT OF 2000

ANNUAL REPORT TO CONGRESS

U.S. Department of Education

U.S. Department of Justice

Federal Trade Commission

2012

U.S. Department of Education

Arne Duncan

Secretary

U.S. Department of Justice

Eric H. Holder, Jr.

Attorney General

Federal Trade Commission

Jon Leibowitz

Chairman

November 2012

This report is in the public domain. Authorization to reproduce it in whole or in part is granted. 

While permission to reprint this publication is not necessary, the citation should be: U.S. 

Department of Education, U.S. Department of Justice, and Federal Trade Commission, College 

Scholarship Fraud Prevention Act of 2000, Annual Report to Congress, Washington, D.C., 2012. 

To obtain copies of this report, write to: U.S. Department of Education, Office of Legislation 

and Congressional Affairs, 400 Maryland Ave. S.W., Washington, DC 20202.

This report is also available on the Department of Education’s website at 

www.fsa4counselors.ed.gov/clcf/scams.html.
ii

On request, this publication is available in alternate formats, such as Braille, large print, or 

computer diskette. For more information, please contact the Department of Education’s 

Alternate Format Center at 202-260-0852 or 202-260-0818.

Notice to Limited English Proficient Persons

If you have difficulty understanding English you may request language assistance services for 

Department information that is available to the public. These language assistance services are 

available free of charge. If you need more information about interpretation or translation 

services, please call 1-800-USA-LEARN (1-800-872-5327) (TTY: 1-800-437-0833), or email us 

at: ed.language.assistance@ed.gov. 

Or write to:

U.S. Department of Education

Information Resource Center

LBJ Education Building

400 Maryland Ave. SW

Washington, DC 20202
iii

Contents

Executive Summary ...............................................................................................................................................1

I. Introduction .................................................................................................................................................2

II. Implementation of the College Scholarship Fraud Prevention Act of 2000....................................................3

A. Amendments to Sentencing Guidelines...........................................................................................................3

B. National Awareness Activities.........................................................................................................................3

1. Department of Education National Awareness Activities ..........................................................................3

2. Federal Trade Commission Consumer Education and Outreach Efforts....................................................4

III. Nature and Quantity of Incidents of Financial Aid Fraud ..............................................................................4

A. Overview of Financial Aid Fraud......................................................................................................................4

B. Assessment of Current Levels of Fraud............................................................................................................5

1. FTC Complaint Database.............................................................................................................................6

2. Department of Education Complaint Monitoring ......................................................................................7

a. Complaints to the Department of Education’s FSAIC..................................................................................7

b. Complaints to the Federal Student Aid Ombudsman Group and Other Federal Student Aid Divisions .....8

c. Complaints to the Department of Education’s Office of Inspector General................................................9

C. Department of Education Financial Aid Fraud Prevention Program ...............................................................9

1. Consultative Services..................................................................................................................................9

2. Nonfederal Private Student Loans..............................................................................................................9

3. Preferred Lender Disclosure .....................................................................................................................10

4. Institutional Code of Conduct...................................................................................................................11

5. Program Integrity in Federal Student Aid Programs.................................................................................12

a. Misrepresentation ...............................................................................................................................12

b. Incentive Compensation ......................................................................................................................13

D. FTC’s Financial Aid Fraud Prevention Program..............................................................................................14

E. DOJ’s Financial Aid Fraud Prevention Program .............................................................................................15

IV. Conclusion .................................................................................................................................................. 20

Appendixes.......................................................................................................................................................... 21

A. Fraud Awareness Websites ...........................................................................................................................21

B. FTC’s Consumer Sentinel Network Complaints..............................................................................................22

Endnotes.............................................................................................................................................................. 23
1

Executive Summary

Millions of U.S. high school graduates and their families look for ways to finance the 

costs of a college education. In the process, they sometimes are either victimized by, or 

unwittingly participate in, federal student financial aid fraud. To help students and their families

avoid deception, Congress passed the College Scholarship Fraud Prevention Act of 2000, P. L. 

106-420, and it was signed into law on November 1, 2000. This act established stricter 

sentencing guidelines for criminal financial aid fraud and charged the U.S. Department of 

Education (ED), working in conjunction with the Federal Trade Commission (FTC), with 

implementing national awareness activities, including a financial aid fraud awareness page on 

ED's website. The act also required that the attorney general and the secretary of education, in 

conjunction with the FTC, submit to Congress each year a report on the previous calendar year’s 

incidence of fraud (―scholarship scams‖) by businesses or individuals marketing financial aid 

assistance services to consumers. This is the 2012 report, which covers the agencies’ fraud 

prevention activities in calendar year 2011.

ED and the FTC have continued their consumer education efforts. Using a variety of 

media, including websites, booklets, brochures, flyers, posters, and bookmarks, ED and the FTC 

disseminate information to help consumers avoid financial aid scams. ED materials also provide 

information about the major federal student aid programs. The materials remind students that 

there is no fee to submit the Free Application for Federal Student Aid (FAFSA) and that free 

assistance when applying for aid is available from ED, high school counselors, and college 

financial aid administrators. ED’s recent negotiated rulemaking efforts focus on protections 

against fraudulent misrepresentation. 

Complaints about scholarship scams have decreased since enactment of the legislation. 

In recent years, other financial aid-related consumer protection issues, such as the potential 

impact of predatory lenders on student borrowers and the charging of fees for assistance in 

completing the FAFSA, have caused more concern for students and families. The FTC, the 

Department of Justice (DOJ), and ED’s Office of Inspector General (OIG) continue to monitor 

all scholarship scam and comparable complaints to determine when enforcement action is 

necessary. 

DOJ brought numerous criminal actions in 2011 against individuals engaged in financial 

aid fraud against ED’s federal student aid programs; there were none that involved scholarship 

scams targeting students. The FTC and DOJ will continue to coordinate parallel civil and 

criminal actions in appropriate cases.
2

I. Introduction

Families lose money to fraudulent financial aid schemes every year. To help federal 

agencies combat such scams, Congress passed the College Scholarship Fraud Prevention Act of 

2000, P. L. 106-420, and it was signed into law on November 1, 2000. The act required that the 

U.S. Sentencing Commission establish stronger sentencing guidelines for higher education 

financial assistance fraud. It also directed the secretary of education, working in conjunction 

with the Federal Trade Commission (FTC), to implement national awareness activities, including 

a financial aid fraud awareness site on the Department of Education’s website. The act further 

required that the attorney general and the secretary of education, in conjunction with the FTC, 

submit a report to Congress each year on fraud by businesses or individuals that market and sell 

advice or assistance to students and parents seeking financial aid for higher education.

The Department of Education (ED), the Department of Justice (DOJ), and the FTC 

prepared this report according to the act’s directive. Building on previous reports,

1

this report provides an update of the activities of DOJ, ED, and the FTC to combat financial aid 

fraud, and an assessment of the nature and level of financial aid fraud during calendar year 2011, 

unless otherwise noted.
3

II. Implementation of the College Scholarship Fraud Prevention Act of 2000

A. Amendments to Sentencing Guidelines

As discussed in previous reports, the U.S. Sentencing Commission amended the 

sentencing guidelines, effective November 1, 2001, to include enhanced penalties for financial 

aid fraud. Specifically, it amended Section 2B1.1(b)(7)(D)2of the sentencing guidelines to add a 

provision raising the relevant offense level by two levels if the crime involved misrepresentation 

to a consumer in connection with obtaining, providing, or furnishing financial assistance for 

attending an institution of higher education. There were no cases reported in Fiscal Year 2011 in 

which the sentencing enhancement was imposed.

B. National Awareness Activities

1. Department of Education National Awareness Activities

ED continues to provide consumer education products and engage in outreach efforts to 

increase awareness of financial aid fraud. The primary education product on this topic is the 

Web page ―Avoiding Scams‖ at www.studentaid.ed.gov/types/scams. The Web page lists free 

resources that provide information about financial aid and warns students about financial aid 

scams. As discussed in more detail in prior reports, ED also publishes booklets and fact sheets 

that provide fraud prevention information to consumers. Printed publications with scam 

warnings distributed in 2011 totaled approximately 1.2 million copies. Visits to ED’s 

StudentAid.gov website, which hosts the online versions of the publications, numbered more 

than 28 million in 2011. ED's Office of Inspector General (OIG) also hosts a fraud awareness 

website with scholarship scam information. The site, www.ed.gov/misused, registered more than 

1,900 visits in 2011.

ED outreach activities include numerous presentations to high school- and college-age 

students, parents, counselors, college financial aid administrators, professional higher education 

associations and advocacy groups. Staff members make an effort to include, at a minimum, a 

brief warning about financial aid fraud in each workshop. ED also included a session specific to 

distance education fraud rings at its 2011 FSA Conference. 

To stay aware of issues concerning various audiences, ED staff members monitor online 

communities (listservs) directed to professionals (such as high school or college access 

counselors) involved in helping students obtain financial aid. List members sometimes post 

messages asking or warning about companies charging fees for aid or information about aid. In 

response to such messages, ED staff members occasionally post reminders to a total of more than 

5,000 listserv members that students can receive free advice from college financial aid 

administrators and from ED (as well as from high school counselors and other college access 

professionals). 
4

2. Federal Trade Commission Consumer Education and Outreach Efforts

The FTC conducts an ongoing project, Project Scholarscam, to prosecute and prevent 

scholarship fraud. Initiated in 1996, it includes both law enforcement efforts and a consumer 

education campaign to help students, parents, educators, and financial aid administrators 

identify, and avoid, financial aid scams. The FTC’s consumer education campaign includes a 

package of consumer education materials, a website (www.consumer.ftc.gov/articles/0082-

scholarship-and-financial-aid-scams), as well as a consumer alert and bookmark. The website

contains comprehensive information about financial aid scams and ways consumers can avoid 

fraudulent marketing schemes. The consumer alert and bookmark include abbreviated 

information from the website and tips to help consumers avoid financial aid scams.

To reach the largest number of at-risk consumers, the FTC developed partnerships with 

public and private organizations, including the National Association for College Admission 

Counseling. From October 1996 through December 2011, the FTC and its partners distributed 

over 3.75 million print publications, and the FTC had more than 1.2 million visits to its financial 

aid consumer education website. In calendar year 2011, the FTC distributed 69,200 print 

publications and had nearly 55,000 visits to the website (www.consumer.ftc.gov/articles/0082-

scholarship-and-financial-aid-scams).

Continuing the partnership between ED and the FTC, ED’s 2012–13 Counselors and 

Mentors Handbook includes a fact sheet based on the FTC’s consumer publication, Don’t get 

scammed on your way to college!, as well as numerous other sources of information on avoiding 

financial aid scams. ED’s StudentAid.gov website and the FTC’s microsite, 

www.consumer.ftc.gov/articles/0082-scholarship-and-financial-aid-scams, are also cross-linked

to provide consumers with all the information available from the agencies.

III. Nature and Quantity of Incidents of Financial Aid Fraud

A. Overview of Financial Aid Fraud

As discussed in previous reports, financial aid scam operators generally promise that their 

services will ensure that students receive either a scholarship or more financial aid than students 

and parents could get on their own. Other typical claims include: (1) Millions (in some cases 

billions) of dollars of scholarships go unclaimed every year, with promises to get the student his 

or her fair share of them; (2) The advertiser has extremely high success rates, including 

―testimonials‖ from satisfied customers; (3) The advertiser is endorsed or approved by a federal 

or state agency, a chamber of commerce, or a Better Business Bureau; and (4) More recently,

through suggestive imaging or language, the company communicates that it has an affiliation 

with ED. In fact, although they charge fees ranging from $50 to more than $1,000, these 

operators provide few, if any, services to help students and their families find financial aid.

The College Scholarship Fraud Prevention Act of 2000 was enacted at a time when 

scholarship scams were prevalent. This report addresses the ongoing efforts to minimize such 
5

scams. In recent years, however, other financial aid-related consumer protection issues, such as 

the potential impact of predatory lenders on student borrowers and the charging of fees for 

assistance in completing the FAFSA, have increasingly become the focus of students, parents, 

schools, and the general public. ED, the FTC, and Congress have taken steps to attempt to 

combat financial aid-related abuses of individual students. Similarly, the cases prosecuted by 

DOJ reflect the prevalence of a broader universe of schemes to defraud federal student financial 

aid programs, including fraudulent applications solicited and submitted by corrupt financial aid 

officers and sham applications for assistance in the name of unaware student victims.

In 2008, ED and the FTC collaborated on the publication Student Loans: Avoiding 

Deceptive Offers to alert potential borrowers to deceptive lending practices. The publication is 

available through the FTC’s and ED's consumer protection www.consumer.ftc.gov/articles/0082-

scholarship-and-financial-aid-scams

ED and the FTC will continue to work together to educate and protect students and their 

families. For instance, ED's Federal Student Aid (FSA) compliance office can now access 

information in the FTC’s Consumer Sentinel Network3about complaints against schools and use 

the information to better target limited program review resources. ED is also able to enter 

information on complaints that it receives against particular schools into the Consumer Sentinel 

Network. In addition, ED and the FTC have been working together to clarify their guidance to 

business and consumers to ensure that both agencies are sending a consistent message about 

what constitutes a deceptive practice or a misrepresentation, so that students and parents can 

make informed choices based on reliable information. 

ED continues to expand its efforts on behalf of consumers. In 2010, FSA established the 

Customer Experience (CE) office, a new unit to serve as the focal point in representing the 

customer view. An ongoing assessment of how well needs can be, and are being, met at all 

points of the federal student aid process will focus partly on financial literacy and consumer

issues. Like the FTC, ED is also working with the new Consumer Financial Protection Bureau 

on protections for student loan borrowers and overall consumer issues associated with higher 

education. The agencies’ combined efforts can expand consumer awareness and enforcement 

activities. 

B. Assessment of Current Levels of Fraud

Both the FTC and ED receive financial aid-related complaints from consumers. The FTC 

reviews complaints in its Consumer Sentinel Network to assess the current levels of financial aid 

fraud, while ED reviews complaints received by the Federal Student Aid Information Center 

(FSAIC) and other call centers, its OIG, and its Ombudsman Group.
6

1. FTC Complaint Database

The FTC has been monitoring consumer complaints related to financial aid fraud for over 

a decade. (The FTC’s database does not distinguish between complaints related specifically to 

scholarship scams and complaints about other types of financial aid fraud or education-related 

complaints.) During calendar year 2011, the FTC received 501 financial aid-related complaints 

directly from consumers to its Consumer Sentinel Network.

4

To evaluate the extent of financial 

aid fraud, it is useful to place the raw numbers of complaints in the context of all fraud 

complaints received by the FTC on a yearly basis. During calendar year 2011, the FTC received 

a total of 525,622 fraud-related complaints to its Consumer Sentinel Network; thus, financial aidrelated complaints amounted to less than one-tenth of 1 percent of fraud complaints received. 

Figure 1 shows the ratio of financial aid-related complaints to total fraud complaints in the 

FTC’s Consumer Sentinel Network from 1996 to 2011.

 Source: FTC Consumer Sentinel Network, 2012.

The ratio of financial aid-related complaints to all fraud complaints received by the FTC 

has been generally diminishing since 1996, and has remained relatively flat over the past seven 

years. As discussed in prior reports, however, raw complaint and inquiry numbers are an 

imperfect gauge of the extent of fraudulent activities. For example, certain types of fraud may be 

underreported, whereas in other instances the raw numbers may overstate the extent of the 

fraud.

5

 Nevertheless, the FTC’s law enforcement and consumer education campaign (which 

began in 1996), as well as ED’s national awareness activities, may be contributing to the 

proportionally lower complaint figures.

The Consumer Sentinel Network is a useful tool, not only to estimate the extent of 

scholarship fraud but also to assess the nature of financial aid fraud and identify possible targets 

for law enforcement action. Prior reports noted that the nature of financial aid fraud has changed 

over time. A decade ago, the majority of complaints received by the FTC concerned 

telemarketing fraud by bogus scholarship search firms. In more recent years, many complaints 

0.000%

0.100%

0.200%

0.300%

0.400%

0.500%

0.600%

0.700%

0.800%

0.900%

1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011

Percentage

Year

Figure 1: Ratio of Financial Aid-Related Complaints to 

Total Fraud Complaints, 1996-2011
7

involved financial aid consulting firms that promised customized, comprehensive financial 

planning to maximize the students’ financial aid eligibility. A review of the complaints suggests 

that the pendulum may be swinging back, as many complaints again involve bogus scholarship 

and grant search firms. A review of the complaints also indicates an expansion of the types of 

media through which financial aid fraud occurs. A decade ago, the majority of complaints 

involved telemarketing. Recent complaints indicate that fraudsters use an equal mix of 

telemarketing, direct mail, and the Internet (both websites and email) to solicit consumers.

The FTC also monitors complaints in the Consumer Sentinel Network to identify possible 

targets for law enforcement action. The FTC typically investigates companies or individuals that 

generate a sufficient number of complaints to indicate a pattern or practice of deceptive or 

fraudulent conduct. The complaints filed in 2011 were against many different companies and do 

not indicate a pattern or practice of fraud by any one company. The FTC will continue to 

monitor these and other companies, however, for possible law enforcement actions.

2. Department of Education Complaint Monitoring

ED also receives written and telephone complaints about scholarship scams, and financial 

aid fraud in general. The number of complaints made to ED may appear small in comparison to 

the number received by the FTC; however the FTC’s database does not distinguish between 

complaints related specifically to scholarship scams and complaints about other types of 

financial aid fraud or education-related complaints. Collaboration between the agencies is a key 

element in addressing student aid fraud.

Scholarship fraud complaints are submitted to ED via two primary avenues: the FSAIC 

and the OIG. In 2011, the FSAIC and OIG received a total of five fraud complaints (all to the 

OIG) relevant to this report. This number represents a small decrease from the 2010 total of 

seven. The FSA Ombudsman Group and other call centers also report receiving occasional 

complaints about financial aid scams. These call centers refer callers to the FSAIC, OIG, or the 

FTC’s Consumer Sentinel Network, as appropriate, and collaborate with external groups to 

promote awareness regarding higher education financing. For example, a student loan borrower 

contacted the Ombudsman Group (via the OIG) about a company that had alluded to working 

closely with ED and charged her a fee to consolidate federal student loans. The Ombudsman 

Group added language to its website cautioning individuals about doing business with companies 

that charge fees and suggest that they have a relationship with ED.

a. Complaints to the Department of Education’s FSAIC

Part of the Federal Student Aid (FSA) Customer Experience (CE) office, the FSAIC has 

two sections: the correspondence unit and the telephone hotline (1-800-4-FED-AID).

In 2011, as in 2010, the correspondence unit received no written complaints regarding 

scholarship fraud. 
8

The FSAIC’s hotline received one call in 2011 (there were no complaint calls in 2010) 

from a consumer who believed her son, a student, had been the target of financial aid scammers. 

A woman called the student and identified herself as a representative of the ―Federal Grant 

Department.‖ The caller said that if the student sent a $200 deposit via Western Union, he would 

receive $8,000 in return, resulting in a net $7,800 grant. The student’s mother informed the 

FSAIC, and the FSAIC’s customer service representative referred the case to the FTC’s 

Consumer Sentinel Network. 

The FSAIC also occasionally receives complaints about websites charging students a fee 

to submit the FAFSA.6These complaints, like the scholarship fraud complaints, have declined 

over the years. In 2011, the FSAIC received four complaints about such a website (and the OIG 

received one). The Higher Education Act of 1965 (HEA) allows an applicant to use a preparer 

for consultative or preparation services to complete a paper or electronic FAFSA. If an applicant 

uses a preparer for these services and a fee is charged for them, the preparer must include, at the 

time the FAFSA is submitted to ED, the preparer’s name, address or employer’s address, Social 

Security Number or employer identification number, and organizational affiliation on the 

applicant’s form, and is subject to the same penalties as an applicant for purposely giving false or 

misleading information in the application. A preparer must clearly inform each individual upon 

initial contact, including contact through the Internet or by telephone, that the FAFSA is a free 

form that may be completed without professional assistance via paper or electronic versions 

provided by ED. The preparer must also include this information in any advertising. If the 

preparer advertises or provides any information or services through a website, the preparer must 

include on the website a link to ED's website that provides the electronic version of the FAFSA 

and must not produce, use, or disseminate any other form for the purpose of applying for federal 

student aid other than the FAFSA developed by ED. See C. below.

b. Complaints to the Federal Student Aid Ombudsman Group and Other Federal Student 

Aid Divisions

As a separate division within FSA’s CE office, the Ombudsman Group sometimes 

receives complaints alleging financial aid fraud. Noted earlier was a complaint about a company 

charging to consolidate and help manage federal student loans. The company used imaging and 

language to suggest an affiliation with ED. Occasional complaints about fees to complete the 

FAFSA or about possible misrepresentation by schools are referred to FSAIC and OIG, and 

complainants are notified of FTC’s online complaint processes. Units within CE also monitor 

incoming correspondence and coordinate with other FSA offices to alert students to potential 

scams.
9

c. Complaints to the Department of Education’s Office of Inspector General

OIG maintains a hotline (1-800-MIS-USED) and email address (oig.hotline@ed.gov) for 

complaints relating to fraud, waste, and abuse involving ED funds. Complaints also may be 

submitted by mail, via the www.ed.gov/misused website, or directly to OIG headquarters or field 

offices across the country. Although OIG receives thousands of complaints related to financial 

aid fraud annually, it receives very few related to scholarship scams. OIG staff reported five

such complaints for 2011. Three of these complaints were referred to the FTC’s Consumer 

Sentinel Network and two to FSA for appropriate handling.

C. Department of Education Financial Aid Fraud Prevention Program

1. Consultative Services

The Higher Education Opportunity Act (HEOA), P.L. 110-315, enacted on August 14, 

2008, emphasizes consumer awareness and education. The HEOA amended the HEA by adding 

strong protections for students and their families related to persons and entities providing student 

aid consultative or preparation services. The HEA now requires that paid preparers, in addition 

to disclosing their identity on the FAFSA, provide notice that the FAFSA is a free form, and that 

any websites used by the preparer contain a link to the Department of Education’s FAFSA 

website. The HEA now also restricts use of an individual’s Federal Student Aid PIN (a personal 

identification number used to sign an applicant’s FAFSA), specifying that no person, commercial 

entity, or other entity may request, obtain, or utilize an applicant’s PIN for purposes of 

submitting a FAFSA on behalf of the applicant.

2. Nonfederal Private Student Loans

The HEOA added a requirement to the Truth in Lending Act (TILA) (Section 128(e)(3)) 

providing that, before a private education lender may consummate a private education loan for a 

student in attendance at an institution of higher education, that lender must obtain a completed 

and signed self-certification form from the applicant. The Federal Reserve Board’s Final 

Regulations published on August 14, 2009, incorporate this new requirement at 12 CFR § 

226.48(e). The HEOA also added Section 487(a) (28) to the HEA. Under that section, an 

institution participating in Title IV HEA programs must provide, at the request of an applicant for 

a private education loan, the self-certification form required under Section 128(e)(3) of the TILA. 

ED’s Final Regulations, published on October 28, 2009, incorporate this new requirement at 34 

CFR §§ 601.11(d) and 668.14(b) (29). 

Effective February 14, 2010, at the request of an enrolled or admitted student applicant 

for a private education loan (or from a loan applicant who is a parent of an enrolled or admitted 

student), an institution must provide the self-certification form to the applicant with the 

information requested in Section 2 of the form, to the extent that the institution possesses the 
10

information. Section 2 of the self-certification form requests the following information: the 

student’s cost of attendance (COA) for the period of enrollment covered by the loan; any 

estimated financial assistance (EFA) for the period of enrollment covered by the loan; and the 

difference between the COA and EFA. An institution may post an exact copy in Portable 

Document Format (PDF) of the self-certification form on its website for applicants to download,

or it may provide a paper copy of the self-certification form directly to an applicant through its 

financial aid or other designated office. 

Alternatively, the applicant may obtain a copy of the self-certification form from the 

private education lender and submit it to the institution for completion or confirmation. An 

institution may also opt to provide the information needed to complete the form directly to a 

private education lender. An institution is not required to track the status of the private education 

loan after providing the self-certification form to the applicant or to the private lender. In 

accordance with 34 CFR § 668.14(b) (29) (ii), an institution must, upon the request of the 

applicant, discuss the availability of federal, state, and institutional financial aid.

Legislation creating the Consumer Financial Protection Bureau (CFPB) called for ED and 

CFPB to publish a report on private student loans. The agencies began work on the report in 

2011 for 2012 publication. Expected publication date is August 15, 2013.

3. Preferred Lender Disclosure 

Some higher education institutions participate in preferred lender arrangements under 

which the institution recommends, promotes, or endorses the education loan products of one or 

more lenders. A preferred lender arrangement does not include arrangements or agreements with 

respect to loans made under the Direct Loan Program. The HEOA amended the HEA by adding 

new disclosure requirements and a code of conduct for institutions that participate in preferred 

lender arrangements, with implementing regulations at 34 CFR §601.10 and 34 CFR §601.21, 

respectively. These requirements apply to preferred lender arrangements for both Federal 

Family Education Loan (FFEL) Program lenders and private education loan lenders. However, 

because the SAFRA Act (Subtitle A, Title II of P.L. 111-152) terminated the authority of lenders 

to make new loans under the FFEL program effective July 1, 2010, these requirements now 

apply, as a practical matter, only to preferred lender arrangements for private education loan 

lenders. 

An institution of higher education, or an affiliated organization, that participates in a 

preferred lender arrangement must disclose the information that the Board of Governors of the 

Federal Reserve System requires to be disclosed under Section 128 of TILA. This information 

must be disclosed for each type of private education loan offered pursuant to a preferred lender 

arrangement of the institution to students of the institution or the families of students. The 

institution must make such disclosures on its website and in all informational materials that 

describe or discuss private education loans. If an institution compiles, maintains, and makes 

available a preferred lender list, the institution must clearly and fully disclose (1) why the 

institution participates in a preferred lender arrangement with each lender on the list, particularly 

with respect to terms and conditions or provisions favorable to the borrower, and (2) that the 
11

students attending the institution, or the families of such students, do not have to borrow from a 

lender on the preferred lender list. If the institution recommends, promotes, or endorses private 

education loans, there must be at least two lenders of private education loans that are not 

affiliates of each other included on an institution’s preferred lender list. The preferred lender list 

must:

 indicate, for each listed lender, whether the lender is or is not an affiliate of each other 

lender on the list and describe the details of any such affiliation; and

 disclose the method and criteria used by the institution in selecting lenders with which to 

participate in preferred lender arrangements to ensure that such lenders are selected on the 

basis of the best interests of the borrowers, including

o payment of origination or other fees on behalf of the borrower;

o highly competitive interest rates, or other terms and conditions or provisions of 

HEA Title IV program loans or private education loans;

o high-quality servicing for such loans; or

o additional benefits beyond the standard terms and conditions or provisions for 

such loans.

4. Institutional Code of Conduct

An institution of higher education that participates in a preferred lender arrangement must 

develop a code of conduct with regard to private education loans with which the institution’s 

agents must comply. The code of conduct must

 prohibit a conflict of interest with the responsibilities of an agent of an institution with 

respect to private education loans; 

 be published prominently on the institution’s website; and

 be administered and enforced by the institution by, at a minimum, requiring that all of the 

institution’s agents with responsibilities with respect to private education loans be annually 

informed of the provisions of the code of conduct. 

An institution’s code of conduct must prohibit revenue-sharing arrangements with any 

lender and must prohibit employees of the financial aid office from receiving gifts from a lender, 

a guarantor, or a loan servicer. Agents who are employed in the financial aid office of the 

institution, or who otherwise have responsibilities with respect to private education loans, must 

not solicit or accept any gift from a lender, guarantor, or servicer of private education loans. A 

gift includes any gratuity, favor, discount, entertainment, hospitality, loan, or other item having a 

monetary value of more than a de minimus amount. The term includes a gift of services, 

transportation, lodging, or meals, whether provided in kind, by purchase of a ticket, payment in 

advance, or reimbursement after the expense has been incurred. An agent who is employed in 

the financial aid office of the institution, or who otherwise has responsibilities with respect to 

private education loans, must not accept from any lender or affiliate of any lender any fee, 

payment, or other financial benefit (including the opportunity to purchase stock) as 

compensation for any type of consulting arrangement or other contract to provide services to a 

lender, or on behalf of a lender, relating to private education loans. 
12

Under the code of conduct, an institution may not direct borrowers to particular lenders 

or delay loan certifications. The institution must not assign, through award packaging or other 

methods, a first-time borrower’s loan to a particular lender or refuse to certify, or delay 

certification of, any loan based on the borrower’s selection of a particular lender. Finally, an 

institution must not request or accept from any lender any offer of funds to be used for private 

education loans, including funds for an opportunity pool loan, to students in exchange for the 

institution providing concessions or promises regarding providing the lender with a specified 

number of private education loans, a specified loan volume of such loans, or a preferred lender 

arrangement for such loans.

5. Program Integrity in Federal Student Aid Programs 

ED announced on September 9, 2009 (74 Fed. Reg. 46399) the intent to establish two 

negotiated rulemaking committees to prepare proposed regulations to maintain or improve 

program integrity in the Title IV HEA programs. 

During negotiations from November 2009 to January 2010, the Program Integrity 

Committee reviewed and discussed multiple drafts of proposed regulations, under protocols

providing that consensus had to be achieved on all amendments. At the final meeting in January 

2010, the committee did not reach consensus, which left the secretary of education free to 

regulate as he believed appropriate to protect the interests of students and taxpayers. 

The secretary issued proposed regulations on the program integrity provisions (75 Fed. 

Reg. 34806) on June 18, 2010. After carefully reviewing the nearly 1,200 public comments, the 

secretary finalized the program integrity regulations on October 29, 2010 (75 Fed. Reg. 66832). 

Of the 14 topics that were negotiated and included in the regulatory package, provisions in two 

areas—misrepresentation and incentive compensation—especially serve to strengthen 

regulations that protect students and their families from deceptive and misleading actions.

a. Misrepresentation

Changes to Subpart F of 34 C.F.R. Part 668 strengthen ED's regulatory enforcement 

authority with respect to eligible institutions that engage in substantial misrepresentations. FSA

often receives complaints from students who allege that they were the victims of false promises 

and other forms of deception when they were considering postsecondary educational 

opportunities. ED believes that helping students to make sound decisions regarding their 

educational pursuits is essential to maintaining the integrity of the Title IV HEA programs.

Changes in several areas of the regulations on misrepresentation address the problems 

identified through complaints. ED believes it is critical that potential students have a clear 

understanding about any educational program in which they may enroll. Each institution has a 

responsibility to provide complete and accurate information about the programs it offers. To 

ensure this, ED restructured the regulations to describe the actions the secretary may take if the 

secretary determines that an eligible institution has engaged in substantial misrepresentation. ED 

also generally described what types of activities constitute substantial misrepresentation.
13

In addition, the regulations clarify that an eligible institution has engaged in substantial 

misrepresentation when the institution itself, one of its representatives, or any ineligible 

institution, organization, or person with whom the eligible institution has an agreement makes a 

substantial misrepresentation regarding the institution’s educational programs, financial charges, 

and the employability of its graduates. ED believes it is appropriate to hold the eligible 

institution accountable in these instances because the integrity of the Title IV HEA programs 

requires that institutions are responsible for the actions of their representatives and agents.

Students who enroll in a program must have the necessary information about the cost of 

the program or the institution’s refund policy. ED strongly believes that students, potential 

students, and parents must have relevant information to make informed decisions about the type 

of financial aid that is available to the student. By prohibiting institutions from making 

substantial misrepresentations regarding the availability or nature of the financial aid offered to 

students, as well as a student’s right to reject any particular type of financial aid, ED is trying to 

ensure that students are provided with the accurate information they need to make informed 

choices about the type of financial aid they use to fund their education.

Finally, the regulations highlight the types of information about employability that 

institutions need to monitor carefully when advertising or otherwise promoting their educational 

programs. Information that schools disclose to students about employability of graduates must 

not contain false, erroneous, or misleading statements.

In March 2011, ED's Office of Postsecondary Education (OPE) issued a Dear Colleague 

Letter (DCL) that clarified three aspects of misrepresentation through questions and answers. 

OPE subsequently established the Program Integrity Web page to consolidate this information 

and to ensure that it is easily accessible to interested parties. OPE updates the questions and 

answers as needed (see www.ifap.ed.gov ).

b. Incentive Compensation

The HEA prohibits institutions of higher education that participate in the federal student aid 

programs from making any commission, bonus, or other incentive payments based directly or 

indirectly on success in securing enrollments or financial aid to any persons or entities involved 

in student recruiting or admissions activities, or from making decisions about the award of 

student financial assistance. The previous regulations implementing this prohibition specified 12

types of activities and arrangements (―safe harbors‖) that were not considered violations of this

prohibition. The first safe harbor explained the conditions under which an institution could 

adjust compensation without that compensation being considered an incentive payment. The 

remaining 11 safe harbors described the conditions under which payments that could potentially 

be construed as based upon securing enrollments or financial aid were nonetheless not covered 

by the statutory prohibition. The existence of these safe harbors encouraged unscrupulous actors 

to circumvent the intent of the prohibition. 

Under the regulations effective in October 2010, institutions need to evaluate incentive 

payments by focusing on the two core questions that form the basis of the test that the statute and 
14

the regulations impose. The institution determines whether the payment or compensation is 

permissible by analyzing

1. Whether it is a commission, bonus, or other incentive payment, defined as an award of a 

sum of money or something of value paid to or given to a person or entity for services 

rendered; and

2. Whether the commission, bonus, or other incentive payment is provided to any person or 

entity based in any part, directly or indirectly, upon success in securing enrollments or the 

award of financial aid, which are defined as activities engaged in for the purpose of the 

admission or matriculation of students for any period of time or the award of financial 

aid.

If the answer to each question is ―yes,‖ the bonus or incentive payment is prohibited. ED

believes that this simple two-part test is vastly superior to the complex scheme that gave 

unscrupulous actors room to circumvent the intent of the prohibition.

In addition, ED added several definitions to the regulations to clarify who is affected, 

how they are affected, and what activities are relevant. The incentive compensation rule applies 

to all types of postsecondary education institutions that participate in the federal student aid 

programs. 

The DCL that OPE released in March 2011 included a series of questions and answers on 

incentive compensation. As with the questions and answers on misrepresentation, this 

information was later incorporated into ED’s Program Integrity Questions and Answers Web 

page and will be updated periodically.

ED believes these regulatory changes will provide greater protections for students and 

families through enhanced enforcement authority against eligible institutions that engage in 

substantial misrepresentation. The changes also are meant to prevent institutions from 

circumventing the intent of the statutory prohibition concerning the payment of bonuses, 

commissions, or incentive payments to any person or entity engaged in any student recruitment 

or admission activity, or the award of Title IV HEA program assistance. The additional 

oversight protection is also expected to help prevent activities that might be construed as 

scholarship or financial aid fraud. 

D. FTC’s Financial Aid Fraud Prevention Program

As mentioned earlier, the FTC’s Project Scholarscam combines law enforcement7 with 

consumer education to curb fraudulent scholarship or financial aid services. As a result of the 

FTC’s lawsuits, a total of 13 companies and 34 individuals are subject to federal court orders 

prohibiting future misrepresentations. Most of the orders permanently ban the defendants from 

marketing scholarship or financial aid-related services. Many of the orders also require the 

defendants to post performance bonds before engaging in telemarketing.8 The FTC has returned

to consumers or the U.S. Treasury more than $2.1 million in funds related to scholarship or 

financial aid-related cases.

9
15

E. DOJ’s Financial Aid Fraud Prevention Program

Since last year’s report, there have been numerous prosecutions of individuals charged 

with fraud in the offering or obtaining of higher education financial aid from ED’s federal 

student aid programs. A sampling of case summaries from FY 2011 follows, representing a 

broad spectrum of higher education financial aid fraud cases prosecuted by DOJ and reflecting a 

continuing fraud trend in which there are no cases of scholarship scams targeting students. 

Included in the summaries are cases of fraudulent representations made in the offering of higher 

education financial aid, of identities of unknowing victims or coconspirators submitted on 

federal financial assistance applications to fraudulently obtain federal financial aid, and of 

fraudulently obtained higher education financial assistance from ED. In connection with the 

preparation of this report, the DOJ Executive Office for U.S. Attorneys (EOUSA) surveyed the 

94 U.S. Attorneys’ Offices but did not identify any instances in which the two-level sentencing 

enhancement, Section 2B1.1(b)(8)(D) of the sentencing guidelines, was requested or imposed in 

FY 2011. Case developments within FY 2011 are included in the case summary. If there were 

developments that occurred in selected cases after September 30, 2011, i.e. in FY 2012 through 

June 2012, they are described in endnotes.

 United States v. Ricky Jerome Kleckley, Case No. 2:10-cr-066-MEF (M.D. Ala.)

United States v. Marcus Keith Byrom, and Wilford Lewis Swint, Case No. 2:10-cr-181-MEF 

(M.D. Ala.)

On March 17, 2011, defendant Kleckley was sentenced to serve a term of imprisonment of 24 

months, followed by three years’ supervised release, and to pay a special assessment of $100 and 

the restitution of $264,532. In a related case, defendant Swint was sentenced on March 25, 2011,

to serve a term of imprisonment of 11 months on each of two counts, to be served concurrently, 

followed by three years’ supervised release, and to pay a special assessment of $200 and the 

restitution of $34,566. Pursuant to a plea agreement, defendant Byrom pleaded guilty on July 7, 

2011, to count 1 of an indictment charging a conspiracy to defraud the United States.10 The 

defendants conspired to obtain personal information (e.g., Social Security numbers, dates of 

birth, etc.) from individuals and then use this personal information to enroll those individuals 

into graduate degree programs at various universities and to apply for federal student loans. This 

case was investigated by ED’s OIG.

 United States v. James Domenic Perino, Case No. 4:11-cr-02055 (D. Ariz.)

Defendant Perino pleaded guilty on September 30, 2011, to one count of a three-count 

indictment in which he was charged with applying for and receiving federal student financial 

assistance in the name of another individual, at a time when his existing default on a prior 

education loan obtained under another alias rendered him ineligible for further federal student 

assistance. Perino admitted illegally receiving $30,675 pursuant to this scheme.11 This case was 

investigated by ED’s OIG.
16

 United States v. Ricardo Pradel, Case No. O:lO-CR-6032S-DMM (S.D. Florida)

On February 23, 2011, defendant Pradel was sentenced to serve three years’ probation and 250 

hours of community service, and to pay a special assessment of $100 and the restitution of 

$156,000. While Pradel worked as an admissions counselor for the American Institute, a forprofit trade school located in Lauderdale Lakes, Fla., he fraudulently created false and fictitious 

high school diplomas for prospective students, which were used both for admissions and to 

support fraudulent federal student financial aid applications. Pradel was charged in a one-count 

indictment in December 2010 and pleaded guilty on the date of sentencing. This case was 

investigated by ED’s OIG. 

 United States v. Regina Beard, Case No. 1:11-cr-00266-JRH (S.D. Georgia)

On July 13, 2011, defendant Beard was charged by indictment with three counts of financial 

institution fraud and three counts of aggravated identity theft in connection with the submission 

of three separate applications for federal student financial assistance with a forged co-signer 

signature, in the aggregate amount of $54,448.12 This case was investigated by the Federal 

Bureau of Investigation.

 United States v. James A. Simon, Case No. 3:10-cr-00056-RLM (N.D. Ind.)

On November 9, 2010, following a six-day trial, defendant Simon was convicted on 20 of 23

counts charged in an April 2010 indictment. The counts of conviction included counts 20 

through 23, which alleged multiple acts of federal student assistance fraud. Simon provided false 

information regarding his family’s income and expenses on applications to two different schools 

for private financial aid for family members and on applications for federal financial aid to

another school on behalf of another family member. Simon was also convicted on counts of tax 

evasion and private student financial assistance fraud. On March 29, 2011, Simon was sentenced 

to serve an aggregate term of imprisonment of 72 months, which included concurrent terms of 60 

months each on counts 20 through 23, followed by three years’ supervised release, and to pay a 

special assessment of $1,900 and total restitution in the amount of $1,053,572.04, of which 

$48,070 was payable to ED. This case was investigated by ED’s OIG and the Internal Revenue 

Service Criminal Investigation Division.

 United States v. Joseph Hinshaw, Case No. 1:1O-cr-209 (S.D. Ind.)

Defendant Hinshaw was charged on December 3, 2010, with one count of federal student 

financial aid fraud and five counts of tax evasion. Hinshaw concealed substantial income on a 

FAFSA submitted for financial assistance, which was subsequently awarded to both Hinshaw 

and his son. Hinshaw pleaded guilty to all counts on March 9, 2011, and was immediately 

sentenced to serve a term of 18 months’ imprisonment, followed by three years’ supervised 

release, and to pay a special assessment of $600 and restitution to ED of $50,640.00. This case 

was investigated by ED's OIG and the Internal Revenue Service Criminal Investigation Division.
17

 United States v. Michael Cortez, Case No. 1:11-cr-00002-LRR (D. Iowa)

Defendant Cortez pleaded guilty on January 14, 2011, to a single-count information, which 

charged him with mail fraud in obtaining federal student financial assistance. Cortez and others 

applied for federal student aid using other individuals’ identities, while arranging for the federal 

loan proceeds check to be delivered to a post office box under their control. The co-conspirators 

then converted the checks to their own use. Cortez was sentenced on May 11, 2011, to serve a 

term of imprisonment of 51 months, followed by three years’ supervised release, and to pay a 

special assessment of $100 and restitution of $271,004. This case was investigated by ED’s OIG 

and the U.S. Postal Inspection Service.

 United States v. Benjamin J. Guiliani, Sr., Case No. 1:10-cr-00006-JAW (D. Maine)

Defendant Guiliani pleaded guilty to a five-count indictment, which charged transportation of 

illegal aliens for personal gain, federal tax violations, Social Security fraud and one count of 

federal student financial assistance fraud. He was sentenced on February 3, 2011, to serve 19 

months’ imprisonment on each of four counts (including count 5 charging federal student 

assistance fraud), followed by three years’ supervised release, and 12 months imprisonment on 

the remaining misdemeanor count, followed by one year of supervised release, all to run 

concurrently, and to pay a special assessment totaling $425 and total restitution of $230,593, of 

which $16,323 was attributed to the student financial assistance fraud count. Count 5 charged 

Guiliani, in part, with creating false tax returns for multiple years and submitting those returns in 

connection with applications for federal student financial assistance for his son. The 

investigation was conducted jointly by ED’s OIG, the Social Security Administration Office of 

Inspector General, U.S. Immigration and Customs Enforcement and the Internal Revenue 

Service.

 United States v. Anthony Brown and Raymond Coleman, Case No. 1:11-cr-276 (W.D. Mich.)

On September 28, 2011, defendants Brown and Coleman were indicted in the Western District of 

Michigan. Coleman was individually charged in 24 counts with executing a scheme to defraud 

ED, Lansing Community College, and others, by submitting false claims for federal student 

financial assistance. The defendants used names and personal identifiers of homeless people, 

including a deceased individual, which Coleman obtained by falsely claiming that this personal 

information was collected on behalf of a charitable organization known as ―Project Faith/Freedom 

in Faith.‖ Coleman and Brown were charged in four counts with a separate conspiracy and 

scheme to defraud and aggravated identity theft, which began in 2009, to obtain federal student 

financial aid from ED and Kalamazoo Valley Community College. These charges were based on 

false applications for federal financial student aid submitted by using the names and personal 

identifiers of at least 18 ineligible recipients and falsely stating that Brown was planning to attend 

classes at Kalamazoo Valley Community College.

13 This case was investigated by ED’s OIG.
18

 United States v. Michelle N. Owens, Case No. 4: 10-cr-00645-JCH (E.D. Missouri); Case No. 

4:11-cr-00434-RBH (D. S. Carolina.)

On December 15, 2010, defendant Owens was indicted in the Eastern District of Missouri and 

charged financial student assistance fraud, mail fraud and aggravated identity theft. Owens was 

charged with submission of fraudulent applications to Webster University and a fraudulent 

FAFSA to ED in the names of 23 different inmates confined in South Carolina’s Leath 

Correctional Institution. During her incarceration at Leath, Owen applied for approximately 

$467,500 in financial aid after collecting the inmates’ identifying information while participating

in a prison work program. On June 8, 2011, Owens pleaded guilty to one count of federal 

student financial aid fraud and one felony count of mail fraud. The matter was transferred to the 

District of South Carolina, and on September 28, 2011, Owens was sentenced to serve 51 

months’ imprisonment on each count to run concurrently, followed by three years’ supervised 

release, and to pay a special assessment of $200 and the restitution of $128,852. This case was 

investigated by ED’s OIG, the Federal Bureau of Investigation, and the U.S. Postal Inspection 

Service.

 United States v. Siu Ping Yuen, Dominick Yuen Bonomolo and Mei Chun Tam, Case No. 11-

Cr-600 (LAP) (S.D.N.Y.)

United States v. Alice Gong D'Ariano, 11-Cr-820 (LAP) (S.D.N.Y.)

United States v. Qiu Ying Mei, Case No. 11-Cr-1035 (RJS) (S.D.N.Y.)

United States v. Kerry Huang, Case No. 11-Cr-1044 (CM) (S.D.N.Y.)

These related cases arose from an investigation of USA Beauty School, a small school in 

Chinatown in New York City, which participated in ED's Federal Pell Grant program from 2006 

until 2010, receiving approximately $4.2 million in Pell Grant funds. Defendants were first 

charged by a criminal complaint dated April 20, 2011. A superseding indictment filed on 

September 19, 2011, charged defendants Yen, Bonomolo and Tam with conspiracy, wire fraud, 

and educational grant fraud. To date, four other individuals have pleaded guilty, pursuant to 

cooperation agreements. Defendants were charged with assisting students in filling out FAFSA 

forms with false information, producing fake high school diplomas, falsifying attendance 

records, and issuing W-2s for non-existent employees to convince ED that the school was large 

enough to support its inflated student rolls. Consequently, the school pocketed millions of 

dollars on behalf of students who were not entitled to Pell Grant funding.14 This case was 

investigated by ED’s OIG and the U.S. Department of Labor, Office of Labor Racketeering and 

Fraud Investigations.

 United States v. Kelly Ann Burdette, Case No. 2:11-cr-00142-AJS (W.D. Penn.). 

On June 28, 2011, defendant Burdette was indicted in the Western District of Pennsylvania on 

six accounts of mail fraud, and uttering and possessing forged securities in connection with 

applications for federal student financial assistance. According to the indictment, Burdette 

fraudulently obtained student loans from private lenders in the name of a relative. Burdette 

forged her relative’s name on the loan applications and proceeds checks. This case was 

investigated by ED’s OIG, the U.S. Postal Inspection Service, the Pennsylvania State Police and 

the Pennsylvania Higher Education Assistance Agency.15
19

 United States v. Evgueni Tetioukhine, Case No. 1:11-cr-00058-ML (D. R.I.)

On April 13, 2011, defendant Tetioukhine was indicted in the District of Rhode Island on nine 

counts of wire fraud, aggravated identity theft, false use of a Social Security number, false 

statements and fraudulently obtaining federal student financial assistance, a real estate loan and a 

United States passport. The indictment charged, in part, that Tetioukhine induced ED to disburse 

$14,756.84 in student loan funds to defendant through Johnson & Wales University. After one 

count was voluntarily dismissed, Tetioukhine was convicted on September 22, 2011, on the 

remaining counts after a two-day jury trial. This case was investigated by the U.S. Department 

of State’s Diplomatic Security Service, the U.S. Department of Homeland Security, ED’s OIG,

the Social Security Administration Office of Inspector General, and the Warwick Police 

Department.

16

 United States v. Solomon Hobbs, Case No. 1:11-cr-00287-LY (W.D. Texas)

On May 17, 2011, defendant Hobbs was indicted in the Western District of Texas and charged 

with nine counts of wire fraud, federal student financial assistance fraud, and identity theft. The 

charges arose from a multi-pronged scheme in which he serially applied for federal student 

financial assistance at a series of educational institutions, and repeatedly dropped out or failed all 

courses. Each new application concealed his prior academic history and assumed the identity of 

a new individual. On August 24, 2011, pursuant to a plea agreement, Hobbs pleaded guilty to 

seven counts of the indictment.17 This case was investigated by ED’s OIG.

 United States v. Jonathan Edward Ackerman, Case No. 2:10-cr-00007-JPB (N.D. West 

Virginia)

In March 2011, defendant Ackerman entered a plea agreement, in which he stipulated that in 

addition to opening multiple fraudulent credit card accounts using false identities, as part of the 

same course of conduct he had fraudulently obtained six educational loans using false identities 

between August 2006 and July 2007. On June 22, 2011, Ackerman was sentenced to serve an 

aggregated term of imprisonment of 37 months, followed by three years’ supervised release, and 

to pay a special assessment of $200 and restitution related to the student financial assistance 

fraud in the amount of $161,184. The case was investigated by ED’s OIG, the U.S. Postal 

Inspection Service, the West Virginia State Police, and the Pennsylvania Higher Education 

Assistance Agency.
20

 United States v. Ernest Kwasi Bankas, Case No. 3:06-cr-00036-bbc (W.D. Wis.)

On November 30, 2010, defendant Bankas was sentenced to serve a term of imprisonment of 24 

months, followed by three years’ supervised release, and to pay a special assessment of $100 and 

restitution of $340,810.00. Bankas’ fraud was detected in 2005 by the Great Lakes Higher 

Education Corporation (GLHEC), when it began audits of students studying abroad. GLHEC 

officials called ED to investigate when it learned that Bankas had already graduated from the 

University of Durham in England (―the University‖) but had forged documents to continue to 

obtain loans under the pretense that he was still attending the University. Over the course of 

several years, Bankas defaulted while using several Social Security numbers to obtain other 

loans. Bankas was charged in February 2006 in a one-count indictment with federal student 

financial assistance fraud. After his arrest in the Netherlands on local charges in 2009, he was 

extradited to the United States. Pursuant to a plea agreement, he pleaded guilty to the 

indictment. This case was investigated by ED’s OIG.

IV. Conclusion

As described above, the FTC, ED, and DOJ have implemented the directives of the 

College Scholarship Fraud Prevention Act of 2000. 

Since the act was enacted, both the FTC and ED have added content to websites and 

increased efforts in fraud awareness campaigns. The agencies collaborate on enforcement 

activities and DOJ continues to prosecute individuals charged with fraud in the offering or 

obtaining of federal student aid.

Although complaints about scholarship scams have decreased significantly, the agencies 

are continuing to work cooperatively to prosecute and prevent financial aid fraud.
21

Appendixes

A. Fraud Awareness Websites

Site URL Description

Department of Education Sites

Misused www.ed.gov.misused Scam awareness 

information and link to 

OIG Hotline for 

complaints

Avoiding Scams www.studentaid.ed.gov/types/scams List of free resources 

that provide information 

about financial aid and 

warnings about 

financial aid scams

Federal Trade Commission Site

Scholarship Scams http://www.consumer.ftc.gov/articles/0082-

scholarship-and-financial-aid-scams

Fraud warning signs 

and links to more 

resources
22

B. FTC’s Consumer Sentinel Network Complaints

Year Financial Aid-Related

Complaints

Total Fraud Complaints Percentage of Financial 

Aid Complaints to Total 

Fraud Complaints

1996 133 16,588 0.802%

1997 146 29,069 0.502%

1998 246 62,840 0.391%

1999 290 85,248 0.340%

2000 228 111,255 0.205%

2001 184 137,306 0.134%

2002 259 242,783 0.107%

2003 328 331,366 0.099%

2004 757 410,298 0.185%

2005 256 437,585 0.059%

2006 201 423,672 0.047%

2007 198 505,513 0.039%

2008 384 416,287 0.092%

2009 195 524,548 0.037%

2010 445 518,767 0.086%

2011 501 525,622 0.095%

For calendar years 2008 and forward, the figures represent the number of complaints received 

directly by the FTC from consumers, excluding Do Not Call Registry and Identity Theft 

complaints. Also excluded are all complaints received from external data contributors. As a 

result, totals from previous years may differ from prior reports. Complaint counts from years 

1996 - 2007 represent historic figures as per the Consumer Sentinel Network’s five-year data 

retention policy.
23

Endnotes

1

Previous reports can be accessed via www.fsa4counselors.ed.gov/clcf/scams.html.

2 On November 1, 2004, this provision was re-designated as U.S.S.G. § 2B1.1(b)(8)(D).

3

The FTC’s Consumer Sentinel Network is a secure, password-protected complaint database 

designed to allow law enforcers to share data about fraud. The Consumer Sentinel Network now

contains over 7.2 million fraud and identity theft complaints and is accessible to more than 1,700 

law enforcement agencies—including every state attorney general in the U.S. and consumer 

protection agencies in 23 nations. In addition to consumer complaints, the Consumer Sentinel 

Network offers its law enforcement members a variety of tools to facilitate investigations and 

prosecutions, including: law enforcement alerts about companies currently under investigation; 

information to help agencies coordinate effective joint action; an index of telemarketing sales 

pitches; and data analysis to determine trends in fraud. The Consumer Sentinel Network collects 

complaints from the FTC and over 125 other organizations. More information on the Consumer 

Sentinel Network can be found in Consumer Sentinel Network Data Book for January–

December 2011, issued by the FTC in February 2012.

4

The number of financial aid related complaints and total fraud complaints per year are set forth 

in the Appendix. For calendar years 2008 and forward, the figures represent the number of 

complaints received directly by the FTC from consumers, excluding Do Not Call Registry and 

Identity Theft complaints. Also excluded are all complaints received from external data 

contributors. As a result, totals from previous years may differ from prior reports. Complaint 

counts from years 1996 – 2007 represent historic figures as per the Consumer Sentinel 

Network’s five-year data retention policy.

5 As discussed in previous years’ reports, the number of complaints contained in the Consumer 

Sentinel Network does not provide a complete picture of the extent of consumer injury from any 

particular type of fraud: (1) some consumers may complain directly to the company or to law 

enforcement authorities that do not forward complaints to the Consumer Sentinel Network; (2) 

some financial aid scams on the Internet are relatively inexpensive and consumers often do not 

complain when the financial injury is low; (3) increases in the number of complaints may reflect 

an increase in the number of law enforcement and consumer protection agencies forwarding 

complaints to the Consumer Sentinel Network; and (4) increases in the number of complaints 

may reflect greater consumer awareness of the fraud and how to report it.

6

To apply for federal student financial aid and many state student aid programs, students must 

first complete the FAFSA. ED uses information provided on a student’s FAFSA to determine 

the student’s eligibility for aid from the federal student aid programs. Many states and schools 

also use the FAFSA to award aid from their programs. Some states and schools may require the 

student to fill out additional forms for state and school awards. 
24

 

7 Among other things, the FTC enforces Section 5 of the FTC Act, 15 U.S.C. § 45, which 

prohibits unfair or deceptive acts or practices in or affecting commerce. Section 13(b) of the 

FTC Act, 15 U.S.C. § 53(b), allows the FTC to bring, by its own attorneys, actions in federal 

district court to halt violations of Section 5. Remedies available to the FTC include permanent 

injunctions and equitable monetary relief such as restitution to consumers or disgorgement of 

unjust enrichment. Section 13(b) also allows the FTC to seek preliminary relief, including 

temporary restraining orders and preliminary injunctions. In appropriate cases, the FTC may 

seek preliminary relief on an ex parte basis.

8

Performance bonds are designed to deter defendants from engaging in misrepresentations and 

provide a fund to redress consumer injury should defendants violate the order.

9 Although the FTC obtained approximately $22.8 million in judgments, the full amount of these 

judgments was not collected. In the case of judgments obtained through settlement, the FTC 

suspended some or all of the judgment amount based upon the defendants’ demonstrated 

inability to pay the full amount. In other cases, the FTC referred unsatisfied judgment balances 

to the U.S. Treasury for further collection efforts.

10 These defendants conducted their conspiracy in conjunction with co-conspirator Santoras

Gamble, former Tuskegee University admissions office employee. Santoras pleaded guilty and 

was sentenced in September 2010. United States v. Santoras Gamble, 2:09-cr-00163-MHT 

(M.D. Ala.). On October 18, 2011 Byrom was sentenced to a term of imprisonment of 12 

months and one day, followed by supervised release of two years, a special assessment of $100, 

and restitution in the amount of $264,532.20. 

11 Perino was sentenced on December 23, 2011 to serve a term of imprisonment of 30 months 

followed by three years’ supervised release, a special assessment of $100, and restitution in the 

amount of $30,675.

12 Pursuant to a plea agreement, Beard pleaded guilty to one count of financial institution fraud 

on January 25, 2012. On April 11, 2012, Beard was sentenced to a term of imprisonment of 46 

months followed by five years’ supervised released, 40 hours of community service, a special 

assessment of $100, and restitution in the amount of $52,969.

13 Brown subsequently pleaded guilty on December 8, 2011 to Counts 25 and 28 of the 

Indictment, and pursuant to the plea agreement, Counts 26, 27, and 29 were to be dismissed at 

the time of sentencing, which is scheduled for June 7, 2012. Pursuant to a Plea Agreement, 

Coleman pleaded guilty to two counts of a felony Information, with the original Indictment to be 

dismissed at the time of sentencing which is scheduled for July 25, 2012.

14 Huang waived indictment and the government filed a two count Information to which Huang 

pleaded guilty on December 8, 2011.
25

 

15 On November 30, 2011, pursuant to a plea agreement, Burdette pleaded guilty to Count IV of 

the Indictment. On March 28, 2012 Burdette was sentenced to a term of imprisonment of 12 

months plus one day, followed by supervised release of four years, a special assessment of $100, 

and restitution in the amount of $45,108. Counts I through III and V-VI were dismissed on 

motion of the government.

16 Count VII was subsequently dismissed on November 18, 2011. On December 28, 2011 the 

defendant was sentenced to a total term of imprisonment of 48 months, twenty four months each 

on counts I, III, V, V1 and VIII to run concurrently, and twenty four months on counts II and IV 

to run concurrently with each other, but consecutive to the sentence on counts I, III, V and VIII, 

followed by a three year term of supervised release on counts I, III, V and VI, to run 

concurrently and a one year term of supervised release each on counts II and IV, to run 

concurrently with the three year term, a special assessment of $700 and restitution of $850.

17 Solomon was subsequently sentenced on October 25, 2011 to a total term of 57 months 

followed by a five year term of supervised release, a special assessment of $700, and restitution 

in the amount of $37,395.