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Wednesday 8 August 2012
Philadelphia La Cosa Nostra Capo Pleads Guilty to Racketeering ConspiracyRead the Press Release
WASHINGTON – Martin Angelina, 50, of Philadelphia, pleaded guilty today to participating in a racketeering conspiracy involving loan sharking and illegal gambling, announced Assistant Attorney General Lanny A. Breuer of the Justice Department’s Criminal Division, U.S. Attorney Zane David Memeger of the Eastern District of Pennsylvania and George C. Venizelos, Special Agent in Charge of the FBI’s Philadelphia Division.
At the plea hearing before U.S. District Judge Eduardo C. Robreno of the Eastern District of Pennsylvania, Angelina pleaded guilty to conspiring to conduct and participate in the affairs of the Philadelphia La Cosa Nostra (LCN) Family through a pattern of racketeering activity. He admitted to the court that he attempted to collect payments related to usurious loans by using extortionate means and operated an illegal video poker machine business in furtherance of the racketeering conspiracy. His sentencing is scheduled for Dec. 3, 2012.
Angelina was among 14 members and associates of the Philadelphia LCN Family charged with crimes involving racketeering conspiracy, extortion, loan sharking, illegal gambling, witness tampering and theft from an employee benefit plan in a third superseding indictment returned by a federal grand jury in Philadelphia on July 25, 2012. The other defendants charged in the 52-count third superseding indictment included Philadelphia LCN Family boss Joseph Ligambi, Philadelphia LCN Family underboss Joseph Massimino, George Borgesi, Gaeton Lucibello, Anthony Staino Jr., Damion Canalichio, Louis Barretta, Gary Battaglini, Robert Verrecchia, Eric Esposito, Robert Ranieri, Joseph Licata and Louis Fazzini.
Gaeton Lucibello pleaded guilty to racketeering conspiracy charges on Aug. 2, 2012, and is scheduled to be sentenced on Nov. 26, 2012.
The trial for Ligambi, Massimino, Borgesi, Staino, Canalichio, Barretta, Battaglini, Licata and Fazzini is scheduled for Oct. 9, 2012. The trial for Verrecchia, Esposito and Ranieri has not yet been scheduled. Ligambi, Massimino, Borgesi, Canalichio, Licata and Fazzini are detained while awaiting trial. Staino, Barretta, Battaglini, Verrecchia, Esposito and Ranieri are free on bond while awaiting trial.
The case is being prosecuted by Trial Attorney John S. Han of the Criminal Division’s Organized Crime and Gang Section and Assistant U.S. Attorneys Frank A. Labor III and Suzanne B. Ercole of the Eastern District of Pennsylvania. Valuable prosecutorial assistance was provided by the Pennsylvania Office of the Attorney General.
The case is being investigated by the FBI, the Internal Revenue Service Criminal Investigation Division, the Pennsylvania State Police, the New Jersey State Police, the Philadelphia Police Department, and the U.S. Department of Labor’s Office of Inspector General Office of Labor Racketeering and Fraud Investigations, and Employee Benefits Security Administration. Additional assistance was provided by the New Jersey Department of Corrections.
Employment Screening Services Provider Settles Chargesof Violating Fair Credit Reporting ActRead the Press Release
A company that marketed public records about consumers to employers making hiring decisions agreed to settle charges that it violated the Fair Credit Reporting Act and pay $2.6 million in civil penalties , the Justice Department announced.
In a complaint filed today, the United States alleged that HireRight Solutions Inc., an Oklahoma corporation based in Tulsa, Okla., violated the Fair Credit Reporting Act (FCRA) by failing to comply with FCRA provisions designed to ensure the accuracy of background reports about potential employees. HireRight combined public information, including court records, into profiles provided to thousands of employers considering consumers for jobs, primarily in the trucking industry. The complaint alleges that poor quality control led HireRight to include erroneous and duplicate information in its reports. The complaint also alleges that HireRight failed to provide consumers timely access to the information in their own files and did not appropriately conduct investigations of disputed items when requested.
“Inaccurate consumer reports can keep qualified applicants from finding work and keep employers from finding good employees,” said Stuart Delery, Acting Assistant Attorney General for the Civil Division. “In this age of increased collection and distribution of consumer information, aggressive enforcement of the FCRA ensures that these reports contain facts, not mistakes.”
Along with the $2.6 million civil penalty, HireRight agreed to injunctions against future FCRA and Federal Trade Commission (FTC) Act violations in a proposed consent decree filed with the complaint. The consent decree also requires HireRight to maintain reasonable procedures to ensure the accuracy of reports and, upon request, to provide consumers the information in their files, such as criminal history reports. Access to these reports ensures that the consumers can dispute erroneous criminal history information that would substantially interfere with their ability to obtain a job.
The FTC, which oversees the FCRA, referred the case to the Justice Department. The lawsuit, United States v. HireRight Solutions Inc., was filed in the District of the District of Columbia.
Acting Assistant Attorney General Delery thanked the Federal Trade Commission for referring this matter to the Department. The Consumer Protection Branch of the Justice Department’s Civil Division brought the case on behalf of the United States. Acting Assistant Attorney General Delery reminded consumers that they have a right to review the information collected by consumer reporting agencies and dispute incorrect entries. Consumers can report complaints to the FTC through the agency’s website at www.ftccomplaintassistant.gov.
Cleanup and Natural Resources Improvement Agreement Reached at Ashland Lakefront Superfund Site in WisconsinRead the Press Release
WASHINGTON – Northern States Power Co. will begin cleanup of the Ashland/Northern States Power Lakefront Superfund Site in Northwestern Wisconsin under a settlement the Department of Justice and the Environmental Protection Agency (EPA) announced today. The 40-acre site is located on the shore of Chequamegon Bay in Lake Superior and was used for various industrial purposes for more than a century, resulting in the release of volatile organic compounds, such as benzene, and semivolatile organic compounds, such as naphthalene, at the site.
Under the agreement, filed today with the U.S. District Court for the Western District of Wisconsin in Madison, Wis., Northern States Power will design, construct and implement the cleanup plan for the on-land portion of the site. The on-land cleanup is expected to cost approximately $40 million. The United States will also require additional cleanup of sediments in Chequamegon Bay, and expects that Northern States Power and any other responsible parties will perform the rest of the cleanup. That work is not part of the agreement filed with the Court today.
Today’s agreement also requires Northern States Power to transfer approximately 990 acres of land along the Iron River to the Wisconsin Department of Natural Resources and 400 acres within the reservation of the Bad River Band of the Lake Superior Chippewa Indians to the Bad River tribe. These parcels, worth about $1.9 million, will be preserved by the state and the Bad River tribe to enhance natural resources in the area that have been harmed by pollution from the site, such as fisheries in Chequamegon Bay and its rivers. In addition, the state of Wisconsin will transfer 114 acres of land to the Red Cliff Band of the Lake Superior Chippewa Indians. That land will also be managed to preserve natural resources. The National Oceanic and Atmospheric Administration and the U.S. Fish and Wildlife Service also serve as trustees for natural resources in the area and joined the settlement on behalf of the United States.
“This agreement will begin the long-awaited cleanup of contamination at the Ashland Lakefront site,” said Ignacia S. Moreno, Assistant Attorney General for the Environment and Natural Resources Division. “The agreement will result in the preservation of land in the Chequamegon Bay watershed, including tribal lands, to conserve and enhance natural resources and aquatic habitat that have been harmed by more than a century of pollution at the site.”“Chequamegon Bay and Lake Superior will be better protected as a result of this agreement,” said EPA Region 5 Regional Administrator Susan Hedman. “Removing the most highly contaminated soil from the site and controlling the flow of contaminated groundwater will prevent polluted water from entering the bay and harming fisheries.”
For more than a century, the Ashland site has been home to various industrial uses, including sawmills, railroads, and a city wastewater treatment plant. The primary source of pollution at the site was the manufactured gas plant operated by Northern States Power’s predecessor company between 1885 and 1947. Pollution from the manufactured gas plant contaminated both the on-land portion of the site and the sediment in the bay.
The on-land cleanup will include removal of source material and impacted soil in Kreher Park and the adjacent bluff area and recovery wells designed to remove pollution from the Copper Falls aquifer. The work Northern States Power will perform under this agreement is expected to take approximately two to three years.
EPA will oversee the work to ensure that it follows the cleanup plan and complies with the agreement signed by the parties. The state of Wisconsin will support EPA in overseeing the work.
The proposed consent decree will be subject to public comment for 30 days prior to entry in federal court. The consent decree will be available at www.justice.gov/enrd/Consent_Decrees.html.
Alabama Return Preparer Sentenced to Federal Prison for Tax Conspiracy Involving Stolen Identity Refund FraudRead the Press Release
Yumeitrius Manuel, a resident of Montgomery, Ala., was sentenced today in the Middle District of Alabama to 81 months in federal prison for filing false tax returns using stolen identities, the Justice Department and Internal Revenue Service (IRS) announced.
On Jan. 11, 2012, Manuel pleaded guilty to charges of conspiracy to defraud the government and aggravated identity theft. He was indicted by a federal grand jury on July 27, 2011, on charges of conspiracy, aggravated identity theft, wire fraud and false claims.
According to court documents, Manuel and his co-conspirator, Margaret Kirksey, each owned and operated a tax preparation business in Montgomery, located in the same physical place. The two fraudulently inflated tax refunds by placing false information on their clients’ tax returns. They also filed tax returns in the names and Social Security numbers of individuals who did not know about, and did not authorize, the filing of tax returns on their behalf. Both Manuel and Kirksey admitted that their respective crimes involved over $1 million in tax loss and more than 50 victims of identity theft. Kirksey also pleaded guilty to the conspiracy and to aggravated identity theft, and was sentenced on May 8, 2012, to 81 months in federal prison.
U.S. District Judge Mark E. Fuller also ordered Manuel to pay $52,242 in restitution to the IRS.
Kathryn Keneally, Assistant Attorney General for the Justice Department’s Tax Division, commended the investigative efforts of IRS ‑ Criminal Investigation special agents, who investigated the case, and Tax Division Trial Attorneys Justin Gelfand and Jason Poole, who prosecuted the case.
Tuesday 7 August 2012
United States Joins Lawsuit Against San Francisco Area’s<br /> <br /> North East Medical ServicesRead the Press Release
The United States has joined a whistleblower action pending in the Northern District of California against the federally-qualified health center (FQHC), North East Medical Services (NEMS), alleging that the center under-reported income it received from a managed care organization in order to artificially inflate reimbursements it received from the California Medicaid program, the Justice Department announced today. North East serves the San Francisco Bay area.
FQHCs are “safety net” community clinics certified under federal law and licensed under state law to provide medical care to poor and under-served populations. As such a health center, North East Medical Services is entitled to special payments from the California Medicaid program (Medi-Cal) that are significantly more generous than typical Medicaid payments. However, in order to receive these additional payments, NEMS must submit annual reports to Medi-Cal stating the total amount it actually received during the preceding year from any source for treating Medi-Cal enrollees. Medi-Cal then subtracts that amount from the amount that NEMS is entitled to receive as an FQHC and pays NEMS the difference. The government alleges that NEMS significantly under-reported payments it received from a managed care organization for treating Medi-Cal beneficiaries in order to artificially inflate the payments it received from Medi-Cal.
“As health care costs continue to rise, it is more important than ever that health care providers report accurate information to federal and state health care programs,” said Stuart Delery, Acting Assistant Attorney General for the Justice Department’s Civil Division. “The Department of Justice is committed to cracking down on improper accounting practices such as those alleged in this case, which undermine the integrity of these health care programs and increase the costs of health care for the rest of us.”
“Filing claims that imp roperly inflate reimbursement amounts means there are less funds available for people in need,” said Melinda Haag, U.S. Attorney for the Northern District of California. “My office views the actions this defendant allegedly committed as a serious breach of the responsibilities healthcare organizations owe to people in need of medical care and also to the taxpayers who fund these programs. We are committed to doing everything in our power to protect the integrity of the healthcare system.”
The whistleblower action, captioned United States ex rel. Trinh v. North East Medical Services, Inc. Civil Action No. 10-1904 (N.D. Cal.), was filed under the qui tam provisions of the False Claims Act. The False Claims Act allows for private persons to file actions to provide the government information about wrongdoing. Under the statute, if it is established that a person has submitted or caused others to submit false or fraudulent claims to the United States, the government can recover treble damages and $5,500 to $11,000 for each false or fraudulent claim filed. If the government is successful in resolving or litigating its claims, the whistleblower who initiated the action can receive a share of between 15 percent to 25 percent of the amount recovered.
The whistleblower action contained additional allegations. However, the United States is intervening only with regard to allegations that NEMS failed to report certain income on annual reports to Medi-Cal.
The investigation was conducted by the Civil Division of the U.S. Department of Justice, the U.S. Attorney’s Office for the Northern District of California, the Office of Inspector General of the Department of Health and Human Services, and the California Attorney General’s Office.
The claims asserted in the complaint against NEMS are allegations only, and there has been no determination of liability.
Pfizer H.C.P. Corp. Agrees to Pay $15 Million Penalty to Resolve<br /> Foreign Bribery InvestigationRead the Press Release
WASHINGTON – Pfizer H.C.P. Corporation, an indirect wholly owned subsidiary of Pfizer Inc., has agreed to pay a $15 million penalty to resolve an investigation of Foreign Corrupt Practices Act (FCPA) violations, Principal Deputy Assistant Attorney General Mythili Raman of the Justice Department’s Criminal Division and Assistant Director James W. McJunkin in charge of the FBI’s Washington Field Office announced today. In a related matter, Pfizer Inc. and Wyeth LLC reached settlements today with the Securities and Exchange Commission (SEC) under which Pfizer Inc. agreed to pay more than $26.3 million in disgorgement of profits, including pre-judgment interest, to resolve concerns involving the conduct of its subsidiaries. Wyeth, which had been acquired by Pfizer Inc. in 2009, agreed to pay $18.8 million in disgorgement of profits, including pre-judgment interest, to resolve concerns involving the conduct of Wyeth subsidiaries.
As part of the resolution, the department today filed a two-count criminal information charging Pfizer H.C.P. with conspiracy and violations of the FCPA in connection with improper payments made to government officials, including publicly-employed regulators and health care professionals in Bulgaria, Croatia, Kazakhstan and Russia. The department and Pfizer H.C.P. agreed to resolve the investigation by entering into a deferred prosecution agreement. Both the information and the deferred prosecution agreement were filed today in the U.S. District Court in the District of Columbia.
Pfizer H.C.P. is incorporated under the laws of the State of New York, and its parent company, Pfizer Inc., is a global pharmaceutical, animal health and consumer product company headquartered in New York City.
“Pfizer took short cuts to boost its business in several Eurasian countries, bribing government officials in Bulgaria, Croatia, Kazakhstan and Russia to the tune of millions of dollars,” said Principal Deputy Assistant Attorney General Raman. “The Department of Justice recognizes the significant efforts the company made to eliminate such improper practices, not only by implementing compliance reforms, but also by assisting U.S. authorities in our ongoing FCPA investigations of other companies and individuals.”“Corrupt pay-offs to foreign officials in order to secure lucrative contracts creates an inherently uneven marketplace and puts honest companies at a disadvantage,” said Assistant Director McJunkin. “Those that attempt to make these illegal backroom deals to influence contract procurement can expect to be investigated by the FBI and appropriately held responsible for their actions.”
According to court documents, Pfizer H.C.P. made a broad range of improper payments to numerous government officials in Bulgaria, Croatia, Kazakhstan and Russia – including hospital administrators, members of regulatory and purchasing committees and other health care professionals – and sought to improperly influence government decisions in these countries regarding the approval and registration of Pfizer Inc. products, the award of pharmaceutical tenders and the level of sales of Pfizer Inc. products. According to court documents, Pfizer H.C.P. used numerous mechanisms to improperly influence government officials, including sham consulting contracts, an exclusive distributorship and improper travel and cash payments.
Pfizer H.C.P. admitted that between 1997 and 2006, it paid more than $2 million of bribes to government officials in Bulgaria, Croatia, Kazakhstan and Russia. Pfizer H.C.P. also admitted that it made more than $7 million in profits as a result of the bribes.
The agreement recognizes the timely voluntary disclosure by Pfizer H.C.P.’s parent company, Pfizer Inc.; the thorough and wide-reaching self-investigation of the underlying and related conduct; the significant cooperation provided by the company to the department and the SEC; and the early and extensive remedial efforts and the substantial and continuing improvements Pfizer Inc. has made to its global anti-corruption compliance procedures.
Pfizer H.C.P. received a reduction in its penalty as a result of Pfizer Inc.’s cooperation in the ongoing investigation of other companies and individuals. In addition to the $15 million penalty, the agreement requires Pfizer Inc. to continue to implement rigorous internal controls and to cooperate fully with the department.
Due to Pfizer Inc.’s extensive remediation and improvement of its compliance systems and internal controls, as well as the enhanced compliance undertakings included in the agreement, Pfizer H.C.P. is not required to retain a corporate monitor, but Pfizer Inc. must periodically report to the department on implementation of its remediation and enhanced compliance efforts for the duration of the agreement.
In the 18 months following its acquisition of Wyeth, Pfizer Inc., in consultation with the department, conducted a due diligence and investigative review of the Wyeth business operations and integrated Pfizer Inc.’s internal controls system into the former Wyeth business entities. The department considered these extensive efforts and the SEC resolution in its determination not to pursue a criminal resolution for the pre-acquisition improper conduct of Wyeth subsidiaries.
This case is being prosecuted by Assistant Chief Nathaniel B. Edmonds and Trial Attorney Andrew Gentin of the Criminal Division’s Fraud Section. The case was investigated by the FBI’s Washington Field Office’s team of special agents dedicated to the investigation of foreign bribery cases.
The Justice Department acknowledges and expresses its appreciation for the significant assistance provided by the SEC’s Division of Enforcement.
Justice Department Settles Lawsuit Against Baltimore County, Maryland, Alleging Disability DiscriminationRead the Press Release
WASHINGTON – The Justice Department today announced it has filed a complaint in the U.S. District Court for the District of Maryland against Baltimore County, Md., alleging that the county engaged in unlawful employment practices. The department simultaneously filed a consent decree to resolve these allegations. In its complaint, the department alleges that the county violated the Americans with Disabilities Act (ADA) by requiring employees to submit to medical examinations and disability-related inquiries without a proper reason, and by excluding applicants from emergency medical technician (EMT) positions because of their diabetes.
The complaint identifies 10 current and former police officers, firefighters, EMTs, civilian employees and applicants who were allegedly subjected to inappropriate and intrusive medical examinations and/or other disability-based discrimination. Some employees were allegedly required to undergo medical examinations or respond to medical inquiries that were unrelated to their ability to perform the functions of their jobs. The complaint also alleges that the county required employees to submit to medical examinations that were improperly timed, such as requiring an employee who was on medical leave and undergoing medical treatment to submit to a medical exam even though the employee was not attempting to return to work yet.
According to the complaint, numerous affected employees – some of whom had worked for the county for decades – submitted to the improper medical exams for fear of discipline or termination if they refused. The complaint also alleges that the county retaliated against an employee who tried to caution against the unlawful medical exams. Additionally, the complaint alleges that the county refused to hire two qualified applicants for EMT positions because they had diabetes.
“The result of the county’s discriminatory policies and practices was to force employees, including veteran police officers and firefighters, to submit to invasive and unjustified medical examinations and inquiries,” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division. “The ADA does not tolerate this type of conduct and neither does the Justice Department.”
The consent decree, which must be approved by the court, requires the county to: pay $475,000 to the complainants and provide additional work-related benefits (including retirement benefits and back pay, plus interest); adopt new policies and procedures regarding the administration of medical examinations and inquiries; refrain from using the services of the medical examiner who conducted the overbroad medical examinations in question; cease the automatic exclusion of job applicants who have insulin-dependent diabetes mellitus; and provide training on the ADA to all current supervisory employees and all employees who participate in making personnel decisions.
Title I of the ADA prohibits employers, such as Baltimore County, from discriminating against individuals on the basis of disability in various aspects of employment. The ADA’s provisions concerning disability-related inquiries and medical examinations reflect Congress’s intent to protect the rights of applicants and employees to be assessed on merit alone, while protecting the rights of employers to ensure that individuals in the workplace can efficiently perform the essential functions of their jobs. An employer violates the ADA if it requires its employees to undergo medical examinations or submit to disability-related inquiries that are not related to how the employee performs his or her job duties, or if it requires its employees to disclose overbroad medical history or medical records. Employers are also prohibited from excluding individuals with disabilities unless they show that the exclusion is consistent with business necessity and they are prohibited from retaliating against employees for opposing practices contrary to the ADA.
Those interested in finding out more about the ADA may call the Justice Department’s toll-free ADA information line at 800-514-0301 (TDD 800-514-0383) or visit www.ada.gov.
Justice Department Seeks to Shut Down Chicago Tax PreparerRead the Press Release
The Justice Department announced that it has asked a federal court in Chicago to bar Bruce E. Grant and his business, Quick Check Limited, from preparing tax returns. The civil injunction suit alleges that Grant falsifies customers’ income on their tax returns, frequently by fabricating business income and expenses, in order to claim the maximum earned income tax credit (EITC) for them.
The EITC is a refundable credit available to certain low-income people. The maximum credit in 2010 was $5,666. Due to the method used to calculate the EITC, individuals with higher annual incomes may be entitled to a larger credit. Some tax preparers refer to the range of earned income generating a maximum EITC as the “sweet spot.” According to the complaint, Grant fabricated businesses and reported fake business income and expenses on his customers’ tax returns to achieve reported income in the EITC sweet spot.
The complaint alleges that Grant pleaded guilty in 2006 to one count of conspiracy to defraud the United States, based on allegations that Grant charged customers a fee for listing a false dependent on the customers’ tax returns. The government now seeks to bar Grant permanently from preparing federal tax returns altogether. According to the complaint, Grant’s Social Security number identified him as the paid preparer on 2,555 individual income tax returns prepared in 2011. Of these returns, 2,543 request a refund, an extraordinarily high refund rate of 99.5 percent.
In the past decade the Justice Department’s Tax Division has obtained injunctions against hundreds of tax-return preparers and tax-fraud promoters. Information about these cases is available on the Justice Department website .
Related Documents:
United States v. Bruce E. Grant, etc., Complaint for Permanent Injunction and Other Relief (PDF)Jared Lee Loughner Pleads Guilty to Federal Charges in Tucson ShootingRead the Press Release
Jared Lee Loughner, 23, of Tucson, Ariz., pleaded guilty today in federal district court to charges stemming from the January 8, 2011 shooting outside a supermarket that killed six people and wounded 13 others. Under the terms of the plea agreement, Loughner will be sentenced to life in prison with no eligibility for parole.
“It is my hope that this decision will allow the Tucson community, and the nation, to continue the healing process free of what would likely be extended trial and pre-trial proceedings that would not have a certain outcome. The prosecutors and agents assigned to this matter have done an outstanding job and have ensured that justice has been done,” said Attorney General Eric Holder. “In making the determination not to seek the death penalty, I took into consideration the views of the victims and survivor families, the recommendations of the prosecutors assigned to the case, and the applicable law.”
“Given the defendant’s history of significant mental illness, this plea agreement, which requires the defendant to spend the remainder of his natural life in prison, with no possibility of parole, is a just and appropriate resolution of this case,” said U.S. Attorney John S. Leonardo. “I hope that today’s resolution of this case will help the victims, their families, and the entire Tucson community take another step forward in the process of healing and recovering from this sad and tragic event.”
“Today, we remember the victims and their families who tragically lost their lives on January 8, 2011, as well as those in the Tucson community who were greatly affected by this senseless tragedy,” stated FBI Special Agent in Charge James L. Turgal Jr., Phoenix Division. “I would like to thank the Pima County Sheriff’s Office and the United States Attorney’s Office who we worked side-by-side with on every aspect of this joint investigation. I would also like to thank all of our federal, state and local law enforcement partners for their tireless efforts in this case. The partnerships that we have throughout Arizona enabled the FBI to have a coordinated response which resulted in a comprehensive and thorough investigation—all which has led up to today’s plea agreement.”
According to the plea agreement, on Jan. 8, 2011, Loughner showed up at Congresswoman Gabrielle Giffords’ “Congress on Your Corner” event outside the Safeway grocery store in Tucson armed with a loaded semi-automatic pistol and carrying three additional magazines containing 60 rounds of ammunition with the intent of killing Congresswoman Giffords and others attending her community event.
Shortly after arriving at the event that Saturday morning, Loughner shot Congresswoman Giffords in the head, and then shot several other people who were in attendance. As a result of the shooting, six individuals were killed and 13 people, including Congresswoman Giffords were injured, some seriously.
Through a plea agreement, Loughner pleaded guilty to 19 counts of the superseding indictment handed down March 3, 2011, consisting of the following crimes:
· The attempted assassination of U.S. Congresswoman Gabrielle D. Giffords;
· The murders of federal employees U.S. District Court Chief Judge John M. Roll and Congressional Aide Gabriel M. Zimmerman;
· The attempted murders of federal employees and Congressional Aides Ronald S. Barber and Pamela K. Simon;
· Causing the deaths of Christina-Taylor Green, Dorothy J. Morris, Phyllis C. Schneck, and Dorwan C. Stoddard, all of whom were participants at an activity provided by the United States;
· Injuring through the use of a Glock pistol Bill D. Badger, Kenneth W. Dorushka, James E. Fuller, Randy W. Gardner, Susan A. Hileman, George S. Morris, Mary C. Reed, Mavanell Stoddard, James L. Tucker, and Kenneth L. Veeder, Sr., all of whom were participants at an activity provided by the United States;
Loughner also admitted that in committing these offenses, he knowingly created a grave risk of death to Carol A. Dorushka, Robert C. Gawlick, Daniel Hernandez, Mark S. Kimble, Patricia R. Maisch, Emma E. McMahon, Owen A. McMahon, Thomas J. McMahon, Sara M. Rajca, Faith M. Salzgeber, Roger D. Salzgeber, Doris Tucker and Alexander J. Villec.
Under the terms of the plea agreement, Loughner will be sentenced to seven consecutive life sentences, followed by 140 years in prison, as follows:
Loughner will be sentenced to a term of life in prison for each of the following crimes:
· The attempted assassination of Congresswoman Gabrielle D. Giffords;
· The murders of federal employees U.S. District Court Chief Judge John M. Roll and Congressional Aide Gabriel M. Zimmerman; and
· Causing the deaths of Christina-Taylor Green, Dorothy J. Morris, Phyllis C. Shneck, and Dorwan C. Stoddard, all of whom were participants at an activity provided by the United States.
Loughner will also be sentenced to the maximum term of 20 years in prison for each of the attempted murders of Congressional Aides Ronald S. Barber and Pamela K. Simon.
Finally, Loughner will be sentenced to the maximum term of 10 years in prison for injuring through the use of a Glock pistol each of the following:
· Bill D. Badger;
· Kenneth W. Dorushka;
· James E. Fuller;
· Randy W. Gardner;
· Susan A. Hileman;
· George S. Morris;
· Mary C. Reed;
· Mavanell Stoddard;
· James L. Tucker; and
· Kenneth L. Veeder, Sr.
Convictions for the attempted assassination of a member of Congress, the murder of a federal employee, and causing the death of a participant in a federally-provided activity each carry a maximum sentence of life in prison or death in the case of murder), a $250,000 fine or both. A conviction for the attempted murder of a federal employee carries a maximum penalty of 20 years in prison, a $250,000 fine or both. A conviction for injuring a participant in a federally-provided activity carries a maximum penalty of 10 years in prison, a $250,000 fine or both. In determining an actual sentence, U.S. District Judge Larry A. Burns will consult the U.S. Sentencing Guidelines, which provide appropriate sentencing ranges. The judge, however, is not bound by those guidelines in determining a sentence.
Sentencing is set before Judge Burns on November 15, 2012, at 10:00 am in Tucson.
The investigation in this case was conducted by the FBI and the Pima County, Ariz., Sheriff’s Office. The prosecution is being handled by Wallace H. Kleindenst and Mary Sue Feldmeier, Assistant U.S. Attorneys, District of Arizona, Tucson, with the assistance of C.J. Williams, who served as trial attorney with the Department of Justice’s Criminal Division, Christina M. Cabanillas, Appellate Chief, and Bruce Ferg, Assistant U.S. Attorney (Appellate), District of Arizona, Tucson.
Former Chief of Party in Baghdad for the United States Institute of Peace Pleads Guilty to Wire Fraud ConspiracyRead the Press Release
WASHINGTON – The former chief of party in Baghdad for the United States Institute of Peace (USIP), Robert Nathan Boorda, pleaded guilty to an information unsealed today in the U.S. District Court for the District of Columbia for conspiring to enrich himself by having USIP award a security contract at a fraudulently inflated price in exchange for a purported monthly consulting fee of $20,000 paid by the contractor, announced Assistant Attorney General Lanny A. Breuer of the Justice Department’s Criminal Division.
Boorda was charged by information on Sept. 19, 2011, with one count of conspiring to commit wire fraud, and he pleaded guilty to the charge on Oct. 7, 2011. According to plea documents, Boorda admitted that, from about April 2009 through about June 2009, he and the owner of a security services contracting firm conspired to enrich themselves through Boorda’s recommendation that USIP award a $1.165 million contract for the lease of a villa in Baghdad and security services to that security services company at a fraudulently inflated price, in exchange for Boorda’s receipt of a purported consulting and marketing agreement with the company for a monthly fee of $20,000 for the term of the USIP contract. Boorda admitted that he concealed this agreement from USIP. According to plea documents, the contract was inflated so that Boorda could receive his payment by representing to USIP headquarters that the villa owner would not agree to a monthly rental payment of less than $22,000, when in fact the owner had agreed to $13,000.
The case was investigated by the Special Inspector General for Iraq Reconstruction and the Inspector General for the Department of State. It is being prosecuted by Fraud Section Special Trial Attorney Catherine Votaw of the Justice Department’s Criminal Division, on detail from the Special Inspector General for Iraq Reconstruction.
Monday 6 August 2012
Gibson Guitar Corp. Agrees to Resolve Investigation into Lacey Act ViolationsRead the Press Release
Gibson Guitar Corp. entered into a criminal enforcement agreement with the United States today resolving a criminal investigation into allegations that the company violated the Lacey Act by illegally purchasing and importing ebony wood from Madagascar and rosewood and ebony from India.
The agreement was announced today by Assistant Attorney General Ignacia S. Moreno of the Justice Department’s Environment and Natural Resources Division, Jerry Martin, U.S. Attorney for the Middle District of Tennessee and Dan Ashe, Director of the Department of the Interior’s U.S. Fish & Wildlife Service.
The criminal enforcement agreement defers prosecution for criminal violations of the Lacey Act and requires Gibson to pay a penalty amount of $300,000. The agreement further provides for a community service payment of $50,000 to the National Fish and Wildlife Foundation to be used to promote the conservation, identification and propagation of protected tree species used in the musical instrument industry and the forests where those species are found. Gibson will also implement a compliance program designed to strengthen its compliance controls and procedures. In related civil forfeiture actions, Gibson will withdraw its claims to the wood seized in the course of the criminal investigation, including Madagascar ebony from shipments with a total invoice value of $261,844.
In light of Gibson’s acknowledgement of its conduct, its duties under the Lacey Act and its promised cooperation and remedial actions, the government will decline charging Gibson criminally in connection with Gibson’s order, purchase or importation of ebony from Madagascar and ebony and rosewood from India, provided that Gibson fully carries out its obligations under the agreement, and commits no future violations of law, including Lacey Act violations.
“As a result of this investigation and criminal enforcement agreement, Gibson has acknowledged that it failed to act on information that the Madagascar ebony it was purchasing may have violated laws intended to limit overharvesting and conserve valuable wood species from Madagascar, a country which has been severely impacted by deforestation,” said Assistant Attorney General Moreno. “Gibson has ceased acquisitions of wood species from Madagascar and recognizes its duty under the U.S. Lacey Act to guard against the acquisition of wood of illegal origin by verifying the circumstances of its harvest and export, which is good for American business and American consumers.”
“The Department of Justice is committed to enforcing the laws enacted by Congress,” said U.S. Attorney Martin. “Failure to do so harms those who play by the rules and follow the law. This criminal enforcement agreement goes a long way in demonstrating the government’s commitment to protecting the world’s natural resources. The agreement is fair and just in that it assesses serious penalties for Gibson’s behavior while allowing Gibson to continue to focus on the business of making guitars.”
“The Lacey Act’s illegal logging provisions were enacted with bipartisan support in Congress to protect vanishing foreign species and forest ecosystems, while ensuring a level playing field for America’s forest products industry and the people and communities who depend on it,” said U.S. Fish and Wildlife Service Director Ashe. “We’re pleased that Gibson Guitar Corp. has recognized its duties under the Lacey Act to guard against the acquisition of wood of illegal origin from threatened forests and has taken responsibility for actions that may have contributed to the unlawful export and exploitation of wood from some of the world’s most threatened forests.”
Since May 2008, it has been illegal under the Lacey Act to import into the United States plants and plant products (including wood) that have been harvested and exported in violation of the laws of another country. Congress extended the protections of the Lacey Act, the nation’s oldest resource protection law, to these products in an effort to address the environmental and economic impact of illegal logging around the world.
The criminal enforcement agreement includes a detailed statement of facts describing the conduct for which Gibson accepts and acknowledges responsibility. The facts establish the following:
Madagascar Ebony is a slow-growing tree species and supplies are considered threatened in its native environment due to over-exploitation. Both legal and illegal logging of Madagascar Ebony and other tree species have significantly reduced Madagascar’s forest cover. Madagascar’s forests are home to many rare endemic species of plants and animals . The harvest of ebony in and export of unfinished ebony from, Madagascar has been banned since 2006.
Gibson purchased “fingerboard blanks,” consisting of sawn boards of Madagascar ebony, for use in manufacturing guitars. The Madagascar ebony fingerboard blanks were ordered from a supplier who obtained them from an exporter in Madagascar. Gibson’s supplier continued to receive Madagascar ebony fingerboard blanks from its Madagascar exporter after the 2006 ban. The Madagascar exporter did not have authority to export ebony fingerboard blanks after the law issued in Madagascar in 2006.
In 2008, an employee of Gibson participated in a trip to Madagascar, sponsored by a non-profit organization. Participants on the trip, including the Gibson employee, were told that a law passed in 2006 in Madagascar banned the harvest of ebony and the export of any ebony products that were not in finished form. They were further told by trip organizers that instrument parts, such as fingerboard blanks, would be considered unfinished and therefore illegal to export under the 2006 law. Participants also visited the facility of the exporter in Madagascar, from which Gibson’s supplier sourced its Madagascar ebony, and were informed that the wood at the facility was under seizure at that time and could not be moved.
After the Gibson employee returned from Madagascar with this information, he conveyed the information to superiors and others at Gibson. The information received by the Gibson employee during the June 2008 trip, and sent to company management by the employee and others following the June 2008 trip, was not further investigated or acted upon prior to Gibson continuing to place orders with its supplier. Gibson received four shipments of Madagascar ebony fingerboard blanks from its supplier between October 2008 and September 2009.
This case was investigated by the U.S. Fish and Wildlife Service with assistance from U.S. Immigration and Customs Enforcement. The case was handled by the Environmental Crimes Section of the U.S. Department of Justice and the U.S. Attorney’s Office for the Middle District of Tennessee.
District of Columbia Return Preparer Convicted of Preparing False Tax ReturnsRead the Press Release
Following a jury trial that began on Aug. 1, 2012, a federal jury convicted Enyinnaya Udo on all 25 counts of an indictment charging him with aiding and assisting in the preparation of false individual income tax returns, the Justice Department and Internal Revenue Service (IRS) announced.
According to the indictment and evidence presented at trial, Udo operated a tax preparation business called Anic and Associates, located in Washington, D.C. Udo prepared false 2005 through 2008 individual income tax returns for seven taxpayers, falsely reporting that the taxpayers had unreimbursed employee expenses.
U.S. District Judge Barbara J. Rothstein scheduled sentencing for Nov. 1, 2012. Udo faces a potential maximum sentence of three years in prison and a fine of up to $250,000 on each count.
Kathryn Keneally, Assistant Attorney General for the Justice Department’s Tax Division, commended the IRS Criminal Investigation special agents who investigated the case and Tax Division Trial Attorneys Jessica Moran and Erin Pulice, who prosecuted the case. Jason Scheff and Schylon Lane assisted with the prosecution.
Friday 3 August 2012
Justice Department Reaches Agreement with Alabama School District to End the Use of Race in Extracurricular ActivitiesRead the Press Release
The Justice Department announced today that it reached an out-of-court agreement with the Escambia County School District in Alabama to end the use of race-based selection criteria for homecoming courts and other student activities in two of the district’s high schools.
In response to the department’s inquiry earlier this year, the district indicated that two of its high schools considered race in certain student elections. Escambia County High School permitted students to elect two homecoming queens and two homecoming attendants, one African-American and one not. Another school, W.S. Neal High School, had a similar longstanding practice of using race-based criteria for election of students to its Valentine’s Day courts.
To resolve the department’s concerns over these practices, the Escambia County Board of Education voluntarily adopted a district-wide non-discrimination policy for extracurricular activities. The policy will end the use of race-based election and selection criteria in all student activities. The agreement requires the district to fully implement and enforce its new non-discrimination policy, to notify parents and students of changes to student election practices and to provide compliance reports to the department for at least one year.
“We commend the Escambia County Board of Education for acting swiftly to abolish the use of race in student activities and to ensure that no student is denied participation in any extracurricular activity based on race,” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division. “It is time for the once common practice of segregating students by race in school activities to come to an end.”
The use of race-based selection and election criteria in public schools’ extracurricular activities, including homecoming courts, proms and similar activities is prohibited by Title IV of the Civil Rights Act of 1964, which bars public school districts, colleges and universities from discriminating against students on the basis of race, color, national origin, sex and religion. The department has challenged such practices in a number of school districts over the years, including, most recently, settling with the Nettleton School District in Mississippi in 2011 to abolish race-based selection and election procedures for class officers, homecoming courts and student superlatives.
The enforcement of Title IV of the Civil Rights Act of 1964 in school districts is a top priority of the Justice Department’s Civil Rights Division. Additional information about the Civil Rights Division of the Justice Department is available on its Web site at www.justice.gov/crt .
Former Alabama Governor Don Siegelman Re-Sentenced on<br /> Bribery, Conspiracy, Fraud and Obstruction of Justice ChargesRead the Press Release
WASHINGTON – Former Alabama Governor Don Siegelman was resentenced today to serve 78 months in prison for his role in bribery, conspiracy, fraud and obstruction of justice charges involving former HealthSouth CEO Richard M. Scrushy, announced Assistant Attorney General Lanny A. Breuer of the Department of Justice’s Criminal Division and Acting U.S. Attorney Louis V. Franklin Sr. of the Middle District of Alabama.
At a hearing today in Montgomery, Ala., in addition to the prison term, U.S. District Judge Mark Fuller ordered Siegelman to serve three years of supervised release and to pay a $50,000 fine. Siegelman was originally convicted by a federal jury in June 2006 of seven counts of an indictment, involving bribery, conspiracy to commit honest services mail fraud, honest services mail fraud and obstruction of justice.
In June 2007, Siegelman began serving a prison term on those convictions, but was released on bond in March 2008, pending an appeal in which two honest services mail fraud counts were reversed. All of the five remaining counts were upheld in two opinions of the Eleventh Circuit Court of Appeals, and the U.S. Supreme Court denied further appellate review. The district court reviewed and denied all of Siegelman’s various claims for a new trial prior to his re-sentencing today.
Siegelman stands convicted of bribery, conspiracy and honest services mail fraud arising from a scheme in which Scrushy paid $500,000 to control a seat on the state regulatory board governing HealthSouth. Siegelman further stands convicted of obstruction of justice arising from a federal investigation of an alleged pay-to-play scheme with Alabama businessman Clayton “Lanny” Young.
“The outcome of this case reflects the unflagging commitment of the Department of Justice to hold public officials accountable for corruption,” said Assistant Attorney General Breuer. “The Criminal Division’s Public Integrity Section is determined to continue to vigorously pursue bribery cases involving federal, state and local officials.”
“Today’s sentence is another welcomed step toward closure to a dark chapter in Alabama politics. Six years after the trial jury rendered its verdict, and the appellate courts reviewed the evidence, former Governor Don Siegelman remains convicted for the serious felonious crimes he committed while serving as governor of Alabama. The verdict, the appellate review and the sentence have energized my faith in our legal system and renewed my commitment to prosecute politicians who commit bribery, honest services mail fraud, conspiracy and obstruction of justice. I am very proud of the courage displayed by everyone who assisted in the prosecution of this very significant and important case,” said Acting U.S. Attorney Franklin.
The case is currently being prosecuted by Acting U.S. Attorney for the Middle District of Alabama Louis V. Franklin Sr., a senior career prosecutor in the U.S. Attorney’s Office, and Richard C. Pilger, Director of the Election Crimes Branch of the Criminal Division’s Public Integrity Section.
Thursday 2 August 2012
United States Settles Fair Housing Act Lawsuit Against Wisconsin Housing ProviderRead the Press Release
The Justice Department announced today that the owner and former manager of the Lowrey Hotel and Café in New Richmond, Wis., has agreed to pay $50,000 to settle a lawsuit alleging they had sexually harassed a homeless woman who sought shelter at the hotel.
The lawsuit, filed in the U.S. District Court in Madison, Wis., on Nov. 23, 2011, involved the Lowrey Hotel & Café, a residential hotel that often provides housing to homeless people, who have been referred by local social services agencies. According to the complaint, Gerald Hoglund, of McClusky, N.D., formerly one of the hotel’s managers, sexually harassed a female tenant, who had been referred to the hotel by a social service agency, by making unwelcome requests to her for sexual favors. The complaint also alleged that Stacy Wright, co-manager and owner of the Lowrey Hotel & Café LLC, warned the tenant that Hoglund might ask for sexual favors but failed to take reasonable steps to prevent it.
“It is unacceptable that a woman looking for shelter should be subject to sexual harassment at the very place where she has sought refuge,” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division. “The Justice Department has zero tolerance for this conduct and will take aggressive action against housing providers who sexually harass tenants.”
“A person’s home should be a place of complete safety and security – no one should be subjected to unwanted sexual advances from any landlord,” said John W. Vaudreuil, U.S. Attorney for the Western District of Wisconsin. “This settlement reflects the United States’ commitment to ensuring that citizens in the Western District of Wisconsin have access to housing that is free from discrimination and sexual harassment.”
“Harassment victims are not alone in the fight to protect their housing rights,” said John Trasviña, HUD Assistant Secretary for Fair Housing and Equal Opportunity. “ HUD and DOJ work vigorously to enforce their right to live free from discrimination.”
The federal lawsuit arose when the tenant filed a complaint with the Chicago Regional Office of the Department of Housing and Urban Development (HUD), which conducted an investigation and, after issuing a charge of discrimination, referred the matter to the Department of Justice.
Under the terms of the settlement, which is subject to approval by the U.S. District Court, the defendants will pay the complainant $50,000 in damages. Defendants Stacy Wright and the Lowrey Hotel & Café LLC will also develop and maintain non-discrimination housing policies and attend fair housing training. As part of the consent decree, Gerald Hoglund is permanently enjoined from entering the premises at the Lowrey Hotel & Café and is permanently enjoined from having any involvement in the management, rental or maintenance of any rental property.
The federal Fair Housing Act prohibits discrimination in housing on the basis of race, color, religion, sex, familial status, national origin and disability. Individuals who believe that they may have been victims of housing discrimination should call the Justice Department’s Housing Discrimination Tip Line at 1-800-896-7743, email [email protected] or contact the U.S. Department of Housing and Urban Development at 1-800-669-9777.
Two Individuals Convicted in Florida in Foresclosure Rescue SchemeRead the Press Release
WASHINGTON - The Department of Justice today convicted two defendants for their roles in a South Florida mortgage fraud scheme that took advantage of homeowners on the brink of foreclosure and left many without their homes.
Cathy Saffer of Pompano Beach, Fla., and Barrington Coombs, a certified public accountant of Weston, Fla., were convicted today by a jury in West Palm Beach, Fla. on conspiracy and fraud charges in connection with a so-called “foreclosure rescue scheme,” in which the defendants promised to help distressed homeowners but instead swindled them out of the remaining equity in their houses.
The jury convicted Saffer of one count of conspiracy, three counts of mail fraud and two counts of wire fraud. Coombs was convicted of one count of conspiracy and one count of wire fraud. Lisa Wright of Pompano Beach, Fla., pleaded guilty to her participation in the same foreclosure rescue scheme in March 2012.
At trial, evidence revealed that Saffer and Wright operated a business called Foreclosure Solution Specialists (FSS) from 2006 to 2009. Through FSS, Wright and Saffer targeted homeowners facing foreclosure, advertising that FSS could assist those homeowners in remaining in their homes. When contacted by distressed homeowners seeking assistance, Wright and Saffer misrepresented to those homeowners that their homes would be sold to investors. According to witnesses at trial, Wright and Saffer also claimed that customers could remain in their homes after the sales and promised them an opportunity to repurchase the homes at a later date. Rather than selling the homes to legitimate investors, Wright and Saffer designed sham sales to straw purchasers whom they paid to participate in the scheme.
Witnesses and documents admitted at trial further revealed that Wright and Saffer made numerous misrepresentations on loan applications regarding the straw purchasers’ net worths, incomes and employment histories in order to induce lenders to fund loans. As part of the scheme, Wright and Saffer paid Coombs to sign a letter which falsely vouched for the fraudulent information on various loan applications.
These sham sales drew equity out of the homes, which Wright and Saffer pocketed for their own purposes. After doing so, Wright and Saffer allowed the loans to go into foreclosure. Homeowners ultimately lost all of the equity in their homes, and most of the victims were forced to move out of their homes.
“Foreclosure rescue schemes victimize Americans in dire straits at risk of losing their most prized possession – the roof over their heads,” said Acting Assistant Attorney General Stuart Delery of the Justice Department’s Civil Division. “These convictions demonstrate that we will aggressively prosecute individuals who prey on homeowners struggling in these tough financial times.” This investigation is part of the Department of Justice’s continued nationwide focus on mortgage fraud.
USA Wifredo A. Ferrer stated, “These individuals engaged in a foreclosure rescue scheme that defrauded homeowners who were having difficulty making their mortgage payments. Instead of selling the properties as promised, the defendants sold the homes to straw buyers whom they controlled and then allowed the loans to go into foreclosure. As a result, many victims lost their homes. Today’s conviction reaffirms our commitment to prosecuting mortgage fraudsters.”
The case was investigated by the FBI. The case is being prosecuted by Christopher E. Parisi and John Claud, Trial Attorneys at the Civil Division’s Consumer Protection Branch.
Today’s announcement is part of efforts underway by President Obama’s Financial Fraud Enforcement Task Force (FFETF) which was created in November 2009 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. Over the past three fiscal years, the Justice Department has filed more than 10,000 financial fraud cases against nearly 15,000 defendants including more than 2,700 mortgage fraud defendants. For more information on the task force, visit www.stopfraud.gov
Miami Home Health Care Agency Owner Pleads Guilty in $42 Million Medicare Fraud SchemeRead the Press Release
The owner and operator of a Miami health care agency pleaded guilty today for his participation in a $42 million home health Medicare fraud scheme, announced the Department of Justice, the FBI and the Department of Health and Human Services (HHS).
Eulises Escalona, 43, pleaded guilty before U.S. District Judge Joan A. Lenard to one count of conspiracy to commit health care fraud. In addition, as part of his plea agreement, Escalona agreed to forfeit to the government two residential properties and cash proceeds of the fraud contained in several bank accounts.
According to the court documents, Escalona was the owner of Willsand Home Health Inc., a Florida home health agency that purported to provide home health care and physical therapy services to eligible Medicare beneficiaries.
According to plea documents, Escalona conspired with patient recruiters for the purpose of billing the Medicare program for unnecessary home health care and therapy services. Escalona and his co-conspirators paid kickbacks and bribes to patient recruiters in return for these recruiters providing patients to Willsand Home Health, as well as prescriptions, Plans of Care (POCs) and certifications for medically unnecessary therapy and home health services for Medicare beneficiaries.Escalona and his co-conspirators would pay kickbacks and bribes directly to physicians in exchange for those physicians providing home health and therapy prescriptions, POCs and medical certifications to Escalona and his co-conspirators. Escalona used these prescriptions, POCs and medical certifications to fraudulently bill the Medicare program for home health care services, which Escalona knew was in violation of federal criminal laws.
According to plea documents, at Willsand Home Health, patient files for Medicare beneficiaries were falsified to make it appear that such beneficiaries qualified for home health care and therapy services when, in fact, many of the beneficiaries did not actually qualify for such services. Escalona knew that in many cases the patient files at Willsand Home Health were falsified.
From approximately January 2006 through November 2009, Escalona and his co-conspirators submitted approximately $42 million in false and fraudulent claims to Medicare and Medicare paid approximately $27 million on those claims.
The plea was announced by Assistant Attorney General Lanny A. Breuer of the Criminal Division; U.S. Attorney Wifredo A. Ferrer of the Southern District of Florida; Jeffrey C. Mazanec, Acting Special Agent-in-Charge of the FBI?s Miami Field Office; and Special Agent-in-Charge Christopher Dennis of the HHS Office of Inspector General (HHS-OIG), Office of Investigations Miami Office.
This case is being prosecuted by Senior Trial Attorney Joseph S. Beemsterboer of the Criminal Division?s Fraud Section. The case was investigated by the FBI and HHS-OIG, and was brought as part of the Medicare Fraud Strike Force, supervised by the Criminal Division?s Fraud Section and the U.S. Attorney?s Office for the Southern District of Florida.
Since its inception in March 2007, the Medicare Fraud Strike Force, now operating in nine cities across the country, has charged more than 1,330 defendants who have collectively billed the Medicare program for more than $4 billion.In addition, HHS?s Centers for Medicare and Medicaid Services, working in conjunction with HHS-OIG, is taking steps to increase accountability and decrease the presence of fraudulent providers.
To learn more about the Health Care Fraud Prevention and Enforcement Action Team (HEAT), go to: www.stopmedicarefraud.gov.
Member of the Philadelphia La Cosa Nostra Family Pleads Guilty to Racketeering ConspiracyRead the Press Release
WASHINGTON – Gaeton Lucibello, 59, of Philadelphia, pleaded guilty today to participating in a racketeering conspiracy involving extortion and illegal gambling, announced Assistant Attorney General Lanny A. Breuer of the Justice Department’s Criminal Division, U.S. Attorney Zane David Memeger of the Eastern District of Pennsylvania and George Venizelos, Special Agent in Charge of the FBI’s Philadelphia Division.
At the plea hearing before U.S. District Judge Eduardo C. Robreno of the Eastern District of Pennsylvania, Lucibello pleaded guilty to conspiring to conduct and participate in the affairs of the Philadelphia La Cosa Nostra (LCN) Family through a pattern of racketeering activity. He admitted to the court that he assisted in shaking down a bookmaker for “street tax” payments and operated two illegal video poker machine businesses in furtherance of the racketeering conspiracy. His sentencing is scheduled for Nov. 26, 2012.
Lucibello was among 14 members and associates of the Philadelphia LCN Family charged with crimes involving racketeering conspiracy, extortion, loan sharking, illegal gambling, witness tampering, and theft from an employee benefit plan in a third superseding indictment returned by a federal grand jury in Philadelphia on July 25, 2012. The other defendants charged in the 52-count third superseding indictment included Philadelphia LCN Family boss Joseph Ligambi, Philadelphia LCN Family underboss Joseph Massimino, George Borgesi, Martin Angelina, Anthony Staino Jr., Damion Canalichio, Louis Barretta, Gary Battaglini, Robert Verrecchia, Eric Esposito, Robert Ranieri, Joseph Licata and Louis Fazzini.
The trial for Ligambi, Massimino, Borgesi, Angelina, Staino Jr., Canalichio, Barretta, Battaglini, Licata and Fazzini is scheduled for Oct. 9, 2012. The trial for Verrecchia, Esposito and Ranieri has not yet been scheduled. Ligambi, Massimino, Borgesi, Angelina, Canalichio, Licata and Fazzini are detained while awaiting trial. Staino Jr., Barretta, Battaglini, Verrecchia, Esposito and Ranieri are free on bond while awaiting trial.
The case is being prosecuted by Trial Attorney John S. Han of the Criminal Division’s Organized Crime and Gang Section and Assistant U.S. Attorneys Frank A. Labor III and Suzanne B. Ercole of the Eastern District of Pennsylvania. Valuable prosecutorial assistance was provided by the Pennsylvania Office of the Attorney General.
The case is being investigated by the FBI, the Internal Revenue Service Criminal Investigation Division, the Pennsylvania State Police, the New Jersey State Police, the Philadelphia Police Department, and the U.S. Department of Labor’s Office of Inspector General Office of Labor Racketeering and Fraud Investigations, and Employee Benefits Security Administration. Additional assistance was provided by the New Jersey Department of Corrections.
Former Georgia Police Chief Convicted on Federal Civil Rights ViolationRead the Press Release
A federal jury in Valdosta, Ga., convicted defendant Walter Young, 54, the former chief of the Omega Police Department in Omega, Ga., for physically abusing a man in his custody, the Justice Department announced.
On March 24, 2011, Young, while acting in his capacity as the chief of police, assaulted Alfonso Moreno, a pretrial detainee, by repeatedly slapping and punching him in the head and face while he was fully restrained in a restraint chair, violating the civil rights of the detainee. The defendant struck the victim eight times, causing him to bleed. X-rays the next day showed the victim had a broken nose. The assault was captured on the jail's video surveillance system. The jury further found that Alfonso Moreno suffered bodily injury as a result of Young’s use of excessive force.
“Most officers do their job with honor, but this officer abused the authority entrusted to him by his community,” said Assistant Attorney General for Civil Rights Thomas Perez. “The federal government will continue to vigorously prosecute individuals who violate the Constitutional rights of others.”
The defendant faces a maximum penalty of 10 years in prison and a $250,000 fine. Sentencing is scheduled for Oct. 29, 2012, before Judge Hugh Lawson, U.S. District Judge for the Middle District of Georgia.
This case was investigated by the FBI, and is being prosecuted by Special Litigation Counsel Forrest Christian and Trial Attorney Tona Boyd of the Civil Rights Division of the U.S. Department of Justice, with the assistance of the U.S. Attorney’s Office for the Middle District of Georgia.
Final Missouri Defendant Sentenced to 30 Months in Prison for Vandalism and Arson of Biracial Man’s HomeRead the Press Release
WASHINGTON – A Missouri man was sentenced today to 30 months in prison for his role in the vandalism and arson of a biracial man's home in Independence, Mo., the Department of Justice announced.
David Martin, 24, of Independence, was sentenced in the Western District of Missouri by U.S. District Judge Dean Whipple.
On March 7, 2012, Martin pleaded guilty to one count of conspiracy and one count of violating the Fair Housing Act. Martin's co-conspirators, Teresa Witthar and Charles Wilhelm, pleaded guilty on Feb. 2, 2012, and March 8, 2012, respectively, for their roles in vandalizing and burning down Nathaniel Reed's home in Independence.
According to the plea agreement filed with the court, Martin, Witthar and Wilhelm conspired to intimidate and scare Reed, a biracial man, into moving out of the Highland Manor Mobile Home Park in Independence, in part because of his race. On or about June 6, 2006, Martin, along with Witthar and Wilhelm, entered Reed's mobile home, without his permission, and vandalized it by writing at least 15 racially derogatory slurs on the walls of his trailer.
Two days later, on or about June 8, 2006, Witthar drove Martin and Wilhelm to a neighborhood behind Reed's home so that they could set fire to his home without being detected. Witthar waited in her vehicle for Martin and Wilhelm to set the fire and then provided them a ride back to the Highland Manor Mobile Home Park.
"Every American has the right to live in their homes without fear of racially-motivated violence," said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division. "The Department of Justice will continue to vigorously enforce the Fair Housing Laws that prohibit these heinous acts."
Witthar was sentenced to 63 months in prison on June 18, 2012. Wilhelm was sentenced to 42 months in prison on July 24, 2012.
These guilty pleas were the result of a cooperative effort between the U.S. Attorney's Office for the Western District of Missouri and the Justice Department's Civil Rights Division. This case was investigated by the Kansas City Division of the FBI. It is being prosecuted by Acting U.S. Attorney David Ketchmark for the Western District of Missouri and Trial Attorney Sheldon L. Beer of the Civil Rights Division.
Detroit-Area Adult Day Care Center Owner Pleads Guilty to $10 Million Psychotherapy Fraud SchemeRead the Press Release
WASHINGTON – A Detroit-area adult day care center owner pleaded guilty today for her role in a $10 million psychotherapy fraud scheme, announced the Departments of Justice and Health and Human Services (HHS) and the FBI.
Checarol Robinson, 41, pleaded guilty today before U.S. District Judge Nancy D. Edmunds in the Eastern District of Michigan in Detroit, to an indictment charging her with one count of conspiracy to commit health care fraud and three counts of health care fraud. At her sentencing, scheduled for Dec. 4, 2012, Robinson faces a maximum penalty of 10 years in prison and a $250,000 fine for each count.
According to the indictment, Robinson owned group homes inhabited by Medicare beneficiaries. In return for payments, Robinson allegedly provided these Medicare beneficiaries’ information to a fraudulent psychotherapy company owned by a co-conspirator–Caldwell Thompson Manor Inc.–to be used to bill Medicare for psychotherapy services that were not provided and/or not medically necessary.
According to the indictment, Robinson later owned and operated P&C Adult Day Center (P&C), which was incorporated in May 2010. P&C purported to provide psychotherapy services. Robinson allegedly falsely billed Medicare for individual and group therapy services that were not provided by P&C and/or not medically necessary using the Medicare beneficiaries from her group homes. Robinson’s alleged co-conspirator from the scheme at Caldwell Thompson, who was also a licensed social worker, would sign patient charts for psychotherapy services purportedly performed at P&C that were medically unnecessary and never performed.
Caldwell Thompson and P&C allegedly submitted more than $10 million of false claims to Medicare in the course of the conspiracy.
The guilty plea was announced by Assistant Attorney General Lanny A. Breuer of the Justice Department’s Criminal Division; U.S. Attorney for the Eastern District of Michigan Barbara L. McQuade; Acting Special Agent in Charge of the FBI’s Detroit Field Office Edward J. Hanko; and Special Agent in Charge Lamont Pugh III of the HHS Office of Inspector General’s (HHS-OIG), Chicago Regional Office.
The case is being prosecuted by Assistant Chief Gejaa T. Gobena and Trial Attorney Catherine K. Dick of the Criminal Division’s Fraud Section and Assistant U.S. Attorney for the Eastern District of Michigan Philip A. Ross. The case was investigated by the FBI and HHS-OIG, and was brought as part of the Medicare Fraud Strike Force, supervised by the Criminal Division’s Fraud Section and the U.S. Attorney’s Office for the Eastern District of Michigan.
Since its inception in March 2007, the Medicare Fraud Strike Force, now operating in nine cities across the country, has charged more than 1,330 defendants who have collectively billed the Medicare program for more than $4 billion. In addition, HHS’s Centers for Medicare and Medicaid Services, working in conjunction with HHS-OIG, is taking steps to increase accountability and decrease the presence of fraudulent providers.
To learn more about the Health Care Fraud Prevention and Enforcement Action Team (HEAT), go to: www.stopmedicarefraud.gov.
Department of Justice and Partner Agencies Announce Neighborhoods to Receive Innovative Support Through the Building Neighborhood Capacity ProgramRead the Press Release
The Department of Justice’s Bureau of Justice Assistance (BJA), on behalf of the White House Neighborhood Revitalization Initiative (NRI), today announced the eight neighborhoods that will receive training and technical assistance through the groundbreaking Building Neighborhood Capacity Program (BNCP). These competitively selected neighborhoods are located in Flint, Mich.; Fresno, Calif.; Memphis, Tenn.; and Milwaukee.
BNCP, a core component of NRI, is designed to help distressed neighborhoods transform themselves into neighborhoods of opportunity by building capacity around critical elements such as public safety, education, housing, human services and health. Funded through an interagency agreement among the Departments of Justice, Education, and Housing and Urban Development, BNCP will provide intensive training and technical assistance to faith based, nonprofit and community organizations over a period of at least 20 months to help these neighborhoods design and begin pursuing results-driven, sustainable revitalization plans.
“As we’ve seen in too many communities across the country, neighborhoods that have experienced persistent distress often lack the tools to overcome the challenges to revitalization,” said Attorney General Eric Holder. “ The Building Neighborhood Capacity Program helps these neighborhoods build the infrastructure and tap into the resources necessary to establish and sustain successful renewal efforts.”
The selected neighborhoods within the four chosen cities are Flint’s Ward 1 and Ward 3 neighborhoods, Memphis’s Binghampton and Frayser neighborhoods, Milwaukee’s Amani and Metcalfe Park neighborhoods, and Fresno’s El Dorado and Southwest neighborhoods. These communities demonstrated a high need as well as the drive, citizen engagement, and commitment to success necessary to develop capacity around the essential elements of healthy neighborhoods.
The Center for the Study of Social Policy, a nonprofit public policy, research and technical assistance organization with nearly 30 years of experience, was competitively selected to provide training and technical assistance to these neighborhoods and to establish and manage an on-line resource center for anyone interested in sustainable revitalization.
“Poverty should never be destiny,” said U.S. Secretary of Education Arne Duncan. “Through programs like BNCP that offer targeted support to distressed communities for safety, health services, and particularly greater access to a high-quality education, more children and families will have the tools necessary to be successful.”
“HUD is proud to stand with our partners at Justice and Education to provide these cities the tools they need to revitalize neighborhoods,” said HUD Secretary Shaun Donovan. “Through collaborations like this one, we are better aligning federal resources to execute place-based strategies to transform distressed, high-poverty neighborhoods into places that offer hope and opportunity to current families and future generations.”
“The Building Neighborhood Capacity Program focuses on the nation’s neediest neighborhoods. BNCP blends the latest research on effective placed-based policing strategies, efforts on building community efficiency and lessons learned from BJA’s smart policing program into one innovative approach to community revitalization,” said BJA Director Denise E. O’Donnell. “BJA is proud to lead the Department of Justice’s effort, in collaboration with our federal partners, on this innovative cross-funded program.”
More information about the Neighborhood Revitalization Initiative is available at www.whitehouse.gov/sites/default/files/nri_description.pdf .
The Office of Justice Programs (OJP), headed by Acting Assistant Attorney General Mary Lou Leary, provides federal leadership in developing the nation’s capacity to prevent and control crime, administer justice, and assist victims. OJP has six bureaus and offices: the Bureau of Justice Assistance; the Bureau of Justice Statistics; the National Institute of Justice; the Office of Juvenile Justice and Delinquency Prevention; the Office for Victims of Crime; and the Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking (SMART). More information about OJP and its components can be found at www.ojp.gov .
Chicago Police Officer and Three Members of the Almighty Latin Kings Nation Plead Guilty to a Racketeering Conspiracy and Other Related ChargesRead the Press Release
WASHINGTON – A Chicago police officer and three members of the Almighty Latin Kings Nation pleaded guilty to a racketeering conspiracy and other related charges in a superseding indictment involving alleged members or associates of the Latin Kings, announced Assistant Attorney General Lanny A. Breuer of the Justice Department’s Criminal Division and U.S. Attorney David Capp of the Northern District of Indiana.
Chicago police officer Alex Guerrero, 42, pleaded guilty today before Judge Rudy Lozano of the U.S. District Court for the Northern District of Indiana, in Hammond, Ind. Guerrero pleaded guilty to counts one, two, 14 and 15 of the third superseding indictment charging him with conspiracy to participate in racketeering activity; conspiracy to possess with intent to distribute and distribute five kilograms or more of cocaine and 1,000 kilograms or more of marijuana; interference with commerce by threats or violence; and use and carrying of a firearm during and in relation to crimes of violence and drug trafficking. As part of his plea agreement, Guerrero acknowledges that a 19-year prison sentence is appropriate.
The third superseding indictment, which charged 21 defendants, was returned by a federal grand jury in the Northern District of Indiana on Nov. 16, 2011, and was unsealed on Nov. 18, 2011.
According to the third superseding indictment, the Latin Kings is a nationwide gang that originated in Chicago and has branched out throughout the United States, including to Texas. The Latin Kings is a well organized street gang that has specific leadership and is comprised of regions that include multiple chapters.
On July 31, 2012, Brandon Clay, 26, of Chicago, and Antonio Gudino, 30, of East Chicago, each pleaded guilty before Judge Lozano to count one of the third superseding indictment charging them with conspiracy to participate in racketeering activity. As part of their plea agreements, Clay and Gudino have each acknowledged that a prison sentence is appropriate – 30 years for Clay and 10 years for Gudino. On July 30, 2012, Jason Ortiz, 30, of Chicago pleaded guilty before the same judge and to the same count as Clay and Gudino. As part of his plea agreement, Ortiz acknowledges that a 25-year prison sentence is appropriate.
Guerrero admitted in the plea agreement that he is responsible for possession of and distribution of 150 kilograms or more of cocaine as alleged in count two. He also admitted in the plea agreement that he physically restrained the victim in the course of the offense alleged in count 14. Guerrero admitted that he abused a position of public trust in a manner that significantly facilitated the commission or concealment of the offense.
The following defendants were charged in the third superseding indictment:
- Alexander Vargas, 34, aka “Pacman,” of Highland, Ind.;
- Sisto Bernal, 46, aka “Cisco” and “Shug,” of Chicago;
- Jason Ortiz, 30, aka “Creeper,” of Chicago;
- Brandon Clay, 26, aka “Cheddar,” “Swiss,” “Slick,” of Chicago;
- Martin Anaya, 41, aka “Left,” of Chicago;
- Ivan Quiroz, 30, of Posen, Ill.;
- Hiluterio Chavez, 41, aka “Tails,” and “Zeus,” of Chicago;
- Dante Reyes, 35, aka “DK,” of Mission, Texas;
- Sergio Robles, 24, aka “Checko,” of Hammond, Ind.;
- Emiliano Esparza, 40, aka “Ken Milleano,” “Kent,” and “Double G,” of Chicago;
- Paulino Salazar, 30, aka “Chino,” of Chicago;
- Santiago Gudino, 28, aka “Creeper,” of Hammond;
- Gabriel Jalomos, 25, aka “Sneaky,” of Chicago;
- Oscar Gonzalez, 22, aka “Puppet,” of Hammond;
- David Lira, 38, aka “Flaco,” of Lansing, Ill.;
- Victor Meza Jr., 23, aka “Shadow,” of Hammond;
- Antonio Gudino, 30, aka “Chronic,” of Indiana, Ind.;
- Bianca Fernandez, 23, of Chicago;
- Serina Arambula, 23 of Chicago;
- Alex Guerrero, 42, of Chicago; and
- Antonio C. Martinez Jr., 41, of Chicago.
Jose Zambrano, 32, aka “Speedy,” aka “Bird,” aka “Big Greasy,” of Sauk Village, Ill., and Jermaine Ellis, 23, aka “J-Dub,” “Donnie Brosco,” “Shorty” of Chicago, were both charged in the first indictment returned on June 17, 2010, and unsealed on June 29, 2010.
As alleged in the third superseding indictment, the Latin Kings enforces its rules and promotes discipline among its members, prospects and associates through murder, attempted murder, conspiracy to murder, assault and threats against those who violate the rules or pose a threat to the Latin Kings. Members are required to follow the orders of higher-ranking members, including taking on assignments often referred to as “missions.”
A total of 23 members and associates have been indicted in this case. Of these defendants, 17 have pleaded guilty and are awaiting sentencing. There are three defendants scheduled for trial on Sept. 10, 2012, before Judge Lozano.
There remains one fugitive in this case, Paulino Salizar, 30, aka “Chino,” from Chicago.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives; the Chicago Police Department; the East Chicago Police Department; the Drug Enforcement Administration; the FBI; the Griffith Police Department; the Hammond Police Department; the Highland Police Department; the Houston Police Department; Immigration and Customs Enforcement-Department of Homeland Security; and the National Gang Intelligence Center.
The case is being prosecuted by Joseph A. Cooley of the Criminal Division’s Organized Crime and Gang Section and David J. Nozick of the U.S. Attorney’s Office for the Northern District of Indiana. Andrew Porter of the U.S. Attorney’s Office for the Northern District of Illinois provided significant assistance.
The third superseding indictment is not evidence of guilt. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Wednesday 1 August 2012
Florida-Based Crowley Liner Services Inc. Pleads Guilty to Price <br /> Fixing on Freight Services Between U.S. and Puerto RicoRead the Press Release
WASHINGTON – Jacksonville, Fla.-based Crowley Liner Services Inc. pleaded guilty and was sentenced to pay a $17 million criminal fine for its role in a conspiracy to fix prices in the coastal water freight transportation industry, the Department of Justice announced today.
According to a one-count felony charge filed yesterday in the U.S. District Court for the District of Puerto Rico, Crowley Liner Services engaged in a conspiracy to fix base rates for water transportation of certain freight between the continental United States and Puerto Rico from as early as January 2006 until at least April 2008.
Crowley Liner Services transports a variety of cargo shipments, such as heavy equipment, cargo that would not fit into containers, used cars and liquids capable of being transported only in tanker containers, on scheduled ocean voyages between the United States and Puerto Rico.
According to the charges, Crowley Liner Services and co-conspirators carried out the conspiracy by agreeing during meetings and discussions to fix the base rates to be charged to non-government purchasers of water transportation of certain freight between the continental United States and Puerto Rico. The department said that Crowley Liner Services and co-conspirators also engaged in meetings for the purpose of monitoring and enforcing adherence to the agreed-upon rates and sold Puerto Rico freight services at collusive and noncompetitive rates.
“Including this sentencing, as a result of the Antitrust Division’s ongoing investigation, three freight companies have been sentenced to pay criminal fines totaling more than $45 million and five executives have been sentenced to serve prison time totaling more than 11 years,” said Scott D. Hammond, Deputy Assistant Attorney General of the Antitrust Division’s Criminal Enforcement Program. “By agreeing to fix prices for coastal shipping services to and from Puerto Rico, Crowley Liner Services and its co-conspirators thwarted the competitive process by forcing consumers to pay inflated rates for these services.”
On Dec. 20, 2011, Sea Star Line LLC was sentenced to pay a $14.2 million criminal fine. On March 22, 2011, Horizon Lines LLC was sentenced to pay a $15 million criminal fine. Additionally, five shipping company executives—Gabriel Serra, Peter Baci, R. Kevin Gill, Gregory Glova and Alex G. Chisholm—have pleaded guilty. Frank Peake, the former president of Sea Star Line, was charged on Nov. 17, 2011, and is scheduled to stand trial on Jan. 14, 2013.Crowley Liner Services pleaded guilty to price fixing in violation of the Sherman Act, which carries a maximum fine of $100 million for corporations. The maximum fine may be increased to twice the gain derived from the crime or twice the loss suffered by the victims of the crime, if either of those amounts is greater than the statutory maximum fine.
This case arose from an ongoing federal antitrust investigation into price fixing, bid rigging and other anticompetitive conduct in the coastal water freight transportation industry, which is being conducted by the Antitrust Division’s National Criminal Enforcement Section; the Baltimore Resident Agency of the Department of Defense’s Office of the Inspector General, Defense Criminal Investigative Service (DCIS); and the Miami Field Office of the Department of Transportation’s Office of Inspector General (DOT-OIG). Anyone with information concerning this investigation is urged to call the Antitrust Division’s National Criminal Enforcement Section at 202-307-6694, visit www.justice.gov/atr/contact/newcase.htm or contact DCIS’s Baltimore Resident Agency at 410-347-1620.
City of Woodlake, Calif., Settles with Justice Department over Practice of Unlawful Pre-employment Medical ExaminationsRead the Press Release
The Justice Department announced today that it has reached a settlement with the city of Woodlake, Calif., to resolve allegations that the city engaged in a pattern or practice of discrimination against people with disabilities by requiring applicants for job vacancies to undergo unlawful pre-employment medical examinations before receiving an offer of employment, in violation of the Americans with Disabilities Act (ADA).
The settlement concludes a pattern or practice investigation by the Justice Department based on information that the city of Woodlake was requiring all job applicants to undergo a medical examination as part of the application process, before making an offer of employment. Such pre-offer medical examinations are illegal under the ADA, as they make it easier for employers to discriminate against qualified individuals on the basis of disability in the hiring process. The settlement agreement requires the city to eliminate its current discriminatory policy, to develop and implement a non-discrimination policy and to train staff on the requirements of the ADA.
“This settlement is an important step towards eliminating discrimination against people with disabilities in employment,” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division. “We commend the city of Woodlake for working cooperatively with the Justice Department to ensure that their policies and practices comply with federal law and for their commitment to ensuring that people with disabilities are treated equally and fairly in the hiring process.”
"We are pleased that the city of Woodlake and the U.S. Department of Justice agreed so quickly on measures that will protect the rights of individuals with disabilities,” said U.S. Attorney for the Eastern District of California Benjamin B. Wagner.
The ADA requires that employers, including state and local government entities, not conduct any pre-employment medical examination or inquiry before making an offer of employment. Once a conditional job offer is made, employers may make disability-related inquiries or conduct medical examinations of an applicant if this is done for all entering employees in that job category regardless of disability. Once an employee is hired, employers may only make disability-related inquiries or require medical examinations of an employee if such examination or inquiry is shown to be job-related and consistent with business necessity. The ADA also requires employers not to discriminate against individuals with disabilities in making personnel decisions, including hiring or promoting employees.
More information about this settlement and the obligations of employers under the ADA is available through the Justice Department’s toll-free ADA information line at 800-514-0301 (TDD 800-514-0383) and on the ADA website at www.ada.gov . ADA complaints may be filed by email to [email protected] .
Tuesday 31 July 2012
Two Former Hospital Employees Plead Guilty to Participating in <br /> Kickback Scheme at New York City HospitalRead the Press Release
WASHINGTON – Two former high-ranking employees of facilities operations at New York Presbyterian Hospital (NYPH) pleaded guilty today to an indictment charging them with conspiring to defraud NYPH, the Department of Justice announced.Former vice president of facilities operations, Santo Saglimbeni, and former director of facilities operations, Emilio “Tony” Figueroa, were charged in a four-count superseding indictment filed on June 16, 2011. Saglimbeni, who was charged on all four counts, was convicted of counts one and two on Feb. 2, 2012. Figueroa, who was charged on counts one, three and four, was convicted on count one on Feb. 2, 2012. Counts three and four were severed from that indictment, and Saglimbeni and Figueroa pleaded guilty in the U.S. District Court in Manhattan to those counts today.
Saglimbeni and Figueroa pleaded guilty today for their participation in a mail fraud conspiracy, which lasted from as early as June 2001 and continued through June 2006. The scheme to defraud NYPH centered on Saglimbeni, who with the assistance of Figueroa, awarded contracts for the installation and repair of heating, ventilation and air conditioning systems (HVAC), to a co-conspirator’s company in return for kickbacks given to Saglimbeni and Figueroa in the form of cash, goods and services from that co-conspirator. Saglimbeni and Figueroa also pleaded guilty to a substantive mail fraud offense based upon a payment made to the co-conspirator by NYPH on an HVAC contract awarded in furtherance of the HVAC conspiracy.
“By awarding contracts in return for kickbacks, Saglimbeni and Figueroa used their positions to subvert the competitive bidding process for essential services at NYPH,” said Joseph Wayland, Acting Assistant Attorney General in charge of the Justice Department’s Antitrust Division. “Today’s guilty pleas demonstrate the Antitrust Division’s commitment to holding purchasing officials accountable for this type of illegal conduct.”
On Feb. 2, 2012, after a four week trial, Saglimbeni and Figueroa were convicted of the first two counts of the indictment. At the trial, Michael Yaron and two companies owned by him, Cambridge Environmental & Construction Corp., which does business as National Environmental Associates (Cambridge/NEA), an asbestos abatement company, and Oxford Construction & Development Corp., a construction company; Moshe Buchnik, the president of two asbestos abatement companies; and Artech Corporation, a company owned by a relative of Saglimbeni, were also convicted of conspiracy to defraud NYPH. Yaron, his companies, Buchnik, Saglimbeni and Artech were also convicted of a substantive wire fraud violation.These convictions centered on a scheme to defraud NYPH, whereby Saglimbeni, who with the assistance of Figueroa, awarded asbestos abatement, air monitoring and general construction contracts to Yaron, Buchnik and their companies in return for more than $2.3 million in kickbacks paid to Saglimbeni. Those kickbacks were funneled by Yaron to Saglimbeni through Artech, a sham company Saglimbeni created in the name of his mother.
Each count of conspiracy to commit mail fraud carries a maximum penalty of 20 years in prison and a fine of $250,000 for individuals. The fine may be increased to twice the gross gain the conspirators derived from the crime or twice the gross loss caused to the victims of the crime by the conspirators.
Including today’s pleas, 15 individuals and six companies have been convicted or pleaded guilty to charges arising out of this federal antitrust investigation. On July 10, 2012, Yaron was sentenced to serve 60 months in jail and Buchnik was sentenced to serve 48 months. Each was sentenced to pay a $500,000 criminal fine. Cambridge/NEA, Oxford and Artech, were each sentenced to pay a $1 million criminal fine.
The investigation was conducted by the Antitrust Division’s New York Field Office with the assistance of the FBI and the Internal Revenue Service - Criminal Investigation’s New York Field Office. The Office of the International Affairs in the Justice Department’s Criminal Division also provided assistance. Anyone with information concerning bid rigging, bribery, tax offenses or fraud related to NYPH should contact the Antitrust Division’s New York Field Office at 212-335-8000, visit www.justice.gov/atr/contact/newcase.htm, or call the FBI’s New York Division at 212-384-1000.
Three Individuals in Oklahoma to Pay $5.3 Million for Allegedly Making False Statements in Refinance SchemeRead the Press Release
Three individuals have agreed to pay $5.325 million to resolve allegations that they knowingly made false statements in connection with a mortgage refinance scheme, the Justice Department announced today. The three individuals are Philip M. Green and Jerry Max Jiles, the owners of Bartlesville Health Care Center Inc., a nursing home in Bartlesville, Okla., and Virgil M. Harry, Jr., the former president of the Harry Mortgage Company.
The United States alleged that Green, Jiles and Harry knowingly made false statements in applications to the U.S. Department of Housing and Urban Development (HUD) for HUD-insured mortgage refinancing for three nursing homes in Oklahoma, including the Bartlesville home. The United States alleged that these individuals made false statements regarding the eligible existing indebtedness of the three nursing homes for the purpose of receiving cash from the HUD-insured mortgage refinancings, in violation of HUD rules and requirements. In 2008, the mortgage loan for the Bartlesville home defaulted, resulting in a loss to HUD and the closure of the nursing home.
"Mortgage lenders and borrowers must deal fairly and honestly when public money is on the line," said Stuart F. Delery, Acting Assistant Attorney General for the Department's Civil Division. "The Department of Justice will tirelessly pursue mortgage lenders and borrowers who make false representations to enrich themselves at the public's expense."
"When the combined efforts and attention of the Department of Justice, HUD, and HUD OIG are focused upon those who fail to exercise integrity in connection with HUD programs, the end result will be both unpleasant and costly to the offending party," said David A. Montoya, the Inspector General for HUD.
The allegations arise from audit work conducted by HUD's Office of Inspector General. This case was handled by the Justice Department's Civil Division and the U.S. Attorney's Office for the Northern District of Oklahoma, with the assistance of HUD's Office of General Counsel, Program Enforcement Branch. The claims settled by this agreement are allegations only, and there has been no determination of liability.
This law enforcement action is a part of the interagency Financial Fraud Enforcement Task Force. The task force was established to wage an aggressive, coordinated, and proactive effort to investigate and prosecute financial crimes. It includes representatives from a broad range of federal agencies, including regulatory authorities, inspectors general, and state and local law enforcement who, working together, bring to bear a powerful array of criminal and civil enforcement resources. The task force is working to improve efforts across the federal executive branch and, with state and local partners, investigate and prosecute significant financial crimes, ensure just and effective punishment for those who perpetrate financial crimes, combat discrimination in the lending and financial markets, and recover proceeds for victims of financial crimes.
The Justice Department's total recoveries in False Claims Act cases since January 2009 are over $11 billion.
Justice Department Announces Lawsuit to Protect Rights of Military and Overseas Voters in MichiganRead the Press Release
WASHINGTON – The Justice Department announced today that it has filed a lawsuit against the state of Michigan and its chief elections officials to help ensure that military service members, their family members and U.S. citizens living overseas have the opportunity to participate fully in Michigan’s Aug. 7, 2012, federal primary election and Sept. 5, 2012, federal special primary election.
The lawsuit, brought under the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA), was filed in federal district court in the Western District of Michigan. The department brought this enforcement action in response to the state’s failure to send absentee ballots to hundreds of Michigan’s eligible military and overseas voters for the Aug. 7, 2012, federal primary election and the Sept. 5, 2012, federal special primary election by the 45th day prior to those elections, as required by UOCAVA.The United States seeks an order requiring the state of Michigan to ensure that military and overseas voters will have sufficient opportunity to receive, cast and return their ballots in time to be counted by extending the deadline for the receipt of ballots from affected UOCAVA voters. For the Aug. 7, 2012, federal primary election, the suit also requests an order requiring Michigan to provide affected voters who have not received their ballots alternative options for expedited delivery of their ballots.
“Our armed forces, their families and overseas citizens deserve a meaningful opportunity to fully participate in our nation’s elections,” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division. “This suit seeks relief to ensure that Michigan’s military and overseas voters will be provided the opportunity guaranteed by UOCAVA to receive, mark and return their ballots in the upcoming August and September elections.”
U.S. Attorney for the Western District of Michigan Patrick Miles said, “This office will vigorously enforce federal laws that protect the rights of eligible Michigan voters to participate in federal elections. Americans have fought and died for the right to vote. We must ensure eligible voters have the opportunity to cast their vote and for it to count.”
UOCAVA requires states to allow uniformed service voters (serving both overseas and within the United States) and their families as well as overseas citizens to register to vote and to vote absentee for all elections for federal office. In 2009, Congress enacted the MOVE Act, which made broad amendments to UOCAVA, including the requirement that states transmit absentee ballots to voters covered under UOCAVA, by mail or electronically at the voter’s option, no later than 45 days before federal elections.
The lawsuit also seeks relief requiring Michigan to closely monitor and certify its cities’ and townships’ transmission of UOCAVA ballots and to provide reports to the United States about its UOCAVA compliance, including the transmission of ballots for the upcoming Nov. 6, 2012, federal general election. In addition, the lawsuit requests that Michigan take the actions necessary to ensure it fully complies with UOCAVA in future federal elections.More information about UOCAVA and other federal voting laws is available on the Department of Justice website at www.justice.gov/crt/about/vot/misc/activ_uoc.php. Please report any complaints to the Voting Section of the Justice Department’s Civil Rights Division at 1-800-253-3931.
Antiques Dealer Pleads Guilty in Manhattan Federal Court to Crimes Relating to Illegal Trafficking of Endangered Rhinoceros HornsRead the Press Release
WASHINGTON – David Hausman, an antiques dealer in Manhattan, pleaded guilty today in Manhattan federal court to obstruction of justice and creating false records, in relation to illegal rhinoceros horn trafficking, announced Ignacia S. Moreno, Assistant Attorney General for the Environment and Natural Resources Division of the Department of Justice, and Preet Bharara, U.S. Attorney for the Southern District of New York.
In the plea agreement, Hausman admitted that he committed these wildlife offenses while holding himself out to the U.S. Fish & Wildlife Service (FWS) as an antiques expert who purportedly wanted to help FWS investigate rhinoceros horn trafficking; in reality, he was covertly engaging in illegal activity himself. Hausman was arrested in February 2012 as part of “Operation Crash,” a nationwide, multi-agency crackdown on those involved in the black market trade of endangered rhinoceros horn.
“Trafficking in endangered species like the black rhinoceros is an egregious violation of the laws enacted by Congress to protect endangered species from extinction,” said Assistant Attorney General Moreno. “Mr. Hausman misled officers in a federal government investigation, falsified records and concealed his own purchase, sale and profit from illegal trade in black rhinoceros horns. This prosecution should send a strong message that we will vigorously prosecute those who deliberately violate wildlife protection laws.”“David Hausman pretended he was helping law enforcement protect a species from being wiped out but instead he was contributing to the very problem,” said U.S. Attorney Bharara. “The laws that protect animals are not optional and will be enforced by this office vigorously since an important, even if less recognized, measure of justice is how we enforce the laws that protect endangered species. Thanks to the outstanding investigative work conducted by law enforcement in this case, Hausman’s deceptions were unsuccessful and he will now be held to account for his crimes.”
Rhinoceros are an herbivore species of prehistoric origin and one of the largest remaining mega-fauna on earth. They have no known predators other than humans. All species of rhinoceros are protected under United States and international law, and all black rhinoceros species are endangered.Since 1976, trade in rhinoceros horn has been regulated under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), a treaty signed by over 170 countries around the world to protect fish, wildlife and plants that are or may become imperiled due to the demands of international markets. Nevertheless, the demand for Rhinoceros horn and black market prices have skyrocketed in recent years due to the value that some cultures have placed on ornamental carvings, good luck charms or alleged medicinal purposes, leading to a decimation of the global rhinoceros population.
Operation Crash is a continuing investigation being conducted by the Department of the Interior’s FWS in coordination with other federal and local law enforcement agencies including U.S. Immigration and Customs Enforcement’s Homeland Security Investigations. A “crash” is the term for a herd of rhinoceros. Operation Crash is an ongoing effort to detect, deter and prosecute those engaged in the illegal killing of rhinoceros and the unlawful trafficking of rhinoceros horns. The investigation is being led by the Special Investigations Unit of the FWS Office of Law Enforcement and involves a nationwide task force of agents focused on rhino trafficking.
According to the information, plea agreement and statements made during court proceedings:In December 2010, Hausman – while purporting to help the government crack down on illegal rhinoceros trading – advised FWS that the taxidermied head of a black rhinoceros containing two horns had been illegally sold by a Pennsylvania auction house. Upon learning that the sale was not finalized, Hausman covertly purchased the rhinoceros mount himself, using a “straw buyer” to conceal that he was the true purchaser because federal law prohibits interstate trafficking in endangered species. Hausman instructed the straw buyer not to communicate with him about the matter by email to avoid creating a paper trail that could be followed by law enforcement. After the purchase was completed, Hausman directed the straw buyer to remove the horns and mail them to him. He then made a realistic set of fake horns using synthetic materials and directed the straw buyer to attach them on the rhinoceros head in order to deceive law enforcement in the event that they conducted an investigation. After his arrest in February 2012, Hausman contacted the straw buyer and they agreed that the rhinoceros mount should be burned or concealed.
In a second incident, in September 2011, Hausman responded to an Internet offer to sell a (different) taxidermied head of a black rhinoceros containing two horns. Unbeknownst to Hausman, the on-line seller was an undercover federal agent. Before purchasing the horns on Nov. 15, 2011, Hausman directed the undercover agent to send him an email falsely stating that the mounted rhinoceros was over 100 years old, even though the agent had told Hausman that the rhinoceros mount was only 20 to 30 years old. There is an antique exception for certain trade in rhinoceros horns that are over 100 years old. By creating the false record as to the age of the horns, Hausman sought to conceal his illegal conduct. Hausman also insisted on a cash transaction and told the undercover agent not to send additional emails so there would be no written record. After buying the black rhinoceros mount at a truck stop in Princeton, Ill., agents followed Hausman and observed him sawing off the horns in a motel parking lot.
In February 2012 at the time of his arrest, FWS agents seized four rhinoceros heads from Hausman’s apartment as well as six black rhinoceros horns – two of which were the very horns he was seen sawing off in the parking lot – numerous carved and partially carved rhinoceros horns, fake rhinoceros horns and $28,000 in cash.
Hausman, 67, of New York, N.Y., pleaded guilty to one count of obstruction of justice, which carries a maximum penalty of 20 years in prison, and one count of creating a false record in violation of the Lacey Act, a federal wildlife protection statute, which carries a maximum penalty of five years in prison. Hausman faces a maximum sentence of 25 years in prison for these offenses. Under the terms of the plea agreement, almost all of the items recovered from Hausman’s apartment at the time of his arrest will be forfeited or put toward the criminal fine, except for three items for which Hausman established legal purchase and antique status. He is scheduled to be sentenced by U.S. District Judge J. Paul Oetken on Dec. 5, 2012, at 2:00 p.m.
U.S. Attorney Bharara and Assistant Attorney General Moreno commended FWS and the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations in Newark for their outstanding work in this investigation.
The case is being handled by the U.S. Attorney’s Complex Frauds Unit and the Environmental Crimes Section of the U.S. Department of Justice’s Environment and Natural Resources Division. Assistant U.S. Attorney Janis M. Echenberg and Richard A. Udell, a Senior Trial Attorney with the Environmental Crimes Section, are in charge of the prosecution.
Monday 30 July 2012
Kazakhstani National Sentenced to 27 Months in Prison for Money LaunderingRead the Press Release
WASHINGTON – Daniyar Zhaxalyk, 26, a citizen of Kazakhstan who entered the United States on a student visa, was sentenced today to 27 months in prison for his role in a sophisticated stock fraud scheme that caused more than $400,000 in losses, announced Assistant Attorney General Lanny A. Breuer of the Criminal Division and U.S. Attorney for the Southern District of Texas Kenneth Magidson.
Zhaxalyk was sentenced by U.S. District Judge Ewing Werlein Jr. in the Southern District of Texas. In addition to his prison term, Zhaxalyk was ordered to pay $221,925 in restitution. Zhaxalyk will be deported from the United States upon the completion of his sentence.
According to court documents, Zhaxalyk agreed to launder funds generated in a sophisticated “hack and dump” stock scheme that caused more than $400,000 in losses. The indictment charges that Zhaxalyk’s co-conspirators illegally accessed brokerage accounts to engage in a stock fraud scheme in which the compromised accounts were used to purchase borrowed shares of stock at above-market prices from the defendants’ personal brokerage accounts. Zhaxalyk’s co-conspirators then repurchased the borrowed shares at the considerably lower market price, returned the borrowed shares to the stock lender, and claimed as profit the difference between the market price and the inflated price paid by the compromised victim accounts.
A co-defendant, Alexey Li, also a citizen of Kazakhstan who entered the United States on a student visa, previously pleaded guilty in Houston on March 2, 2012, and was sentenced to three months in prison and ordered to pay $40,000 in restitution. Two other defendants remain at large.
This case was investigated by the St. Louis, San Francisco and Houston offices of the FBI. The case is being prosecuted by Trial Attorney Ethan Arenson of the Computer Crime and Intellectual Property Section in the Justice Department’s Criminal Division and Assistant U.S. Attorney Mark McIntyre of the Southern District of Texas.
Justice Department to Monitor Elections in GeorgiaRead the Press Release
The Justice Department announced today that it will monitor the elections on July 31, 2012, in Randolph and Washington Counties, Ga., to ensure compliance with the Voting Rights Act of 1965. The Voting Rights Act prohibits discrimination in the election process on the basis of race, color or membership in a minority language group.
Under the Voting Rights Act, the Justice Department is authorized to ask the U.S. Office of Personnel Management (OPM) to send federal observers to jurisdictions that are certified by the attorney general or by a federal court order. Federal observers will be assigned to monitor polling place activities in Randolph County based on the attorney general’s certification. The observers will watch and record activities during voting hours at polling locations in these counties, and Civil Rights Division attorneys will coordinate the federal activities and maintain contact with local election officials.
In addition, Justice Department personnel will monitor polling place activities in Washington County. Civil Rights Division attorneys will coordinate federal activities and maintain contact with local election officials.
Each year, the Justice Department deploys hundreds of federal observers from OPM, as well as departmental staff, to monitor elections across the country. To file complaints about discriminatory voting practices, including acts of harassment or intimidation, voters may call the Voting Section of the Justice Department’s Civil Rights Division at 1-800-253-3931.
Visit www.justice.gov/crt/voting/index.php for more information about the Voting Rights Act and other federal voting laws.
Justice Department Reaches Agreement with Merced County, Calif., on Bailout from the Voting Rights ActRead the Press Release
The Justice Department announced that it has reached an agreement with Merced County, Calif., that will allow for the county and some 84 political subdivisions in the county that conduct elections to bail out from their status as “covered jurisdictions” under the special provisions of the Voting Rights Act, and thereby exempt these jurisdictions from the preclearance requirements of Section 5 of the Voting Rights Act. The agreement is in the form of a consent decree filed today in the U.S. District Court for the District of Columbia and must be approved by the court.
Under Section 5 of the Voting Rights Act, certain covered jurisdictions, determined according to Section 4 of the act, are required to seek preclearance for any changes in voting qualifications, standards, practices or procedures from the U.S. District Court for the District of Columbia or from the U.S. Attorney General, prior to their implementation. Section 4 of the act provides that a covered jurisdiction may seek to “bail out,” or remove itself from such coverage, and therefore be exempted from the preclearance requirements, by seeking a declaratory judgment before a three-judge panel in U.S. District Court for the District of Columbia. A bailout judgment can be issued only if the court determines that the jurisdiction meets certain eligibility requirements for bailout contained in the statute, including a 10-year record of nondiscrimination in voting-related actions. The act also provides that the attorney general can consent to entry of a judgment of bailout only if, based upon investigation, the attorney general is satisfied that the jurisdiction meets the eligibility requirements.
Merced County filed its bailout action in the U.S. District Court for the District of Columbia on March 6, 2012. Counsel for the county contacted the attorney general prior to filing the action, indicating that the county was interested in seeking a bailout. The county provided the Justice Department with substantial information, and the department conducted an investigation to determine the county’s eligibility. Based on that investigation, the department is satisfied that the county meets the Voting Rights Act’s requirements for bailout.
“In the department’s view, the county has met the requirements necessary for bailout. We reached this conclusion after thoroughly reviewing information provided by the county and gathered during the department’s independent investigation,” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division. “I commend the county on their cooperation to ensure resolution of this matter.”
The consent decree details the legal and factual basis for a bailout determination and, if approved by the court, the county’s request will be granted. The court will retain jurisdiction of the action for 10 years and can reopen the action upon the motion of the attorney general or any aggrieved person alleging conduct by the county that would have originally precluded the county from bailing out if it had occurred during the 10-year period preceding entry of the consent decree.
Information about bailout, the Voting Rights Act and other federal voting laws is available on the Department of Justice website at www.justice.gov/crt/voting. Complaints may be reported to the Voting Section of the Justice Department’s Civil Rights Division at 1-800-253-3931.
Justice Department Announces Agreement to Address and Prevent the Sexual Assault of Students in Allentown, Pa., SchoolsRead the Press Release
The Department of Justice and the Allentown, Pa., School District today filed a proposed consent decree addressing multiple complaints of sexual assault of students at Central Elementary School. The comprehensive consent decree resolves allegations that six- and seven-year-old students were sexually assaulted by another student in the boys’ bathrooms at Central Elementary School during the 2003–2004 school year.
In July 2009, the department intervened in a lawsuit filed by several of those students against the district and conducted an extensive investigation. The department alleged that sexual assaults occurred on at least five separate occasions and that the district was made aware of each incident immediately after it occurred. The department alleged that despite this notice, the district did not take appropriate action, and in some circumstances took no action, to prevent the harassment from recurring.
Furthermore, the department alleged that both before and after the sexual harassment of the students, the district failed to adopt and implement adequate and effective sexual harassment policies and procedure as required by federal la w; had the district adopted and implemented such policies and procedures, the district would have prevented the continued sexual assault of students. The department seeks thorough protections for Allentown students as required under Title IX of the Education Amendments of 1972, which prohibits sex-based harassment, including the sexual assault of students, in public and other schoolsthat receive federal financial assistance.
“The sexual assault of students in elementary schools cannot be tolerated. It must be stopped. The impact on the educational experience and life of a young child is devastating.” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division. “Parents are entitled to know that their children will be safe in school every day. We appreciate the steps the Allentown school districthas agreed to take to address this matter and to provide a safe and nurturing learning environment for all students moving forward.”
“Protecting our youngest and most vulnerable citizens from sexual assault will always be a top priority,” said Zane David Memeger, U.S. Attorney for the Eastern District of Pennsylvania. “We are hopeful that with this consent decree, we can forever close this very sad and disturbing chapter in the history of the Allentown School District.”
The department and the district worked collaboratively to draft the consent decree to ensure the safety and well-being of all students in the district. The consent decree will remain in effect for a minimum of three years. If the consent decree is approved by the court, the district will:
- Develop and implement a comprehensive plan for addressing and preventing sexual harassment in all district schools;
- Retain an expert consultant in the area of student-on-student harassment to draft and implement a sexual harassment policy and procedures;
- Provide training to administrators, faculty, staff, students and parents on sex-based harassment;
- Select qualified district and school-based equity coordinators to ensure proper implementation of the district’s harassment policies and procedures and compliance with Title IX, including prompt investigation, resolution and reporting of sexual harassment complaints and allegations;
- Create procedures for identifying, monitoring, and supervising students with a confirmed history of sexual harassment toward other students;
- Develop and implement policies and procedures for communicating with outside agencies, such as police, hospital and child protection agencies, of allegations of sexual harassment in the district; and
- Submit annual compliance reports to the department.
The enforcement of Title IX is a top priority of the Justice Department’s Civil Rights Division. Additional information about the Civil Rights Division of the Justice Department is available on its website at www.justice.gov/crt .
Related Materials:
Joint Motion for Approval of Consent Decree
Proposed Consent DecreeGerman Subsidiary of TRW Automotive Agrees to Plead Guilty to Price Fixing on Automobile Parts Installed in U.S. CarsRead the Press Release
WASHINGTON – TRW Deutschland Holding GmbH, a Koblenz, Germany-based subsidiary of U.S.-based TRW Automotive Holdings Corp., has agreed to plead guilty for its involvement in a conspiracy to fix prices of seatbelts, airbags and steering wheels sold to two German automobile manufacturers, and installed in cars sold in the United States , the Department of Justice announced today. This is the second case filed relating to occupant safety systems sold to auto manufacturers as part of the department’s ongoing antitrust auto parts investigation.TRW Deutschland has agreed to pay a $5.1 million criminal fine and to cooperate with the department’s ongoing investigation. The plea agreement is subject to court approval.
“By agreeing to fix the prices of seatbelts, airbags and steering wheels, the conspirators eliminated competition for occupant safety parts in cars sold to U.S. consumers,” said Scott D. Hammond, Deputy Assistant Attorney General of the Antitrust Division’s criminal enforcement program. “As a result of the division’s close work with its law enforcement partners, more than $785 million in criminal fines have been imposed in this ongoing investigation.
According to a one-count felony charge filed today in the U.S. District Court in Detroit, TRW Deutschland engaged in a conspiracy to rig bids for, and to fix, stabilize and maintain the prices of seatbelts, airbags and steering wheels sold to automakers in the United States and elsewhere.According to court documents, the defendant’s involvement in the conspiracy to fix prices of seatbelts, airbags and steering wheels lasted from January 2008 until at least June 2011. The department said that the TRW Automotive subsidiary and its co-conspirators carried out the conspiracy by agreeing, during meetings and conversations, to allocate the supply of seatbelts, airbags and steering wheels and sold the occupant safety parts at noncompetitive prices to automakers in the United States and elsewhere.
Including TRW Deutschland, seven companies and 10 individuals have been charged in the department’s ongoing investigation into price fixing and bid rigging in the auto parts industry. Furukawa Electric Co. Ltd, DENSO Corp., Yazaki Corp., G.S. Electech Inc., Fujikura Ltd. and Autoliv Inc. pleaded guilty and were sentenced to pay a total of more than $785 million in criminal fines. Additionally, seven of the individuals – Junichi Funo, Hirotsugu Nagata, Tetsuya Ukai, Tsuneaki Hanamura, Ryoki Kawai, Shigeru Ogawa and Hisamitsu Takada – have been sentenced to pay criminal fines and to serve jail sentences ranging from a year and a day to two years each. Makoto Hattori and Norihiro Imai have pleaded guilty and await sentencing. Kazuhiko Kashimoto is scheduled to plead guilty on Aug. 22, 2012.
TRW Deutschland is charged with price fixing in violation of the Sherman Act, which carries a maximum penalty of a $100 million criminal fine for corporations. The maximum fine may be increased to twice the gain derived from the crime or twice the loss suffered by the victims of the crime, if either of those amounts is greater than the statutory maximum fine.
Today’s prosecution arose from an ongoing federal antitrust investigation into price fixing, bid rigging and other anticompetitive conduct in the automotive parts industry, which is being conducted by the Antitrust Division’s National Criminal Enforcement Section and the FBI’s Detroit Field Office with the assistance of the FBI headquarters’ International Corruption Unit. Anyone with information concerning the focus of this investigation is urged to call the Antitrust Division’s National Criminal Enforcement Section at 202-307-6694, visit www.justice.gov/atr/contact/newcase.htm, or call the FBI’s Detroit Field Office at 313-965-2323.
Former Milwaukee Police Officer Sentenced to 24 Years in Prison for Civil Rights Violation and Sexual AssaultRead the Press Release
WASHINGTON – Former Milwaukee Police Officer Ladmarald Cates was sentenced today by U.S. District Judge J.P. Stadtmueller to 24 years in prison, the Justice Department announced. Cates was found guilty by a federal jury on Jan. 11, 2012, of a civil rights charge stemming from his July 16, 2010, sexual assault of a Milwaukee woman.
The evidence at trial established that on July 16, 2010, Cates, while acting as a Milwaukee police officer, responded to a 911 call for police assistance at the victim’s home. The defendant then used a combination of coercion and intimidation to force the victim to commit sexual acts before forcibly raping her.“This officer committed a heinous act by raping a woman who called on the police because she needed help. His outrageous conduct requires the significant prison sentence delivered by the court today,” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division. “The Justice Department remains committed to aggressively prosecuting officers who use their authority to violate civil rights.”
“The 24-year term of imprisonment imposed upon this defendant reflects both the flagrant violation of the fundamental civil rights of a member of our community and the unconscionable conduct of a law enforcement officer sworn to protect our citizens,” said James L. Santelle, U.S. Attorney for the Eastern District of Wisconsin. “The message to all of our constituents, including the police, is that horrific behaviors of this sort will result in prompt investigation, focused prosecution, and prolonged incarceration.”
Following an internal investigation, the Milwaukee Police Department fired Cates.
The prosecution of this case was based upon the cooperation and support of the Milwaukee Police Department, which worked closely with the FBI in the investigation. The case was prosecuted by Assistant U.S. Attorney Mel. S. Johnson of the Eastern District of Wisconsin and Criminal Section Trial Attorney Saeed A. Mody of the Justice Department’s Civil Rights Division.
Federal Agencies Convene Week-Long Intertribal Youth SummitRead the Press Release
WASHINGTON – More than 200 American Indian and Alaska Native youth and adult leaders from 53 tribal communities across the country have convened at the 2012 National Intertribal Youth Summit. The conference will run through Aug. 2, 2012, at the 4-H Conference Center in Chevy Chase, Md., and at various locations in Washington, D.C. The summit coincides with the second anniversary of President Obama’s signing of the Tribal Law and Order Act (TLOA) into law.
The summit provides a leadership forum where tribal youth can discuss critical issues facing them in Indian Country. It also allows Obama Administration officials to hear directly from the youth. The administration and federal agencies have made a commitment to building healthier and safer communities through enhanced coordination and collaboration with tribal partners.
Participants will develop leadership skills and engage in interactive discussions with tribal elders, leaders and mentors, youth advocates, and field experts on cultural values and community-based solutions to these critical issues. They will also meet with officials from Congress and the administration, as well as the Departments of Justice, Interior, Health and Human Services and Education. During the week-long event they will visit national monuments, the U.S. Capitol and the White House.
The Justice Department launched the Youth Summit initiative to promote long-term improvement in public safety in tribal communities in response to requests from tribal leaders for the development of culturally appropriate prevention, early intervention, treatment, rehabilitation and reentry programs for tribal youth and families.
“This summit is an opportunity for those of us in Washington to hear directly from youth as representatives of their tribes,” said Acting Associate Attorney General Tony West. “The choices that young leaders make will help define the future of their tribal nations. Working together, we can develop solutions to the challenges that they, their families and their peers face each day.”
Related Materials:
Remarks by Acting Associate Attorney General Tony West at the National Intertribal Youth Summit
Friday 27 July 2012
Two Former Soldiers Plead Guilty to Conspiracy to Illegally<br /> Obtain Fraudulent Recruiting Referral BonusesRead the Press Release
WASHINGTON –Two former soldiers pleaded guilty to participating in a conspiracy to defraud the U.S. military and its contractor of at least approximately $244,000 in fraudulent recruiting bonuses, announced Assistant Attorney General Lanny A. Breuer of the Justice Department’s Criminal Division.
Former Army Specialist Paul Escobar, 32, and current Army Specialist Richard Garcia Jr., 28, both of San Antonio, Texas, were indicted on Sept. 13, 2011, in the U.S. District Court for the Western District of Texas in San Antonio. Escobar entered his guilty plea on July 19, 2012, and Garcia entered his plea on July 26, 2012.
Former Specialist Xavier Aves, 40, of San Antonio; Corporal Christopher Castro, 30, of San Antonio; former Staff Sergeant Grant E. Bibb, 40, of Eagle Pass, Texas; and Sergeant First Class Jesus Torres-Alvarez, 31, of El Paso, Texas, were also indicted along with Escobar and Garcia.
According to court documents, between approximately 2005 and 2008, the U.S. Army, the U.S. Army Reserves and the National Guard Bureau entered into contracts with Document and Packaging Broker Inc. to administer recruiting programs designed to offer monetary incentives to U.S. soldiers who referred civilians to join the Army, the Army Reserves and the Army National Guard. In addition, the Army managed its own recruiting referral programs to offer bonuses to soldiers who referred other individuals to join the Army or the Army Reserves.
Through these recruiting bonus programs, participating soldiers could receive up to $2,000 in bonus payments for civilians whom they referred to join the U.S. military. Based on certain milestones achieved by the referred soldier, a participating soldier would receive payments in the form of direct deposits and pre-paid debit card payments. To participate, soldiers needed to set up online sponsor or recruiting assistant accounts.
According to court documents, Escobar enlisted in the U.S. Army in approximately November 2007, and served until approximately January 2010. Escobar admitted that in approximately July 2008, he and co-conspirator Aves agreed to use a recruiting assistant account in Escobar’s name to claim that Escobar was responsible for referring certain potential soldiers to join the U.S. Army, when in fact Escobar had not referred those soldiers. Through these fraudulent representations, Escobar and Aves received a total of approximately $6,000 in fraudulent recruiting bonuses.
According to court documents, Garcia enlisted in the U.S. Army in approximately November 2005. Garcia admitted that in approximately May 2008, he and co-conspirator Aves agreed to use a recruiting assistant account in Garcia’s name to claim that Garcia was responsible for referring certain potential soldiers to join the U.S. Army, when in fact Escobar had not referred those soldiers. Through these fraudulent representations, Garcia and Aves received a total of approximately $13,000 in fraudulent recruiting bonuses.
According to court documents, Escobar, Garcia, Aves and their co-conspirators collected, in total, approximately $244,000 in fraudulent recruiting bonus payments from the various recruiting programs.
The charge of conspiracy to commit wire fraud carries a maximum penalty of five years in prison and a maximum fine of $250,000 or twice the gain or loss. Sentencing for Escobar and Garcia has been scheduled for Nov. 2, 2012, before Chief U.S. District Judge Fred Biery in San Antonio.
The case against Escobar and Garcia arises from an investigation involving allegations that former and current military recruiters and U.S. soldiers in the San Antonio area engaged in a wide-ranging scheme to obtain fraudulent recruiting bonuses. To date, the investigation has led to charges against eight people, all of whom have pleaded guilty. The investigation is ongoing.
On May 31, 2012, former Sergeant and National Guard recruiter Rafael L. Acosta, 39, of San Antonio, pleaded guilty to conspiracy to commit bribery and wire fraud for organizing and leading a conspiracy to obtain more than $90,000 in fraudulent recruiting bonuses. He is scheduled to be sentenced on Nov. 2, 2012.
On February 3, 2012, Aves pleaded guilty to one count of conspiracy to commit wire fraud, and one count of aggravated identity theft, which carries a mandatory minimum sentence of two years. On Jan. 30, 2012, Bibb pleaded guilty to one count of conspiracy to commit wire fraud. On Jan. 26, 2012, Torres-Alvarez pleaded guilty to one count of conspiracy to commit wire fraud. According to court documents, Torres-Alvarez, an active duty recruiter, admitted that he sold the names and Social Security numbers of potential soldiers to Aves and others involved in the scheme. Aves, Bibb and Torres-Alvarez are scheduled for sentencing on Nov. 2, 2012.
On Nov. 3, 2011, Castro pleaded guilty to one count of conspiracy to commit wire fraud for his role in the scheme. On June 29, 2012, Castro was sentenced to one year and a day in prison and ordered to pay $244,000 in restitution, jointly and severally.
On Jan. 28, 2010, Sergeant Ernest Gonzales, 50, of San Antonio, pleaded guilty to a one-count criminal information charging him with conspiracy to commit wire fraud for his role in the scheme. Gonzales assisted the government by providing helpful information concerning Aves, Bibb and Castro. On June 29, 2012, Gonzales was sentenced to five years probation and ordered to pay $244,000 in restitution, jointly and severally.
This investigation is being prosecuted by Trial Attorneys Edward J. Loya Jr. and Brian A. Lichter of the Criminal Division’s Public Integrity Section. The case is being investigated by agents from the San Antonio Fraud Resident Agency of the Major Procurement Fraud Unit, U.S. Army Criminal Investigation Command.New York Distributor of Prepaid Phone Cards Pleads Guilty to Tax EvasionRead the Press Release
Goher Yaqoob, a resident of Roslyn Heights, N.Y., pleaded guilty today in U.S. District Court in the Eastern District of New York to tax evasion, the Justice Department and Internal Revenue Service (IRS) announced.
According to court records, Yaqoob, who sold prepaid phone cards through a distributorship business he owned, admitted that he filed a false individual income tax return and attempted to evade his income taxes for tax year 2002 by underreporting his income. Yaqoob admitted that his criminal conduct caused a tax loss of at least $147,323 between calendar years 2000 and 2003.
Yaqoob faces a potential maximum sentence of five years in prison and a fine of up to $250,000. U.S. District Judge John Gleeson, who is presiding over the matter, set a sentencing date of Dec. 7, 2012.
The case was investigated by IRS - Criminal Investigation and is being prosecuted by Trial Attorneys Jorge Almonte and Jeffrey B. Bender of the Justice Department’s Tax Division.
Maryland Resident Pleads Guilty to Filing False Tax ReturnsRead the Press Release
Adean Wells, of Silver Spring, Md., pleaded guilty today to filing two false individual income tax returns before Senior U.S. District Judge Thomas Hogan in the U.S. District Court for the District of Columbia, the Justice Department and the Internal Revenue Service (IRS) announced.
Adean Wells pleaded guilty to filing false individual income tax returns (IRS Forms 1040) for tax years 2006 and 2007. According to admissions made in court, Wells, a retired federal employee, failed to report approximately $900,000 in consulting income she earned during the prosecution years. Judge Hogan scheduled the sentencing hearing for Dec. 5, 2012 . Wells faces a maximum potential sentence of three years in prison, a fine of up to $250,000 for each count, and could be ordered to pay restitution to the IRS.
The case was investigated by special agents of IRS-Criminal Investigation and is being prosecuted by Assistant Chief Karen Kelly of the Justice Department’s Tax Division.
Justice Department Settles Housing Discrimination Lawsuit Related to Senior Housing in Santa Rosa, CaliforniaRead the Press Release
The Justice Department today announced an agreement with a California municipality and a homeowners’ association to resolve allegations of discrimination on the basis of familial status in violation of the Fair Housing Act. The settlement, in the form of a consent order, must be approved by the U.S. District Court for the Northern District of California.
The department’s lawsuit, which was filed on Nov. 21, 2011, alleged that the city of Santa Rosa, Calif., and La Esplanada Unit 1 Owners’ Association, a homeowners’ association, unlawfully sought to restrict residency at a housing development to seniors aged 55 and older. While the law allows an exemption for senior housing, the suit alleged that neither the city nor the homeowners’ association took the steps, such as routine age-verification, necessary to qualify for an exemption to the Fair Housing Act .
Under the terms of the consent order, the city of Santa Rosa will not take any enforcement action against the housing development to force it to exclude families with children, and will waive the estimated $12,500 in costs associated with any zoning changes that may be necessary to bring the city’s regulation of the property into compliance with federal law. Further, when the city, through its zoning code, permits or requires a developer or property owner to operate senior housing, it will, among other things, designate the age restriction of the zoned property in its ordinances and zoning maps, and require that property owners for these developments submit biennial age verifications for the city’s review and certification. The city will designate an agency to review and certify the biennial certifications.
The homeowners’ association also is prohibited from excluding families with children from the development unless it affirmatively elects to become an age-restricted community for persons 55 years of age or older and conforms to the requirements of the Fair Housing Act. The Fair Housing Act's requirements include ensuring that at least 80 percent of the occupied units are occupied by at least one person who is 55 years of age or older and ensuring there are proper age verification procedures in place. In addition, the homeowners’ association will provide compensatory damages to the aggrieved persons in an amount of $44,000 by providing a set-off to amounts it has claimed it is owed by the aggrieved persons.
The consent order also requires the homeowners’ association’s officers, agents and employees, as well as city employees and agents with responsibilities related to zoning and land use to receive fair housing training, and requires the homeowners’ association and the city to pay $5,000 each to the United States as a civil penalty.
“It is critical that families with children have opportunities to find housing,” said Thomas E. Perez, Assistant Attorney General for the Justice Department’s Civil Rights Division. “We are pleased to achieve a resolution in this case that balances the housing rights of families against the ability of a municipality and community to maintain senior housing.”
“The resolution of this action is another step in the United States’ continuing commitment to protect all of its citizens and to provide fair housing opportunities for people of all ages,” said Melinda Haag, U.S. Attorney for the Northern District of California. “We are pleased to come to a just and speedy resolution with the city of Santa Rosa and the Homeowners’ Association.”
This lawsuit arose as a result of a complaint filed with the Department of Housing and Urban Development (HUD) by the owner and representative of a portion of the condominium development that was the subject of the defendants’ enforcement actions. After HUD investigated the complaint, it issued a charge of discrimination and the matter was referred to the Justice Department.
“This settlement gives Santa Rosa a path forward to have senior housing and protect the rights of families with children under the Fair Housing Act,” said John Trasviña, HUD Assistant Secretary for Fair Housing and Equal Opportunity.
The federal Fair Housing Act prohibits discrimination in housing on the basis of race, color, religion, sex, familial status, national origin and disability. More information about the Civil Rights Division and the laws it enforces is available at www.usdoj.gov/crt . Individuals who believe that they have been victims of housing discrimination can call the Housing Discrimination Tip Line at 1-800-896-7743, email the Justice Department at [email protected] , or contact HUD at 1-800-669-9777.
Justice Department Announces Agreement with City of Seattle<br /> <br /> to Implement Reforms of Seattle Police DepartmentRead the Press Release
The United States has entered into a comprehensive, cooperative agreement with the city of Seattle to implement sustainable reforms within the Seattle Police Department (SPD), the Justice Department announced today. The agreement seeks to resolve issues raised by the Justice Department’s investigation into SPD through federal court oversight of reform efforts to ensure effective and constitutional policing in Seattle. The agreement includes a settlement agreement and stipulated order of resolution (settlement agreement), filed in federal court in Seattle today, that is subject to an independent monitor and court oversight, and separately a memorandum of understanding (MOU) to be enforced by the parties with community oversight and the assistance of the monitor.
The settlement agreement will require SPD to revise its use of force policies and enhance its training, reporting, investigations and supervision of uses of force. It also requires revisions to policies, training and supervision relating to both bias-free policing and stops and detentions; improves supervision and accountability mechanisms to ensure implementation of the reforms on the ground; and creates the Community Police Commission, a civilian oversight board with responsibilities regarding particular areas of reform detailed in the settlement agreement and MOU. The settlement agreement is subject to approval of a federal judge and must be court-ordered.
The MOU is an agreement that will be enforced by the parties with community oversight. The MOU specifically provides for the Community Police Commission to assess SPD’s outreach efforts and initiatives; provide input regarding data collection around stops and detention; and ensure transparency and public reporting. As part of the MOU, the Community Police Commission also will lead a review of the structure of the city’s police accountability system.
“This agreement provides a blueprint for reform with innovative methods for ensuring community engagement and sustainability,” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division. “We look forward to continuing our partnership with the city, Mayor McGinn, the Seattle Police Department and the community to ensure that effective and constitutional policing takes place in Seattle.”
A court-appointed monitor, to be selected jointly by the city and the Justice Department, will oversee the implementation of the settlement agreement and provide expert assistance to the Community Police Commission in the MOU.
“Today begins a new chapter for policing in Seattle. All of us depend upon the critical bond between the community and police officers who risk their lives to protect public safety. This agreement advances meaningful and measurable reforms that ensure effective policing and build community trust. We must get this right. We owe it to every officer who serves and every resident of this great city,” said U.S. Attorney for the Western District of Washington Jenny A. Durkan.
The department’s investigation of SPD was announced on March 31, 2011, and conducted by the Civil Rights Division’s Special Litigation Section and the U.S. Attorney’s Office for the Western District of Washington. The investigation focused on whether SPD engages in a pattern or practice of unconstitutional or unlawful policing through the use of excessive force or discriminatory policing. On December 16, 2011, the department issued a written report of its findings. The department found reasonable cause to believe that SPD engages in a pattern or practice of excessive force, in violation of the Fourth Amendment of the U.S. Constitution and the Violent Crime Control and Law Enforcement Act of 1994. The department did not make a finding that SPD engages in a pattern or practice of discriminatory policing, but raised concerns about some of SPD’s policies and practices, particularly those related to pedestrian encounters.
The Justice Department’s investigation, conducted in collaboration with and with the full and open cooperation of the city and SPD, involved an in-depth review of thousands of pages of SPD documents and materials, including written policies and procedures, training materials, and internal reports, data, video footage and investigative files. Justice Department attorneys and investigators also conducted interviews with SPD officers, supervisors and command staff, and city officials, in addition to conducting hundreds of interviews with community members and local advocates.
Following the release of the findings in December, the Justice Department received input from a wide range of stakeholders, including city officials and elected leaders, SPD commanders and police officers, police unions, and a broad range of community members and service providers.
Related Materials:
Memorandum of Understanding
Complaint
Settlement AgreementAryan Brotherhood of Texas Gang Member Sentenced to Serve<br /> 10 Years in Prison for Violent Crimes in Aid of RacketeeringRead the Press Release
An Aryan Brotherhood of Texas (ABT) gang member from Houston was sentenced today to serve 10 years in prison for his role in an aggravated assault that took place in Tomball, Texas, in September 2008, announced Assistant Attorney General Lanny A. Breuer of the Criminal Division and U.S. Attorney Kenneth Magidson of the Southern District of Texas.
David Harlow, 43, aka “Bam Bam,” was found guilty at trial on March 21, 2012, of racketeering aggravated assault and conspiracy to commit racketeering aggravated assault for his role in the severe beating of a prospective ABT member. Harlow was convicted on two counts and sentenced to serve 36 months on count one and 120 months on count two, to run concurrently. In addition to the prison term, Harlow was also sentenced to pay a $2,000 fine by senior U.S. District Court Judge Ewing Werlein Jr.
According to court documents, Harlow was a member of the ABT, a powerful race-based, state-wide organization that operated inside and outside of state and federal prisons throughout the United States. The ABT was established in the early 1980s within the Texas prison system. The gang modeled itself after and adopted many of the precepts and writings of the Aryan Brotherhood, a California-based prison gang that was formed in the California prison system during the 1960s. According to court documents, previously, the ABT was primarily concerned with the protection of white inmates and white supremacy/separatism. Over time, the ABT has expanded its criminal enterprise to include illegal activities for profit.
According to court documents, the ABT enforced its rules and promoted discipline among its members, prospects and associates through murder, attempted murder, conspiracy to murder, assault, robbery and threats against those who violate the rules or pose a threat to the enterprise. Members, and oftentimes associates, were required to follow the orders of higher-ranking members, often referred to as “direct orders.”
According to court documents, Harlow, along with 11 fellow ABT gang members, participated in the beating of a prospective ABT member at the home of another ABT gang leader, Steven Walter Cooke, 48, aka “Stainless,” in Tomball, on Sept. 22, 2008. The ABT prospect, who sustained serious bodily injury, was beaten by ABT gang members because he violated ABT rules of conduct.
The remaining 11 co-defendants have pleaded guilty for their roles in the assault.
This case is being investigated by a multi-agency task force consisting of the Bureau of Alcohol, Tobacco, Firearms and Explosives; the Drug Enforcement Administration; the FBI; the U.S. Marshals Service; the Texas Ranger Division – Texas Department of Public Safety; the Walker County, Texas, Sheriff’s Office; the Montgomery County, Texas, Sheriff’s Department; the Houston Police Department-Gang Division; the Tomball Police Department; the Texas Department of Criminal Justice – Inspector General; and the Harris County, Texas, Sheriff’s Office.
The case is being prosecuted by David Karpel of the Criminal Division’s Organized Crime and Gang Section and Assistant U.S. Attorney Jay Hileman of the Southern District of Texas.
Alabama Return Preparers Sentenced to Jail for Tax ConspiracyRead the Press Release
James E. Moss and Avada L. Jenkins were both sentenced yesterday to 160 months and 41 months in prison respectively for their involvement in a fraudulent tax return perpetration scheme, the Justice Department and the Internal Revenue Service (IRS) announced. U.S. District Judge Mark E. Fuller of the Middle District of Alabama also ordered Moss and Jenkins to pay over $120,000 in restitution, jointly and severally, to the IRS.
On Nov. 2, 2011, a jury found both Moss and Jenkins guilty of conspiracy and aiding and assisting the preparation of false tax returns relating to a tax preparation business owned by Moss named “Flash Tax” in Montgomery, Ala. The evidence at trial proved that both Moss and Jenkins, an employee of Flash Tax, prepared false tax returns for customers that fraudulently inflated the amount of refunds due to the customers. During the sentencing, Judge Fuller concluded the overall intended tax loss associated with the scheme was in excess of $7 million dollars.
Three other employees of Flash Tax had been sentenced previously for their roles in preparing false income tax returns. Chiquita Broadnax and Lutoyua Thompson were each sentenced to 18 months in prison, and Melinda Lambert was sentenced to 6 months in prison and 6 months home confinement.
Kathryn Keneally, Assistant Attorney General for the Justice Department’s Tax Division, thanked special agents of IRS - Criminal Investigation, who investigated the case, and Tax Division Trial Attorneys Charles M. Edgar, Jr., Thomas J. Krepp and Michelle M. Petersen, who prosecuted the case.
Additional information about the Tax Division and its enforcement efforts may be found at www.usdoj.gov/tax .
Thursday 26 July 2012
Portsmouth, Va., Bail Bondsman Pleads Guilty<br /> to Bribing Public OfficialsRead the Press Release
A bail bondsman in Portsmouth, Va., pleaded guilty today in the Eastern District of Virginia for bribing public officials in exchange for receiving favorable treatment, Assistant Attorney General Lanny A. Breuer of the Justice Department’s Criminal Division and U.S. Attorney Neil H. MacBride for the Eastern District of Virginia announced today.
Ulysses “Tugger” Stephenson, 52, of Portsmouth, pleaded guilty before U.S. Magistrate Judge Bradford Stillman. The sentencing is scheduled in front of U.S. District Judge Rebecca Smith on Nov. 2, 2012.
Stephenson was charged in a criminal information filed on July 9, 2012, with one count of conspiracy to commit federal programs bribery and one count of federal programs bribery. He faces a maximum penalty of five years in prison and a fine of $250,000 for the conspiracy, and a maximum penalty of 10 years in prison and a fine of $250,000 for the bribery.
According to a statement of facts filed with his plea agreement, Stephenson earned money by charging arrestees a percentage of the amount of bond set by a magistrate. Thus, the larger the bond amount set, and the more arrestees that were referred to him as prospective clients, the more money Stephenson would earn. To obtain additional clients and therefore maximize his profits, Stephenson gave cash and gifts to Deborah Clark—a local magistrate who pleaded guilty to federal programs bribery on May 2, 2012—in exchange for her referring arrestees as prospective clients and seeking and accepting Stephenson’s advice on the amount of bond to set in particular cases. During this time period, Stephenson gave up to $150 per month to Clark, as well as expense money for trips and numerous cash payments for gas and meals. Additionally, in exchange for referrals, Stephenson made cash payments to an officer in the Portsmouth Sheriff’s Office. From January 2009 through July 2010, he paid that officer up to $150 per week.
Stephenson is subject to prosecution for bribery under a federal statute because the two people he bribed were agents of an organization or state receiving annual benefits in excess of $10,000 under federal programs involving grants and other forms of assistance.
This case was investigated by the FBI. Trial Attorneys Peter Mason and Monique Abrishami of the Public Integrity Section in the Justice Department’s Criminal Division and Assistant U.S. Attorney Alan M. Salsbury and Special Assistant U.S. Attorney Amy E. Cross of the Eastern District of Virginia are prosecuting the case.
Owners and Employees of Houston Mental Health Companyand Patient Recruiters Charged for Alleged Roles in$97 Million Medicare Fraud SchemeRead the Press Release
A superseding indictment was unsealed today charging two owners of a Houston mental health care company, Spectrum Care P.A., some of its employees and the owners of Houston group care homes for their alleged participation in a $97 million Medicare fraud scheme, announced the Department of Justice, the Department of Health and Human Services (HHS) and the FBI.
Mansour Sanjar, 79, Cyrus Sajadi, 64, and Chandra Nunn, 34, were originally charged in December 2011, and are expected to make their initial appearances on the superseding indictment in the coming days. The indictment was originally retuned on July 24, 2012, and was unsealed today.
Adam Main, 31, Shokoufeh Hakimi, 65, Sharonda Holmes, 38, and Shawn Manney, 50, all from the Houston area, were arrested today and are expected to make their initial appearances in U.S. District Court for the Southern District of Texas in Houston either today or tomorrow.
The superseding indictment charges Sanjar, Sajadi, Main, Terry Wade Moore, 51, Hakimi and Nunn each with one count of conspiracy to commit health care fraud; Sanjar, Sajadi, Main and Moore are charged with various counts of health care fraud; Sanjar, Sajadi, Hakimi, Nunn, Holmes and Manney each are charged with one count of conspiracy to defraud the United States and to pay health care kickbacks; and Sanjar, Sajadi, Hakimi, Nunn, Holmes and Manney are charged with various counts of payment and receipt of healthcare kickbacks. The superseding indictment also seeks forfeiture.
According to the indictment, Sanjar and Sajadi orchestrated and executed a scheme to defraud Medicare beginning in 2006 and continuing until their arrest in December 2011. Sanjar and Sajadi owned Spectrum, which purportedly provided partial hospitalization program (PHP) services. A PHP is a form of intensive outpatient treatment for severe mental illness. The Medicare beneficiaries for whom Spectrum billed Medicare for PHP services did not qualify for or need PHP services. Sanjar, Sajadi, Main and Moore signed admission documents and progress notes certifying that patients qualified for PHP services, when in fact, the patients did not qualify for or need PHP services. Sanjar and Sajadi also billed Medicare for PHP services when the beneficiaries were actually watching movies, coloring and playing games – activities that are not covered by Medicare.
Sanjar, Sajadi and Hakimi paid kickbacks to Nunn, Holmes, Manney and other group care home operators and patient recruiters in exchange for delivering ineligible Medicare beneficiaries to Spectrum, according to the indictment. In some cases, the patients received a portion of those kickbacks. The indictment alleges that Spectrum billed Medicare for approximately $97 million in services that were not medically necessary and, in some cases, not provided.
Today’s charges were announced by Assistant Attorney General Lanny A. Breuer of the Justice Department’s Criminal Division; U.S. Attorney Kenneth Magidson of the Southern District of Texas; Special Agent in Charge Stephen L. Morris of the FBI’s Houston Field Office; Special Agent in Charge Mike Fields of the Dallas Regional Office of HHS’s Office of the Inspector General (HHS-OIG), the Texas Attorney General’s Medicaid Fraud Control Unit (MFCU); Joseph J. Del Favero, Special Agent in Charge of the Chicago Field Office of the Railroad Retirement Board, Office of Inspector General (RRB-OIG); and Scott Rezendes, Special Agent in Charge of Field Operations of the Office of Personnel Management, Office of Inspector General (OPM-OIG).
An indictment is merely a formal accusation. Defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
The case is being prosecuted by Trial Attorneys Laura M.K. Cordova and Allan J. Medina and Deputy Chief Sam S. Sheldon of the Criminal Division’s Fraud Section with assistance from Trial Attorneys Jennifer Ambuehl and Aixa Maldonado-Quinones of the Criminal Division’s Asset Forfeiture and Money Laundering Section. The case was investigated by the FBI, HHS-OIG, MFCU, RRB-OIG and OPM-OIG and was brought as part of the Medicare Fraud Strike Force, supervised by the Criminal Division’s Fraud Section and the U.S. Attorney’s Office for the Southern District of Texas.
Since its inception in March 2007, the Medicare Fraud Strike Force, now operating in nine cities across the country, has charged more than 1,330 defendants who have collectively billed the Medicare program for more than $4 billion. In addition, HHS’s Centers for Medicare and Medicaid Services, working in conjunction with HHS-OIG, is taking steps to increase accountability and decrease the presence of fraudulent providers.
To learn more about the Health Care Fraud Prevention and Enforcement Action Team (HEAT), go to www.stopmedicarefraud.gov .
Obama Administration Announces Ground-breaking Public-private Partnership to Prevent Health Care FraudRead the Press Release
Attorney General Eric Holder and Health and Human Services (HHS) Secretary Kathleen Sebelius today announced the launch of a ground-breaking partnership among the federal government, state officials, several leading private health insurance organizations, and other health care anti-fraud groups to prevent health care fraud. This voluntary, collaborative arrangement uniting public and private organizations is the next step in the Obama administration’s efforts to combat health care fraud and safeguard health care dollars to better protect taxpayers and consumers.
The new partnership is designed to share information and best practices in order to improve detection and prevent payment of fraudulent health care billings. Its goal is to reveal and halt scams that cut across a number of public and private payers. The partnership will enable those on the front lines of industry anti-fraud efforts to share their insights more easily with investigators, prosecutors, policymakers and other stakeholders. It will help law enforcement officials to more effectively identify and prevent suspicious activities, better protect patients’ confidential information and use the full range of tools and authorities provided by the Affordable Care Act and other essential statutes to combat and prosecute illegal actions.
“This partnership is a critical step forward in strengthening our nation’s fight against health care fraud,” said Attorney General Holder. “This administration has established a record of success in combating devastating fraud crimes, but there is more we can and must do to protect patients, consumers, essential health care programs, and precious taxpayer dollars. Bringing additional health care industry leaders and experts into this work will allow us to act more quickly and effectively in identifying and stopping fraud schemes, seeking justice for victims, and safeguarding our health care system.”
“This partnership puts criminals on notice that we will find them and stop them before they steal health care dollars,” Secretary Sebelius said. “Thanks to this initiative today and the anti-fraud tools that were made available by the health care law, we are working to stamp out these crimes and abuse in our health care system.”
One innovative objective of the partnership is to share information on specific schemes, utilized billing codes and geographical fraud hotspots so that action can be taken to prevent losses to both government and private health plans before they occur. Another potential goal of the partnership is the ability to spot and stop payments billed to different insurers for care delivered to the same patient on the same day in two different cities. A potential long-range goal of the partnership is to use sophisticated technology and analytics on industry-wide healthcare data to predict and detect health care fraud schemes.
The Executive Board, the Data Analysis and Review Committee and the Information Sharing Committee will hold their first meeting in September. Until then, several public-private working groups will continue to meet to finalize the operational structure of the partnership and develop its draft initial work plan.
The following organizations and government agencies are among the first to join this partnership:
• America’s Health Insurance Plans
• Amerigroup Corporation
• Blue Cross and Blue Shield Association
• Blue Cross and Blue Shield of Louisiana
• Centers for Medicare & Medicaid Services
• Coalition Against Insurance Fraud
• Federal Bureau of Investigations
• Health and Human Services Office of Inspector General
• Humana Inc.
• Independence Blue Cross
• National Association of Insurance Commissioners
• National Association of Medicaid Fraud Control Units
• National Health Care Anti-Fraud Association
• National Insurance Crime Bureau
• New York Office of Medicaid Inspector General
• Travelers
• Tufts Health Plan
• UnitedHealth Group
• U.S. Department of Health and Human Services
• U.S. Department of Justice
• WellPoint, Inc.The partnership builds on existing tools provided by the Affordable Care Act, resulting in:
• Tougher sentences for people convicted of health care fraud. Criminals will receive 20 to 50 percent longer sentences for crimes that involve more than $1 million in losses.
• Enhanced screenings of Medicare and Medicaid providers and suppliers to keep fraudsters out of the program.
• Suspended payments to providers and suppliers engaged in suspected fraudulent activity.The administration’s efforts to date have already resulted in a record-breaking $10.7 billion in recoveries of health care fraud over the last three years. For more information on this partnership and the Obama administration’s work to combat health care fraud, please visit:
www.healthcare.gov/news/factsheets/2012/02/medicare-fraud02142012a.html and www.stopmedicarefraud.gov.Justice Department Requires Divestitures in Order for United Technologies Corporation to Proceed with Its Acquisition of Goodrich CorporationRead the Press Release
WASHINGTON — The Department of Justice announced today that it will require United Technologies Corporation (UTC) to divest certain assets used in the production of electrical power systems and aircraft engine control systems in order to proceed with its acquisition of Goodrich Corporation. At approximately $18.4 billion, the acquisition is the largest merger in the history of the aircraft industry. The department said that the acquisition, as originally proposed, likely would have resulted in higher prices, less favorable contractual terms and less innovation for several critical aircraft components, including generators, engines and engine control systems.The department’s Antitrust Division filed a civil antitrust lawsuit today in the U.S. District Court for the District of Columbia to block the proposed acquisition. At the same time, the department filed a proposed settlement that, if approved by the court, would resolve the competitive concerns alleged in the lawsuit.
“The acquisition as originally proposed would have lessened the vigorous competition that currently exists among manufacturers of large main engine generators, aircraft turbine engines and engine control systems for large aircraft turbine engines,” said Jamillia Ferris, Chief of Staff and Counsel at the Department of Justice’s Antitrust Division.
The department’s Antitrust Division, the European Commission and the Canadian Competition Bureau cooperated closely throughout the course of their respective investigations, with frequent contact among the agencies. In addition, the Antitrust Division had discussions with other competition agencies, including the Federal Competition Commission in Mexico and the Administrative Council for Economic Defense in Brazil.
“The Antitrust Division’s dialogue with our international counterparts around the world facilitated our investigation,” said Ferris. “In particular, the division’s close cooperation with the European Commission and Canadian Competition Bureau resulted in a coordinated remedy that will preserve competition in the United States and internationally.”
The department’s complaint alleges that the proposed acquisition would lessen competition substantially in the worldwide markets for the development, manufacture and sale of large main engine generators, aircraft turbine engines and engine control systems for large aircraft turbine engines. The department said that the acquisition, as originally proposed, would combine the only two significant suppliers of large main engine generators for aircraft in the world. UTC also would acquire Goodrich’s engine control systems business, which supplies critical components to several of UTC’s leading competitors for aircraft turbine engines. Finally, UTC, which is currently one of three leading suppliers of engine control systems for large aircraft turbine engines, would acquire Goodrich’s 50 percent share in a joint venture that forms one of the other two producers of such engine control systems.
Aircraft main engine generators produce the electrical power used by communication and navigation equipment, environmental control systems, interior and exterior lighting and other aircraft systems. Large main engine generators are complex mechanical devices that are difficult to produce, and for which there are no substitutes . Turbine engines power virtually all modern commercial, business and military aircraft. UTC is one of the few firms worldwide that produce aircraft turbine engines. Engine control systems, consisting of electronic engine controls, pumps, fuel metering units and related components, control the flow of fuel into an aircraft turbine engine such that the engine performs in a safe and efficient manner. It would be difficult and time-consuming for an engine producer to switch to an alternative supplier of engine control systems.
The proposed settlement requires UTC to divest the following assets:
- Goodrich’s business that designs, develops and manufactures large main engine generators for aircraft, including Goodrich’s shares in TRW-Thales Aerolec SAS (Aerolec);
- Goodrich’s business that designs, develops and manufactures engine control systems; and
- Goodrich’s shares in Aero Engine Controls (AEC), a joint venture to manufacture engine control systems for large aircraft turbine engines.
In addition, the proposed settlement provides:
- UTC must extend the term of certain contracts held by customers of Goodrich’s engine control systems business for a period of 30 days after the divestiture of the engine control systems business;
- UTC must provide various supply and transition services agreements to the acquirers of the assets being divested in order to assist in the transition of the businesses and allow the acquirers to continue to fulfill obligations of the divested businesses; and
- UTC must extend the period for its joint venture partner, Rolls-Royce Group plc (Rolls Royce), to exercise its option to acquire the Goodrich business that provides aftermarket services for Rolls-Royce engines equipped with AEC engine control systems.
The extension of Rolls-Royce’s option to acquire the Goodrich aftermarket business will ensure that Rolls-Royce has sufficient control over the AEC aftermarket business. The extension of the customer contracts for the engine control systems business will ensure that Goodrich’s engine control systems customers have a reliable source of supply during the divestiture period.
UTC is a Delaware-based company that produces a wide range of products for the aerospace industry and other industries, including, among other products, aircraft generators, aircraft engine control systems and components, aircraft engines and helicopters. UTC’s main aerospace divisions are Pratt & Whitney, Hamilton Sundstrand and Sikorsky. In 2010, UTC had revenues of approximately $54 billion.
Goodrich is a New York-based company that produces a variety of products for the aerospace industry, including, among other products, aircraft generators, aircraft engine control systems and components, landing gear and actuation systems. In 2010, Goodrich had revenues of approximately $7.2 billion.
As required by the Tunney Act, the proposed settlement, along with a competitive impact statement, will be published in the Federal Register. Any person may submit written comments concerning the proposed settlement during a 60-day comment period to Maribeth Petrizzi, Chief, Litigation II Section, Antitrust Division, U.S. Department of Justice, 450 Fifth Street, N.W., Suite 8700, Washington, D.C. 20530. At the conclusion of the 60-day comment period, the U.S. District Court for the District of Columbia may approve the proposed settlement upon finding it is in the public interest.
Justice Department Reaches $12 Million Settlement to Resolve Violations of the Servicemembers Civil Relief Act by Capital OneRead the Press Release
Capital One N.A. and Capital One Bank (USA) N.A. (together Capital One), have agreed to pay approximately $12 million to resolve a lawsuit by the Department of Justice alleging the companies violated the Servicemembers Civil Relief Act (SCRA), the Justice Department announced today. The settlement covers a range of conduct that violated the protections guaranteed service members by the SCRA, including wrongful foreclosures, improper repossessions of motor vehicles, wrongful court judgments, improper denials of the 6 percent interest rate the SCRA guarantees to service members on some credit card and car loans and insufficient 6 percent benefits granted on credit cards, car loans and other types of accounts. The proposed consent order, which was filed simultaneously with the complaint, is one of the most comprehensive SCRA settlements ever obtained by a government agency or any private party under the SCRA.
“Today’s action makes clear that the Justice Department will fight for our service members, and use every available tool, resource and authority to hold accountable those who engage in discriminatory practices targeting those who serve,” said Attorney General Eric Holder. “Every day, our brave men and women in uniform make tremendous sacrifices to protect the American people from a range of global threats – and my colleagues and I are determined to ensure that they receive our strongest support here at home.”
The agreement requires Capital One to pay approximately $7 million in damages to service members for SCRA violations, including at least $125,000 in compensation plus compensation for any lost equity (with interest) to each servicemember whose home was unlawfully foreclosed upon, and at least $10,000 in compensation plus compensation for any lost equity (with interest) to each servicemember whose motor vehicle was unlawfully repossessed. In addition, the agreement requires Capital One to provide a $5 million fund to compensate service members who did not receive the appropriate amount of SCRA benefits on their credit card accounts, motor vehicle finance loans and consumer loans. Any portion of the $5 million that remains after payments to service members are made will be donated by Capital One to one or more charitable organizations that assist service members.
“This settlement demonstrates that the Justice Department will take any and all actions to ensure that the rights of service members are protected. We rely on these brave men and women to protect the safety and security of this country and we will be vigilant in protecting their rights at home,” said Assistant Attorney General for the Civil Rights Division Thomas E. Perez. “We commend Capital One for taking steps to develop strong SCRA policies before they knew the full results of our investigation.”
Capital One cooperated fully with the Justice Department’s investigation into its SCRA practices and has also agreed to pay above and beyond the $12 million if ongoing, independent audits required by the settlement turn up violations in accounts that it recently acquired from HSBC or ING Direct USA. Capital One has also, on its own initiative, recently adopted several policies that go beyond the requirements of the SCRA, such as extending a 4 percent interest rate to qualifying service members and giving an additional one-year grace period before de-enrolling service members from the reduced interest rate program.
Service members will be identified and compensated, with no action required on their part, on accounts dating back to July 15, 2006. As a result of the decree, Capital One has agreed to treat a service member’s request for a 6 percent rate relief in one area of its lending, such as credit cards, as a request for a 6 percent rate relief for any loan the servicemember may have with Capital One or its affiliates. This is the first time the Justice Department has obtained this type of enterprise-wide rate reduction relief from a lender under the SCRA. The settlement also requires Capital One to adopt policies and practices to prevent violations of the SCRA in the future.
The settlement was filed in conjunction with the Department’s complaint, which alleges that Capital One violated the SCRA, from at least July 15, 2006 to Nov. 21, 2011, when it: 1) wrongly denied certain written requests made by SCRA-protected service members to have the interest rate on their credit cards and motor vehicle finance loans lowered to 6 percent per year; 2) provided insufficient interest rate benefits on certain accounts that were enrolled after written requests were received from SCRA-protected service members; 3) foreclosed on the mortgages of certain SCRA-protected service members without court orders; 4) repossessed certain SCRA-protected service members’ motor vehicles without court orders; and 5) obtained default judgments on certain debts owed on credit cards, mortgage foreclosures, and/or motor vehicles without filing accurate affidavits of military service
“We rely on the SCRA to guard and protect the rights of our men and women of the armed forces so that they can focus on their service to our country,” said U.S. Attorney for the Eastern District of Virginia Neil MacBride. “This case underscores the need for financial service providers to be aware of the wide-ranging protections and benefits the SCRA provides and to have in place policies and procedures that ensure service members’ SCRA rights are protected.”
The agreement, which is subject to court approval, was filed today in federal court in Alexandria, Va. The lawsuit resulted from a referral to the Justice Department by the Office of the Staff Judge Advocate at Davis-Monthan Air Force Base in Arizona. The referral involved a claim of a single service member’s failure to receive an interest rate reduction on his Capital One credit card account. The settlement comes after a two-year investigation of Capital One by the Department of Justice.
The SCRA provides critical consumer and other protections to the men and women serving our nation in the military. Its enactment was recognition that those who are making great sacrifices to protect us deserve our full support at home.
For more information about SCRA enforcement by the Justice Department, please visit www.servicemembers.gov , email [email protected] or call 1-800-896-7743.
Related Materials:
Capital One Settlement
Justice Department Announces Americans with Disabilities Act Barrier-free Health Care Initiative by Us Attorney’s Offices NationwideRead the Press Release
U.S. Attorney’s offices across the nation are partnering with the Civil Rights Division to target their enforcement efforts on a critical area for individuals with disabilities through a new Barrier-Free Health Care Initiative, the Justice Department announced today. The announcement comes on the 22nd anniversary of the Americans with Disabilities Act (ADA), which was passed on July 26, 1990. Assistant Attorney General Thomas E. Perez announced the new initiative today at an event celebrating the anniversary of the ADA in Washington, D.C.
This new initiative will make sure that people with disabilities, especially those who are deaf or hard of hearing, have access to medical information provided to them in a manner that is understandable to them. The Barrier-Free Health Care Initiative is a multi-phase plan that will also involve other key issues for people with disabilities, including ensuring physical access to medical buildings.
“Access to health care remains an area of critical need for too many people with disabilities, especially those who are deaf or who have hearing loss,” said Assistant Attorney General Perez. “The Barrier-Free Health Care Initiative will make sure people with disabilities are capable of physically accessing medical buildings and facilities and are not discriminated against when it comes to receiving potentially life-saving medical information. I look forward to continuing to work with U.S. Attorneys to advance ADA compliance efforts nationwide.”
The Civil Rights Division and U.S. Attorney’s offices have long enforced the ADA in this area. This nationwide initiative seeks to focus and leverage the department’s resources together and aggregate and echo the collective message that disability discrimination in health care is illegal and unacceptable. Already, 35 U.S. Attorneys have committed to this initiative.
The U.S. Attorney’s Office for the Eastern District of Michigan, in partnership with the Disability Rights Section, recently entered into a large-scale settlement agreement with Henry Ford Health System to ensure effective communication for people who are deaf or who have hearing loss throughout its entire extensive system of hospitals and medical facilities. Additionally, the U.S. Attorney’s Office for the District of New Hampshire continued on its string of successes in achieving compliance in New Hampshire hospitals when it filed a complaint and consent decree against a major hospital in Keene, N.H., for its failures to provide effective communication and for its discriminatory decision to require a deaf patient’s hearing mother to serve an interpreter for her daughter.
“These settlements ensure that deaf and hard of hearing patients can communicate with their doctors and obtain equal access to medical treatment, especially at critical moments in their care,” said Barbara McQuade, U.S. Attorney for the Eastern District of Michigan. “This nationwide initiative emphasizes that disability discrimination in health care is illegal and unacceptable.”
For more than 15 years, U.S. Attorneys have been a critical force multiplier with the Civil Rights Division in enforcing the ADA through the U.S. Attorney Program for ADA Enforcement with the Disability Rights Section. Eighty-four U.S. Attorney’s offices across the nation currently participate in this critical and unique partnership effort and have resolved hundreds of matters involving core issues ranging from accessible voting, access to places of public accommodation and state and local governmental facilities, and discriminatory policies, practices and procedures.
Information about the Barrier-Free Health Care Initiative and the U.S. Attorney Program for ADA Enforcement can be found at www.ada.gov .
Detroit-Area Health Care Clinic Manager Sentenced to Serve40 Months in Prison for Role in $8.5 Million Diagnostic Testing Fraud SchemeRead the Press Release
The manager of a Detroit-area health care clinic was sentenced today to serve 40 months in prison for his leading role in a $7.42 million Medicare fraud scheme, the Departments of Justice and Health and Human Services (HHS) announced.
Miami-area resident Alejandro Haber, 27, was sentenced by U.S. District Judge Patrick Duggan in the Eastern District of Michigan in Detroit. In addition to his prison term, Haber was sentenced to serve three years of supervised release and was ordered to pay $5,333,906 in restitution, joint and several with his co-defendants, and was ordered to forfeit approximately $99,000 seized from bank accounts he controlled.
On Oct. 27, 2012, Haber pleaded guilty to one-count of conspiracy to commit health care fraud. According to plea documents, Haber conceived and oversaw fraud schemes at a clinic called Ritecare LLC. Ritecare later merged with a clinic called CompleteHealth LLC. Haber’s role was limited to the operation of Ritecare alone.
On July 24, 2012, Alejandro Haber’s father, Emilio Haber, was sentenced to serve 60 months in prison for his leading role in an $8.5 million Medicare fraud scheme.
According to court documents, w hile operating Ritecare, Alejandro Haber and his co-conspirators billed Medicare for medically unnecessary tests and services. Haber obtained patients for Ritecare through the payment of kickbacks to patient recruiters and directly to Medicare beneficiaries. The majority of patients were obtained through patient recruiters. Typically, co-conspirators at Ritecare paid patient recruiters $100-$150 per patient obtained, with $50-$75 to go to the patient in exchange for coming to Ritecare and subjecting themselves to medically unnecessary tests.
To justify the medically unnecessary tests, co-conspirators at Ritecare instructed the patient recruiters to have the patients feign certain symptoms. Haber admitted that co-conspirators also directly instructed patients to feign symptoms as well. The kickbacks paid to the recruiters and the patients were contingent upon the Medicare beneficiaries identifying the symptoms necessary to justify medically unnecessary tests. Consequently, the patients’ medical records contained false or fabricated symptoms allowing Ritecare to deceive Medicare as to the legitimacy and medical necessity of the tests it performed. The most expensive tests were nerve conduction studies.
Between approximately August 2007 and approximately October 2009, Haber submitted and/or caused to be submitted approximately $7.42 million in fraudulent claims through Ritecare to the Medicare program for medical and testing services that were procured through the payment of kickbacks, were medically unnecessary, and justified by deception and patient coaching. Medicare actually paid approximately $5.33 million on those claims.
Today’s sentencing was announced by Assistant Attorney General Lanny A. Breuer of the Justice Department’s Criminal Division; U.S. Attorney for the Eastern District of Michigan Barbara L. McQuade; Acting Special Agent in Charge of the FBI’s Detroit Field Office Edward J. Hanko; and Special Agent in Charge Lamont Pugh III of the HHS Office of Inspector General’s (OIG) Chicago Regional Office.
This case was prosecuted by Assistant Chief Gejaa T. Gobena of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Philip A. Ross of the Eastern District of Michigan. It was investigated by the FBI and HHS-OIG, and was brought as part of the Medicare Fraud Strike Force, supervised by the Criminal Division’s Fraud Section and the U.S. Attorney’s Office for the Eastern District of Michigan.
Since its inception in March 2007, the Medicare Fraud Strike Force, now operating in nine cities across the country, has charged more than 1,330 defendants who have collectively billed the Medicare program for more than $4 billion. In addition, HHS’s Centers for Medicare and Medicaid Services, working in conjunction with HHS-OIG, is taking steps to increase accountability and decrease the presence of fraudulent providers.
To learn more about the HEAT team, go to: www.hhs.gov/stopmedicarefraud .