Category: MIL-OSI

Source: United States Department of Justice Criminal Division

Two defendants pleaded guilty today to conspiring to defraud Medicaid by paying health care kickbacks for services that were not provided at two Brooklyn social adult day cares and a home health care company.

“The defendants were large-scale recruiters who bribed patients with laundered cash and billed Medicaid over $68 million for services that were not provided,” said Assistant Attorney General A. Tysen Duva of the Justice Department’s Criminal Division. “Today’s guilty pleas demonstrate the Department’s longstanding commitment to rooting out fraud in government health care programs by aggressively prosecuting those who steal from taxpayer-funded programs.”

“As demonstrated by today’s guilty pleas, our Office will hold accountable corrupt individuals who steer patients to health care providers in exchange for illicit kickbacks,” said U.S. Attorney Joseph Nocella Jr. of the Eastern District of New York. “We will continue to investigate and aggressively prosecute fraud schemes that steal from taxpayer funds from federal health care programs.”

“These defendants orchestrated an egregious scheme involving illegal kickbacks to steer Medicaid claims and to receive payment for services not rendered,” said Special Agent in Charge Naomi Gruchacz of the Department of Health and Human Services, Office of Inspector General (HHS-OIG). “Extensive fraudulent operations like this jeopardize the availability of federal health care program funds intended to support millions of beneficiaries. HHS-OIG is committed to working with our law enforcement partners to bring to justice those who prioritize greed over patient care.” 

“These defendants placed profit over people and public well-being and stole $68 million in welfare funds meant for those who need it most,” said Special Agent in Charge Ricky J. Patel of Immigrations and Customs Enforcement Homeland Security Investigations (HSI) New York. “Their guilty pleas today reflect that they knew exactly what crimes they were committing — they were cheating the system and, in turn, hurting vulnerable Americans. I commend HSI New York and our law enforcement partners for their unrelenting focus on dismantling and disrupting financial fraud schemes that exploit the American public and hurt our economy.”

According to court documents, Manal Wasef, 46, and Elaine Antao, 46, both of Brooklyn, were marketers and recruiters for two social adult day cares: Happy Family Social Adult Day Care Center Inc. and Family Social Adult Day Care Center Inc., as well as Responsible Care Staffing Inc., a home health care fiscal intermediary. Between approximately October 2017 and July 2024, in exchange for illegal kickbacks and bribes, Wasef and Antao referred Medicaid recipients to the social adult day cares and the home health company. The defendants also paid illegal kickbacks and bribes to Medicaid recipients for social adult day care services and home health care services that were billed to Medicaid but were not provided or that were induced by kickbacks and bribes. Wasef and Antao used multiple business entities to launder the fraud proceeds and generate the cash used to pay kickbacks and bribes. In connection with their guilty pleas, Wasef and Antao agreed to collectively forfeit approximately $1 million. Wasef and Antao are the sixth and seventh individuals, respectively, to plead guilty in this case.

Wasef and Antao pleaded guilty to conspiracy to commit health care fraud. Antao is scheduled to be sentenced on May 20 and Wasef is scheduled to be sentenced on May 27. They each face a maximum penalty of 10 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

HHS-OIG, HSI, and the NYPD are investigating the case.

Trial Attorneys Patrick J. Campbell and Leonid Sandlar of the Criminal Division’s Fraud Section are prosecuting the case and Assistant U.S. Attorney Michael Castiglione for the Eastern District of New York is handling forfeiture matters.

The Fraud Section leads the Criminal Division’s efforts to combat health care fraud through the Health Care Fraud Strike Force Program. Since March 2007, this program, currently comprised of 9 strike forces operating in 27 federal districts, has charged more than 5,800 defendants who collectively have billed federal health care programs and private insurers more than $30 billion. In addition, the Centers for Medicare & Medicaid Services, working in conjunction with HHS-OIG, are taking steps to hold providers accountable for their involvement in health care fraud schemes. More information can be found at www.justice.gov/criminal-fraud/health-care-fraud-unit.

Source: United States Department of Justice Criminal Division

The Justice Department has filed a forfeiture complaint against two mission crew trainers that were interdicted in transit from the Test Flying Academy of South Africa to the People’s Republic of China’s People’s Liberation Army, announced U.S. Attorney Jeanine Ferris Pirro.

Source: United States Department of Justice Criminal Division

The Justice Department filed a forfeiture complaint against two mission crew trainers (MCTs) that were interdicted in transit from the Test Flying Academy of South Africa (TFASA) to the People’s Republic of China’s (PRC) People’s Liberation Army (PLA). The MCTs are mobile classrooms intended to assist the PLA to train personnel on the use of airborne warning and control system and anti-submarine warfare aircraft.

“TFASA masquerades as a civilian flight-training academy when in fact it is a significant enabler of the Chinese air and naval forces and a pipeline for transferring NATO aviation expertise, operational knowledge, and restricted technology directly to the People’s Liberation Army,” said Assistant Attorney General for National Security John A. Eisenberg. “The National Security Division will continue to act decisively to preserve the U.S. military’s qualitative edge by preventing U.S. technology from falling into the hands of our adversaries.”

“This seizure demonstrates the ongoing threat that China and its enablers pose to the national security of the United States through the unlawful procurement of U.S. military technology,” said U.S. Attorney Jeanine Pirro for the District of Columbia. “The Department of Justice and our law enforcement partners continue to be steadfast in our commitment to use every lawful tool available to keep this critical technology out of the hands of our adversaries.”

“The Test Flying Academy of South Africa illegally exported U.S. military flight simulator technology and recruited former NATO pilots for the purpose of training China’s military, jeopardizing U.S. national security and placing the lives of American service members at risk,” said Assistant Director Roman Rozhavsky of the FBI’s Counterintelligence and Espionage Division. “The U.S. government will pursue every avenue available to defend the homeland, protect our warfighters, and hold accountable anyone who aids our adversaries.”

“TFASA’s continued attempts to leverage our nation’s military expertise and software gravely threaten United States’ national security interests and the lives of American service members around the globe,” said FBI Acting Assistant Director in Charge Vanessa Tibbits.  “May today’s disruption reflect the FBI’s unwavering commitment to protect our country from foreign adversaries.”

“This successful interdiction highlights the critical role HSI plays in safeguarding U.S. national security and preventing sensitive technology from reaching adversarial military forces,” said Special Agent in Charge Ricky J. Patel of Homeland Security Investigations New York. “By disrupting the transfer of advanced anti-submarine warfare training equipment to the Chinese military, HSI New York and our partners denied adversaries access to vital U.S. tactics and capabilities and, in turn, protected vital American interests. I commend HSI New York and our law enforcement counterparts for their steadfast commitment to countering illicit procurement networks and defending the integrity of U.S. defense technology worldwide.”

As described in the complaint, TFASA is a South Africa-based company that specialized in military flight testing and training through facilities in South Africa and China. TFASA was founded in 2003 with the support of the South African government to facilitate cooperation with China. According to its website, “TFASA Flight Test Services” trained Chinese military pilots for fixed wing and rotary wing aircraft to North Atlantic Treaty Organization (NATO) training standards.

According to court documents, the MCTs and associated software were designed and manufactured, using U.S.-origin software and defense technical data, by TFASA. The purpose of the MCT project – dubbed “Project Elgar” by TFASA personnel – was to train PLA aviators on anti-submarine warfare techniques, expanding their capability to locate and track U.S. submarines working in the Pacific.

The MCTs’ layout was modelled after the P-8 Poseidon, which is manufactured by Boeing and serves as the United States’ primary anti-submarine warfare maritime patrol aircraft. The MCTs were designed to run software specially designed by TFASA for Project Elgar. The software used a basic flight simulator program designed and marketed by a U.S. company, which TFASA software engineers then enhanced using technical data relating to Western anti-submarine warfare aircraft, including the P-8 Poseidon. Former NATO aviators with training in anti-submarine warfare techniques were part of TFASA’s Project Elgar team.

This interdiction is the latest instance implicating TFASA in its role as a primary trainer of the PLA. In June 2023, the Department of Commerce added TFASA and numerous of its subsidiaries and affiliates in South Africa and elsewhere to the Entity List “for providing training to Chinese military pilots using Western and NATO sources,” which the Department of Commerce noted was “contrary to U.S. national security and foreign policy interests.”

This interdiction of the MCTs is a product of the U.S. government’s coordinated effort to stop the PLA and its enablers from further threatening U.S. national security. The forfeiture action comes as China, Russia, and Iran began a week of joint naval exercises in South Africa’s waters on Saturday, January 10.

The FBI and HSI New York Field Offices and the Department of Commerce, Bureau of Industry and Security are leading the investigation of TFASA and its activities.

Assistant U.S. Attorneys Steven B. Wasserman and Rick Blaylock, Jr. for the District of Columbia and Trial Attorney Sean Heiden of the National Security Division’s Counterintelligence and Export Control Section are litigating the case.

The burden to prove forfeitability in a forfeiture proceeding is upon the government.

MCT Inside Shipping Container Shipping Container Housing MCT Screenshots of Software Designed for MCTs

Source: United States Department of Justice Criminal Division

U.S. Attorney Michael DiGiacomo announced today that Khaled Abughanem, 53, of Lackawanna, NY, who was convicted by a federal jury of conspiracy to kidnap a person in a foreign country, kidnapping conspiracy, and threatening to retaliate against a victim, was sentenced to serve 204 months in prison by U.S. District Judge John L. Sinatra, Jr.  

Source: United States Department of Justice Criminal Division

U.S. Attorney Michael DiGiacomo announced today that Stuart J. McHenry, 35, of Hornellsville, NY, who was convicted of possession of child pornography involving a prepubescent minor, was sentenced to serve 108 months in prison and 10 years supervised release by U.S. District Judge Charles J. Siragusa.  

Source: United States Department of Justice Criminal Division

BOSTON – A Roxbury man was convicted yesterday in federal court in Boston for engaging in a scheme to cause the Massachusetts RMV to issue a Commercial Learners’ Permit (“CLP”) to an individual by providing that individual with the answers to CLP exam questions. In the state of Massachusetts, you must have a commercial learner’s permit before obtaining a commercial driver’s license.

Source: United States Department of Justice

Earlier this week, the U.S. Supreme Court declined to review a decision by the U.S. Court of Appeals for the Sixth Circuit regarding Tribal fishing rights in Michigan.

More than 50 years ago, the United States successfully brought a suit to protect the off-reservation treaty fishing and hunting rights of the Tribal successors to the signatories of the 1836 Treaty of Washington. The Tribes with affected treaty rights were the Sault Ste. Marie Tribe of Chippewa Indians, the Bay Mills Indian Community, the Grand Traverse Band of Ottawa and Chippewa Indians, the Little River Band of Ottawa Indians, and the Little Traverse Bay Bands of Odawa Indians.

Via consent decrees in 1985 and 2000, the district court allocated the fishery in the 1836 Treaty among the five Tribes and the State of Michigan. Following several years of negotiations and litigation, the district court entered a new decree in 2023 to replace the 2000 decree.

The 2023 decree, like its predecessors, equitably allocates the fishery to protect the Tribes’ fishing rights under the 1836 Treaty of Washington and provides for cooperative management between the Tribes and the State. The Sixth Circuit affirmed the district court’s issuance of that decree.

This successful outcome reflects the Justice Department’s historic role in protecting the rights and resources of federally recognized Indian Tribes and their members.