Category Archives: Fraud News From World

A “Fraud News From World” directory is a collection of news articles about fraud and scams from around the world. These directories can be a valuable resource for staying informed about the latest scams and how to protect yourself from them. The directory typically includes information about the scam, such as the type of scam, the target audience, the location of the scam, and the date of the scam. It may also include information about how to protect yourself from the scam, such as how to identify a phishing email or how to report a scam to the authorities.

Financial Fraud: Charles Thomas Sebesta Pleaded Guilty To One Count Of Wire Fraud And One Count Of Bank Fraud

Ex-Chairman of Christian Science Church in Los Angeles Pleads Guilty to Criminal Charges of Stealing $11 Million from Church

LOS ANGELES – The former chairman of the board for the Fifth Church of Christ, Scientist, of Los Angeles pleaded guilty today to federal criminal charges that he stole more than $11 million in church money via bank accounts for phony companies and tried to cover his tracks by impersonating a real estate developer.

Charles Thomas Sebesta, 55, of Huntington Beach, pleaded guilty to one count of wire fraud affecting a financial institution and one count of bank fraud. He has been in federal custody since his arrest in August 2019.

According to his plea agreement and other court documents, Sebesta was hired in 2001 as the church’s facilities manager and joined the church in 2005, ultimately serving as its local chairman. In this capacity, he had control over the church’s financial assets and operations, including some of its bank accounts.

From at least August 2006 through December 2016, Sebesta caused the church to make checks and other payments to fictitious companies for which he had opened bank accounts that he controlled, as well as to bank accounts he held in his own name and in the names of his family members and a female companion. To further conceal these payments, Sebesta forged a church member’s signature on numerous checks drawn against the church’s bank accounts.

In the fall of 2008, Sebesta oversaw the sale of church property in Hollywood for approximately $12.8 million. He admitted that he siphoned a significant majority of the proceeds for his personal use, including purchasing a home with more than $2 million in cashier’s checks drawn from church bank accounts. The checks were falsely recorded in church records as “donations” and environmental remediation payments to a fictitious “Sky Blue Environmental” company.

In 2009 and 2010, Sebesta wired $1.86 million and $309,622 in church money to be credited to his own personal tax accounts in order to generate overpayment refunds to himself from the U.S. Treasury and the California Franchise Tax Board, respectively.

To conceal his crimes, Sebesta impersonated a real estate developer by creating an email account in the executive’s name. Posing as the developer, Sebesta sent emails to church members in which he fraudulently represented that the real estate developer was making donations to the church, including making rent payments for the church’s new location, and held Sebesta in high esteem.

Sebesta also admitted to defrauding another former employer – a private high school in Los Angeles County – out of $34,032.

He also embezzled $36,282, which had been donated to the church by the estate of a donor.

In total, Sebesta stole at least $11,438,213 of church assets, according to court documents.

United States District Judge Stephen V. Wilson has scheduled a May 18 sentencing hearing, at which time Sebesta will face a statutory maximum penalty of 60 years in federal prison.

The United States Secret Service investigated this matter.

This case is being prosecuted by Assistant United States Attorney Valerie L. Makarewicz of the Major Frauds Section.

Financial Fraud: Bahram Karimi Was Charged With Conspiring To Commit Bank Fraud, Bank Fraud, And Making False Statements

Iranian National Charged with Bank Fraud and Lying to Federal Agents in Connection with a Scheme to Use the U.S. Financial System to Send More Than $115 Million to Iranian Individuals and Entities

The Department of Justice announced that Bahram Karimi was charged with conspiring to commit bank fraud, bank fraud, and making false statements in connection with his involvement in a joint project initiated by the Governments of Iran and Venezuela in which more than $115 million was illegally funneled through the U.S. financial system for the benefit of various Iranian individuals and entities. The case is assigned to U.S. District Judge Alison J. Nathan.

“Karimi allegedly conspired in an infrastructure project initiated by the Governments of Iran and Venezuela,” said Assistant Attorney General for National Security John C. Demers. “He then lied to banks about Iranian involvement and took advantage of the U.S. financial system to benefit Iranian parties. The Department of Justice will continue to prosecute those who misuse our financial system in violation of U.S. sanctions.”

“As alleged, Bahram Karimi knowingly and willfully facilitated the circumventing of sanctions against Iran, and then lied about it to FBI agents,” said U.S. Attorney Geoffrey S. Berman for the Southern District of New York. “Karimi allegedly enabled the concealed transfer through U.S. banks of more than $100 million from a Venezuelan state-owned company to an Iranian construction firm, and when questioned, told the agents he didn’t know that was prohibited by the sanctions.”

“At the end of the day, these charges reflect the use of our financial system to generate U.S. dollars for Iranians and Iranian entities. That’s why our government has robust sanctions in place against Iran and Iranian entities who seek to use the U.S. banking system for their own benefit,” said Assistant Director-in-Charge William F. Sweeney, Jr of the New York Field Office of the Federal Bureau of Investigation (FBI).

As alleged in the Superseding Indictment and statements made in court filings and proceedings:

In August 2004, the Governments of Iran and Venezuela entered into a Cooperation Framework Agreement, whereby they agreed to cooperate in certain areas of common interest. The following year, both governments supplemented the Cooperation Framework Agreement by entering into a Memorandum of Understanding regarding an infrastructure project in Venezuela (the “Project”), which was to involve the construction of thousands of housing units in Venezuela.

The Project was led by Stratus Group, an Iranian conglomerate with international business operations in the construction, banking, and oil industries. In December 2006, Stratus Group incorporated a company in Tehran, which was then known as the Iranian International Housing Corporation (IIHC). IIHC was responsible for construction for the Project. Thereafter, IIHC entered into a contract with a subsidiary of a Venezuelan state-owned energy company (the VE Company), which called for IIHC to build approximately 7,000 housing units in Venezuela in exchange for approximately $475,734,000. Stratus Group created the Venezuela Project Executive Committee to oversee the execution of the Project. Karimi was a member of the committee and was responsible for managing the Project in Venezuela.

In connection with his role on the Project, Karimi worked with others to defraud U.S. banks by concealing the role of Iranian parties in U.S. dollar payments sent through the U.S. banking system. Specifically, between April 2011 and November 2013, the VE Company made approximately 15 payments to IIHC through two front companies, which were created to conceal the Iranian nexus to the payments, in violation of U.S. economic sanctions. These 15 payments totaled approximately $115 million.

In January 2020, Karimi was interviewed by, among other people, two FBI agents. During that interview, Karimi falsely stated that, during the course of the Project, he believed that international sanctions against Iran did not apply to Iranian companies or persons.

Karimi, 53, of Canada, is charged with (1) conspiring to commit bank fraud, which carries a maximum sentence of 30 years in prison; (2) bank fraud, which carries a maximum sentence of 30 years in prison; and (3) making false statements, which carries a maximum sentence of five years in prison. The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.

Mr. Demers and Mr. Berman praised the outstanding investigative efforts of the New York County District Attorney’s Office and the FBI. Mr. Berman also thanked the New York County District Attorney’s Office for their ongoing assistance in this investigation.

The prosecution of this case is being handled by the Office’s Terrorism and International Narcotics Unit. Assistant U.S. Attorneys Jane Kim, Michael Krouse, and Stephanie Lake, and Special Assistant U.S. Attorney Garrett Lynch, Deputy Chief of the Major Economic Crimes Bureau at the New York County District Attorney’s Office, are in charge of the prosecution, with assistance from Trial Attorney Scott Claffee of the National Security Division’s Counterintelligence and Export Control Section.

The charges contained in the Superseding Indictment are merely allegations, and the defendant is presumed innocent unless and until proven guilty.

Financial Fraud: John Gregory Alexander Herrin Convicted Of One Count Of Interstate Transportation Of Stolen Property And Eight Counts Of Money Laundering

Jury Convicts Ex-employee Of Transporting Stolen Property And Money Laundering After $390,000 Disappeared From Armored Truck

HELENA – A jury on Thursday convicted a Helena man who worked for GardaWorld of multiple crimes after he was accused of taking money stolen from an armored truck and spending it gambling and shopping in Las Vegas, day trading and traveling to France, U.S. Attorney Kurt Alme said.

The jury found John Gregory Alexander Herrin, 30, of Helena, guilty of one count of interstate transportation of stolen property and eight counts of money laundering. The jury acquitted Herrin on four counts of money laundering and attempted witness tampering.

Herrin faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release on the interstate transportation of stolen property and money laundering crimes.

The trial began on Monday, with U.S. District Judge Sam Haddon presiding. Judge Haddon set sentencing for May 19 and ordered Herrin detained.

“Those who transport or spend stolen money or money from illegal activities will be caught and convicted in federal court. Greed doesn’t pay. I want to thank Assistant U.S. Attorneys Tim Racicot and Michael Kakuk, the FBI and the Secret Service for their work investigating and prosecuting this case,” U.S. Attorney Alme said.

In evidence presented at trial, the prosecution said that on Nov. 20, 2013, three bags containing $390,000 went missing from a GardaWorld truck. Helena employees initially loaded the money into a truck and drove to Missoula, where they met Missoula employees and transferred some currency bags to another truck for local delivery. While in Missoula, the Helena employees left their truck locked, but unattended, several times while servicing banks and ATMs before continuing to Kalispell. After arriving in Kalispell, employees discovered three bags containing $390,000 were missing.

Herrin worked for Garda from 2012 until 2014. An internal investigation by Garda was unable to definitively implicate anyone in the theft.

Not long after the theft, the prosecution said, Herrin’s financial situation drastically changed.

Herrin went to Las Vegas twice in January 2014 and again in July 2014. While in Las Vegas, Herrin stayed at a high-end casino, gambled and went shopping with a female companion. He made large cash deposits at the casino and bought a watch for $22,600 with cash. On return from his first trip, Herrin deposited a casino cashier’s check for $123,500 and $37,350 cash, for a total of $160,870, into his checking account. Prior to the deposit, Herrin’s account had a $945.65 balance. Herrin told the bank teller he went to Las Vegas with $500 and won $160,000 gambling. While the teller was counting the cash, a Garda courier came into the bank to make a pick up. Herrin walked away from the counter and sat at an online banking station until the courier left. He then returned to the counter to complete his transaction.

On his second trip to Las Vegas, Herrin’s buy in at the casino was $50,100 cash and he lost $50,000. He also used his Visa credit card to buy more than $30,000 in merchandize from luxury retail stores and transferred money from his checking account to pay down the card balance.

After the second Las Vegas trip, Herrin went to his bank with a shoe box full of $20 bills for deposit into his checking account. The day before the deposit, the account balance was $3,550. Herrin told the teller he wasn’t sure how much money was in the box but that he had “another big score” in Vegas. He thought he had about $120,000.

Herrin also told the teller he didn’t have a job but was doing some day trading. During the transaction, another Garda courier entered the bank. Herrin had already turned his back on the courier, seemingly in an effort not to be seen by the Garda employee.

In addition to the Las Vegas trips, Herrin started day trading in 2014. He opened an account with Ameritrade, deposited $111,100 and had significant losses. His losses were inconsistent with statements he made to bank employees that he was making money day trading.

In March 2014, Herrin traveled to France with a female companion and charged the trip to his Visa card. The trip cost more than $20,000.

In the spring of 2014, Herrin moved to Springfield, MO, and used his Visa card to enroll in college and for living expenses.

By the fall, Herrin’s financial situation turned dire. In January 2015, he owed $17,753 on his Visa card, and in February 2015, Ford Motor Credit repossessed his car, which he had purchased about one month before the Garda theft.

In interviews with law enforcement, all of the Garda employees denied knowledge about and involvement in the disappearance of the $390,000. A former employee, who was also a roommate of Herrin’s, indicated that Herrin had showed him a casino check for gambling proceeds purportedly won in January 2014. He also indicated Garda employees left trucks unattended from time to time against company policy and that a broom handle could be used to unlock the trucks. The former employee also told law enforcement he had seen Herrin unlock a truck using a broom handle.

Herrin’s former female companion told law enforcement she responded to his Craigslist ad seeking company for a trip to Las Vegas. Herrin gave her money, took her shopping and bought her a $5,000 Louis Vuitton bag and more than $2,000 in dresses. After the France trip, the pair had a falling out.

Assistant U.S. Attorneys Tim Racicot and Michael Kakuk prosecuted the case, which was investigated by the FBI and Secret Service.

False Claims Act: ResMed Corp Has Agreed To Pay To Resolve Alleged False Claims Act Violations

ResMed Corp. to Pay $37.5 Million for Allegedly Causing False Claims Related to the Sale of Equipment for Sleep Apnea and other Disorders

SAN DIEGO – ResMed Corp., a manufacturer of durable medical equipment (DME) based in San Diego, California, has agreed to pay more than $37.5 million to resolve alleged False Claims Act violations for paying kickbacks to DME suppliers, sleep labs and other health care providers, the Department of Justice announced today.

“Paying any type of illegal remuneration to induce patient referrals undermines the integrity of our nation’s health care system,” said Assistant Attorney General Jody Hunt of the Department of Justice’s Civil Division. “When a patient receives a prescription for a device to treat a health care condition, the patient deserves to know that the device was selected based on quality of care considerations and not on unlawful payments from equipment manufacturers.”

The Anti-Kickback Statute prohibits the knowing and willful payment of any remuneration to induce the referral of services or items that are paid for by a federal healthcare program, such as Medicare, Medicaid or TRICARE. Claims submitted to these programs in violation of the Anti-Kickback Statute give rise to liability under the False Claims Act.

The settlement resolves allegations that ResMed (a) provided DME companies with free telephone call center services and other free patient outreach services that enabled these companies to order resupplies for their patients with sleep apnea, (b) provided sleep labs with free and below-cost positive airway pressure masks and diagnostic machines, as well as free installation of these machines, (c) arranged for, and fully guaranteed the payments due on, interest-free loans that DME supplies acquired from third-party financial institutions for the purchase of ResMed equipment, and (d) provided non-sleep specialist physicians free home sleep testing devices referred to as “ApneaLink.”

“Medical decisions should always be made without outside influence caused by cash payments, free goods, or other types of illegal remuneration, and we will continue to take action to prevent attempts to induce medical decisions through illegal kickbacks,” declared Katherine L. Parker, Civil Chief, United States Attorney’s Office for the Southern District of California. “We applaud the whistleblower for coming forward and notifying the United States.”

“This settlement represents another example of our district’s commitment to prosecuting violations of the False Claims Act and the Anti-Kickback Statute,” said Lance Crick, Acting U. S. Attorney for the District of South Carolina. “Medical decisions should be based on what is in the best interest of the patient and not based on financial incentives and related schemes.”

“Illegal kickbacks in the federal healthcare system create an unfair marketplace and the potential that medical decisions are not based on what is best for patients,” said U.S. Attorney Peter E. Deegan, Jr., for the Northern District of Iowa. “This settlement is another sign of our office’s dedication to fair and full enforcement of the False Claims Act.”

“When companies give free equipment to doctors for the sole purpose of generating business and increasing their bottom lines, federal health insurance programs should not foot the bills. This case rights that alleged wrong by ResMed,” stated United States Attorney for the Eastern District of New York Richard P. Donoghue. “We will continue to work with our law enforcement partners to hold accountable companies that put profits before patients.”

Contemporaneous with the civil settlement, ResMed entered into a Corporate Integrity Agreement (CIA) with the Department of Health and Human Services Office of Inspector General. The CIA requires, among other things, that ResMed implement additional controls around its product pricing and sales and that ResMed conduct internal and external monitoring of its arrangements with referral sources.

The agreement resolves five lawsuits originally brought by whistleblowers under the qui tam, or whistleblower, provisions of the False Claims. The False Claims Act permits private citizens with knowledge of fraud against the government to bring a lawsuit on behalf of the United States and to share in the recovery. The whistleblowers will collectively receive a roughly $6.2 million share of the settlement.

“The government contended ResMed provided free goods and services to companies in order to sell more medical equipment bought by taxpayers,” said Derrick L. Jackson, Special Agent in Charge for the Office of Inspector General of the U.S. Department of Health and Human Services. “The OIG’s integrity agreement with ResMed is designed to ensure such alleged behavior will not be repeated.”

“I applaud the Department of Justice and the U.S. Attorneys’ for their continued efforts to hold health care providers accountable to the American taxpayer,” said Army Lt. Gen. Ron Place, director of the Defense Health Agency. “The efforts of the Department of Justice safeguard the health care benefit for our service members, veterans and their families. The Defense Health Agency continues to work closely with the Justice Department, and other state and federal agencies to investigate all those who participated in fraudulent practices.”

This settlement was the result of a coordinated effort by the Civil Division of the United States Department of Justice; the U.S. Attorney’s Offices for the District of South Carolina, the Southern District of California, the Northern District of Iowa, and the Eastern District of New York; the Department of Health and Human Services, Office of Counsel to the Inspector General and Office of Investigations; the Defense Criminal Investigative Service; the Defense Health Agency Office of General Counsel; the Federal Bureau of Investigation; and the National Association of Medicaid Fraud Control Units.

The lawsuits resolved by this settlement are captioned United States, et al., ex rel. Ameer v. ResMed, Inc., et al., Case No. 2:15-CV-04842-MBS (D.S.C.); United States, et al., ex rel. Baker v. ResMed, Inc., et al., Case No. 3:16-CV-00987-MBS (D.S.C.); United States, et al., ex rel. Ross v. ResMed, Inc., Case No. 16-CV-1988-W (JLB) (S.D. Cal.); United States ex rel. Meyer v. ResMed, Inc., et al., Case No. 17-CV-12-MWB (N.D. Iowa); and United States, et al., ex rel. Ottavio, et al. v. ResMed, Inc., Case No. CV 17-5734 (E.D.N.Y.).

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

Health Care Fraud: Joe David May Charged In Kickbacks Generate Expensive Compounded Drug Prescriptions

Doctor and Sales Rep Charged in $12 Million Fraud Scheme Targeting Tricare and Extensive Cover Up

Kickbacks Generate Expensive Compounded Drug Prescriptions

LITTLE ROCK—A doctor and a medical sales representative have been charged in a scheme to pay and receive kickbacks to generate expensive prescriptions for compounded drugs. TRICARE, the military’s health insurer, paid over $12 million for the prescriptions, which the indictment alleges were rubber stamped without examining patients or regard to medical necessity. The 43-count indictment alleges the scheme also encompassed widespread efforts to obstruct the ensuing investigation.

Cody Hiland, U.S. Attorney for the Eastern District of Arkansas, Diane Upchurch, Special Agent in Charge of the FBI Little Rock Field Office, and Latisha Cleveland, Acting Special Agent in Charge of the Dallas Regional Office of the U.S. Department of Health and Human Services, Office of the Inspector General, announced the indictment, which was handed down yesterday by a federal grand jury and included charges for conspiracy, wire fraud, mail fraud, Anti-Kickback violations, aggravated identity theft, money laundering, lying to the FBI, falsifying records, and obstruction of justice.

The indictment alleges that recruiters sought TRICARE beneficiaries to receive the drugs, promising to secure their prescriptions (without any doctor consult) and, at times, offering them money to sign up. Upon receipt of TRICARE beneficiary information from recruiters, the ringleader of the scheme sent pre-filled prescriptions—with drugs to be dispensed, refills authorized, and patient names already listed—to medical professionals who signed without consulting patients or any regard to medical necessity. Prescriptions went to a Mississippi pharmacy, which shipped drugs nationwide and billed TRICARE for reimbursement.

According to the indictment, local doctor Joe David May, also known as Jay May, of Alexander, rubber stamped pre-filled prescriptions for over 100 beneficiaries for which TRICARE paid $4.5 million. May received pre-filled prescriptions from Derek Clifton, also of Alexander. The indictment alleges the ringleader paid Clifton to get May to sign the prescriptions despite knowing Clifton shared his payout with May. Clifton also had May sign pre-filled prescriptions for beneficiaries solicited by Clifton himself and his own recruiters. Clifton received over $740,000 tied to May’s prescriptions, which he used to buy a car, fund his retirement account, and purchase a home.

The indictment alleges Clifton, who previously coached high school basketball, began by recruiting three former players who joined the military. Each agreed to receive drugs after being offered money, and one later received $1,200 cash hidden inside a Stetson cowboy hat. Together they received nearly $500,000 in drugs prescribed by May.

According to the indictment, May used a cell phone app to electronically sign batch after batch of pre-filled prescriptions, including signing 8 pre-filled prescriptions within just 3 minutes of receipt, 10 within 5 minutes, and 13 within 13 minutes. In the final days before TRICARE reimbursements were expected to plummet, May rubber stamped more than 50 pre-filled prescriptions for which TRICARE paid $1.2 million. Many of those beneficiaries were recruited during a meeting at a North Little Rock National Guard facility where attendees were each offered $1,000 for receiving drugs.

The indictment alleges the only TRICARE beneficiary May actually treated before prescribing drugs was a 91-year-old widow suffering from dementia whom May noted neither “report[ed] any pain” nor appeared to be in pain. Nevertheless, he prescribed her $40,000 in pain cream off the books, failing to log the drugs in her official hospital chart.

According to the indictment May received cash kickbacks for signing, which participants openly discussed. When the ringleader joked about being hounded for payouts by texting Clifton “Hashtag for the day… [Ringleader], is my check ready? # Lol” Clifton replied “Haha! Meeeee toooo Jay already called asking this morning too…even the rich man.” Later, Clifton lamented falling TRICARE reimbursement rates by texting the ringleader “$210 minus half for tax$105 [sic] then dr’s cut then patients cut….. Yikes[.]” According to the indictment May deposited over $15,000 in cash in 2015 (compared to under $500 in 2014), including $10,000 during the same three-month period at the height of the scheme during which time Clifton withdrew over $15,000 in cash.

According the indictment, following a CBS News exposé and complaints of doctors signing prescriptions “on the down low” without seeing patients, recruiters were instructed to relay prescriber names to beneficiaries so beneficiaries could behave as if they “knew and saw there [sic] doctor” if they came into contact with the pharmacy.

The indictment alleges the ruse continued once federal agents began to investigate, with May and another prescriber both falsely claiming to have consulted patients before signing prescriptions and both producing phony medical records to make it appear patients had been consulted. Records produced by May related to beneficiaries never examined and cited made-up injuries and surgeries patients never experienced. Similarly, Clifton altered records produced to the Grand Jury to conceal the names of TRICARE beneficiaries who received drugs and withheld hundreds of prescriptions, emails, and other records from the Grand Jury that the FBI would later discover when searching his email account.

“Our healthcare system relies upon the integrity of those who practice in the field. It is our mission to root out those who would prey upon such vulnerability and prosecute them to the fullest extent of the law,” said U.S. Attorney Cody Hiland. “The assembly line alleged in this case of fraudulent prescriptions fueled by kickbacks was especially concerning because it attacked TRICARE, our military’s health insurer. Equally troubling are the allegations of a widespread campaign to throw investigators off the trail by lying to the authorities, falsifying medical records, tampering with evidence, and attempting to hide material from the Grand Jury. While such tactics may prolong an investigation, today’s indictment shows that they ultimately succeed only in bringing ever more serious charges upon the accused.”

“Unscrupulous medical professionals and fraudsters allegedly stole millions of dollars from the TRICARE program which serves our veterans, military members and their families,” said FBI Special Agent in Charge Diane Upchurch. “In an effort to further pervert the course of justice, the defendants allegedly lied, obstructed justice, and falsified records in order to conceal their crimes. The deliberate targeting of a healthcare program which solely aids our military troops and their families is appalling, and the additional alleged attempts to cover up their criminal actions show the true nature of those indicted today. Alongside our partners at HHS-OIG, we will continue to aggressively investigate fraud within the healthcare industry and we urge anyone with information about suspected healthcare fraud to contact their local FBI Field Office.”

“Fraudulently submitting claims to any federally funded health care benefit program equates to robbing all American taxpayers” said HHS-OIG Acting Special Agent in Charge Latisha Cleveland. “Working closely with our law enforcement partners, our agents are determined to protect our nation’s health care systems. We are committed to ensuring that fraudsters pay for their crimes, especially those that target our military service members and veterans.”

A vigilant public is indispensable to rooting out fraud, waste, and abuse within the healthcare industry. Please email usaare.TRICAREtips@usdoj.gov if you or someone you know may have information about the compounded drug scheme targeting TRICARE. Please call 1-800-HHS-TIPS (1-800-447-8477) or the FBI with any other tips on suspected fraud, waste, or abuse within the healthcare industry.

This case is being investigated by the FBI and HHS-OIG, and prosecuted by Assistant United States Attorneys Alexander D. Morgan and Stephanie G. Mazzanti.

An indictment contains only allegations. A defendant is presumed innocent unless and until proven guilty.

CHARGES AND STATUTORY SENTENCES

Conspiracy is punishable by up to five years’ imprisonment. Wire fraud and mail fraud are punishable by up to twenty years’ imprisonment. Violating the Anti-Kickback statute is punishable by up to ten years’ imprisonment. Aggravated identity theft carries a mandatory two-year prison term, consecutive to any other sentence imposed. Money laundering is punishable by up to ten years’ imprisonment. Lying to the FBI is punishable by up to five years’ imprisonment. Falsification or alteration of records in a federal investigation is punishable by up to twenty years’ imprisonment. Obstruction of justice in violation of 18 U.S.C. § 1503(a) is punishable by up to ten years’ imprisonment. Obstruction of justice in violation of 18 U.S.C. § 1512 (c)(2) is punishable by up to twenty years’ imprisonment.

Each of the proceeding offenses carries a potential fine of up to $250,000 and up to three years’ supervised release.

Health Care Fraud: Thomas Edward Spell Was Sentenced For His involvement In a Million Compounding Pharmacy Fraud Scheme

Pharmacy Owner Sentenced to 10 Years in Prison for Role in Largest Health Care Fraud Case Ever in Mississippi

Nationwide Compound Pharmacy Fraud Scheme Involved Almost a Quarter of a Billion Dollars

Hattiesburg, Miss. – Thomas Edward Spell, Jr., 51, a pharmacy owner in Ridgeland, Mississippi, was sentenced today to 10 years in federal prison for his involvement in a $243 million compounding pharmacy fraud scheme, announced U.S. Attorney Mike Hurst, Michelle A. Sutphin, Special Agent in Charge of the FBI in Mississippi, Thomas J. Holloman III, Special Agent in Charge of Internal Revenue Service Criminal Investigation’s (IRS CI) Atlanta Field Office, and Cynthia Bruce, Special Agent in Charge of the Defense Criminal Investigative Service’s (DCIS) Southeast Field Office.

“This defendant ripped off every single military service member, veteran and American taxpayer when he defrauded TRICARE. The special agents, DOJ trial attorneys, our AUSAs and other law enforcement partners who investigated and prosecuted this case are to be commended for their diligence and fortitude in bringing this criminal to justice. We will continue to be vigilant in detecting, arresting and prosecuting those who defraud government services that benefit our military and our veterans,” said U.S. Attorney Hurst.

“Fraud against government funded health care systems like TRICARE not only costs taxpayers billions each year, but deprives funding for critical medical care and benefits for our current and former military members who bravely serve our country,” said FBI Special Agent in Charge Sutphin. “Schemes like these are a plague on the nation’s health care systems. Individuals and organizations that participate in this type of fraud will continue to be high priority investigations for the FBI.”

“Thomas Spell systematically defrauded the government and the taxpaying public,” said IRS CI Special Agent in Charge Thomas J. Holloman III. “His desire for money, along with the power and material items it buys, drove him to perpetrate crimes against our healthcare system and prey upon many of the vulnerable in our society. Thanks to the financial expertise and diligence of IRS-CI special agents, who worked side-by-side with other federal and state law enforcement officers to uncover these schemes, Spell will now face the consequences of his actions.”

“It saddens me that the desire for personal enrichment can lead individuals to commit egregious acts against DoD which jeopardize our ability to care for our military service members and their families,” stated DCIS Special Agent in Charge Cynthia A. Bruce. “Today’s sentencing represents the relentless commitment by DCIS, our investigative partners and the U.S. Attorney’s Office to fully investigate and bring to justice individuals who put our warfighters and healthcare system at risk.”

Spell’s case is part of the largest health care fraud scheme ever investigated and prosecuted in the State of Mississippi. The investigation is ongoing and prosecutions are continuing nationwide, including in states such as California, Tennessee, Arkansas, and Connecticut. Spell was sentenced today by Senior U.S. District Judge Keith Starrett, who also ordered Spell to pay $243,550,503.00 in restitution. Spell previously pled guilty to a Criminal Information outlining his role in the scheme to defraud TRICARE, the health care benefit program serving our nation’s military, veterans, and their respective family members.

From approximately December 2014 and January 2016, Spell owned and operated a pharmacy in Madison County, Mississippi, and several other pharmacies across the United States. During this time, Spell and other co-conspirators marketed compounded medications at his pharmacies. Rather than formulating compounded medications based on the individualized needs of patients, formulas were selected to maximize profit based upon reimbursements from TRICARE and other health care benefit programs. The result was that TRICARE reimbursed Spell’s pharmacies on these fraudulent claims totaling over $243 million.

In order to further their scheme, Spell and his co-conspirators waived TRICARE’s requirement that a beneficiary make a copayment to receive medicine. Instead, Spell and his co-conspirators had their employees purchase prepaid debit cards and money orders to use towards a copayment for a beneficiary, with Spell and his co-conspirators reimbursing their employees. Additionally, Spell and his co-conspirators paid kickbacks and bribes to marketers in order to obtain prescriptions for compounded medications from prescribers for beneficiaries who were covered by the most lucrative health care benefit programs, including TRICARE, irrespective of whether the compounded medications were medically necessary for the treatment of beneficiaries.

As a result of this fraudulent activity, Spell personally obtained over $29 million in proceeds from the illegal scheme. Spell used these proceeds to fund bank accounts and investment accounts in his name, in the name of family members, and in the name of various business entities. Spell also used these proceeds to lend money and to purchase vehicles, boats, and property.

Prior to Spell being charged by a Criminal Information, the United States seized approximately $26 million from Spell and the court ordered all assets and proceeds traceable to the fraud scheme forfeited by Spell.

This case has been designated as a related prosecution to cases charged in the Southern District of Mississippi. To date, a total of 20 people have been charged and 14 convicted in the compounding pharmacy scheme in the Southern District of Mississippi. The investigation is ongoing.

The case is being prosecuted by AUSA Mary Helen Wall and U.S. Department of Justice trial attorneys Sara Porter and Jared Hasten.

Financial Fraud: Michael Watts Convicted For Illegal Stock Promotion And Manipulation Scheme

Corporate Insider Convicted of Conspiring with Others at Long Island Boiler Room to Pump and Dump Stock on Unsuspecting Elderly Investors

Illegal Stock Promotion and Manipulation Scheme Cost Victims Million of Dollars

A federal jury in Central Islip returned a guilty verdict on all counts this afternoon against Michael Watts, a former registered broker, for his role in a conspiracy to promote and manipulate the price of shares in Hydrocarb Energy Corp. (Hydrocarb) and other companies. Specifically, Watts was convicted of conspiracy to commit securities fraud, securities fraud, conspiracy to commit wire fraud, money laundering conspiracy and money laundering. The verdict followed a three-week trial before United States District Judge Joanna Seybert. When sentenced, Watts faces a maximum sentence of more than 20 years’ imprisonment.

Richard P. Donoghue, United States Attorney for the Eastern District of New York, announced the verdict.

“With today’s verdict, the jury has delivered a measure of closure to the victims, many of them elderly and vulnerable, who were preyed upon by Watts and his co-conspirators,” stated United States Attorney Donoghue. “The defendant will face another reckoning when he is sentenced for his crimes.”

As proven at trial, from 2014 to 2016, Watts and his co-conspirators at a Melville-based boiler room artificially inflated the price and trading volume of Hydrocarb stock. They did so through an illegal cold-calling campaign that used lies and high-pressure sales tactics to lure victim investors, including many elderly victims, into purchasing stock. Watts, who was one of the largest shareholders in Hydrocarb and knew that the business was failing, also used the boiler room to dump more than $2 million worth of Hydrocarb shares that he owned or controlled on unsuspecting investors in the months leading to the company’s April 2016 bankruptcy. The government has alleged that the conspiracy’s market manipulation fraudulently inflated the stock price of Hydrocarb and four other companies by more than $147 million.

Watts is the 13th defendant convicted in this case. Three others are scheduled for trial in January 2020. Four defendants have been sentenced for their roles in the scheme: Ronald Hardy was sentenced to 10 years’ imprisonment; Dennis Verderosa was sentenced to six years’ imprisonment; McArthur Jean was sentenced to four years’ imprisonment; and Emin Cohen was sentenced to two years’ imprisonment.

United States Attorney Donoghue thanked the Federal Bureau of Investigation, New York Field Office, for its hard work and dedication in leading the investigation, and expressed his appreciation to the Securities and Exchange Commission and the Financial Industry Regulatory Authority, Inc., Criminal Prosecution Assistance Group for their cooperation and assistance.

The government’s case is being handled by the Office’s Business and Securities Fraud Section. Assistant United States Attorneys Whitman G.S. Knapp and Kaitlin T. Farrell are in charge of the prosecution.

The Defendant:

MICHAEL WATTS
Age: 63
Sugarland, Texas

Andrew Cuomo Signed a Measure That Charges Against People Who Have Received a Presidential Pardon

Cuomo Signs Law Aimed At Weakening Trump’s Pardon Power, Closes ‘Double Jeopardy’ Loophole

New York Gov. Andrew Cuomo signed a measure Wednesday that would allow the state to pursue charges against people who have received a presidential pardon — a law seen as a direct shot at President Donald Trump.

Multiple ex-Trump aides or associates are imprisoned or facing legal scrutiny in New York.

The president, whose business and campaign are both headquartered in New York, also is facing numerous federal, state and congressional investigations related to his administration, campaign and business dealings.

The newly signed law creates a narrow exception in the state’s double jeopardy law, which prohibits the prosecution of a person who’s been tried for the same crime by the federal government. The change takes effect immediately.

“No one is above the law and New York will not turn a blind eye to criminality, no matter who seeks to protect them,” Cuomo said in a statement. “The closure of this egregious loophole gives prosecutors the ability to stand up against any abuse of power, and helps ensure that no politically motivated, self-serving action is sanctioned under law.”

The New York measure was introduced by state Attorney General Letitia James, who began investigating the finances of the president and the Trump Organization earlier this year. That probe came after Cohen told Congress that Trump had inflated the worth of his assets in financial statements to secure bank loans.

James has said the law was necessary because double jeopardy “exists to prevent someone from being charged twice for the same crime, not to allow them to evade justice altogether.”

“We have a responsibility to ensure that individuals who commit crimes under New York state law are held accountable for those crimes,” James said in a statement Tuesday.

“This critical new law closes a gaping loophole that could have allowed any president to abuse the presidential pardon power by unfairly granting a pardon to a family member or close associate and possibly allow that individual to evade justice altogether. No one is above the law, and this commonsense measure will provide a reasonable and necessary check on presidential power today and for all presidents to come.”

Trump has dismissed her efforts as “presidential harassment.” The White House did not immediately respond to a request for comment from NBC News.

“With the President all but pledging to corruptly abuse his pardon power to allow friends and associates off the hook, it is crucial that we have closed the Double Jeopardy loophole and preserved the rule of law in New York,” Democratic state Sen. Todd Kaminsky, who sponsored the legislation, said in a statement.

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The New York Assembly and Senate passed the bill to end the so-called “double jeopardy loophole” in May.

Democratic state Assemblyman Joseph Lentol, another sponsor, said the legislation “takes the incentive out of any scheme to thwart prosecution.”

Trump lawyers argue Trump can’t be investigated or prosecuted

The new exception allows state prosecutors to pursue investigations into any pardoned individual who served in a president’s administration, worked directly or indirectly to advance a presidential campaign or transition, or worked at a nonprofit or business controlled by a president, and whose alleged criminal activity took place in New York. The law also allows for investigations to be opened or continued into anyone who was pardoned for the president’s benefit.

The measure was proposed after reports that Trump was weighing a pardon for his former campaign manager, Paul Manafort, who’s serving a 7½-year prison term on federal bank fraud, tax evasion and conspiracy charges stemming from former special counsel Robert Mueller’s investigation into Russian interference in the 2016 presidential election.

In addition to the federal conviction, Manafort was indicted on state mortgage fraud charges in March by the Manhattan district attorney’s office. That office has also launched a criminal investigation into the Trump Organization over two hush money payments during the 2016 campaign to women who claim they had affairs with Trump.

Mueller’s 400-plus page report scrutinized Trump’s comments on possibly pardoning Manafort, as well as ex-longtime attorney Michael Cohen, who was involved in the hush payments, and former national security adviser Michael Flynn.

While presidents can pardon federal crimes, they cannot pardon state offenses.

Read More

Investment Fraud: Hector Absi Pleads Guilty To Conspiracy To Commit Mail, Wire, And Securities Fraud

Former Chief Operating Officer of Davis Bio-Pesticide Company Pleads Guilty to Conspiracy to Commit Mail, Wire, and Securities Fraud

SACRAMENTO, Calif. — Hector Absi, 51, of Las Vegas, Nevada, pleaded guilty today to one count of conspiracy to commit mail fraud, wire fraud, and securities fraud, U.S. Attorney McGregor W. Scott announced.

According to court documents, Absi is the former head of the sales department of Marrone Bio Innovations Inc. (MBI), a company headquartered in Davis, California that produces “bio-based” pesticides. Absi also served as MBI’s Chief Operating Officer from January 2014 until his resignation in August 2014. MBI is a publicly traded company; its stock trades on the NASDAQ exchange under the ticker symbol “MBII.” As a publicly traded company, it is required to file quarterly and annual reports with the Securities and Exchange Commission (SEC). In its reports, MBI stated that it recorded revenue in accordance with generally accepted accounting principles (GAAP).

According to Absi’s plea agreement, in order to increase sales, Absi sold MBI products to customers with side agreements that offered “inventory protection” under which MBI agreed to either repurchase the product from the customer or continue the date by which the customer would need to make full payment for the product. Under GAAP, revenue from sales that include such agreements cannot be recognized on the company’s books at the time of the sales. Between March 2013 and July 2014, Absi conspired with at least one other MBI employee to misrepresent to MBI’s accounting department, its external auditors, and the investing public that MBI had made sales under such terms. By concealing the practice, Absi caused MBI to report a doubling of its revenue in 2013 in comparison to 2012. Absi also conspired to backdate the delivery of certain shipments of MBI’s products to enhance MBI’s reported revenues for the quarter. Absi received a performance-based bonus and exercised stock options during a time when MBI’s inflated revenue figures were being reported.

The Securities and Exchange Commission has also filed a civil complaint against Absi in the U.S. District Court for the Eastern District of California, alleging that Absi violated the Securities Act of 1933, and the Securities Exchange Act of 1934, and federal rules issued under the Exchange Act, and seeking an injunction against Absi, disgorgement of wrongfully obtained benefits, and civil penalties.

This case is the product of an investigation by the Federal Bureau of Investigation. Assistant U.S. Attorney Lee S. Bickley is prosecuting the case.

U.S. District Judge Morrison C. England Jr. is scheduled to sentence Absi on Feb. 20, 2020. Absi faces a maximum statutory penalty of 25 years in prison and a $250,000 fine or twice the gross loss or gain. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.

Financial Fraud: Michael Cary Lawing Sentenced For One-Count Felony Information Charging Him With Conspiracy To Commit Wire Fraud

Another Tech Support Fraudster Sentenced To Prison

An American citizen who spent over a year running the day-to-day operations of a fraudulent tech support call center in Costa Rica is heading to prison. Michael Cary Lawing, 34, of Lincolnton, North Carolina, has been sentenced to serve 18 months behind bars for his role as the CEO of ABC Repair Tech (ABC) from 2015 to 2016. Lawing pleaded guilty in October 2018 to a one-count felony information charging him with conspiracy to commit wire fraud.

According to court documents, Lawing’s company was affiliated with another fraudulent tech support business in South Florida known as First Choice Tech Support, which later changed its name to Client Care Experts (CCE). Both ABC and CCE purchased pop-up advertisements that would appear suddenly on a person’s computer screen. The pop-ups were made to look like system warnings and falsely informed the victims that serious problems, such as viruses or malware, had been detected on their computers. Often, the pop-ups caused the person’s internet browser to freeze up and stop responding. The pop-ups also typically warned the victims not to shut down their computers or else they would lose all their data. Instead, the ads directed them to call a toll-free number, where they were connected to sales representatives who continued the fraud.

The sales representatives at ABC and CCE would convince the victims to grant them remote access to their computers, where normal computer functions and routine processes were highlighted as evidence of serious computer problems. Victims were never told that the pop-ups that had hijacked their computers were just advertisements purchased by the tech support company, or that in most instances they could make the pop-ups go away simply by rebooting their computers. Instead, they were sold remote “tune-ups” for $250 and anti-virus protection software for another $400. If victims balked at the steep prices, the sales representatives would offer them a discount for being a senior citizen or a military veteran or something else.

From 2013-2016, the two companies – CCE and ABC – combined to defraud more than 40,000 people.

Victims were located in all 50 States, the District of Columbia, Puerto Rico, several U.S. territories, all 10 Canadian provinces, the United Kingdom, and several other foreign countries. At least 57 victims of the scams were residents of the Southern District of Illinois, representing 22 of the district’s 38 counties, including St. Clair and Madison. All told, the two companies took in over $25 million.

In handing down the 18-month sentence, Chief United States District Judge Nancy J. Rosenstengel explained that the need to deter other would-be scammers was a “big factor” in her decision. “The general public needs to see that this kind of crime is taken seriously,” she said.

As part of his sentence, Lawing was ordered to pay back over $266,000 in restitution to ABC victims – a figure that represents ten percent of the roughly $2.6 million in actual losses incurred by
over 10,000 victims during Lawing’s tenure as the company’s top executive. Evidence presented in court showed that Lawing himself made only about $90,000 from the scam. The bulk of ABC’s fraudulent earnings were reportedly reinvested in the company.

Lawing’s sentence comes just one week after CCE’s Vice President, Grand Clark Wasik, 36, of Oakland Park, Florida, was sentenced to 125 months in prison and ordered to pay over $10 million in restitution. Wasik pled guilty to count one of a 14-count superseding indictment earlier this year.

Two former owners of CCE, Michael Austin Seward, 32, of Deerfield Beach, Florida, and Kevin James McCormick, 46, of Delray Beach, Florida, also pled guilty to their role in the conspiracy and are
due to be sentenced on November 18. The Honorable Joe Billy McDade from the Central District of Illinois, who presided over Wasik’s case, will also conduct the sentencings of Seward and McCormick.

Since April 2017, 14 other employees of CCE and ABC have also pleaded guilty to federal fraud violations in the Southern District of Illinois:

•      Joseph Ralph Aievoli, IV, 26, of Boynton Beach, FL – Salesperson at CCE
•      Cory Steven Bachman, 26, of Boynton Beach, FL – Salesperson at CCE
•      Andrew Douglas Broad, 27, of Boynton Beach, FL – Director of Training at CCE
•      Ryan Stocker Carr, 24, of Mount Laurel, NJ – Team Leader at CCE
•      Joshua Dennis Cortez, 38, of Lake Worth, FL – Director of Training at CCE
•      Erica Marie Crowell, 30, of Maple Shade, NJ – Salesperson at CCE
•      Nicholas James Davidson, 27, of Boynton Beach, FL – Salesperson at CCE
•      Patrick M. Dougherty, 36, of Boynton Beach, FL – Salesperson at CCE
•      Tatum Elyse Espenshade, 27, of West Palm Beach, FL – Salesperson at CCE
•      Eric M. Iannaccone, 33, of Monroe Township, NJ – Sales Manager at CCE
•      Anthony Vincent Ludena, 30, of Boca Raton, FL – Salesperson at CCE
•      Robert Thomas McCart, 33, of Boynton Beach, FL – Team Leader at CCE
•      Timothy James Miller, II, 28, of Schwenksville, PA – Salesperson at CCE
•      Jonathan Matthew Richardson, 28, of Lake Worth, FL – Salesperson at CCE
•      Kyle Evan Swinson, 27, of Boynton Beach, FL – Team Leader at ABC/CCE


Eleven of these additional defendants have been sentenced already:

DateDefendantPrison SentenceRestitution
Mar. 8, 2018Ryan Carr12 months + 1 day$20,384.36
May 7, 2018Joshua Cortez18 months$3,034.00
June 8, 2018Patrick Dougherty12 months + 1 day$240,966.94
June 14, 2018Anthony Ludena12 months + 1 day$176,692.26
June 29, 2018Nicholas Davidson5 years probation$181,808.40
July 26, 2018Timothy Miller5 years probation + 200 hours
community service
$127,042.06
Aug. 3, 2018Tatum Espenshade1 day + 18 months home detention$132,683.68
Sept. 11, 2018Andrew Broad12 months + 1 day$55,238.28
Sept. 20, 2018Jonathan Richardson12 months + 1 day$78,638.99
Oct. 4, 2018Cory Bachman1 day$156,806.25
Oct. 10, 2019Joseph Aievoli1 day$106,355.82


Because the crimes allegedly took place in connection with telemarketing and victimized 10 or more persons over the age of 55, the maximum punishment in each case is 30 years imprisonment. The defendants could also be ordered to serve up to five years of supervised release and pay a fine of up to $250,000. Under federal law, restitution to identified victims is mandatory.

These cases are part of an ongoing investigation by the St. Louis Field Office of the Chicago Division of the United States Postal Inspection Service and are being prosecuted by Assistant United States Attorneys Nathan D. Stump, Scott A. Verseman, and Ranley R. Killian.

The Florida Attorney General’s Office raided CCE in June 2016 and has been cooperating with the federal investigation, in addition to bringing its own civil enforcement action against CCE under Florida state law.

The Federal Trade Commission has been working for some time to shut down illegal tech support scams. For more information about the FTC’s “2019 Tech Support Takedown,” please visit https://www.consumer.ftc.gov/…2019.

Some consumers who were victimized by ABC or CCE / First Choice Tech Support have received additional fraudulent calls. These calls typically come from companies claiming   either (a) that the technical support the victims purchased has been transferred to them and additional funds are now needed; or (b) that they can help the victims obtain a refund. Victims should be advised that no companies have been authorized to provide them with any tech support services on behalf of ABC or CCE / First Choice Tech Support, or to provide them with a refund for any previous purchases.

Financial Fraud:Walter Konigseder Arrested On Investment Fraud Charges

Former Informix Executive Hauled Into Court On 19-Year-Old Indictment Regarding Alleged Investment Fraud Scheme

Walter Konigseder arrested on investment fraud charges

SAN FRANCISCO – This morning, former Informix executive Walter Konigseder appeared in federal court to face investment fraud charges laid out in an 11-count indictment filed in October of 2000, announced United States Attorney David L. Anderson and Federal Bureau of Investigation Special Agent in Charge John F. Bennett.

A federal grand jury indicted Konigseder, 67, a German national, on October 5, 2000. According to the indictment, in the early 1990s, Konigseder was the Sales Director and Country Manager for Germany of Menlo Park-based Informix, a multinational, publicly held computer software developer, support, training, and consulting company. From 1992 through 1996, Konigseder had authority over Informix’s sales force, finance, and legal staff within all of Central and Eastern Europe. The indictment alleges that Konigseder caused Informix to record false and illusory sales, to make false statement to Informix’s auditors and management, and to book license revenue in advance, rather than over the period of maintenance contracts.

The indictment describes how Konigseder engaged in numerous acts of alleged wrongdoing in connection with Informix’s restatement in 1997 of its 1996 earnings. The indictment alleges that Konigseder’s fraud contributed to the need for Informix to restate its 1996 earnings. Between April and September of 1997, Informix therefore restated its previous year’s growth. The result was a 60% drop in its stock value—a change to the company’s value from approximately $2.5 billion to as low as $975 million. For example, the indictment describes six illusionary sales between June of 1996 and January of 1997 in which Konigseder, contrary to Generally Accepted Accounting Principles, directed Informix to recognize more than $25 million in revenue on contracts that contained contingencies. Further, the indictment describes how Konigseder allegedly concealed material facts from Informix’s auditors. In July of 1997, for example, Konigseder allegedly reported to Informix’s auditors that a client did not make a multi-million dollar payment because the client was hoping to expand on the existing contract with Informix. In truth, Konigseder was aware that the client had exercised a side agreement canceling the contract with Informix altogether. The indictment also alleges Konigseder caused Informix to make false statements to the Securities and Exchange Commission overstating the company’s earnings in the second, third, and fourth quarters of 1996.

In sum, Konigseder was charged with three counts of wire fraud, in violation of 18 U.S.C. §§ 1343 and 2; four counts of accounting fraud, in violation of 15 U.S.C. §§ 78m(b) and 78ff(a), 17 C.F.R. 240.13b2-1, and 18 U.S.C. § 2; and three counts of false statements to accountants, in violation of 15 U.S.C. §§ 78m(b)(2) and 78ff(a), 17 C.F.R. 240.13b2-2, and 18 U.S.C. § 2.

A bench warrant was issued for Konigseder’s arrest on October 5, 2000. At that time he was residing in Germany and remained there for almost 19 years after being indicted. Konigseder was arrested by Mauritius authorities in August while on a trip to that country. He was handed over to United States authorities on October 9 and arrived in the United States on Friday, October 11. He made his initial federal court appearance at 10:30 this morning before U.S. Magistrate Judge Jacqueline Scott Corley.

An indictment merely alleges that crimes have been committed and all defendants are presumed innocent until proven guilty beyond a reasonable doubt. If convicted, the defendant faces a maximum sentence of 5 years’ imprisonment and a $250,000 fine for each count of wire fraud, 10 years’ imprisonment and up to $1 million for each count of falsification of accounting records and false statements to accountants. In addition, the court may order additional periods of supervised release, fines, and restitution, if appropriate. However, any sentence following conviction would be imposed by the court only after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.

Assistant U.S. Attorney William Frentzen is prosecuting the case. The prosecution is the result of an investigation by the Federal Bureau of Investigation with assistance from the Department of Justice Office of International Affairs, Mauritius, and the United States Marshal Service.

Financial Fraud: Hardev Panesar Sentenced For His Leadership Role In An Immigration Fraud Scheme

San Diego Man Who Posed as a Federal Agent to Defraud Immigrants out of $2.5 Million Sentenced to 91 Months

Assistant U.S. Attorney Andrew Young (619) 546-7981 and Assistant U.S. Attorney Meghan Heesch (619) 546-9442

SAN DIEGO – Hardev Panesar of San Diego was sentenced today in federal court by U.S. District Judge Gonzalo P. Curiel to 91 months in custody for his leadership role in an immigration fraud scheme.

According to his plea agreement, Panesar conspired with others, including Rafael Hastie and Gurdev Singh, to induce unauthorized immigrants to pay money based on false and fraudulent claims that the defendants could secure immigration status for the victims and their families. Panesar misled the victims into believing that he could obtain immigration documents or legal immigration status by pretending to be an agent with the Department of Homeland Security. Panesar wore a DHS jacket and showed purported official credentials to his victims.

The plea agreement outlined several dates in 2016 where Panesar successfully obtained thousands of dollars by pretending to be a DHS official. The money paid by the victims totaled over $2.5 million, which was converted to the personal use and benefit of Panesar and his co-defendants. According to statements made at sentencing, Panesar also lost a significant portion of the money he stole from victims as a victim himself in a Nigerian “advanced fee scheme.” At a prior sentencing hearing, one of the victims testified in court that his family gave Panesar and Gurdev Singh approximately $250,000 with the hopes of receiving green cards—a devastating financial loss that contributed to the depression and eventual suicide of a family member.

Panesar’s sentence includes a six-month custodial sentence for an additional charge of Failure to Appear. On June 21, 2018, while released on bond, Panesar fled to Mexico and failed to appear at a Motion Hearing before Judge Curiel set for June 22, 2018. He was captured in Mexico and deported to the United States approximately six weeks later.

Earlier this year, Panesar’s co-defendants were sentenced by Judge Curiel. Rafael Hastie was sentenced to 46 months in custody and ordered to pay $942,000 in restitution to the victims. Gurdev Singh was sentenced to 27 months in custody and ordered to pay $392,850 in restitution to the victims. The Court ordered Panesar to pay approximately $2.5 million in restitution to his victims.

Additionally, last week, former HSI supervisor Johnny Martin was found guilty by a federal jury in a related case for the false statements he made to the FBI in connection with their investigation into this immigration fraud scheme. Martin will be sentenced on January 17, 2020.

In imposing the sentence, Judge Curiel described Panesar’s scheme as “one of the more serious cases this Court has handled” in recent years. “Mr. Panesar preyed on the most vulnerable…these are people who wanted to live and experience the American dream. . . . Mr. Panesar pretended he could be the one who provided the American dream.” Judge Curiel added, “This offense is serious because of the heartlessness and callousness required to perpetuate this fraud on so many for so long.”

“Pretending to be a legitimate government agent to scam hundreds of individuals of their life savings undermines the crucial trust we bestow upon our law enforcement partners,” said U.S. Attorney Robert S. Brewer, Jr. “When that trust is betrayed for personal enrichment, our office will aggressively prosecute the fraudsters and seek restitution for the victims.”

“Panesar’s fraud scheme was particularly egregious as he attempted to use the veil of a U.S. government official to obtain millions of dollars from those trying to obtain legal status in the United States,” said Scott Brunner, FBI Special Agent in Charge. “Falsely claiming to be a federal official degrades the integrity of the system and therefore has serious consequences. Today, Panesar’s destructive scheme has been shut down, he has a federal conviction, and must serve a prison sentence as a result of his actions.”

DEFENDANTS Case Numbers: 17CR1371-GPC, 18CR3229-GPC

Hardev PANESAR Age: 71 El Cajon, California

Rafael HASTIE Age: 49 Tijuana, Mexico

Gurdev SINGH Age: 58 Bakersfield, California

SUMMARY OF CHARGES

17CR1371-GPC

Count 1: 18 U.S.C. § 1349, Conspiracy to Commit Wire Fraud

Maximum Penalty: Twenty years in prison, $250,000 fine, forfeiture and restitution.

Counts 2-4: 18 U.S.C. § 1343, Wire Fraud;

Maximum Penalty: Twenty years in prison, $250,000 fine, forfeiture and restitution

Counts 5-10: 18 U.S.C. § 912, False Personation of an Officer or Employee of the United States;

Maximum Penalty: Three years in prison, $250,000 fine

Count 11: 31 U.S.C. § 5324(a)(3), Structuring Domestic Financial Institutions;

Maximum Penalty: Ten years in prison, $250,000 fine, forfeiture

18CR3229-GPC

Count 1: 18 U.S.C. § 3146(a)(1), Failure to Appear After Pre-Trial Release;

Maximum Penalty: Ten years in prison, $250,000 fine.

AGENCY

Federal Bureau of Investigation

U.S. Customs and Border Protection – Office of Field Operations

U.S. Customs and Border Protection – Office of Professional Responsibility

Cyber Crime: Elvin Lewis Convicted Of Conspiracy To Commit Money Laundering And Money Laundering Charges

Man Convicted by South Florida Jury of Laundering More than $3 Million in Proceeds from International Cyber Scams

FORT LAUDERDALE – Elvin I. Lewis, Jr., of Hollywood, Florida, was convicted today of conspiracy to commit money laundering and money laundering charges, following a five-day jury trial. The charges stemmed from his decision to launder more than $3 million dollars in fraud proceeds from business email compromise (“BEC”) cyber scams, announced U.S. Attorney Ariana Fajardo Orshan for the Southern District of Florida, Special Agent in Charge Brian Swain of the U.S. Secret Service (USSS) Miami Field Office, and Special Agent in Charge George L. Piro of the FBI’s Miami Field Office.

According to evidence at trial, from approximately November 2017 through August 2018, in Broward County, Florida, and elsewhere, Lewis knowingly and willfully agreed to participate in, and did participate in, a conspiracy to commit money laundering, in violation of Title 18, United States Code, Section 1956(h) (Case No. 19cr60034). The purpose of the scheme was for Lewis and his co-conspirators to unlawfully enrich themselves, to hide illegal proceeds, and to further wire fraud schemes by, among other things, withdrawing, depositing, and transferring fraudulently obtained funds between banks, and individuals. As trial testimony established, Lewis also recruited others into the money laundering network, including a co-conspirator based in Detroit, whom he originally solicited on Craigslist.

Lewis’s co-conspirators – believed to be located abroad – contacted businesses (the “business victims”) located throughout the United States, using email, social media, and other Internet-based methods of communication, and falsely and fraudulently posed as vendors seeking payment for services rendered, in order to facilitate the BEC scams. The co-conspirators, posing as vendors, used spoofed emails and email account takeover techniques to send emails falsely and fraudulently directing the business victims to make payments to various bank accounts, through wire transfers, in purported satisfaction of invoices due to the actual vendors.

Lewis’s role in the laundering conspiracy was to wire fraud proceeds from the BEC scams into other corporate accounts under his and his co-conspirators’ control, in return for a five to ten percent cut of the funds. In particular, as trial evidence established, Lewis created more than eight accounts at different banks for his purported real estate investment business, “A NuFinancial Consortium LLC.” Through these accounts, Lewis laundered more than $3 million in BEC proceeds in less than a year, approximately $2.3 million of which was laundered in less than two weeks. Lewis variously converted the funds to cashier’s checks and cash, and wired money between accounts.

The business victims of the cyber scams included: a major Canadian city; a trucking company in Tennessee; a power company in Ohio; an axle company in Indiana and Detroit; an importing business in Chicago; and others.

In total, Lewis made more than $160,000 in cash during the course of the fraud and money laundering schemes. He used the funds to acquire a Porsche, which law enforcement seized as part of this criminal case.

Lewis is scheduled to be sentenced on Jan. 10, 2020 at 3:30 p.m. before U.S. District Judge Roy K. Altman. He faces a statutory maximum sentence of twenty years in prison as to each of the eleven counts of conviction. He also faces up to three years of supervised release, restitution and monetary penalties.

U.S. Attorney Fajardo Orshan commended the investigatory efforts of the USSS and FBI in this matter. She also thanked IRS-CI’s Orlando Field Office for the trial assistance provided by a money laundering expert. This case is being prosecuted by Assistant U.S. Attorneys Lisa H. Miller and Michele S. Vigilance. The asset forfeiture component of the case is being handled by Assistant U.S. Attorneys Alison W. Lehr and Daren Grove.

Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.

Tax Fraud: Cubby Wayne Williams Was Found Guilty Of 22 Counts Of Assisting In The Preparation Of False Tax Returns

Inglewood-based Tax Preparer Convicted in Scheme that Sought More than $5 Million in Fraudulent Refunds

LOS ANGELES – A tax preparer and ex-California Franchise Tax Board employee was found guilty by a jury today of federal criminal charges accusing him of defrauding the IRS out of millions of dollars by declaring bogus withholdings used to fraudulently claim substantial tax refunds.

Cubby Wayne Williams, 64, of Alhambra, was found guilty of 22 counts of assisting in the preparation of false tax returns for his clients and four counts of subscribing to false tax returns for himself.

United States District Judge Percy Anderson has scheduled a December 16 sentencing hearing, at which time Williams will face a statutory maximum sentence of 78 years in federal prison.

Williams, who owns and operates the Inglewood-based tax services company Williams Financial Network, filed tax returns claiming that his clients had accrued Original Issue Discount (OID) interest income, according to the evidence presented at his four-day trial. OID is a form of interest that accrues over the life of a bond or other debt instrument, but is not payable as it accrues. Financial institutions use IRS Forms 1099-OID to report this accrued, but unpaid, income, and any tax withholdings on it.

Williams fraudulently claimed OID withholdings on 22 tax returns for his clients for the tax years 2013 through 2016, and sought hundreds of thousands in bogus tax refunds. Williams took a cut of many of these refunds often by directing the IRS to deposit a portion into a bank account under Williams’s control.

When his clients complained that their returns had fallen under IRS scrutiny, had been corrected and that they now owed money to the IRS, Williams told them the IRS had made a mistake and they were still entitled to their tax refunds. When the same clients informed Williams they were being audited, he assured them he would represent them before the IRS and resolve any issues, but he ultimately did little other than to submit further fraudulent documentation to the IRS.

According to prosecutors, Williams’ scheme included many false returns in addition to the returns charged in the indictment, through which Williams attempted to fraudulently obtain more than $5 million in tax refunds and, in fact, obtained nearly $3 million for himself and his clients.

This case was investigated by IRS Criminal Investigation.

This matter is being prosecuted by Assistant United States Attorneys James C. Hughes and Ranee A. Katzenstein of the Major Frauds Section.

Financial Fraud: Dwane Nevins Plead Guilty To An Indictment Charging Him With Corruption Related Crimes

Veterans Affairs Official Pleads Guilty to Six Corruption-Related Counts Arising from Scheme to Take Bribes To Rig Federal Contracts

Business Associates, Charged with Offering and Arranging for the Payments, Have Also Pleaded Guilty

DENVER – U.S. Attorney Jason R. Dunn announces that former U.S. Department of Veterans Affairs official Dwane Nevins, age 55, pleaded guilty last week to an indictment charging him with corruption related crimes, arising from a scheme to take payments from an undercover FBI agent. Earlier this week, on September 17, 2019, his co-conspirator Anthony Bueno pleaded guilty to one count of conspiring with Nevins to make those payments. Another businessman involved with the scheme, Robert Revis, pleaded guilty in April 2019.

As described in the indictment, Dwane Nevins — a small business specialist at the VA’s Network Contracting Office in Colorado — agreed to take bribes offered by Revis, Bueno, and an undercover FBI agent to help them manipulate the process for bidding on federal contracts with the VA. Revis and Bueno, working with Nevins, agreed to submit fraudulent bids from service-disabled-veteran-owned small businesses under contract with their consulting company so that federal contracts would be set aside for only those companies. As Bueno allegedly explained, they would then “own all the dogs on the track.” Nevins, Bueno and Revis worked to conceal the nature of the bribe payments by either kicking back to Nevins a portion of the payments made to their consulting company, or by asking their consulting company’s clients to pay Nevins for sham training classes related to federal contracting.

The indictment also alleges that, after complaining about not being paid by Revis and Bueno for his participation in the scheme, Nevins used his official position at the VA to extort approximately $10,000 from an undercover FBI agent, telling the agent that “the train don’t go without me. You know what I mean? I’m the engine. I’m the caboose. I’m the engine room.” Nevins also allegedly told the undercover FBI agent “this is a business and businessmen need to get paid . . . . so I can have my Christmas, you know what I’m saying?”

The indictment alleges that the conspirators attempted to rig the process related to two contracts, both of which related to medical equipment and not to the construction of any VA facilities. The first contract related to the procurement of LC bead particle embolization products by a VA hospital in Salt Lake City and the second related to the procurement of durable medical equipment for VA facilities located throughout the region.

“Corruption in the government procurement process has consequences,” said U.S. Attorney Jason Dunn. “Here the defendant participated in manipulating the bid process so that a specific company could prevail. That is wrong, it is criminal, and there will be swift consequences for anyone that engages in such behavior.”

“Dwane Nevins’ scheme attempted to take advantage of the system serving our veterans and hurt small businesses,” said FBI Denver Division Special Agent in Charge Dean Phillips. “The FBI thanks the multi-agency investigative team and the USAO for holding Nevins and his cohorts accountable for their criminal activities.”

Gregg Hirstein, Special Agent in Charge, VA Office of Inspector General, said, “This case should serve as a deterrent to any government employees tempted to unlawfully profit from their position of public trust. The VA Office of Inspector General will always vigorously pursue allegations of corruption by VA officials because our nations veterans deserve to be served by a workforce of the highest integrity.”

“Taking bribes is an egregious form of corruption that violates the public’s trust and deprives eligible businesses opportunities to compete fairly for Federal contracting opportunities,” said SBA OIG’s Western Region Special Agent-in-Charge Weston King. “SBA OIG and its law enforcement partners will aggressively pursue individuals that seek personal gain in their service as public officials. I want to thank the U.S. Attorney’s Office and our law enforcement partners for their leadership and dedication throughout this investigation.”

Dwane Nevins is scheduled to be sentenced on December 20, 2019. He faces a maximum of 65 years’ imprisonment. Anthony Bueno is scheduled to be sentenced on January 7, 2020. Robert Revis is scheduled to be sentenced on January 24, 2020.

The case was jointly investigated by the Federal Bureau of Investigation, the U.S. Department of Veterans Affairs Office of Inspector General, and the U.S. Small Business Administration Office of Inspector General.

The defendant is being prosecuted by Assistant United States Attorneys Bryan D. Fields and Hetal J. Doshi.

Financial Fraud: Dana Q. Roush Guilty Of a Conspiracy To Commit Mail Fraud And Equity Skimming

Greenville Business Owner Convicted in Federal Court of Conspiracy to Defraud

Greenville, South Carolina —- United States Attorney Sherri A. Lydon announced today that Dana Q. Roush, age 38, of Greenville, was found guilty of a conspiracy to commit mail fraud and equity skimming. A federal jury returned guilty verdicts late Wednesday evening after an hour and a half of deliberation. United States District Judge Timothy M. Cain of Anderson received the verdicts and will sentence Dana Roush and her husband Michael “Bubba” Roush,” who pleaded guilty to the mail fraud conspiracy prior to trial, after reviewing a Presentence Investigation Report which will be prepared by the United States Probation Office.

Evidence presented at trial showed that Dana and Bubba Roush owned and operated Kingdom Connected Investments, LLC (“KCI”). They marketed their company as a Christian organization and promised to create “win-win” situations for home sellers and buyers. They sought homeowners who often owed more on their home than the property was worth, and buyers who lacked good credit and thus could not obtain a conventional mortgage.

KCI promised to relieve the homeowner from the burdens of mortgage payments by “buying” the home and placing a buyer in the home who would rent-to-own. KCI promised to make all the sellers’ mortgage payments. KCI misled sellers to believe that they would be immediately removed from the property’s title and that they were no longer responsible for the original loan.

KCI promised buyers an easy road to homeownership. In exchange for the down payment (typically 10 percent of the purchase price), the buyers were told that they were renting-to-own and building up equity. KCI further concealed from the buyers that a third party—the seller—had an existing mortgage on the property that KCI was responsible for paying.

Rather than using the down payments and rents received from the buyers to pay the sellers’ mortgage payments, Bubba and Dana Roush used the money for personal expenses and to expand their real estate business.

The sellers, many of whom believed they were off the title and note, received foreclosure notices. They learned that KCI, despite having a renter in the home, had stopped paying on the mortgage. Buyers often learned they had no real ownership interest when the home was purchased by a third-party at a foreclosure sale and the new owner started eviction proceedings.

Victims of the scheme suffered myriad injuries including loss of money, dreams, and ruined credit. Special Agent Matt Jacobson of the Federal Bureau of Investigation testified that KCI received $2.6 million from buyers and only paid $1.4 million in mortgage payments. Approximately 130 properties were involved in the scam, and Agent Jacobson testified that in only two instances did a buyer actually become a homeowner and a seller not face foreclosure and ruined credit.

“Protecting South Carolinians from financial fraud is one of our top priorities,” said U.S. Attorney Lydon. “Dana and Bubba Roush lined their own pockets by preying on distressed homeowners and families hoping to achieve the American dream of home ownership. The U.S. Attorney’s Office will vigorously investigate and prosecute individuals like the Roushes who make false representations to enrich themselves at the expense of others.”

“This verdict is the result of excellent work by FBI Special Agents, prosecutors from the United States Attorney’s Office and investigators from the Department of Housing and Urban Development. I commend them all. These schemes, based on absolute greed, prey on the vulnerable by perverting trust. The FBI will continue to work with our partners to track down such schemes and bring those responsible to justice,” said FBI Special Agent in Charge Jody Norris.

In addition to the FBI, Department of Housing and Urban Development, Office of Inspector General (HUD OIG) participated in the investigation. Nadine E. Gurley, Special Agent in Charge at HUD, stated “HUD OIG is dedicated to protecting HUD from individuals seeking to defraud the Federal Housing Administration (FHA) program. HUD OIG will continue to partner with other federal, state and local authorities to ensure that corrupt individuals do not use their positions to enrich themselves at the government’s expense. We remain steadfast in working with the U.S. Department of Justice to pursue any unscrupulous individuals who attempt to defraud our programs for their own personal enrichment.”

The maximum sentence the Roushes face is imprisonment for 20 years, a fine of $250,000, and supervised release for three years. Special Assistant United States Attorney Ian Conits and Assistant United States Attorney Bill Watkins of the Greenville office prosecuted the case on behalf of the Government.

Financial Fraud: Compounding Pharmacy Have Agreed To Resolve a Lawsuit Alleging That They Violated The False Claims Act

Compounding Pharmacy, Two of Its Executives, and Private Equity Firm Agree to Pay $21.36 Million to Resolve False Claims Act Allegations

The Department of Justice announced today that compounding pharmacy Diabetic Care Rx LLC, or Patient Care America (PCA), PCA’s Chief Executive Officer Patrick Smith, PCA’s former Vice President of Operations Matthew Smith, and private equity firm Riordan, Lewis & Haden Inc. (RLH) have agreed to resolve a lawsuit alleging that they violated the False Claims Act through their involvement in a kickback scheme to generate referrals of prescriptions for expensive pain creams, scar creams, and vitamins, regardless of patient need, which were reimbursed by TRICARE, the federal health care program for military members and their families. PCA and RLH have agreed to pay $21,050,000, Patrick Smith has agreed to pay at least $300,000, and Matthew Smith has agreed to pay at least $12,788. These settlement amounts were based on defendants’ ability to pay.

“Kickback schemes taint decision-making and cause taxpayer-funded health care programs to pay for items or services that patients may not need,” said Assistant Attorney General Jody Hunt for the Department of Justice’s Civil Division. “We will hold accountable health care providers involved in such schemes designed to induce referrals of prescriptions that are reimbursed by federal health care programs.”

“The prosecution and resolution of this case demonstrates the U.S. Attorney’s Office continuing commitment to hold all responsible parties to account for the submission of claims to federal health care programs that are tainted by unlawful kickback arrangements,” said United States Attorney Ariana Fajardo Orshan. “Kickback schemes lead to unnecessary medical services and drive up the cost of health care for all.”

“This settlement sends a clear message about the Defense Criminal Investigation Service (DCIS) and its law enforcement partners’ unwavering commitment to protect the integrity of TRICARE, the Department of Defense’s health care program which serves to protect our U.S. military, their family members, and military retirees,” said Special Agent in Charge Cyndy Bruce of the DCIS Southeast Field Office. “Health care providers who manipulate and abuse the TRICARE program in order to seek financial gain by submitting false claims and demonstrating a lack of regard for TRICARE patients and the health care plan which is charged to provide their medical care, will be diligently investigated and held accountable for their actions.”

This settlement resolves a lawsuit pursued by the United States against PCA for allegedly paying kickbacks to outside “marketers” to target military members and their families for prescriptions for compounded creams and vitamins, which were formulated to ensure the highest possible reimbursement from TRICARE. The United States alleged that the marketers paid telemedicine doctors who prescribed the creams and vitamins without seeing the patients, or in some cases, even speaking to them. The settlement also resolves the United States’ allegations that PCA and a marketer routinely jointly paid the copayments owed by patients referred by the marketer, without any verification of the patients’ financial needs, and then disguised the payments as coming from a sham charitable organization, which was affiliated with the marketer. Finally, the settlement resolves the United States’ allegations that PCA continued to claim reimbursement for prescriptions referred by the marketers despite regularly receiving complaints from patients that revealed the prescriptions were being generated without patient consent or a valid patient-prescriber relationship. RLH, the private equity firm that managed PCA on behalf of its investors, allegedly knew of and agreed to the plan to pay outside marketers to generate the prescriptions and financed the kickback payments to the marketers. Patrick Smith and Matthew Smith were executives of PCA who allegedly executed the scheme.

The lawsuit resolved by the settlement was originally filed under the whistleblower (or “qui tam”) provisions of the False Claims Act by Marisela Medrano and Ada Lopez, two former employees of PCA. The qui tam provisions permit private individuals to sue on behalf of the government for false claims and to share in any recovery. The False Claims Act authorizes the United States to intervene and take over such lawsuits, which the United States did here, in part. The share to be awarded in this case has not been determined yet.

This civil settlement was the result of a coordinated effort by the Civil Division’s Commercial Litigation Branch (Fraud Section), the United States Attorney’s Office for the Southern District of Florida, the Defense Criminal Investigative Service, and the U.S. Food & Drug Administration’s Office of Criminal Investigations.

The lawsuit is captioned United States ex rel. Medrano and Lopez v. Diabetic Care Rx LLC, d/b/a Patient Care America, et al., No. 15-CV-62617 (S.D. Fla.). The claims resolved by the settlement are allegations only and there has been no determination of liability.

Financial Fraud: Group Of 25 Individuals Charges In Healthcare Fraud Schemes

25 Southern California Defendants Face Federal Charges Alleging Fraud Schemes that Cost Health Care Programs Millions of Dollars

LOS ANGELES – A local health care fraud enforcement action has resulted in federal charges against of 25 Southern California defendants for their alleged involvement in healthcare fraud schemes that fraudulently sought over $150 million from the Medicare and Medicaid programs, as well as private insurers and union health benefit plans. Fourteen of those charged in federal court in Los Angeles and Santa Ana are doctors or medical professionals.

The charges announced today target schemes billing Medicare, Medicaid and other health care plans for services, testing and prescriptions that were not medically necessary or not actually provided to beneficiaries.

The cases announced today are the result of investigations being conducted by the Federal Bureau of Investigation; the U.S. Department of Health and Human Services, Office of the Inspector General (HHS-OIG); the U.S. Department of Labor, Office of Inspector General; the U.S. Department of Labor, Employee Benefits Security Administration; the Defense Criminal Investigative Service; the Amtrak Office of Inspector General; the U.S. Office of Personnel Management, Office of Inspector General; the California Department of Insurance; and the California Department of Justice.

The criminal cases have been brought by the United States Attorney’s Office and prosecutors in the Health Care Fraud Unit of the Criminal Division’s Fraud Section at the Justice Department who work with law enforcement partners under the aegis of the Medicare Fraud Strike Force.

“Corruption drains dollars from private insurers and public programs such as Medicare and Medicaid,” said United States Attorney Nick Hanna. “This office will continue to hold accountable anyone – including medical professionals – who seeks to bilk our nation’s health care system.”

“Today’s action shows that our ability to detect and prosecute health care fraud grows more sophisticated with each passing day,” said Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division. “The Department of Justice is using every tool at our disposal to target the medical professionals and others who place their personal greed above the public good.”

“Sticking taxpayers with a bill for unnecessary healthcare services will never be tolerated,” said Special Agent in Charge Timothy B. DeFrancesca of the U.S. Health and Human Services, Office of the Inspector General. “Working closely with our law enforcement partners, our agency will tirelessly pursue physicians and others who threaten the integrity of Federal healthcare programs.”

“Health care fraud schemes cheat American taxpayers and healthcare programs out of millions of dollars,” said Assistant Director in Charge Paul D. Delacourt of the FBI’s Los Angeles Division. “With the assistance of the public, the FBI and partner agencies will continue to combat this unscrupulous criminal activity that seeks to financially exploit our healthcare system.”

“Criminal activity that drives up medical costs for Californians at the expense of vulnerable communities will not be tolerated,” said California Attorney General Xavier Becerra. “The California Department of Justice will continue to seek opportunities to work with our federal partners to not only prevent wrongdoing, but also target fraudsters and hold them accountable.”

A total of 10 cases are being announced today. Those charged are:

Dr. Ronald Weaver, 70, of Pacific Palisades; Sara Soulati, 49, of Santa Monica; Dr. John Weaver, 75, of Alhambra; Dr. Ronald Carlish, 78, of Pacific Palisades; Dr. Howard Elkin, 68, of Whittier; Dr. Wolfgang Scheele, 79, of Los Angeles; and Dr. Nagesh Shetty, 74 of Huntington Beach, who were charged for their alleged participation in an approximately $135 million scheme to defraud Medicare through medically unnecessary cardiac treatments and testing through Global Cardio Care of Inglewood. This case is being prosecuted by DOJ Trial Attorneys Emily Z. Culbertson and Alexandra Michael.

Navid Vahedi, 40, of Los Angeles; Vahedi’s pharmacy, Fusion Rx Compounding Pharmacy; and Joseph S. Kieffer, 39, a marketer, of Los Angeles, who were charged in a fraud and kickback scheme. Vahedi and Kieffer, allegedly paid commissions to marketers and some patients to obtain medically unnecessary compounded drugs to allow Fusion Rx to bill health care providers for those compounded drugs, many of which were reimbursed at rates much higher than average medications. To encourage patients to continue seeking the compounded drugs, Fusion Rx allegedly failed to collect copayments from patients. However, to avoid the scheme being uncovered in an audit, they also allegedly directed Fusion Rx staff to use gift cards to pay the patients’ copayments for them so that it would appear they made the required copayments. This conduct allegedly resulted in approximately $17 million in losses to health care providers, while the defendants spent substantial sums of money on themselves, including Vahedi’s purchase of a 1963 Ford Mustang Cobra. Also charged in a related case was Joshua Pearson, 40, a marketer, of St. George, Utah, for his alleged receipt of illegal kickbacks from Fusion Rx, Vahedi and Kieffer for patient referrals for compounded drugs (Pearson is a 26th defendant in the cases being announced today). The cases are being prosecuted by Assistant United States Attorneys Ashwin Janakiram and Alexander Schwab of the Major Frauds Section and Assistant United States Attorney Jonathan Galatzan of the Asset Forfeiture Section.

Hilda Haroutunian, 59, of Sun Valley; Dr. Keyvan Amirikhorheh, 60, of Seal Beach; Lorraine Watson, 56, a physician’s assistant, of Valley Village; Noem Sarkisyan, 63, of North Hollywood; and Edmond Sarkisyan, 40, a medical assistant, of North Hollywood, who were charged for their alleged participation in an approximately $10 million scheme to defraud the Family Planning, Access, Care and Treatment (Family PACT) program administered by Medi-Cal, the California Medicaid program, through fraudulent claims for family planning services, testing and prescriptions for non-existent patients submitted through Los Angeles Community Clinic and associated diagnostic testing laboratories and pharmacies. The case is being prosecuted by DOJ Trial Attorney Alexis D. Gregorian.

Amir Friedman, 54, an anesthesiologist, of Calabasas, who is charged for his alleged participation in a conspiracy to commit honest services mail and wire fraud and Travel Act violations involving approximately $800,000 in kickbacks for compounded pharmaceutical drugs involving New Age Pharmaceuticals, Inc., in Beverly Hills. The case is being prosecuted by Assistant United States Attorney Ashwin Janakiram.

Susan H. Poon, 54, a chiropractor who resides in Dana Point, who was arrested today after a federal grand jury charged her in an approximately $2 million scheme to defraud Anthem, Aetna, and other Blue Cross Blue Shield Association affiliates, including the Teamsters Western Region and Local 177 health care plans. Through this scheme, Poon allegedly submitted false and fraudulent claims for chiropractic services never provided, medical diagnoses never given, and office visits that never occurred. Poon also allegedly submitted false and fraudulent prescriptions to a provider of durable medical equipment that relied on those false prescriptions in its reimbursement claims. Employees and employee-dependents of the United Parcel Service and Costco Wholesale Corporation, who allegedly never received the claimed services or sought the claimed medical equipment, were named as patients in Poon’s false claims and prescriptions. The case is being prosecuted by Assistant United States Attorney Daniel S. Lim of the Santa Ana Branch Office.

Antonio Olivera, 78, of Downey; Emelita Cephass, 57, of Downey; and Martin Canter, 70, of Rancho Palos Verdes, who were charged for their alleged participation in a hospice kickback scheme. Olivera was also charged for his alleged participation in a scheme to defraud Medicare. Both schemes involve Mhiramarc Management LLC, a hospice located in Downey. In a separate case, hospice owner John O’Brien was charged with health care fraud conspiracy for his alleged role in the fraud scheme. The cases are being handled by DOJ Trial Attorney Justin P. Givens.

Mahyar David Yadidi, 37, a chiropractor who resides in Los Angeles, who was charged with conspiracy to commit health care fraud for operating a scheme to defraud the International Longshore and Warehouse Union – Pacific Maritime Association health care benefit plan. Yadidi allegedly defrauded the ILWU-PMA Plan through his chiropractic clinic, San Pedro Philips Chiropractic, by offering kickbacks to patients for attending the clinic and by billing the benefit plan for services that were not rendered to its patients, services that were not medically necessary, and services that were provided by unlicensed employees not qualified to perform them. Yadidi allegedly continued to operate his scheme after he was terminated as an authorized provider by the ILWU-PMA plan. Ivan Semerdjiev, 40, of Irvine, a chiropractor working for Yadidi, and Julian Williams, 44, of San Pedro, a personal trainer working for Yadidi, were also charged in connection with this fraud conspiracy. In total, Yadidi, Semerdjiev and Williams submitted almost $5 million in claims to the ILWU-PMA plan. The case is being prosecuted by Assistant United States Attorney Alex Wyman.

Darren Hines, 49, a chiropractor who lives in the Harbor City neighborhood of Los Angeles, who was charged with health care fraud for operating a scheme to defraud the International Longshore and Warehouse Union – Pacific Maritime Association health care benefit plan. Hines allegedly defrauded the ILWU-PMA plan through his chiropractic clinic, Advanced Alternative Health, by billing for services not rendered and services being provided by unlicensed employees who were not qualified to perform them, all after Hines was terminated as an authorized provider by the ILWU-PMA plan. Hines allegedly submitted over $500,000 in fraudulent claims over a short period of time. The case is being prosecuted by Assistant United States Attorney Alex Wyman.

“Health plans are tempting targets for unscrupulous individuals,” said Crisanta Johnson, Los Angeles Regional Director for the U.S. Department of Labor’s Employee Benefits Security Administration. “When wrongdoers victimize health plans and their participants, EBSA and its fellow enforcement agencies will take prompt, aggressive, and coordinated action to hold them accountable.”

Thomas W. South, Deputy Assistant Inspector General for Investigations, the U.S. Office of Personnel Management, Office of Inspector General, said: “I am proud of the outstanding work of the OPM OIG investigative staff and our law enforcement partners. The OPM OIG has zero tolerance for unethical behavior and we will vigorously investigate cases of fraud and abuse by professionals in the health care industry.”

“An important mission of the Office of Inspector General is to investigate allegations of fraud relating to labor unions and their affiliated employee benefit plans. We will continue to work with our law enforcement partners to investigate these types of allegations,” said Quentin Heiden, Acting Special Agent-in-Charge, Los Angeles Region, U.S. Department of Labor, Office of Inspector General.

“Our office, in partnership with our fellow investigative agencies, will continue to comprehensively investigate and bring to justice the people who perpetrate health care fraud,” said Kevin Winters, Amtrak’s Inspector General. “We will remain vigilant in protecting Amtrak employees, retirees, and their dependents, by ensuring our health care dollars are not wasted on fraudulent providers.”

The charges and allegations contained in the indictments are merely accusations. The defendants are presumed innocent until and unless proven guilty.

The Justice Department’s Fraud Section leads the Medicare Fraud Strike Force, which is part of a joint initiative between the Department of Justice and HHS to focus their efforts to prevent and deter fraud and enforce current anti-fraud laws around the country. There are 15 strike forces operating in 24 federal districts, and, since its inception in March 2007, strike force prosecutors have charged nearly 4,000 defendants who have collectively billed the Medicare program for more than $14 billion. In addition, HHS Centers for Medicare & Medicaid Services, working in conjunction with HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.

The U.S. Department of Labor, Office of Inspector General is responsible for identifying and reducing labor racketeering and corruption in employee benefit plans, labor-management relations, and internal union affairs. Through its criminal investigations and collaboration with the Employee Benefits Security Administration and other federal law enforcement partners, the DOL-OIG works diligently to ensure prosecution of individuals involved in wrongdoing related to union affairs.

The U.S. Department of Labor’s Employee Benefits Security Administration is responsible for protecting the retirement, health and other workplace-related benefits of America’s workers and their families. As part of its overall enforcement program, EBSA investigates criminal acts committed against employer- and union-sponsored health and welfare plans in coordination with other law enforcement partners.

Financial Fraud: 29 Individuals Indicted For Drug Conspiracy And Money Laundering

29 Defendants Indicted For Drug Conspiracy, International Money Laundering, Money Laundering Conspiracy, And/Or Related Charges

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Enrique Pacheco, age 30, of McAlester; Liliana Alvarez Soto, age 22, of Oklahoma City; Leroy Carl Fox, age 40, of McAlester; Matthew Scott Scraper, age 37, of McAlester; Alyssa Mae Syvongsa, age 19, of Tulsa; Shiana Nicole Johnson, age 24, of Ada; Feather Cheyenne Pacheco, age 23, of Tahlequah; Marc Anthony Cox, age 43, of Fort Gibson; Krystal Sue-Ann Mayen, age 30, of Oklahoma City; Kendall Brent Smith, age 50, of Okmulgee; Michael Sean Gunn, age 30, of Alma, Arkansas; Magdalena B. Mallard, age 34, of Fort Smith, Arkansas; Wesley Michael Rollins, age 31, of Tulsa; Jamie Denise McDonald, age 30, of Tulsa; Kami Rai Gill, age 32, of Del City; Joel David Kazmierczak, age 46, of Broken Arrow; Alexandra Tristian Giemausaddle, age 31, of Anadarko; Trina Kay Rose, age 48, of Ada; Cheyenne Grace Alexus Tiger, age 22, of Oklahoma City; and Tina Marshall Stilwell, age 30, of Fort Gibson, were each indicted for Drug Conspiracy, in violation of Title 21, United States Code, Sections 846, 841(a)(1), and 841(b)(1)(A), punishable by not less than 10 years imprisonment and up to a $10,000,000 fine.

Muskogee residents Jose Miguel Pacheco, age 30; Maricsa Pacheco (Brown), age 29; Lannie Jo Carter, age 18; Daniel Pacheco, age 25; Teodoro Renteria Pacheco, age 55; Randy Eugene Langton, age 61; Tabitha Ann Bryant (Ford), age 37; Ervin Hernandez, age 31; and Christian Jonathan Hernandez, age 30, were also indicted for Drug Conspiracy. All 29 defendants are charged with conspiracy to distribute controlled substances, with some of those defendants additionally charged with other crimes, including International Money Laundering, Money Laundering Conspiracy and Distribution or Possession with Intent to Distribute Methamphetamine, Heroin, and/or Cocaine.

The Indictment alleges that beginning on November 4, 2016 and continuing until on or about September 11, 2019, in the Eastern District of Oklahoma and elsewhere, the defendants willfully and knowingly combined, conspired, confederated, and agreed together, and with others known and unknown to the Grand Jury, to commit offenses against the United States.

The Indictment also alleges that on certain dates from July 16, 2019 through August 8, 2019, in the Eastern District of Oklahoma, the defendants Enrique Pacheco, Lannie Jo Carter, Shaina Nicole Johnson, Trina Kay Rose, Daniel Pacheco, Maricsa Pacheco and Tabitha Ann Bryant, transmitted, transferred and attempted to transmit and transfer funds, that is United States Currency, by wire transfer from a place in the United States to a place outside the United States, with the intent to promote the carrying on of a specified unlawful activity, that is, the felonious importation, receiving, concealment, buying, selling, or otherwise dealing in a controlled substance, in violation of Title 21, United States Code, Section 1956(a)(2)(A) and Title 18, United States Code, Section 2, punishable by not more than 20 years imprisonment and a fine of the greater of $500,000.00 or two-times the amount of the transaction.

The charges arose from a joint investigation led by the Drug Enforcement Administration, along with the Federal Bureau of Investigation, the Internal Revenue Service, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Oklahoma Bureau of Narcotics and Dangerous Drugs, the Oklahoma Department of Corrections, the Oklahoma Highway Patrol, the Muskogee County Sheriff’s Office, the Muskogee Police Department, and the Tulsa County Sheriff’s Office. Additionally, many prominent agencies which are members of the DEA High Intensity Drug Trafficking Area Task Force (“HIDTA”), contributed to this investigation, including: the Tulsa Police Department, the Broken Arrow Police Department, the Chickasaw Nation Lighthorse Police Department, the Miami Police Department, the Moore Police Department, the El Reno Police Department, the Yukon Police Department, the Duncan Police Department, the Norman Police Department, the Choctaw Police Department, the Edmond Police Department, the Oklahoma County Sheriff’s Office, the Canadian County Sheriff’s Office, the Rogers County District Attorney’s Office, and the Oklahoma County District Attorney’s Office. The investigation was coordinated by the Organized Crime Drug Enforcement Task Force (“OCDETF”) of the Eastern District of Oklahoma. OCDETF is an initiative led and coordinated by the Office of the United States Attorney.

United States Attorney Brian J. Kuester said, “Each year hundreds of people in Oklahoma die as a result of drug overdoses. Among the drugs contributing to these tragic deaths are methamphetamine and heroin. This operation, known as operation “Pop Can,” targeted an organization dealing those deadly drugs in the Eastern District and throughout Oklahoma.” Kuester added, “This investigation has been a shining example of how the public benefits when law enforcement agencies collaborate. The scope, duration, and success of this takedown would not have been possible without the participation of the agencies involved.”

“Operation Pop Can has thus far resulted in 25 arrests, and the seizure of over 30 pounds of meth and approximately 5 pounds of heroin. This investigation is yet another, where a contraband phone is smuggled into a DOC facility, and then utilized by an inmate to orchestrate criminal activity spanning across all three Oklahoma Federal Judicial Districts,” said DEA Assistant Special Agent in Charge John Scott. “The success in this case was a direct result of the collaboration between federal, state, and local agencies. It was a combined effort of everyone involved bringing their respective resources together to go after this criminal organization. There is no doubt that the takedown of this group will have a positive effect on our community.”

“The FBI works closely with our federal, state, and local law enforcement partners to combat organized crime and illegal drug trafficking in Oklahoma. Today’s arrests are a reminder to those who prey on our communities – your criminal activity will not be tolerated and you will be brought to justice,” said Melissa Godbold, Special Agent in Charge of the FBI’s Oklahoma City Division.

“The selling of illicit drugs in our communities negatively impacts nearly all aspects of our lives,” said Tamera Cantu, IRS Special Agent In Charge of the Dallas Field Office. “This investigation involves drug traffickers laundering their profits through wire transfers to Mexico. The role of IRS-Criminal Investigation in narcotics cases is to track down these profits and dismantle the drug trafficking organizations. Today’s indictments emphasize our commitment to this role as we work alongside our law enforcement partners to protect people’s security, health and wellbeing by bringing these criminals to justice.”

John Scully, Commissioner of the Oklahoma Department of Public Safety said, “Partnering with the Eastern District of the United States Attorney’s Office and our other law enforcement partners on this case, has resulted in multiple arrests and indictments. Those arrests will certainly keep Oklahomans safer and will have a positive impact on the drug epidemic in our communities. These Drug Trafficking Organizations commit violent crimes in order to continue their criminal enterprise and the desire by those addicted, to obtain these illegal drugs drives them to commit related crimes as well. Oklahomans should be proud of the coordinated response by the U.S. Attorney’s Office and these law enforcement agencies, to keep them safe.”

Oklahoma Bureau of Narcotics and Dangerous Drugs Control Interim Director Bob Cook said, “It takes law enforcement in a cooperative effort with our federal, state and local partners to dismantle these groups that threaten the peace and safety of our communities. OBN is committed in our mission to eradicate criminal drug organizations and fight to protect law abiding citizens.”

Muskogee County Sheriff Rob Frazier said, “Today’s search warrants and arrests represent the continued efforts of the Muskogee County Sheriff’s Office to combat illegal drugs and make Muskogee County a safer place for all. This office will continue our strong alliances with local, state, and federal law enforcement agencies to maximize our efforts against drug distributors in Muskogee County.”

“The Tulsa County Sheriff’s Office is proud to be part of this collaboration”, said Tulsa County Sheriff Vic Regalado. “These arrests are a perfect example of how our communities and the citizens of the Eastern District are safer, when local, state and federal authorities work together to take drug dealers off the streets.”

A grand jury Indictment does not constitute evidence of guilt. A grand jury Indictment is a method of bringing formal charges against the defendant. All defendants are presumed innocent of the charges and may not be found guilty unless evidence establishes guilt beyond a reasonable doubt.

Financial Fraud: Edvin Ovasapyan, Hakob Kojoyan, Lorik Papyan, and Stephen Silverman Indected For their Roles In An Alleged Scheme To Defraud Purchasers Of Prescription Drugs

Four Defendants Charged In $70 Million Wire Fraud Conspiracy Involving Black Market HIV Medications

SAN FRANCISCO – A federal grand jury returned a superseding indictment charging Edvin Ovasapyan, Hakob Kojoyan, Lorik Papyan, and Stephen Silverman for their respective roles in an alleged scheme to defraud purchasers of prescription drugs, announced United States Attorney David L. Anderson and Federal Bureau of Investigation Special Agent in Charge John F. Bennett.

The multi-count superseding indictment was returned on September 5, 2019, and unsealed September 10, 2019. It alleges Ovasapyan, 41, of Los Angeles; Kojoyan, 27, of Los Angeles; Papyan, 36, of Los Angeles; and Silverman, 77, of Los Angeles, each played a role in a conspiracy to operate a large-scale clearing house to divert drugs, primarily those used in the treatment of the Human Immunodeficiency Virus (“HIV”). The superseding indictment describes how Ovasapyan, Kojoyan, and Papyan conspired to acquire large quantities of diverted prescription HIV medications on the black market, and then created false documentation claiming that the medications had been acquired from licensed suppliers. All four defendants allegedly then conspired to sell these diverted prescription drugs to retail pharmacies and wholesalers across the United States. The drugs were sold through a company called Mainspring Distribution, LLC (“Mainspring”), and the defendants provided their customers with false documentation regarding the origin of those drugs. The indictment alleges Silverman, an attorney, was aware of the illicit nature of the operation and assisted his co-defendants by, among other things, agreeing to launder the proceeds of the fraud. Mainspring’s customers were never informed that they were purchasing prescription drugs acquired on the black market. Over the course of the conspiracy, Mainspring earned more than $70,000,000 through sales to its customers. According to the indictment, the defendants also disguised the destination of these funds, routing a portion of Mainspring’s earnings through misleadingly named bank accounts designed to create the appearance of a lawful supply chain.

All four defendants have been charged with one count each of conspiracy to commit wire fraud, in violation of § 18 U.S.C. § 1349; conspiracy to commit money laundering, in violation of § 18 U.S.C. § 1956(h); and conspiracy to engage in the unlawful wholesale distribution of drugs, in violation of 18 U.S. C. § 371.

An indictment merely alleges that crimes have been committed, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt. If convicted of conspiracy to commit wire fraud, the defendants face a maximum sentence of 20 years in prison, a fine of $250,000 (or twice the gross gain or loss), and restitution. If convicted of conspiracy to commit money laundering, the defendants face a maximum sentence of 20 years in prison, a fine of $500,000 (or twice the value of the property involved in the transaction), and restitution. If convicted of conspiracy to engage in the unlawful wholesale distribution of drugs, the defendants face a maximum sentence of 5 years in prison, a fine of $250,000 (or twice the gross gain or loss), and restitution. However, any sentence following conviction would be imposed by the court after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.

Assistant United States Attorneys Andrew F. Dawson and Briggs Matheson are prosecuting the case with the assistance of Patricia Mahoney. The prosecution is the result of an investigation led by the Federal Bureau of Investigation, with the assistance of the Food and Drug Administration.