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Unraveling the Scheme

The alleged fraud lasted for several years, from 2014 to 2020, before it started to unravel. Prosecutors claim Perlstein and Vergato became increasingly careless in their attempts to conceal the scheme. When Perlstein was placed on leave in 2020 for misusing a corporate credit card, questions from Datavail employees triggered an internal investigation.

That probe eventually led to criminal charges filed in June 2023, with prosecutors asserting that Vergato formed his company for the sole purpose of laundering fraudulent payments tied to the Datavail-Arrow contract.

The indictment also accuses Perlstein’s brother-in-law of operating a separate company that billed Vergato’s entity for sham services, then routed part of those payments back to Perlstein.

Trial Underway

The seven-day trial will feature key testimony from Mark Perlstein, who will testify under a plea agreement. The government intends to show a paper trail, emails, financial records, and statements from multiple witnesses — including Vergato’s teenage stepdaughter.

The U.S. government is represented by Acting U.S. Attorney J. Bishop Grewell, along with Bradley W. Giles and Nicole C. Cassidy of the U.S. Attorney’s Office for the District of Colorado.

Vergato is represented by Morgan L. Steele and Richard Bednarski of Taft Stettinius & Hollister LLP.

Case Information

Case Title: United States v. Michael Vergato
Jurisdiction: U.S. District Court for the District of Colorado
Filed: June 2023
Trial Start Date: May 2025
Charges: Six counts of wire fraud and aiding and abetting