Dracut Brothers Agree to Plead Guilty to Fraud Scheme Involving Online Sales of Cosmetics

BOSTON - Two men have been charged with, and have agreed to plead guilty to, carrying out a scheme to obtain products of an online cosmetics company through fraud and to resell those products on Amazon and eBay for a profit.

Brothers Nick Ashtar-Zadeh, 22, and Nika Ashtar-Zadeh, 23, of Dracut, have agreed to plead guilty to one count of wire fraud each. Plea hearings have not yet been scheduled by the Court.

According to the charging documents, between 2020 and 2021, Nick Ashtar-Zadeh and Nika Ashtar-Zadeh operated Amazon and eBay "stores" that offered various products for sale, including the products of a cosmetics company in Texas. It is alleged that the Ashtar-Zadehs offered the company's products on these platforms to buyers for one-time payments that were typically equal to or below the company's list prices for the same products. The Ashtar-Zadehs then enrolled these Amazon and eBay buyers in the company's 30-day trial program for the same products. The brothers allegedly entered the buyers' information on the company's website, without the customers' knowledge or consent, and caused the company to ship its products to those buyers for a trial period. It is alleged that, for these orders, the Ashtar-Zadehs presented the company with forms of payment that fulfilled initial charges of $19.95 but were declined when the company attempted to charge later installments, after buyers had kept the products past 30 days. The brothers sold the company's products in this manner to hundreds of buyers on Amazon and eBay, each time pocketing the difference between what the buyers paid them and the initial $19.95 upfront payment to the company. As a result of the alleged conduct, the Ashtar-Zadehs cost the company hundreds of thousands of dollars in losses.

The charge of wire fraud provides a sentence of up to 20 years in prison, three years of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.

Acting United States Attorney Joshua S. Levy and Jodi Cohen, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division made the announcement today. Assistant U.S. Attorney David M. Holcomb of the Securities, Financial & Cyber Fraud Unit is prosecuting the case.

The details contained in the charging documents are allegations. The defendants are presumed to be innocent unless and until proven guilty beyond a reasonable doubt in the court of law.