Category: MIL-OSI

Source: US FBI

A New England doctor pleaded guilty today to conspiring to illegally distribute controlled substances. This is the first joint prosecution of a doctor by the Justice Department’s New England Strike Force and U.S. Attorney’s Office for the District of Vermont.

“The defendant, a medical doctor based in New England, prescribed drugs to vulnerable patients in exchange for cash, knowing the patients were diverting the drugs,” said Principal Deputy Assistant Attorney General Nicole M. Argentieri, head of the Justice Department’s Criminal Division. “The cases brought by the New England Strike Force, including today’s conviction, demonstrate the Criminal Division’s commitment to holding accountable medical professionals who endanger local communities by putting profits above their patients’ wellbeing.”

“When we announced the creation of the New England Strike Force, we said we would be focusing on medical professionals who put profits over their patients,” said U.S. Attorney Nikolas P. Kerest for the District of Vermont. “Khan is an example of that — a bad apple in a profession that takes an oath to uphold ethical standards and treat patients as you would want to be treated. Putting profits over patients is a severe violation of that oath, and, in this case, a violation of federal criminal law. Today’s guilty plea is another step in holding Khan liable for his illegal conduct.”

According to court documents, Adnan S. Khan, M.D., 48, of Grantham, New Hampshire, conspired with others to illegally distribute controlled substances through his business, New England Medicine and Counseling Associates (NEMCA), which operated a network of clinics in New England that purportedly provided clinical treatment services for persons suffering from substance use disorder. Khan and a co-conspirator prescribed controlled substances to NEMCA patients despite knowing that their patients were diverting the prescriptions. Khan admitted that he and others required cash for purported office visits to received controlled substance prescriptions and falsified medical records to justify his illegal prescribing practices.

During the conspiracy, Khan emailed a co-conspirator a Justice Department press release  announcing the creation of the New England Strike Force, a law enforcement partnership whose purpose is to identify and prosecute health care fraud and other criminal schemes impacting the New England region. In response, the co-conspirator stated that it is “clear that [references in the release to] ‘making profit off of patients’ is geared towards folks like us. Curious where this will lead.” Khan then emailed NEMCA staff and stated that “there is a new task force…[for the New England states] on the lookout for medical professionals who are prescribing scheduled meds irresponsib[ly], etc.” Khan warned his staff that “[i]t is not a matter of if someone from such a task force will visit NEMCA but rather a matter of time.” Khan then ordered his staff “NOT to engage or discuss anything [with the  New England Strike Force] about NEMCA, what we do, what we offer, fees, etc.”

“Rather than providing responsible addiction treatment to his patients, Khan ran his medical practice with the corruption and recklessness of a common drug dealer,” said Special Agent in Charge Roberto Coviello of the Department of Health and Human Services Office of Inspector General (HHS-OIG). “His actions put patients and the community at risk. Today’s guilty plea is the result of a coordinated effort with our law enforcement partners as we continue our fight against addiction and the opioid epidemic.”

“Khan and his co-conspirator exploited vulnerable patients and cashed in on the very dependencies he was entrusted to treat,” said Special Agent in Charge Craig Tremaroli of the FBI Albany Field Office. “Today’s plea proves he is no better than a street level drug dealer motivated by pure greed as opposed to the oath he took to ‘first, do no harm’ to his patients. The FBI will continue to work with our partners on the New England Strike Force and U.S. Attorney’s Office to identify and bring to justice any practitioner looking to line their pockets in complete disregard for patient welfare and viability of our healthcare framework.”

“Our communities deserve honest and trustworthy medical practitioners,” said Acting Diversion Program Manager George J. Lutz Jr. of the Drug Enforcement Administration (DEA)’s New England Field Division. “Individuals betraying this trust through the illegal prescribing of controlled substances will be fully investigated by the DEA. Today’s guilty plea reinforces the value of the coordinated efforts with our law enforcement partners working alongside prosecutors to hold corrupt and reckless practitioners accountable for their actions.”

“So many Vermonters have been impacted by the opioid epidemic, which is why we must hold bad actors accountable, particularly physicians who use their prescribing power and their positions of authority to profit from their patients’ pain and suffering,” said Vermont Attorney General Charity R. Clark on behalf of the office’s Medicaid Fraud & Residential Abuse Unit. “I am proud to partner with the U.S. Attorney’s Office and Department of Justice in this effort.”

Khan and a co-conspirator required patients — many of whom were economically disadvantaged — to pay $250 cash in exchange for drug prescriptions, despite many of these patients’ having health care benefit coverage. If a patient could not afford the full cash payment, Khan would lower the dosage of that patient’s prescription. Khan then used funds that he earned from these patients to, among other things, purchase an airplane and multiple properties in New England. Khan would also personally deposit the cash that he received from patients, including deposits in excess of $10,000, at his bank.

Khan also admitted that he and a co-conspirator discussed their concern that, because pharmacies were no longer willing to fill the prescriptions, NEMCA might lose “dishonest” patients who were “selling their meds.” Khan said that their “honest patients” were “the smaller part of [NEMCA’s] clientele” and advised a co-conspirator that “it’s the diverters [of the drugs that] we need to try to figure out a way to retain.” A co-conspirator emailed Khan, suggesting that they give $100 “scholarships” to patients who owed them money. Khan responded he was “[s]tuck on ‘who’ should get them. S[******] patients owe me so much that $100 won’t even put a dent on their account and they probably won’t appreciate it. Maybe the borderline ones who are just over the $250 threshold? They would probably get on their knees in gratitude.”

Khan pleaded guilty to one count of conspiring to illegally distribute controlled substances. A sentencing hearing will be scheduled on a later date. Khan faces 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.

As a condition of Khan’s release, he is prohibited from writing prescriptions for controlled substances.

The HHS-OIG, FBI, DEA, and Vermont Attorney General’s Office’s Medicaid Fraud and Residential Abuse Unit investigated the case.

Trial Attorneys Thomas D. Campbell and Danielle H. Sakowski of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Andrew Gilman for the District of Vermont are prosecuting the case.

The Fraud Section partners with federal and state law enforcement agencies and U.S. Attorneys’ Offices throughout the country to prosecute medical professionals and others involved in the illegal prescription and distribution of opioids. 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 nine strike forces operating in 27 federal districts, has charged more than 5,400 defendants who collectively have billed federal health care programs and private insurers more than $27 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/criminal-fraud/health-care-fraud-unit.

The Vermont Attorney General’s Office Medicaid Fraud and Residential Abuse Unit receives 75% of its funding from HHS-OIG under a grant award totaling $1,229,616 for federal fiscal year 2024. The remaining 25%, totaling $409,870 for federal fiscal year 2024, is funded by the State of Vermont.

Anyone needing access to opioid treatment services can contact HHS-OIG’s Substance Abuse and Mental Health Services Administration 24/7 National Helpline for referrals to treatment services at 1-800-662-4359.

Source: US FBI

ALBANY, NEW YORK – Kim McPherson, age 63, of Troy, New York, was sentenced today to 1 year of probation, and to pay a $1,500 fine, for identity theft in connection with her casting of absentee ballots in two other people’s names in elections held in 2021.

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.

McPherson successfully ran for re-election to the Troy City Council in 2021, first in the Working Families Party primary and then in the general election.  In pleading guilty in June 2022 to the unlawful possession and use of a means of identification of another person, she admitted that in the primary election, she unlawfully cast an absentee ballot in the name of another person, and that in the general election, she unlawfully cast absentee ballots in the names of two people other than herself.

As part of her plea agreement, McPherson resigned from the Troy City Council.

The FBI investigated this case and Assistant U.S. Attorney Michael Barnett prosecuted this case.

Source: US FBI

ALBANY, NEW YORK – Patrick Civitello, age 18, of Schenectady, New York, pled guilty today to witness retaliation, admitting that he assaulted a 15-year-old boy in retaliation for the boy’s mother testifying last year in a federal criminal trial.

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.

Patrick Civitello is the son of Jeffrey Civitello Sr. and the younger brother of Jeffrey Civitello Jr., both of whom were convicted of federal drug trafficking charges following a jury trial in Albany in April 2023. A witness, identified in the indictment as V-1, testified at that trial.

In pleading guilty, Patrick Civitello admitted that on the evening of May 19, 2024, while at a restaurant in Glenville, New York, he observed V-1, who was with her 15-year-old son (“V-2”). At the time he observed V-1, Patrick Civitello was speaking on the phone with Jeffrey Civitello Jr. (who was incarcerated), and Patrick Civitello told his brother that he had just seen V-1 walk into the restaurant. Patrick Civitello then said “I gotta rag this bitch, I gotta call you back,” meaning that he intended to retaliate against V-1 for her trial testimony. Jeffrey Civitello Jr. responded, “Ok run down, but do it away from everyone if you could.”

V-1 and V-2 then exited the restaurant and headed to their vehicle in the parking lot. Patrick Civitello, who was following V-1 and V-2 out of the restaurant, briefly stopped in the parking lot to remove his watch and a cross-body bag. Having placed those items on the ground of the parking lot, Patrick Civitello charged in the direction of V-1 and V-2. He punched V-2 in the head, and continued to punch and kick V-2 after V-2 fell to the ground. V-2 suffered minor abrasions and bruises, including to his head, neck, and hand. 

Patrick Civitello, who has been in custody since his arrest on June 13, 2024, will be sentenced on February 28, 2025. He faces up to life in prison and a term of post-imprisonment supervised release of up to 5 years. 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.

The FBI’s Capital District Safe Streets Gang Task Force investigated this case with assistance from the Glenville Police Department. Assistant U.S. Attorneys Michael Barnett and Dustin Segovia are prosecuting this case.

Source: US FBI

ALBANY, NEW YORK – Scott Newcombe, age 40, of Plattsburgh, New York, pled guilty today to health care fraud. 

United States Attorney Carla B. Freedman; Craig L. Tremaroli, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI); and Naomi Gruchacz, Special Agent in Charge, U.S. Department of Health and Human Services, Office of Inspector General (HHS-OIG), New York Regional Office, made the announcement.

Newcombe admitted that from approximately April 2020 through April 2023, he acted as the office manager and health care claims biller for two physicians’ practices in Plattsburgh through a company that he formed called SJ Healthcare Management Services, LLC (SJHMS).  SJHMS charged a fixed monthly fee under which Newcombe performed various management, administrative, and billing services for the practices.  He admitted that he submitted false and fraudulent claims to public and private insurers on behalf of those practices for services that, in some instances, were never provided and, in other instances, were provided at lower reimbursement rates than the amounts billed.  For example, Newcombe admitted that he submitted claims to insurers for medical procedures that were purportedly performed by a provider on him but which, in fact, never occurred. 

Newcombe is scheduled for sentencing on February 28, 2025.  He faces up to 20 years in prison and a term of post-imprisonment supervised release of up to 3 years.  A defendant’s sentence is imposed by a judge based on the statute the defendant violated, the U.S. Sentencing Guidelines, and other factors.

The FBI and HHS investigated this case.  Assistant U.S. Attorneys Michael D. Gadarian and Adam J. Katz are prosecuting the case.

Source: US FBI

ALBANY, NEW YORK – Frank Twing, Sr., age 33, of West Stockbridge, Massachusetts, pled guilty today to one count of sexual exploitation of a child involving a then-15-year-old victim and one count of travel with intent to engage in unlawful sexual conduct involving an approximately 12-year-old victim. 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.

Twing admitted that he engaged in a sexual relationship with a 15-year-old child during which he created sexually explicit videos depicting that child. He also admitted to traveling from his home in Massachusetts to New York, planning to have sex with an approximately 12-year-old child.

At sentencing scheduled for March 6, 2025, before United States District Judge Mae A. D’Agostino, Twing faces a mandatory minimum imprisonment term of 15 years and a maximum imprisonment term of 60 years, post-release supervision of at least 5 years and up to life, a fine of up to $250,000, special assessments, restitution to the victims, and forfeiture of the property he used to commit he offenses. Twing also will be required to register as a sex offender upon his release from prison.

This case was investigated by the FBI’s Albany Division Child Exploitation and Human Trafficking Task Force, the New York State Police, and the Massachusetts State Police Detective Unit assigned to the Berkshire County District Attorney’s Office, which itself also assisted in the investigation. Assistant U.S. Attorneys Michael D. Gadarian and Benjamin A. Gillis are 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.

Source: US FBI

A fugitive wanted for over four decades on attempted first-degree murder charges was apprehended in Weed, New Mexico.