Category: MIL-OSI

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Warren County Man Pleads Guilty to Attempted Online Enticement of a Minor

Source: US FBI

ALBANY, NEW YORK – Robert Cutter, age 44, of Lake George, New York, pled guilty today to the attempted online enticement of a minor.

United States Attorney Carla B. Freedman and Craig L. Tremaroli, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI), made the announcement.

Cutter admitted that on June 27, 2023, he exchanged sexually explicit text messages with someone he believed was an adult offering the sexual services of a 12-year-old girl in an attempt to entice the child into engaging in sexual acts with him.  Cutter also admitted that on that same date, he travelled to a pre-determined location in Warren County, New York, with the intent to engage in sexual acts with the 12-year-old girl.  Cutter was arrested by law enforcement shortly after arriving at the location.

At sentencing on November 11, 2024, before United States District Mae A. D’Agostino, Cutter faces at least 10 years and up to life in prison.  The judge will also be required to impose a term of post-release supervision of at least 5 years and up to life.  The court may also impose a fine of up to $250,000, restitution, and forfeiture of the smartphone Cutter used to commit his offense.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.  Cutter will also have to register as a sex offender upon his release from prison.

This case was investigated by the FBI Child Exploitation Task Force, comprised of FBI Special Agents, and state and local police investigators, including from the New York State Police and Warren County Sheriff’s Office.  Assistant U.S. Attorney Allen J. Vickey is prosecuting the case as part of Project Safe Childhood. 

Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS).  Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.

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The Grand Health Care System and 12 Affiliated Skilled Nursing Facilities to Pay $21.3 Million for Allegedly Providing and Billing for Fraudulent Rehabilitation Therapy Services

Source: US FBI

Company Admits that Supervisory Officials Falsified Information in Medical Records

ALBANY, NEW YORK – Strauss Ventures LLC doing business as The Grand Health Care System and 12 affiliated skilled nursing facilities (collectively, the Grand), have agreed to resolve allegations that they violated the False Claims Act by knowingly billing federal health care programs for therapy services that were unreasonable, unnecessary, unskilled, or that simply did not occur as billed. Many of the settling facilities are located in upstate and central New York, including in Albany, Oneida, Madison, Columbia, and Herkimer counties.

“Today’s settlement protects patients and taxpayers by ensuring that medical treatment is dictated by patient need and not by financial motive,” said United States Attorney Carla B. Freedman.  “Skilled nursing facilities provide important services to a vulnerable population, and we will continue to hold them accountable when they provide patients with unnecessary services and falsify records.”

The settlement resolves allegations that from as early as January 1, 2014 to September 30, 2019, the Grand knowingly submitted false claims for rehabilitation therapy for residents at 12 facilities Strauss Ventures owned and operated. During this period, Medicare Part A (Medicare’s hospital insurance, which also pays for care in a skilled nursing facility in some circumstances) and TRICARE (the federal health care program for the Department of Defense) paid for such services at rates that varied based on the number of minutes of skilled rehabilitation therapy provided. The Grand allegedly submitted bills where the reimbursement claimed was based on providing more therapy than was reasonable and necessary, or in some cases where the therapists did not provide the amount of therapy reported. 

As part of the settlement, the Grand admitted that certain now-former Grand management level employees implemented quotas that each of the 12 facilities was expected to reach, including quotas relating to beneficiaries’ lengths of stay and to the percentage of beneficiaries billed at the highest reimbursement level. To meet these quotas, facilities often scheduled patients to receive therapy without consideration of what was reasonable and necessary based on the individual patients’ clinical condition. In addition, the Grand directed that no more than three patients be discharged from any facility per week and instructed that no Medicare Part A patients should be discharged from rehabilitation therapy unless it had been discussed with corporate officials. The Grand admitted that this resulted in some Medicare beneficiaries “staying on therapy longer than was reasonable and medically necessary.” 

The Grand acknowledged that there were various instances where supervisory officials, who did not personally evaluate or treat patients, set or adjusted the number of minutes of therapy that a Medicare patient would receive. The Grand also acknowledged that there were instances where supervisory personnel falsified the number of therapy minutes in the Grand’s electronic recordkeeping system or instructed subordinates to do so, well after the therapy was allegedly rendered.

“We expect nursing facilities to provide only reasonable and appropriate amounts of skilled rehabilitation therapy service to their residents and to bill government healthcare programs only for the services actually provided,” said Principal Deputy Assistant Attorney General Brian Boynton, head of the Department of Justice’s Civil Division. “The department is committed to protecting both vulnerable nursing home patients and taxpayers against fraudulent conduct by unscrupulous actors.” 

The settlement also resolves federal allegations that the Grand submitted false claims to Medicaid for services rendered at its Pawling, New York nursing home between January 1, 2016 and June 30, 2021. These claims were allegedly false because the reimbursement rate was inflated by data inaccurately reflecting the degree of care, including rehabilitation therapy services, needed by Medicaid patients there. 

The Grand has also entered into a five-year Corporate Integrity Agreement with the Department of Health and Human Services Office of Inspector General (HHS-OIG) that requires an independent review organization to annually assess the medical necessity and appropriateness of therapy services billed to Medicare.

“Violations of the False Claims Act are absolutely unacceptable and will not be tolerated by the FBI and its partners,” said Executive Assistant Director Michael Nordwall of the FBI’s Criminal, Cyber, Response and Services Branch. “We will continue our work of protecting the American taxpayer by relentlessly pursuing businesses that do not comply with the rule of law. If you bill federal health care programs in an unnecessary manner, there will be consequences.”

“The Grand admitted to providing unnecessary care to our most vulnerable, to include knowingly keeping patients in their facilities and away from their loved ones when they needed them most,” said Craig Tremaroli, Special Agent in Charge of the FBI’s Albay Field Office. “This settlement illustrates the FBI’s commitment to working with our partners to protect federally funded healthcare programs from abuse by companies looking to line their pockets with taxpayer dollars.”

“As a part of this settlement, the defendants acknowledged that they obtained funds from the Medicare program to which they were not entitled,” stated Special Agent in Charge Naomi Gruchacz of HHS-OIG. “Individuals and entities that participate in the federal health care system are required to obey the laws meant to preserve the integrity of program funds and the provision of appropriate, quality services to patients.”

“Protecting the integrity of the healthcare system for our military members and their families is a top priority of the Defense Criminal Investigative Service (DCIS), the law enforcement arm of the Department of Defense Office of Inspector General,” stated Acting Special Agent in Charge Brian J. Solecki of DCIS Northeast Field Office. “DCIS will continue to work with its law enforcement partners and the Department of Justice to hold DoD contractors accountable for their fraudulent activity and ensure America’s service members are not subject to unnecessary risk.”

The settlement resolves a whistleblower lawsuit filed under the qui tam provisions of the False Claims Act by two former providers of rehabilitation therapy at the Grand. The Act allows private persons to file civil actions on behalf of the government and share in any recovery. Under the settlement, the whistleblowers will receive approximately $4,047,000 of the settlement proceeds. The case is docketed with the U.S. District Court for the Northern District of New York under number 1:19-cv-1311.

The U.S. Attorney’s Office for the Northern District of New York; the Justice Department’s Civil Division, Commercial Litigation Branch, Fraud Section; HHS-OIG’s New York Region; the FBI, Albany Field Office; DCIS, Syracuse Resident Agency, and the New York State Attorney General’s Office investigated the matter. Assistant U.S. Attorney Adam J. Katz and Senior Trial Counsel Christelle Klovers represented the United States.

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Schenectady Man Sentenced to More Than 15 Years on Methamphetamine Conviction

Source: US FBI

ALBANY, NEW YORK – Ocyris Morgan, age 36, of Schenectady, New York, was sentenced today to 188 months in prison for possessing methamphetamine with the intent to sell it.

United States Attorney Carla B. Freedman and Craig L. Tremaroli, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI), made the announcement.

Morgan admitted that he intended to sell the 21.4 grams of methamphetamine law enforcement seized from his house on June 1, 2023, and when he overheard agents saying they found between one-half and one ounce of methamphetamine, Morgan corrected them, “21.7, to be exact.”  Morgan also admitted to receiving $10,130 over the course of 12 instances in which he sold a total of 93 grams of methamphetamine and 50 grams of cocaine base to several customers.  He further admitted to possessing a firearm and bullet-proof vest.

Chief United States District Judge Brenda K. Sannes also imposed a 4-year term of supervised release and ordered Morgan to forfeit the $10,130 he made from the drug sales. 

The FBI’s Capital District Safe Streets Task Force—made up of FBI Special Agents as well as members of other federal, state, and local law enforcement agencies, including the Schenectady Police Department—investigated the case, which Assistant U.S. Attorney Jonathan S. Reiner prosecuted.

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U.S. Attorney’s Office Secures Plea in Case Involving Sexual Contact with Minors

Source: US FBI

ALBUQUERQUE – A Newcomb man pleaded guilty to federal charges of sexual contact with two minors.

According to court documents, Roderick Bitsilly, 61, an enrolled member of the Navajo Nation, admitted to engaging in sexual contact with Jane Doe 1, a child under 12, between February and August 2014. Additionally, Bitsilly pleaded guilty to similar charges involving Jane Doe 2, also under 12, between September 2019 and September 2020.

Bitsilly will remain in third-party custody at a halfway house pending sentencing, which has not yet been scheduled. At sentencing, Bitsilly faces up 75 months in prison. Upon his release from prison, Bitsilly will be subject to no less than five years up to life of supervised release and must register as a sex offender.

U.S. Attorney Alexander M.M. Uballez and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, made the announcement today.

The Gallup Resident Agency of the FBI Albuquerque Field Office investigated this case. Assistant U.S. Attorney Caitlin L. Dillon is prosecuting the case.

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FBI Albuquerque Warns of Government Impersonation Scams

Source: US FBI

The FBI Albuquerque Field Office is issuing a public warning about Government Impersonation scams.

The FBI, along with other federal, state, local, and tribal partners, is working to investigate cases in which scammers are using advanced spoofing scams to steal the public’s hard-earned money.

According to the FBI’s Internet Crime Complaint Center (IC3), there have been Nationwide reported losses of more than $33 million due to Government Impersonation scams from January through November 2024. While these scams are not new, they have become more advanced and involve networks of criminals. These schemes could be multi-layered and may last several weeks to months until victims realize they are being scammed and their financial accounts have been depleted.

Special Agent in Charge Raul Bujanda of the FBI Albuquerque Division said, “While the FBI does not want the public to ignore calls that appear to come from law enforcement, be aware that neither the FBI nor any other legitimate law enforcement agency will ever demand cash or gift cards from you or ask you to move your money into an account for safe keeping.”

Below describes how this scam is typically carried out:

  • Scammers claim to be personnel from the FBI, IRS, U.S. Marshal Service, Secret Service, or other federal agencies or local law enforcement agencies. The scammers “spoof” or fake where they are calling from, so it appears to the victim that they are calling from a legitimate agency.
  • Victims are threatened that a warrant for their arrest has been issued, that they are being implicated in a crime, that their Social Security number is suspended, or that they are simply under investigation and that they must pay a fee or fine to avoid detention.
  • These scammers often demand that the victim act quickly, not get off the phone, and threaten or scare the victim into believing that they will be arrested imminently.
  • Subsequently, some of these scams are much more elaborate, with multiple scammers spoofing different agencies to draw the victim into the scheme. Oftentimes the scammer will send fake documents on what appears to be U.S. Government letterhead to further legitimize the scam and involvement of multiple people.
  • Scammers may also provide victims with phone numbers to call, which lead to an associate of the scammer. This person may tell the victim that they can fix the problem, but that their financial accounts have been “hacked” and the victim should move their money to a secure account number provided by the scammers.
  • The victim is commonly instructed to withdraw money from their bank account and transfer via wire transfer, or deposit into a cryptocurrency kiosk or ATM, or instructed to purchase gift cards and then provide the card information to the fraud actor. Recently, scammers are requesting the victim purchase gold or other precious metals for a courier to pick up.

A variation of this scam was recently reported in New Mexico:

A victim received a call from a scammer stating that he worked with The U.S. Marshal Service (USMS) and informed the victim that his social security number had be implicated in a money laundering operation. Following the initial contact, the victim received a subsequent call from a spoofed phone number appearing to be from the local Police Department, this caller confirmed that the victim was in fact under investigation and that he should follow the instructions given by the supposed Marshal. The victim was instructed to withdraw funds from his bank account and deposit them into an ATM. At the time of this scam the ATM was out of service, so the scammer sent someone to pick up the funds from the victim’s residence.

Tips to Protect Yourself:

  • Know that the U.S. Government and Law Enforcement agencies will not email you or call you unsolicited. Nor will they ever request that you wire money or cryptocurrency, send precious metals, or purchase gift cards to avoid detention or to mitigate an alleged issue with your finances or digital devices.
  • Slow down before taking action. Scammers oftentimes depend on victims to make quick decisions.
  • Always look up your local or federal law enforcement office’s phone number on your own and contact them directly. Do not call the number provided by the caller or allow them to transfer you.
  • Never give out your personal information, including banking information, Social Security number, or other personally identifiable information over the phone to individuals you do not know.
  • Do not click on unsolicited popups, links through text messages, or email links and attachments.
  • Do not contact unknown numbers provided to you in these communications.
  • Do not authorize unknown individuals access to your computer.
  • Do not meet with unknown individuals to deliver cash or precious metals.
  • Be skeptical of individuals representing themselves as officials soliciting donations or demanding payment.

If you suspect you are a victim of this or any scam, immediately end communications with the subjects and contact law enforcement.

  • If you feel that you are in imminent danger, call 911
  • Contact your financial institution immediately upon suspecting or discovering a fraudulent transfer
  • Report to the FBI at 1-800-CALL-FBI or tips.fbi.gov
  • Submit a complaint to the Internet Crime Complaint Center at ic3.gov
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U.S. Attorney’s Office and FBI Investigates Suspected Child Sexual Abuse

Source: US FBI

ALBUQUERQUE – The FBI is investigating allegations of child sexual abuse involving a minor against a man in Vanderwagen, New Mexico.

Nolin Leupp, 26, appeared before a federal judge and will remain on conditions of release pending trial, which has not been scheduled, on charges of receiving child sexual abuse material.

According to court documents, on December 8, 2024, a witness reported a suspected sexual assault involving Leupp and a minor victim. The witness further disclosed concerning communications between Leupp and the victim, including Snapchat messages of a sexual nature and plans to meet late at night.

During a subsequent interview on December 19, 2024, Leupp admitted to a romantic relationship with the minor. A search of Leupp’s phone revealed four videos of suspected child sexual abuse material, downloaded from Discord and Snapchat.

If convicted of the current charges, Leupp faces a mandatory minimum of 5 and up to 20 years in prison.

U.S. Attorney Alexander M.M. Uballez and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, made the announcement today.

The Gallup Resident Agency of the FBI Albuquerque Field Office investigated this case. Assistant United States Attorney Jesse Pecoraro is prosecuting the case as part of as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit Justice.gov/PSC.

A criminal complaint is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

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U.S. Attorney, FBI Announce Federal Charges Against Arizona Man for Sexual Abuse

Source: US FBI

ALBUQUERQUE – A Whiteriver man has been charged with two counts of sexual abuse.

The indictment alleges that between August 1, 2021, and August 31, 2021, Fernando Yatsatie, Jr., 47, a member of the Zuni Pueblo, unlawfully engaged in and attempted to engage in sexual acts using threats and intimidation.

Yatsatie will remain in custody pending trial, which has not been scheduled. If convicted, Yatsatie faces any term of years up to life in prison.

U.S. Attorney Alexander M.M. Uballez and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, made the announcement today.

The Gallup Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Zuni Police Department. Assistant U.S. Attorney Nicholas J. Marshall is prosecuting the case.

An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

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Member of Marion Gardens Jersey City Gang Sentenced to 234 Months in Prison for Racketeering, Violent Crimes

Source: US FBI

NEWARK, N.J. – A member of a Jersey City gang associated with the Marion Gardens Housing Complex was sentenced today to 234 months in prison for racketeering, violent crimes in aid of racketeering, drug trafficking, and firearms offenses, U.S. Attorney Philip R. Sellinger announced.

Jervon Morris, aka “Sticky,” 35, of Jersey City, New Jersey, previously pleaded guilty before U.S. District Judge Claire C. Cecchi in Newark federal court to racketeering conspiracy and related crimes.

According to documents filed in this case and statements made in court:

Morris and his co-defendants are all members and associates of the neighborhood street gang associated with the Marion Gardens Housing Complex, which routinely distributes cocaine and heroin, among other controlled substances, in and around the Marion Gardens Housing Complex. Members and associates of the gang also engaged in acts of violence, including numerous assaults, shootings, and murders, which targeted rival gang members and others. On July 28, 2011, Morris, Kevin Williams, aka “KK,” aka “Kay Kay,” 31, and other members of the Marion Gardens street gang, murdered a victim in the area of Gifford Avenue and Bergen Avenue in Jersey City.

In addition to the prison term, Judge Cecchi sentenced Morris to three years of supervised release.

On Feb. 7, 2018, Williams and another member of the Marion Gardens street gang assaulted a victim in the area of Summit Avenue and Magnolia Avenue in Jersey City. Williams was sentenced on Oct. 3, 2024, to 198 months in prison.

On June 30, 2018, Terick Rogers, aka “Moot,” 32, and two other members of the enterprise shot five people while celebrating “Meech Day” in honor of a deceased fellow gang member. On Aug. 21, 2024, Rogers, was sentenced to 192 months in prison.

On Jan. 9, 2019, Jakeem Gibson-Madison, aka “Beanz,” 30, and another member of the enterprise, traveled to the area of Grant Avenue and Ocean Avenue to target a rival gang member, at which time three victims were shot at, two of whom were hit. On Aug. 20, 2024, Gibson-Madison was sentenced to 180 months in prison.

U.S. Attorney Sellinger credited special agents of the FBI, under the direction of Acting Special Agent in Charge Nelson I. Delgado, investigators of the Hudson County Prosecutor’s Office, under the direction of Prosecutor Esther Suarez, and the Jersey City Police Department, under the direction of Director James Shea, for the investigation leading to the charges.

This investigation was conducted as part of the Jersey City Violent Crime Initiative (VCI). The VCI was formed in 2018 by the U.S. Attorney’s Office for the District of New Jersey, the Hudson County Prosecutor’s Office, and the Jersey City Police Department, for the sole purpose of combatting violent crime in and around Jersey City.  As part of this partnership, federal, state, county, and city agencies collaborate to strategize and prioritize the prosecution of violent offenders who endanger the safety of the community.  The VCI is composed of the U.S. Attorney’s Office, the FBI, the ATF, the Drug Enforcement Administration’s (DEA) New Jersey Division, the U.S. Marshals, the Jersey City Police Department, the Hudson County Prosecutor’s Office, the Hudson County Sheriff’s Office, New Jersey State Parole, the Hudson County Jail, and the New Jersey State Police Regional Operations and Intelligence Center/Real Time Crime Center.

The government is represented by Assistant U.S. Attorney Desiree Grace, Chief of the Criminal Division for the District of New Jersey in Newark.

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Owner of Garfield Counseling Center Sentenced to 15 Months in Prison for Orchestrating Health Care Fraud Scheme

Source: US FBI

NEWARK, N.J. – The owner of a New Jersey counseling center was sentenced today to 15 months in prison for her role in a health care fraud scheme involving hundreds of false claims, U.S. Attorney Philip R. Sellinger announced.

Maria P. Cosentino, 61, of Garfield, New Jersey, previously pleaded guilty before U.S. District Judge Katharine S. Hayden to an information charging her with participating in a health care fraud scheme. Judge Hayden imposed the sentence today in Newark federal court,

According to documents filed in the case and statements made in court:

Cosentino owned Bergen Alliance Counseling Services, which provided counseling services and mental health treatment to children, families, couples, and adults. She admitted that for years she submitted false claims to private health insurance plans for counseling sessions that she never provided. Cosentino falsely claimed that various individuals had received counseling at the center when in fact they had been out of the country, had ceased attending the practice, or had never visited the counseling center at all. The false claims caused insurance plans to issue reimbursement checks to the center even though the individuals had never received any treatment. Cosentino kept the illicit profits, which totaled more than $700,000.

In addition to the prison term, Judge Hayden sentenced Cosentino to three years of supervised release and ordered her to pay restitution of $708,038.

U.S. Attorney Sellinger credited special agents of the FBI, under the direction of Acting Special Agent in Charge Nelson I. Delgado in Newark, with the investigation leading to the guilty plea.

The government is represented by Assistant U.S. Attorney DeNae Thomas of the Health Care Fraud Unit in Newark.

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Essex County Man Sentenced to 10 Years in Prison for Unlawful Possession of Ammunition by a Convicted Felon

Source: US FBI

NEWARK, N.J. – An Essex County man was sentenced today to 120 months in prison for being a felon in possession of ammunition, Attorney Philip R. Sellinger announced today.

Lamar McCullough, 30, of Essex County, was convicted by a federal jury on June 7, 2024, of unlawful possession of ammunition by a convicted felon following a trial before U.S. District Judge Katherine Hayden, who imposed the sentence today in Newark federal court.

According to documents filed in this case and statements made in court:

On March 5, 2021, members of the Newark Police Department responded to a report of a shooting victim at University Hospital. Surveillance video recorded at 7:22 p.m. showed McCullough shoot a victim four times at close range in the middle of Isabella Avenue in Newark. Four 9-millimeter shell casings were recovered from the area where McCullough discharged the firearm.

In addition to the prison term, Judge Hayden sentenced McCullough to three years of supervised release.

U.S. Attorney Philip R. Sellinger credited Newark Police Department, under the direction of Public Safety Director Fritz Fragé, the Essex County Prosecutor’s Office, under the direction of Prosecutor Theodore N. Stephens II, and special agents of the FBI, under the direction of Acting Special Agent in Charge Nelson I. Delgado in Newark, with the investigation.

The investigation was conducted as part of the Newark Violent Crime Initiative (VCI). The Newark VCI was formed in August 2017 by the U.S. Attorney’s Office for the District of New Jersey, the Essex County Prosecutor’s Office, and the City of Newark’s Department of Public Safety for the purpose of combatting violent crime in and around Newark. As part of this partnership, federal, state, county, and city agencies collaborate and pool resources to prosecute violent offenders who endanger the safety of the community. The VCI is composed of the U.S. Attorney’s Office, the FBI, the ATF, the DEA New Jersey Division, the U.S. Marshals, the Department of Homeland Security – Homeland Security Investigations, the Newark Department of Public Safety, the Essex County Prosecutor’s Office, the Essex County Sheriff’s Office, New Jersey State Parole, Union County Jail, New Jersey State Police Regional Operations and Intelligence Center/Real Time Crime Center, New Jersey Department of Corrections, the East Orange Police Department, and the Irvington Police Department.

The government is represented by Assistant U.S. Attorneys Jessica Ecker of the Healthcare Fraud Unit and Katherine Calle of the Special Prosecutions Division.