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Lynn Man Pleads Guilty to Money Laundering and Visa Fraud

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BOSTON – A Lynn man pleaded guilty today in connection with money laundering and visa fraud.

Fortune Aikorogie, a/k/a Imuetinyan Aikorogie, a/k/a Fortune Aikoriogie, a/k/a Imuetinyan Aikoriogie, 33, pleaded guilty to one count of making a false statement to a bank, five counts of money laundering and one count of visa and passport fraud. U.S. Senior District Court Judge Rya W. Zobel scheduled sentencing for Oct. 14, 2020. In March 2019, Aikorogie was charged by indictment.

On Sept. 28, 2016, Aikorogie used a counterfeit Zimbabwean passport and U.S. visa bearing his photograph, but with the fictitious name “Tinashi Chipo,” to open an account at a branch of TD Bank in Dracut. Aikorogie had obtained the counterfeit documents from a friend in Africa to whom he had texted a photo of himself. Between Oct. 5 and Dec. 15, 2016, two women in Texas whom Aikorogie did not know wired a total of $75,500 into the Chipo account. They did so at the request of fraudsters who romanced them online. One victim was a 71-year old widow with advanced Parkinson’s disease and the other was a 78-year old retiree. Aikorogie withdrew the money from the Chipo account in cash and delivered it to men he did not know at the direction of his friend in Africa. A bank investigator became suspicious of the account activity and called the phone number on the Chipo account signature card. Aikorogie answered, pretending to be Tinashi Chipo, and claimed that the wired money was for his uncle’s construction business. The investigator told “Chipo” that the bank was going to close his account and to visit a branch. Aikorogie went to the Lawrence branch, where he was met by local police, who confiscated the counterfeit passport and visa.

The charge of making a false statement to a bank provides for a sentence of up to 30 years in prison, five years of supervised release and a fine of $1 million. The charge of money laundering provides for a sentence of up to 20 years in prison, three years of supervised release and a fine of $500,000. The charge of visa/passport fraud provides for a sentence of up to 10 years in prison, three years of supervised release and a $250,000 fine. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Andrew E. Lelling; William B. Gannon, Special Agent in Charge of the U.S. State Department’s Diplomatic Security Service, Boston Field Office; and Lawrence Police Chief Roy P. Vasque made the announcement. Assistant U.S. Attorney Christine Wichers of Lelling’s Major Crimes Unit is prosecuting the case.


Tulsa Man Sentenced to 235 Months in Federal Prison for Sex Trafficking

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A man convicted of sex trafficking a woman and obstructing the resulting investigation was sentenced today in U.S. District Court, announced U.S. Attorney Trent Shores.

U.S. District Judge Claire V. Eagan sentenced Ramar Travelle Palms, 31, of Tulsa, to 235 months in federal prison to be followed by 10 years of supervised release. The Court further ordered the defendant to pay restitution in the amount of $33,899.94, which is the approximate amount that Palms profited from trafficking the victim. Upon release from prison, Palms will be required to register as a sex offender.

“Ramar Palms targeted, isolated, degraded, and trafficked a female victim. But she found her voice and courageously testified against him at trial,” said U.S. Attorney Trent Shores. “Prosecuting sex traffickers remains a priority for my office, and a sentence of nearly 20 years in federal prison should send a strong message of deterrence.”

During her victim impact statement, the victim spoke of the mental and physical abuse she endured under Palms' control. “I want to make it clear that not only was my voice taken from me, but my choices, my right to be the very best mother I had always been before and should have been able to continue to be, my safety, my sense of security, and myself,” she said. “I’ve never in my life met anyone so good at what he loves to do, and that is to prey on the vulnerable.”

In January 2020, a jury convicted Palms of the sex trafficking through the use of force, fraud and coercion; attempted obstruction of sex trafficking enforcement; and transporting an individual for prostitution.

During Palms’ four-day trial, the United States showed that he trafficked the victim in Tulsa, Oklahoma City, Dallas, and Houston. Palms forced the victim to advertise on prostitution websites and book hotel rooms in her name, particularly in areas that were closer to higher paying, wealthier johns. He provided the money to advertise and book the rooms but did not allow his name to be associated with the activity in an effort to distance himself legally from the activity.

During the trial, Tulsa Police officer testified that he originally met the victim in November 2018 in Tulsa. The Vice officer answered an online advertisement for a “$100 Quick Visit” with the victim, which indicates a short prostitution visit. When the officer arrived, he noticed Palms at the bottom of the stairs watching him enter the hotel. Once with the victim, the officer identified himself and the two discussed the trafficking operation. The victim revealed that she did not willingly participate in prostitution.

The United States argued that the victim did not simply enter into a mutual agreement with Palms to participate in the sex trade as the defense contended. Prosecutors showed that Palms bragged about making money from selling women. They argued that Palms controlled the victim, the trafficking operations and the money he received from exploiting the victim. They stated that Palms was a “finesse pimp” who used charm to gain the victim’s trust and affection. Then later he began to use control, fear and violence to force and keep the victim in a life of prostitution. The victim described how Palms abused her, often strangling, beating, or holding a knife to her throat, when he was angry or she did not produce enough money.

Palms will remain in the custody of the U.S. Marshals Service until transfer to a U.S. Bureau of Prisons facility.

The Tulsa Police Department conducted the investigation. Assistant U.S. Attorneys Christopher Nassar and Edward Snow prosecuted the case.

Mexican man convicted of importing over two tons of marijuana

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LAREDO, Texas – A 30-year-old resident of Nuevo Laredo, Tamaulipas, Mexico, faces up to life in prison after admitting to conspiracy to import and importing more than 1,000 kilograms of marijuana, announced U.S. Attorney Ryan K. Patrick.

Ruben Maldonado-Espino drove a semi-truck and trailer through the World Trade Bridge near Laredo on May 7. Authorities conducted an x-ray examination of the vehicle which revealed anomalies in the trailer.

Law enforcement began to open the doors, at which time Maldonado-Espino admitted he knew drugs were in the trailer. He claimed a Mexican drug cartel was holding his wife hostage and forced him to smuggle the narcotics.

However, authorities contacted his wife who appeared to be calm and not under distress. Maldonado-Espino eventually admitted the story was a lie he was told to give to law enforcement.

The 198 bundles of marijuana found in the trailer weighed approximately 4,601 pounds with an estimated street value of $875,000.

U.S. District Judge Marina Garcia Marmolejo will impose sentencing Oct. 28. At that time, Maldonado-Espino faces a minimum of 10 years and up to life in federal prison. He has been and will remain in custody pending that hearing.

Immigration and Customs Enforcement’s Homeland Security Investigations conducted the investigation with the assistance of Customs and Border Protection. Assistant U.S. Attorney Paul Harrison is prosecuting the case.

Additional Federal Charges Filed Against Springfield Man in Connection With Killing of Special Deputy U.S. Marshal Jacob Keltner

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ROCKFORD — A superseding indictment returned today by a federal grand jury in Rockford adds new charges against FLOYD E. BROWN in connection with the killing of Special Deputy U.S. Marshal Jacob Keltner.

Brown, 41, of Springfield, was originally charged with one count of killing a federal law enforcement officer and two counts of illegal firearm possession.  Special Deputy Keltner was fatally wounded on March 7, 2019, in Rockford.  He served as a McHenry County Sheriff’s deputy and was a sworn member of the U.S. Marshals Service Great Lakes Regional Fugitive Task Force.

The superseding indictment returned today renews the three prior counts and adds several new charges in connection with the killing of Special Deputy Keltner and other acts allegedly committed by Brown on the day of the murder: one count of attempting to kill a Deputy Marshal and two Special Deputy Marshals; one count of using a deadly and dangerous weapon to forcibly assault Special Deputy Keltner; one count of using a deadly and dangerous weapon to forcibly assault a Deputy Marshal and two Special Deputy Marshals; one count of discharging a firearm during a crime of violence, causing the death of Special Deputy Keltner; and one count of discharging a firearm during the assault and attempted murder of the Deputy Marshal and two Special Deputy Marshals.

An arraignment date in federal court in Rockford has not yet been scheduled.

The superseding indictment was announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois, and Emmerson Buie, Jr., Special Agent-in-Charge of the Chicago office of the FBI.  Several agencies have assisted in the investigation, including the U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives, Rockford Police Department, Winnebago County Sheriff’s Office, Bloomington Police Department, Lincoln Police Department, Logan County Sheriff’s Office, and Illinois State Police.  The government is represented by Assistant U.S. Attorneys Talia Bucci and Scott Paccagnini.

The public is reminded that a superseding indictment contains only charges and is not evidence of guilt.  The defendant is presumed innocent and entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt.

The counts pertaining to the killing of Special Deputy Keltner carry a maximum sentence of life imprisonment or death.  If convicted, the Court must impose a reasonable sentence under federal sentencing statutes and the advisory U.S. Sentencing Guidelines.

DEPARTMENT OF JUSTICE AWARDS $2.2 MILLION FOR INNOVATIVE COMMUNITY POLICING PROJECTS

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NEWS RELEASE SUMMARY– July 7, 2020

SAN DIEGO – The Department of Justice today announced $2.2 million in grant funding to law enforcement agencies and stakeholders through the Department’s Office of Community Oriented Policing Services (COPS Office) Community Policing Development (CPD) Microgrants Program. COPS Office Director Phil Keith announced 29 awards with award amounts ranging from $15,090 to $100,000. 

In the Southern District of California, the Chula Vista Police Department was chosen to receive a $97,500 grant to support its human trafficking program.  The agency is the only local law enforcement department in California to receive a CPD Microgrant award.

“Additional funds to respond to the threat of human trafficking are particularly important now,” said U.S. Attorney Robert Brewer.  “The coronavirus pandemic has young people spending countless hours on their phones, and unfortunately this renders them prey for human traffickers who exploit social media.”

“The CPD Microgrants Program is a critical resource to advance innovative community policing projects across the country,” said Director Keith.  “These strategic investments from the COPS Office pay huge dividends to state and local law enforcement agencies and the communities that they serve.”

CPD Microgrants Program funds are used to develop the capacity of local, state, and tribal law enforcement agencies to implement community policing strategies. Applicants were invited to propose demonstration or pilot projects to be implemented in their agency that offer creative ideas to advance crime fighting, community engagement, problem solving, or organizational changes to support community policing in one of the following areas:

  • Human Trafficking
  • Meeting Rural Law Enforcement Challenges
  • Officer Safety and Wellness
  • Recruitment, Hiring, and Retention
  • School Safety
  • Staffing and Allocation Studies
  • Victim-Centered Approaches
  • Violent Crime
  • Youth Engagement 

 

Funding through this program is available for the first time since 2018, following the successful removal of a nationwide injunction. These awards are being announced at a critical time for our country, when community policing strategies are very much needed to improve police and community relations.

The complete list of awards can be found here https://cops.usdoj.gov/pdf/2020AwardDocs/cpdmicrogrants/Award_List.pdf. To learn more about CPD Microgrants, please visit https://cops.usdoj.gov/cpdmicrogrants.  For additional information about the COPS Office, please visit www.cops.usdoj.gov.

The year 2020 marks the 150th anniversary of the Department of Justice.  Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.

 

Amsterdam Woman Sentenced on Drug and Firearms Charges

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SYRACUSE, NEW YORK – Jazmin Gonzalez, age 49, of Amsterdam, New York, was sentenced to serve 46 months in federal prison following her guilty plea to being a felon in possession of a firearm and ammunition, and distributing cocaine and heroin, announced United States Attorney Grant C. Jaquith and John B. DeVito, Special Agent in Charge of the New York Field Division of the United States Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF).

As part of her guilty plea in December 2019, Jazmin Gonzalez admitted that she possessed a .380 mm caliber semiautomatic pistol and 68 rounds of ammunition as a convicted felon during an ATF undercover operation in Amsterdam, New York, on December 4, 2018. During this transaction, she also distributed 50 small glassine bags each containing heroin, as well as a quantity of cocaine. Jazmin Gonzalez was previously convicted in March 2011 in Montgomery County (New York) Court of Criminal Sale of a Controlled Substance in the Third Degree, a prior felony drug offense.

Jazmin Gonzalez was also sentenced to a three-year term of supervised release to be served following her completion of her prison sentence.

This case was investigated by the United States Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), with assistance from the Amsterdam Police Department, and was prosecuted by Assistant U.S. Attorney Richard Southwick as part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts.

PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

 

Department of Justice Awards $2.2 Million for Innovative Community Policing Projects

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LEXINGTON, Ky. – The Department of Justice today announced $2.2 million in grant funding to law enforcement agencies and stakeholders through the Department’s Office of Community Oriented Policing Services (COPS Office) Community Policing Development (CPD) Microgrants Program. COPS Office Director Phil Keith announced 29 awards with award amounts ranging from $15,090 to $100,000. 

In the Eastern District of Kentucky, the Kentucky Office of the Attorney General’s Human Trafficking Project received $100,000 in funding. 

“The Kentucky Office of the Attorney General is a great partner to our Office, particularly in the areas of child exploitation and human trafficking,” said U.S. Attorney for Eastern District of Kentucky, Robert M. Duncan, Jr. “This funding will help KYOAG continue its important work in combatting human trafficking across the Commonwealth.””

“The CPD Microgrants Program is a critical resource to advance innovative community policing projects across the country,” said Director Keith.  “These strategic investments from the COPS Office pay huge dividends to state and local law enforcement agencies and the communities that they serve.”

CPD Microgrants Program funds are used to develop the capacity of local, state, and tribal law enforcement agencies to implement community policing strategies. Applicants were invited to propose demonstration or pilot projects to be implemented in their agency that offer creative ideas to advance crime fighting, community engagement, problem solving, or organizational changes to support community policing in one of the following areas:

  • Human Trafficking
  • Meeting Rural Law Enforcement Challenges
  • Officer Safety and Wellness
  • Recruitment, Hiring, and Retention
  • School Safety
  • Staffing and Allocation Studies
  • Victim-Centered Approaches
  • Violent Crime
  • Youth Engagement

Funding through this program is available for the first time since 2018, following the successful removal of a nationwide injunction. These awards are being announced at a critical time for our country, when community policing strategies are very much needed to improve police and community relations.

The complete list of awards can be found here https://cops.usdoj.gov/pdf/2020AwardDocs/cpdmicrogrants/Award_List.pdf. To learn more about CPD Microgrants, please visit https://cops.usdoj.gov/cpdmicrogrants.  For additional information about the COPS Office, please visit www.cops.usdoj.gov.

The year 2020 marks the 150th anniversary of the Department of Justice.  Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.

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U.S. Attorney Warns Public About Fake Mask “Exemption” Documents

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RALEIGH, N.C. – United States Attorney Robert J. Higdon, Jr. advised the public today that cards and other documents bearing the U.S. Department of Justice seal and claiming that individuals are exempt from mask requirements are fraudulent.

There have been reports of individuals in North Carolina and other parts of the country creating cards or other documents claiming that the bearer of the card is exempt from mask requirements.  Some versions of these cards threaten businesses or organizations with fines if they take steps to require patrons to wear masks.  In an effort to make the cards or documents appear legitimate, fraudsters may include the U.S. Department of Justice’s seal or include other threatening language. The Department of Justice is also aware of efforts by some to sell these fake cards to members of the public. 

The public should take note that the Department did not issue these documents, and the Department does not endorse them.  Furthermore, the Department has not granted permission for the use of its seal for this purpose, and misusing the Department seal is a federal crime.

"During this pandemic, false information—and fake cards like these—do a grave disservice to us all as we try to understand and follow the public-health measures our governments have ordered,” said U.S. Attorney Higdon.  “The public should be aware that these cards are fake and rest assured that we will investigate those who are knowingly creating or peddling these fraudulent cards to the unsuspecting public.”

A copy of this press release is located on our website.

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The year 2020 marks the 150th anniversary of the Department of Justice.  Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.

 


DEPARTMENT OF JUSTICE AWARDS $2.2 MILLION FOR INNOVATIVE COMMUNITY POLICING PROJECTS

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Door County Sheriff's Department Receives Grant for Officer Safety and Wellness Project.

U.S. Attorney Matthew D. Krueger joined the Department of Justice in announcing $2.2 million in grant funding to law enforcement agencies and stakeholders through the Department’s Office of Community Oriented Policing Services (COPS Office) Community Policing Development (CPD) Microgrants Program. COPS Office Director Phil Keith announced 29 awards with award amounts ranging from $15,090 to $100,000. 

In the Eastern District of Wisconsin, Door County Officer Safety and Wellness Project was awarded $30,000.

“The CPD Microgrants Program is a critical resource to advance innovative community policing projects across the country,” said Director Keith.  “These strategic investments from the COPS Office pay huge dividends to state and local law enforcement agencies and the communities that they serve.”

CPD Microgrants Program funds are used to develop the capacity of local, state, and tribal law enforcement agencies to implement community policing strategies. Applicants were invited to propose demonstration or pilot projects to be implemented in their agency that offer creative ideas to advance crime fighting, community engagement, problem solving, or organizational changes to support community policing in one of the following areas:

  • Human Trafficking
  • Meeting Rural Law Enforcement Challenges
  • Officer Safety and Wellness
  • Recruitment, Hiring, and Retention
  • School Safety
  • Staffing and Allocation Studies
  • Victim-Centered Approaches
  • Violent Crime
  • Youth Engagement

Funding through this program is available for the first time since 2018, following the successful removal of a nationwide injunction. These awards are being announced at a critical time for our country, when community policing strategies are very much needed to improve police and community relations.
 
The complete list of awards can be found here https://cops.usdoj.gov/pdf/2020AwardDocs/cpdmicrogrants/Award_List.pdf. To learn more about CPD Microgrants, please visit https://cops.usdoj.gov/cpdmicrogrants.  For additional information about the COPS Office, please visit www.cops.usdoj.gov.
 
The year 2020 marks the 150th anniversary of the Department of Justice.  Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
 
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Operation Kick Boxer Continues to Have Local Impact with Arrest and Charges Against Indiana Man Who Travelled to Wisconsin for Sex with a 15-Year-Old

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United States Attorney Matthew D. Krueger of the Eastern District of Wisconsin, announced that Ronald P. Ortega (age: 47) of Dyer, Indiana, was charged via a criminal complaint following his July 6, 2020, arrest by local and federal authorities.

Ortega’s arrest coincided with Monday’s announcement of Operation Kick Boxer, a collaborative effort involving the Milwaukee Division of the Federal Bureau of Investigation (FBI), the U.S. Attorney's Office for the Eastern District of Wisconsin, and the Winnebago County Sheriff's Office. (https://www.fbi.gov/contact-us/field-offices/milwaukee/news/press-releases/international-operation-targeting-individuals-sexually-abusing-children-and-distributing-child-sexual-abuse-materials).

According to the complaint and supporting affidavit, Ortega began exchanging instant messages with “Lisa,” whom he believed to be the mother of a 15-year-old girl living in Oshkosh, Wisconsin.  The complaint also alleges that Ortega expressed repeated interest in engaging in sexual activity with the 15-year-old and looked forward to “taking her virginity.”  According to the complaint, Ortega also sent pornographic images of children to “Lisa” and expressed an interest in digitally recording the sexual intercourse between himself and her child.

“Lisa” was, in fact, a law enforcement agent working as a part of Operation Kick Boxer.  Ortega was arrested after leaving the hotel room he had procured in preparation for meeting the child.

Ortega faces charges of using a computer to attempt to persuade, induce, or entice a minor to engage in unlawful sexual activity, in violation of Title 18, United States Code, Section 2422(b), and attempted production of child pornography, in violation of Title 18, United States Code, Section 2251(a). 

He faces a mandatory minimum sentence of 15 years and up to a lifetime of imprisonment if convicted of those charges. He was ordered detained pending trial.

A criminal complaint is only a charge and is not evidence of guilt.  The defendant is presumed innocent and is entitled to a fair trial at which the government must prove him guilty beyond a reasonable doubt.  

This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006, by the U.S. Department of Justice. Led by U.S. Attorneys’ Offices and the Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood, marshals, federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov. 

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California Man Pleads Guilty to Wire Fraud in Connection to a Scheme to Steal Cash from Bank Accounts Through ATM Withdrawals

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SHREVEPORT, La. United States Attorney David C. Joseph announced that Dennis Busch, 40, of Costa Mesa, California, pled guilty yesterday afternoon to wire fraud, in connection with a scheme to use altered debit cards to steal cash from Capital One bank accounts.

According to court documents, Busch used altered, re-encoded Capital One debit cards to make cash withdrawals from Capital One ATMs in the Shreveport and Bossier City area. From September 24, 2018 to October 8, 2018, Busch withdrew $33,838 from the bank accounts of numerous Capital One account holders. From August 13, 2019 to August 22, 2019, Busch withdrew $28,207 from Capital One bank accounts. During this time, he attempted to withdraw approximately $44,634 over numerous additional transactions, but was denied by the bank. Busch obtained the information of the Shreveport residents while he resided in California, and then traveled to the Shreveport area to commit the fraud. Throughout the scheme, Busch withdrew, or attempted to withdraw, approximately $106,679 in total.   

Chief U.S. District Judge S. Maurice Hicks Jr., presided over the hearing and set sentencing for October 20, 2020. Busch faces up to 20 years in prison, a $250,000 fine, and up to three years of supervised release.

The United States Secret Service is investigating the case. Assistant U.S. Attorney Cadesby B. Cooper is prosecuting the case.

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The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.

Manager of Senior Apartment Complex Sentenced for Using Power of Attorney to Steal from Elderly and Disabled Widow

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The manager of a Dubuque senior apartment complex, who used a power of attorney to defraud an elderly and disabled nursing home resident was sentenced July 7, 2020, to five years’ probation.  Janice Kay Schultz, age 59, from Dubuque, Iowa, received the prison term after a February 3, 2020 guilty plea to one count of wire fraud.

In a plea agreement, Schultz admitted that she met her victim at the senior apartment complex in Dubuque that Schultz managed.  The victim lived alone and had no family.  In December 2010, the victim was admitted to a Dubuque nursing home after suffering a stroke and a fall.  Afterwards, her physical and cognitive abilities abruptly declined such that she could no longer live at the apartment complex.  In April 2011, the victim signed a power of attorney form that purported to give Schultz full authority to manage the victim’s financial affairs.  However, the power of attorney expressly stated that defendant was not permitted to make any gifts to herself.

From April 2011 through January 2015, Schultz used the power of attorney to steal nearly $60,000 from the victim.  Schultz used this money to buy Green Bay Packer football tickets and pay for other personal expenses.  Schultz purchased $24,000 in gift certificates, which she then used for a major home improvement project.  At one point, the victim no longer had the necessary funds to support her stay in the nursing home.  The Iowa Medicaid program began paying for the victim’s care at the nursing home.  Schultz told Iowa Medicaid that the victim had not sold or given away anything of value in the months preceding her application for benefits.

Schultz was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Schultz was sentenced to five years’ probation and fined $2,000.  She was ordered to make $59,963 in restitution to the victim’s estate and to repay $5,000 in court-appointed attorney fees.

The prosecution of Schultz is part of the Department of Justice’s Elder Abuse Initiative.  In March 2016, the United States Attorney’s Office for the Northern District of Iowa was selected as one of ten districts nationwide to launch regional Elder Justice Task Forces.  The Elder Justice Task Forces reflect the department’s larger strategy and commitment to protecting our nation’s seniors, spearheaded by the department’s Elder Justice Initiative.  The Elder Justice Initiative coordinates and supports the Department’s law enforcement efforts and policy activities on elder justice issues.  It plays an integral role in the department’s investigative and enforcement efforts against nursing homes and other long-term care entities that deliver grossly substandard care to Medicare and Medicaid beneficiaries.  The United States Attorney’s Office for the Northern District of Iowa has rededicated its efforts and resources to investigate and hold accountable those who have been involved in activities incompatible with ensuring that the state’s more vulnerable citizens are treated with dignity and respect.

The charges also were brought in connection with the President’s Financial Fraud Enforcement Task Force.  The task force was established to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes.  With more than 20 federal agencies, 94 U.S. attorneys’ offices, and state and local partners, it’s the broadest coalition of law enforcement, investigatory and regulatory agencies ever assembled to combat fraud.  Since its formation, the task force has made great strides in facilitating increased investigation and prosecution of financial crimes; enhancing coordination and cooperation among federal, state and local authorities; addressing discrimination in the lending and financial markets; and conducting outreach to the public, victims, financial institutions and other organizations.  Since fiscal year 2009, the Justice Department has filed over 18,000 financial fraud cases against more than 25,000 defendants.  For more information on the task force, please visit www.StopFraud.gov.

The case was prosecuted by Assistant United States Attorney Tim Vavricek and investigated by the Dubuque Police Department. 

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl

The case file number is 20-cr-1003.

Follow us on Twitter @USAO_NDIA.

Wilkes-Barre Woman Sentenced To 66 Months’ Imprisonment For Drug Trafficking And Firearms Offenses

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SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Na’Deardra Mayhams, age 28, of Wilkes-Barre, Pennsylvania, was sentenced on July 7, 2020 to 66 months’ imprisonment and three years of supervised release by United States District Court Judge Malachy E. Mannion, for heroin and crack cocaine trafficking and firearms offenses.

According to United States Attorney David J. Freed, between February 2016 and May 2016, Mayhams was a member of a drug ring that distributed heroin and crack cocaine in the Wilkes-Barre area.  Mayhams personally sold narcotics to a confidential informant, and a search of her residence recovered heroin, crack cocaine, and a firearm.  A search warrant of the residence of Mayhams’s codefendants recovered a second firearm registered in her name.  Mayhams pleaded guilty to trafficking five grams of crack cocaine and 40 grams of heroin, the latter of which is the equivalent of approximately 1,600 potentially fatal doses of heroin, and for possessing firearms in furtherance of her drug dealing activities.

Four other members of the drug ring previously were sentenced:

  • Davon Beckford, of Wilkes-Barre, was sentenced to time served of approximately 13 months of imprisonment and three years of supervised release.  After violating the terms of his supervised release, Beckford was sentenced to an additional 6 months’ imprisonment.
  • Jaquan Henderson, of Wilkes-Barre, was sentenced to 96 months’ imprisonment and three years of supervised release.
  • Stephanie Walter, of Sugar Notch, Pennsylvania, was sentenced to two years of probation.
  • Al Dunlap, of Wilkes-Barre, was sentenced to 108 months’ imprisonment and three years of supervised release.

A sixth defendant, Truman Jones, was convicted at trial in December 2019 and awaits sentencing.

The matter was investigated by the Bureau of Alcohol Tobacco, Firearms and Explosives, the Wilkes-Barre Police Department, the Luzerne County Drug Task Force, and the Pennsylvania State Police.  Assistant United States Attorneys Phillip J. Caraballo and Jenny Roberts prosecuted the case.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.

This case also is part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws.  Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities.

This case further was brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin.  Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.

 

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Prescott Man Sentenced To 10 Years In Federal Prison For Drug Trafficking

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El Dorado, Arkansas – David Clay Fowlkes, Acting United States Attorney for the Western District of Arkansas, announced that Larry Peters Jr., 37, of Prescott, Arkansas, was sentenced yesterday to 120 months in federal prison, followed by 5 years of supervised release, for conspiring to distribute 50 grams or more of methamphetamine.  The Honorable Chief Judge Susan O. Hickey presided over the sentencing hearing, in the United States District Court’s Texarkana Division.

According to court records, the South Central Drug Task Force and the Federal Bureau of Investigation (FBI) made a controlled purchase of methamphetamine from Peters in Prescott, Arkansas, in January 2019.  The substances purchased from Peters were submitted to the Arkansas State Crime Laboratory, which found them to contain 159.71 grams (approximately 5.6 ounces) of pure methamphetamine.

Peters was indicted by a federal grand jury in May of 2019,and entered a guilty plea in October of 2019. 

This case was investigated by the FBI and the South Central Drug Task Force.  Assistant United States Attorney Graham Jones prosecuted the case for the Western District of Arkansas.

 

 

Two Indicted In Federal Court For Burglary of Firearms Dealer

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WILMINGTON, Del. – On July 7, 2020, a federal grand jury indicted Nahsiem McIntosh, 21 years old, and Derris Lloyd, 35, both of Wilmington, Delaware, for offenses related to the May 31, 2020, burglary of the American Sportsman, a federal firearms dealer in Newark, Delaware. 

According to the Indictment, 35 firearms were stolen. McIntosh and Lloyd are charged with: (1) theft of firearms from a federal firearms licensee and aiding and abetting the theft; (2) possession of a firearm by a prohibited person; and (3) possession of a stolen firearm. McIntosh is charged with possessing one of the stolen firearms on June 1, 2020; Lloyd is charged with possession of one of the stolen firearms on June 18, 2020.

If convicted of all crimes charged, the defendants face a maximum penalty of 30 years in prison. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.

The Indictment is a part of an ongoing investigation by the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF).  The ATF was assisted by the Delaware State Police, FBI, U.S. Marshals Service, Wilmington Police Department, New Castle County Police Department and Delaware State Probation and Parole.

David C. Weiss, U.S. Attorney for the District of Delaware, and Timothy Jones, ATF Baltimore Special Agent in Charge, made the announcement. Assistant U.S. Attorneys Christopher L. de Barrena-Sarobe and Maureen McCartney are prosecuting the case.

One unaccounted firearm in our community is too many. 35 guns on the street is unacceptable. We again ask for the public’s assistance in providing any information about the theft of these firearms or the suspects appearing in the attached photos. A $5,000 reward for information leading to the arrest of these individuals still stands. Please call 888-ATF-TIPS (888-283-8477) or send an email to ATFTips@atf.gov if you have information.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the District of Delaware. Related court documents and information is located on the website of the District Court for the District of Delaware or on PACER by searching for Case No. 1:20-cr-040.

An indictment contains allegations that a defendant has committed a crime. Every defendant is presumed to be innocent until and unless proven guilty in court.


Former Orange Acting Business Administrator Indicted on Corruption, Fraud, and Tax Charges

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NEWARK, N.J. – The former acting business administrator for the Township of Orange, New Jersey, has been charged in a 28-count indictment with conspiracy, bribe-taking, money and property fraud, federal tax fraud, and making false statements in connection with a mortgage, U.S. Attorney Craig Carpenito announced today.

Willis Edwards III, 49, formerly of East Orange, New Jersey, and currently of Lithonia, Georgia, was charged with 14 counts of wire fraud, two counts of bribery in connection with the business of a federally funded local government, two counts of theft from a federally funded local government, two counts of mail fraud, two counts of false statements concerning a mortgage, one count of bribery in connection with the business of a federally funded local government and organization, one count of theft from a federally funded local government and organization, one count of conspiracy to commit wire fraud, one count of conspiracy to commit wire fraud and mail fraud, one count of conspiracy to defraud the United States and the IRS, and one count of filing a false tax return. A date for Edwards’ arraignment has not yet been scheduled.

According to documents filed in this case:

In January 2015, Edwards had his friend, Franklyn Ore, form Urban Partners LLC (Urban Partners), using cash provided by Edwards. During 2015, Edwards used Urban Partners to funnel to himself a stream of concealed kickbacks in exchange for Edwards’ official action as an Orange public official and assistance in the affairs of Orange and in violation of his duties in connection with:

  • A Saturday literacy program for which Orange and the Orange Public Library were awarded a $50,000 Community Development Block Grant, funded by the U.S. Department of Housing and Urban Development (HUD) and administered by Essex County, to provide tutoring services for low and moderate-income families (the Saturday Literacy Program);

 

  • A project for which an urban planning company located in Montclair, New Jersey, had received a one-year, $150,000 contract from Orange to provide professional economic planning services to analyze the conditions within the Central Orange Redevelopment Area (the “redevelopment project”); and

 

  • A project to acquire the Orange YWCA building and develop it into a community recreation center.

 

The Saturday Literacy Program Fraud and Kickbacks

Despite knowing that Urban Partners did not provide any services to the library in connection with the Saturday Literacy Program, Edwards caused false and fraudulent vouchers to be submitted in March 2015 and in May 2015 to Essex County seeking Saturday literacy grant funds for expenses purportedly paid to Urban Partners. In support of the fraudulent vouchers, Edwards had phony documents submitted to Essex County, including: (1) a sham contract between Urban Partners and the library, backdated to over six months before Urban Partners had been formed, (2) false statistical data about the children who supposedly attended the literacy sessions, (3) fake Urban Partners invoices, and (4) backdated library checks payable to Urban Partners that had not been negotiated when submitted to Essex County to give the false impression that the Library had paid Urban Partners, when it had not done so.     

Between April 2015 and June 2015, Essex County provided the Library with $50,000 in HUD funds for the Saturday Literacy Program. Between May 2015 and August 2015, Edwards caused the library to pay Urban Partners approximately $36,000, despite knowing that Urban Partners had not provided the library with any services in connection with the Saturday Literacy Program. Edwards received kickbacks from Ore from the money paid to Urban Partners by the library. At Edwards’s direction, Ore also provided a portion of the proceeds from the library to an associate of Edwards. Ore spent the remaining proceeds for his own personal benefit.

The Redevelopment Project Fraud and Kickbacks

  Edwards used his influence as an Orange public official to arrange for the planning company to hire Urban Partners after the planning company had received its contract with Orange. Ore provided services to the Planning Committee and, between August 2015 and February 2016, the planning company, which was receiving payments from Orange, paid Urban Partners $33,220. Edwards received kickbacks from Ore from the money that the planning company paid to Urban Partners.

The YWCA Project Fraud and Kickback

In December 2015, aware that his resignation as an Orange public official would become effective on Dec. 31, 2015, Edwards took further steps to use his position for corrupt and fraudulent purposes. Edwards advised Ore that Edwards had access to Orange discretionary funds and wanted to use them by the end of the year. At Edwards’s instruction, Ore generated and submitted a fraudulent invoice from Urban Partners to Orange, billing Orange $16,800 for services purportedly related to the YWCA Project. Edwards, knowing that no services has been rendered, approved the issuance of a purchase order and Orange paid Urban Partners $16,800.  On Dec. 30, 2015, Edwards received a substantial amount of the $16,800 in a kickback from Ore.

The Plagiarism Scheme

From June 2015 to June 2016, Edwards duped Orange into making payments to a consultant, which were, at least in part, for academic papers that the consultant arranged to have written for Edwards. Edwards, who was enrolled in a graduate program at a university in New Jersey, plagiarized the papers that Orange paid for and passed them off as his own work. Between December 2015 and March 2016, with Edwards’s approval, the consultant submitted three fraudulent invoices to Orange calling for payments of $12,000, $16,000, and $10,000 for purported professional services. Orange paid the money to the consultant and Edwards received from the consultant academic papers that had been written for him. On June 20, 2016, Edwards submitted several papers which were virtually identical to the papers that he had received from the consultant. In emails to the professors, to which the papers were attached, Edwards asked the professors to grade the attached outstanding assignments so that he did “not receive a failing grade for all of the hard work that [he had] done.”

The Graduate School Payments Scheme

The indictment also charges Edwards with fraud in connection with funding his graduate studies. Between December 2015 and July 2016, Edwards engaged in a scheme to defraud Orange of $25,142 in payments to himself and University 1 related to Edwards’s graduate courses there and at another university in New Jersey through the use of a fraudulent approval memorandum. In February 2016, when Edwards was no longer an Orange public official, he dictated the following language to an employee in Orange’s Finance Department (Orange Employee 1) for use in a fraudulent approval memorandum addressed to Edwards: “As per the employee handbook, this memorandum serves as consent for you [Edwards] to enroll in the courses as discussed. Please forward the invoices to process for payment.” Edwards instructed Orange Employee 1 to backdate the memorandum to Aug. 17, 2015, to give the false impression that Edwards had received approval for Orange to pay for academic courses in which he had enrolled.

On Feb. 10, 2016, at Edwards’s direction, Orange Employee 1 sent an email to a senior public official in the office of the Mayor of Orange (Orange Employee 2) containing a draft of the fraudulent approval memorandum. Orange Employee 2 later provided Orange Employee 1 with a final copy of the fraudulent approval memorandum on Orange letterhead, purportedly from the Mayor of Orange, addressed to Edwards, and backdated to Aug. 17, 2015. It included the language that Edwards dictated to Orange Employee 1 and bore the stamp of the initials of the Mayor of Orange to give the false impression that the Mayor of Orange had approved Edwards’s reimbursement for the courses, when the Mayor of Orange had not done so.

Federal Tax Fraud

Edwards also caused a false 2015 federal tax return to be filed with the IRS. From January 2016 to April 15, 2016, Edwards conspired with his tax return preparer, Zenobia Williams, to defraud the United States and the IRS by claiming bogus labor expenses of $27,055 for his business, Natural Care Municipal Cleaning Services LLC (Natural Care), on that tax return. In addition to falsifying business expenses, Edwards also underreported Natural Care’s income. He reported $40,000 in gross receipts, when Natural Care actually received approximately $52,000 in payments from a New Jersey law firm and approximately $32,500 in payments from a local Board of Education. Edwards also did not report the ill-gotten gains that he obtained in 2015 in connection with the Saturday Literacy Program, the Redevelopment Project, and the YWCA Project. 

Making False Statements in Connection with a Mortgage

In 2014, Edwards also made false statements to obtain mortgage relief on a $248,000 30-year mortgage loan that he obtained in 2005 to purchase a residence in East Orange, New Jersey. As of Feb. 11, 2014, Edwards had fallen substantially in arrears on his mortgage payments. On April 7, 2014, Edwards submitted a completed Request for Mortgage Assistance form to the mortgage servicer. Edwards disclosed that he was employed by Orange and falsely indicated that he did not have a second employer, when, at the time, he also was employed by a New Jersey County College at an annual salary of approximately $45,000. On Oct. 8, 2014, Edwards and the mortgage servicer entered into a Home Affordable Modification Agreement. In reliance upon false representations made by Edwards, the mortgage servicer provided the following benefits, among others, to Edwards: (1) $95,590 of Edwards’s debt was forgiven between July 2015 and July 2017, and (2) the real estate property was taken out of foreclosure.

The charges carry the following maximum potential penalties:

 

Offenses Charged

Maximum Term of Imprisonment

Maximum Fine

Conspiracy to commit wire fraud or wire fraud and mail fraud

20 years

$250,000

Wire fraud

20 years

$250,000

Mail fraud

20 years

$250,000

Theft from a federally-funded local government

10 years

$250,000

Bribery in connection with the business of a federally funded local government

10 years

$250,000

Conspiracy to defraud the United States and the IRS

Five years

$250,000

Subscribing to a false tax return

Three years

$250,000

False statement concerning a mortgage

30 years

$1,000,000

 

 

 

 

On Jan. 13, 2020, Ore entered a guilty plea to an information charging offenses related to the Saturday Literacy Program, the Redevelopment Project, and the YWCA Project. On Feb. 13, 2020, Timur Davis, the former Executive Director of the Orange Library, entered a guilty plea to an information charging an offense related to the Saturday Literacy Program and another HUD-funded program to replace an HVAC/Chiller unit at the Library. On Dec. 30, 2019, Williams entered a guilty plea to conspiring to defraud the United States and the IRS.

U.S. Attorney Carpenito credited special agents of the FBI, under the direction of Acting Special Agent in Charge Joe Denahan in Newark; special agents of the U.S. Department of Housing and Urban Development, Office of Inspector General, under the direction of Special Agent in Charge Christina Scaringi; and special agents of IRS-Criminal Investigation, under the direction of Special Agent in Charge Michael Montanez with the investigation leading to the charges.

The government is represented by Assistant U.S. Attorneys Cari Fais and J Fortier Imbert of the U.S. Attorney’s Office’s Special Prosecutions Division.

The charges and allegations in the indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.

Oklahoma City Hospital, Management Company, and Physician Group to Pay $77.2 Million to Settle Federal and State False Claims Act Allegations Arising from Improper Payments to Referring Physicians

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 OKLAHOMA CITY - Oklahoma Center for Orthopaedic and Multi-Specialty Surgery (OCOM), a specialty hospital in Oklahoma City, Oklahoma, its part-owner and management company, USP OKC, Inc. and USP OKC Manager, Inc. (collectively USP), Southwest Orthopaedic Specialists, PLLC (SOS), an Oklahoma City-based physician group, and two SOS physicians, will pay $77.2 million to resolve allegations under the False Claims Act and the Oklahoma Medicaid False Claims Act of improper relationships between OCOM and SOS, resulting in the submission of false claims to the Medicare, Medicaid and TRICARE programs, the Justice Department announced today.    

The Anti-Kickback Statute prohibits offering, paying, soliciting, or receiving remuneration to induce referrals of items or services covered by Medicare, Medicaid, and other federally funded programs.  The Physician Self-Referral Law, commonly known as the Stark Law, prohibits a hospital from billing Medicare for certain services referred by physicians with whom the hospital has an improper financial arrangement, including the payment of compensation that exceeds the fair market value of the services actually provided by the physician and the provision of free or below-market rent and office staff.  Both the Anti-Kickback Statute and the Stark Law are intended to ensure that physicians’ medical judgments are not compromised by improper financial incentives and instead are based on the best interests of their patients.

"Offering illegal financial incentives to physicians in return for patient referrals undermines the integrity of our health care system," said Acting Assistant Attorney General Ethan P. Davis of the Department of Justice Civil Division.  "Patients deserve the independent and objective judgment of their health care professionals."

"It is critical that we protect the integrity of federal health care benefit programs," said U.S. Attorney Timothy J. Downing for the Western District of Oklahoma. "Patients deserve care based on good medicine and informed choice, not the corrupting influence of money and other benefits.  No matter how complex and intertwined modern healthcare economics become, we are committed to ensuring that untainted care is always provided."

"The Defense Criminal Investigative Service is committed to ensuring that TRICARE, the U.S. military healthcare program, continues to provide safe and superior medical care to America's Warfighters," said Michael C. Mentavlos, Special Agent in Charge, Defense Criminal Investigative Service - Southwest Field Office. "Kickback schemes such as those resolved today, undermine our healthcare system, compromise medical decisions, and waste precious taxpayer dollars needed to provide critical care for our Warfighters, their family members, and military retirees."

"Kickback schemes like this drain valuable resources from the federal and state healthcare systems, which go to our most vulnerable," said Oklahoma Attorney General Mike Hunter. "This settlement is substantial and will hopefully send a clear, concise message to those who want to defraud the system – that we will not tolerate these illegal acts in our state. I am pleased we were able to work with our federal partners to achieve this successful outcome."

The settlement resolves allegations that between 2006 and 2018, OCOM and USP provided improper remuneration to SOS and certain of its physicians in exchange for patient referrals to OCOM in the form of (i) free or below-fair market value office space, employees, and supplies, (ii) compensation in excess of fair market value for the services provided by SOS and certain of its physicians, (iii) equity buyback provisions and payments for certain SOS physicians that exceeded fair market value, and (iv) preferential investment opportunities in connection with the provision of anesthesia services at OCOM.  The alleged conduct resulted in the submission of claims for services provided to these illegally referred patients, in violation of the False Claims Act and the Oklahoma Medicaid False Claims Act.  The settlement also resolves issues arising out of USP’s preferential offering of investment opportunities to physicians at four surgery facilities in Texas.  As a result of this settlement, USP will pay $60.86 million to the United States, $5 million to the State of Oklahoma, and $206,000 to the State of Texas.  SOS and two of its physicians, Anthony L. Cruse, D.O. and R.J. Langerman, Jr., D.O., will pay $5.7 million to the United States, and $495,619 to the State of Oklahoma.

Contemporaneous with the civil settlement, OCOM and SOS each entered into five-year Corporate Integrity Agreements (CIAs) with the U.S. Department of Health and Human Services – Office of Inspector General (HHS-OIG).  The CIAs require, among other things, that OCOM and SOS each maintain a compliance program and hire an Independent Review Organization to review arrangements entered into by or on behalf of their respective entities.  They also increase individual accountability by requiring compliance-related certifications from their key executives. 

"Patients rightly expect providers to deliver the best treatment without thought of financial gain," said Miranda L Bennett, Special Agent in Charge for the Office of Inspector General of the U.S. Department of Health and Human Services (HHS).  "Working with our Federal and State law enforcement partners we will continue protecting government health program beneficiaries and taxpayers."

The allegations resolved by the settlement were brought in a lawsuit filed under the qui tam, or whistleblowerprovisions of the False Claims Act, which permit private parties to sue on behalf of the United States for false claims and to receive a share of any recovery.  The whistleblower also alleged claims under the Oklahoma Medicaid False Claims Act.  The qui tam case is captioned United States ex rel. Allison v. Southwest orthopaedic Specialists, PLLC, et al., No. CIV-16-569 (W.D. Okla.).  The whistleblower share to be awarded in the case has not yet been determined.

These matters were investigated by the U.S. Attorney’s Office for the Western District of Oklahoma, the Civil Division’s Commercial Litigation Branch, and the State of Oklahoma Attorney General’s Office.  Investigative assistance was provided by the Office of Inspector General of the Department of Health and Human Services, the Centers for Medicare and Medicaid Services, and the Department of Defense’s Defense Criminal Investigative Service. 

The United States’ investigation and resolution of this matter illustrates its emphasis on combating healthcare fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse, and mismanagement, can be reported to the Department of Health and Human Services at 800-HHS-TIPS (800-447-8477).

The claims resolved by the settlement are allegations only, and there has been no determination of liability.

Inmate Sentenced for Running Crack Cocaine Distribution Conspiracy from Prison

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PROVIDENCE, RI –An Adult Correctional Institutions (ACI) inmate who admitted to running a drug trafficking conspiracy from inside the prison that delivered crack cocaine to individuals outside of the prison was sentenced today to more than six years in federal prison.

James Gomes, 33, formerly of Pawtucket, previously admitted to the Court that he executed a scheme where fellow inmates provided him with prospective crack cocaine buyers outside of prison and their contact information. Gomes often passed the information through his mother, Lisa Ellis, 51, of Pawtucket, to two individuals, Joshua Moore, 19, formerly of Pawtucket, and Gerald Price, 34, of Cranston, who delivered the drugs to Gomes’ customers.

An investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Rhode Island Task Force determined that, using his prison call account and the accounts of others, Gomes frequently called his mother directing her to establish conference calls with Moore and Price. During the conference calls, Gomes directed Ellis, Moore and/or Price to sell crack cocaine to others. According to information presented to the court, Ellis allegedly kept a small portion of the proceeds from the sales for herself and deposited the rest of the money into Gomes’ ACI prison account. 

Gomes pleaded guilty on October 15, 2019, to one count of conspiracy to distribute 28 grams or more of cocaine base, one count of distribution of 28 grams or more of cocaine base, and three counts of distribution of cocaine base.

At sentencing today, U.S. District Court Chief Judge John J. McConnell, Jr., sentenced Gomes to 77 months in federal prison, to be served concurrently with his present term of incarceration at the ACI, to be followed by 4 years of federal supervised release, announced United States Attorney Aaron L. Weisman and Special Agent in Charge of the Boston Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives Kelly D. Brady.

Joshua Moore pleaded guilty on September 4, 2019, to conspiracy to distribute 28 grams or more of cocaine base and three counts of distribution of cocaine base. He was sentenced on November 21, 2019, to 60 months in federal prison to be followed by 4 years of supervised release.

Gerald Price pleaded guilty on November 8, 2019, to conspiracy to distribute 28 grams or more of cocaine base, distribution of 28 grams or more of cocaine base, and three counts of distribution of cocaine base. He was sentenced on February 24, 2020, to 60 months incarceration to be followed by 4 years of supervised release.

Lisa Ellis is awaiting trial in federal court on charges of conspiracy to distribute 28 grams or more of cocaine base and four counts of distribution of cocaine base.

An indictment is merely an allegation and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.

The cases are being prosecuted by Assistant U.S. Attorney Milind M. Shah.

The ATF Rhode Island Task Force is comprised of agents and officers from ATF, Providence Police Department, Pawtucket Police Department, Cranston Police Department, Rhode Island State Police, and the Rhode Island Department of Corrections.

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Hope Hospice Agrees To Pay $3.2 Million To Settle False Claims Act Liability

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Fort Myers, FL – United States Attorney Maria Chapa Lopez announces today that Hope Hospice has agreed to pay the United States $3.2 million to resolve allegations that it knowingly submitted false claims to Medicare, Medicaid, and TRICARE for hospice care provided to beneficiaries who did not qualify for the service. Founded in 1979, Hope Hospice is a subsidiary of Hope Healthcare. Hope Healthcare is a not-for-profit organization that provides a variety of programs for the elderly in Lee, Hendry, and Glades Counties, including hospice and palliative care services.

Hospice care is special end-of-life care for terminally ill patients intended to comfort the dying. Patients admitted to hospice care generally stop receiving coverage for traditional medical care intended to cure their illnesses and instead receive medical care focused on providing them with relief from the symptoms, pain, and stress of a terminal illness. Medicare patients are considered to be terminally ill and hospice eligible when they have a life expectancy of six months or less if their illness runs its normal course.

This settlement resolves allegations that Hope Hospice knowingly submitted false claims to Medicare for hospice services for patients who were not terminally ill.  According to the settlement agreement, the United States alleged that from July 1, 2012 to June 30, 2016, Hope Hospice billed Medicare for four or more years of hospice care for certain patients who were not terminally ill for at least a portion of their greater than four year hospice stay.

The settlement also resolves allegations that Hope Hospice knowingly submitted false claims to Medicare, Medicaid, and TRICARE for general inpatient (“GIP”) hospice care in circumstances where that higher level of care was not medically necessary. Medicare, Medicaid, and TRICARE reimburse for four different levels of hospice care: routine home care, continuous home care, inpatient respite care, and GIP. GIP is for pain control or symptom management that cannot be managed in other settings, such as a patient’s home. GIP is intended to be short-term and is reimbursed at a higher rate than routine home care or inpatient respite care. According to the settlement agreement, the United States alleged that Hope Hospice knowingly submitted false claims from January 1, 2011 to June 30, 2016, to Medicare, Medicaid and TRICARE for unnecessary GIP hospice care for certain patients for whom Hope Hospice billed for over two weeks of GIP care. 

As part of the settlement, Hope Hospice has agreed to enter into a Corporate Integrity Agreement (CIA) with HHS OIG. The CIA promotes compliance with the statutes, regulations, program requirements, and written directives of Medicare, Medicaid, and all other federal health care programs, specifically dealing with, among other things, the proper billing and submission of reimbursement claims by Hope Hospice.

“Our seniors rely on the hospice program to provide them with quality care, dignity and respect, when they are terminally ill and need end-of-life care,” said United States Attorney Maria Chapa Lopez. “This investigation and settlement demonstrates our continued commitment to combating health care fraud and protecting the financial solvency of this critical benefit.” 

Attorney General Ashley Moodysaid, “Hospice care has brought peace of mind and reduced suffering for so many Floridians and their families. It is vital that we ensure this compassionate health care service is not exploited and that Medicaid recipients nearing the end of their journey are able to access these end-of-life resources to help bring dignity and peace to those with terminal illnesses. I am proud to work with our federal partners to preserve the integrity of hospice care in Florida.”

“Hospice care is designed to provide quality end-of-life care and is only medically appropriate – and reimbursable by Medicare – for terminally ill patients,” said Special Agent in Charge Omar Pérez Aybar of the U.S. Department of Health and Human Services Office of Inspector General (HHS OIG). “HHS OIG, in concert with our investigative and prosecutive partners, will continue to vigorously pursue and hold accountable providers who knowingly submit fraudulent claims to Medicare and Medicaid.” 

"This settlement is representative of quality, uncompromising work by DCIS, our investigative partners and the U.S. Attorney's Office to ensure the integrity of the Department of Defense’s Healthcare system, commented Cynthia A. Bruce, Special Agent in Charge, Southeast Field Office, Defense Criminal Investigative Service. We are committed to fully investigating allegations of fraud, waste and abuse, which jeopardize our military families’ precious healthcare resources."

The settlement concludes a lawsuit originally filed in the United States District Court for the Middle District of Florida by Margaret Peters who formerly worked at Hope Hospice as the Director of Hospice Care. Peters sued under the qui tam, or whistleblower, provisions of the False Claims Act permitting a private citizen to sue on behalf of the United States for false claims and to share in the recovery. The case is captioned U.S. and the State of Florida ex rel. Margaret Peters v. Hope Hospice and Community Services, et al, No. 2:16-cv-6-FtM-99MRM. The Act also allows the United States to intervene and prosecute the action. Peters will receive 19% of the proceeds from the settlement with Hope Hospice.

The investigation was handled by the Fort Myers Division of the U.S. Attorney’s Office for the Middle District of Florida and Trial Attorney Holly H. Snow from the Civil Division’s Commercial Litigation Branch, with assistance from the U.S. Department of Health and Human Services – Office of Inspector General, Defense Criminal Investigative Service, and the State of Florida Medicaid Fraud Control Unit Civil Enforcement Bureau. The claims resolved by the settlement are allegations only, and there has been no determination of liability.

The government’s action in this matter illustrates the emphasis on combating health care fraud, and one of the most powerful tools in this effort is the False Claims Act. Tips from all sources about potential fraud, waste, abuse, and mismanagement can be reported to the Department of Health and Human Services, at 800-HHS-TIPS (800-447-8477).

East Chicago Man Sentenced To 70 Months In Prison

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HAMMOND-Prince McNeil, 24, of East Chicago, Indiana, was sentenced by Judge Moody to 70 months in prison and 2 years of supervised release following his guilty plea to possessing a firearm as a previously convicted felon, announced U.S. Attorney Kirsch.    

According to documents in the case, on August 26, 2019, in Hammond, Indiana, Prince McNeil crashed his vehicle while in possession of a .357 firearm with an extended magazine and laser sight.  The firearm was previously reported stolen.  McNeil has a prior felony conviction for carrying a handgun without a license, for which he was on probation at the time of the instant offense.         

This case is the result of the investigative efforts of the ATF/HIDTA Task Force, the Hammond Police Department and the East Chicago Police Department.  The case was prosecuted by Northern District of Indiana Assistant U.S. Attorney Caitlin M. Padula.

 

 

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