Attorney Admits to Obstruction of Justice in Timeshare Fraud Case: U.S. Attorney

A former attorney representing the Vacation Ownership Group admits that he conspired to obstruct justice in a federal criminal case tried in 2013, U.S. Attorney Paul J. Fishman said Wednesday afternoon.

Joshua L. Gayl, 36, of Lafayette Hill, Pennsylvania, pleaded guilty to an information charging him with one count of conspiracy to obstruct justice.

A total of 11 New Jersey residents were arrested in 2012 in a $2.4 million mail fraud scheme involving timeshare mortgages.

The Vacation Ownership Group, a/k/a VO Group LLC (VO Group), purported to offer consulting services to owners of timeshares, including timeshare cancellation services, according to documents filed in the case and statements made in court.

Gayl admitted that he misled a witness after he learned that that witness had told the FBI about being defrauded by the VO Group.

Gayl contacted that witness, secretly intending to obtain statements favoring the defense in the criminal case. Instead of telling this to the witness, Gayl offered the witness assistance in exchange for the information the witness had given to the FBI.

He lied to the witness, saying their phone call was being recorded “ for quality assurance and training purposes,” when, in fact, he and another person were attempting to get the witness to make statements on tape that favored the defense.

The witness said they were told by the VO Group that it would sell their timeshare, a VO Group misrepresentation alleged in the indictment.

Gayl told the witness what was alleged in the case, but left that specific detail out of their conversation.

Although he did not know what the VO Group representative actually told the witness, Gayl said “we do not sell timeshares,” and told the witness they were confused about this.

Gayl ended the call and consulted with Adam Lacerda, who had trained the VO employees in their fraud attempts.

Lacerda persuaded Gayl to call the witness a second time in an attempt to persuade them that their recollection was mistaken.

Gayl didn’t tell the witness he wanted to record the statements to help the defense.

During the second call, Gayl told the witness it was “likely” and “logical” that they had mistakenly thought that the VO Group sold timeshares.

Gayl also helped the defendants send potential trial witnesses payments intended to influence their testimony.

Adam Lacerda and his wife, Ashley, wanted these refunds paid to help the defense case at trial and make the recipients testify more favorably to the defense. Gayl didn’t tell this to the potential witnesses.

Gayl wrote a letter to one witness urging that person to take a refund, knowing this person was a potential witness against defendant Ian Resnick.

A month before trial, Gayl wrote letters offering refunds to two more potential witnesses, but didn’t tell them why.

Gayl also lied in responding to a trial subpoena asking VO Financial to produce records.

After Adam Lacerda’s criminal lawyer told the U.S. Attorney’s Office and Gayl that he had advised Lacerda not to be involved in the subpoena response, Gayl told Adam Lacerda about one subpoenaed recording harmful to the defense and saw Lacerda access the recording.

Lacerda deleted the damaging portion of the recording.

When Gayl gave the U.S. Attorney VO Financial’s response to the subpoena, he included the altered recording and a false certification that he did not consult with Lacerda about the subpoena response.

Gayl then listened to the recording and realized that Lacerda had altered it.

Adam Lacerda, Ashley Lacerda, and Ian Resnick were convicted of conspiracy to commit mail and wire fraud and other offenses.

Adam Lacerda was sentenced to 27 years in prison; one factor in his sentence was his involvement in what the court called a “comprehensive, calculated, and targeted effort at obstruction of justice.”

Ashley Lacerda and Ian Resnick have yet to be sentenced.

Gayl faces a maximum penalty of five years in prison and a fine of the greater of $250,000 or twice the gain or loss caused by the offense.

Sentencing is scheduled for Sept. 2.