Category: Security

Source: US FBI

Note: View the criminal complaint here. 

Ryan Wesley Routh, 58, of Hawaii, has been charged by a criminal complaint in the Southern District of Florida with firearms charges related to an incident at Trump International Golf Club in West Palm Beach on Sept. 15.

Routh was charged with possession of a firearm by a convicted felon and possession and receipt of a firearm with an obliterated serial number and made his initial appearance today before Magistrate Judge Ryon M. McCabe in the federal courthouse in West Palm Beach. A detention hearing has been scheduled for Sept. 23. The investigation remains ongoing.

According to allegations in the criminal complaint, a Secret Service agent walking the golf course perimeter saw what appeared to be a rifle poking out of the tree line. After the agent fired a service weapon in the direction of the rifle, a witness saw a man later identified as Routh fleeing the area of the tree line. Routh was later apprehended by officers from the Martin County Sheriff’s Office, in coordination with the Palm Beach County Sheriff’s Office.

The complaint alleges that in the area of the tree line from which Routh fled, agents found a digital camera, a backpack, a loaded SKS-style rifle with a scope and a black plastic bag containing food. The serial number on the rifle was obliterated.

According to the complaint, Routh was convicted of felonies in North Carolina in December 2002 and March 2010.

The FBI is leading the ongoing investigation. The Bureau of Alcohol, Tobacco, Firearms and Explosives and the U.S. Secret Service are providing assistance.

The U.S. Attorney’s Office for the Southern District of Florida and the Counterterrorism Section of the Justice Department’s National Security Division are prosecuting the case. 

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

Source: US FBI

The Justice Department today announced criminal charges in five cases from four U.S. Attorney’s offices in connection with the multi-agency Disruptive Technology Strike Force (Strike Force).

The Strike Force is co-led by the Departments of Justice and Commerce to counter efforts by hostile nation states to illicitly acquire sensitive U.S. technology to advance their authoritarian regimes and facilitate human rights abuses. Launched in February 2023, the Strike Force’s work has led to the unsealing of charges against 34 defendants in 24 cases involving alleged export control violations, smuggling, theft of trade secrets, and other charges by actors connected to Russia, China, and Iran.

The cases announced today took place over the course of multiple weeks, culminating in the arrest today of a Russian national allegedly seeking to illegally export electronics for use in Unmanned Aerial Vehicles (UAVs) to Russia. The other cases also cover spearfishing of U.S-based scientists by an employee of a state-owned Chinese defense company and the smuggling of laser welding machines used in nuclear munition production to Russia.

“The prosecutions of these cases under the Disruptive Technology Strike Force reflects the joint efforts of five agencies across the government focused on the shared goal of stopping the transfer of sensitive, cutting-edge technologies to Iran, China, and Russia,” said Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division. “The Justice Department, through the work of the Strike Force, will continue to do all we can to prevent advanced technologies from falling into the hands of our adversaries and protect our national security.”

“We launched the Disruptive Technology Strike Force a year and half ago to advance the vital mission of safeguarding U.S. technology,” said Assistant Secretary for Export Enforcement Matthew S. Axelrod of the U.S. Department of Commerce. “As today’s announcements make clear, our efforts to protect sensitive U.S. technologies – which to date have yielded 24 publicly charged criminal cases, millions of dollars in administrative penalties, and multiple Entity List additions – remain relentless and unyielding.” 

“It’s no secret that the threats we face today are more complex and severe than ever before,” said Executive Assistant Director Robert Wells of the FBI’s National Security Branch. “The best way – and the only way – we can stay ahead of current and emerging threats is by working together. With these indictments, the Disruptive Technology Strike Force is an excellent example of the power of partnerships in practice.”

“Those who facilitate the illegal proliferation of sensitive technologies and material to hostile nations and terrorist groups pose a serious threat to the safety and security of the United States,” said Executive Associate Director Katrina W. Berger of Homeland Security Investigations (HSI). “HSI is committed to working with our partners to disrupt and dismantle the criminal networks that aid and abed U.S. adversaries.”

“Disrupting the efforts of foreign nations, international criminal organizations, and other potentially hostile entities that seek to illegally obtain sensitive DoD technology and weapon systems that could potentially be used against our military forces remains a top priority of the Defense Criminal Investigative Service, the criminal investigative arm of Department of Defense (DoD) Office of Inspector General,” said Inspector General Robert P. Storch of DoD. “We will continue to work with the Justice Department and our strike force partners to thwart the efforts of criminal elements whose activities threaten the security of the United States.”

United States v. Postovoy (District of Columbia)

A federal grand jury returned a seven-count indictment charging Denis Postovoy, a Russian citizen living in the United States, with conspiring to violate the Export Control Reform Act, commit smuggling, commit money laundering and defraud the United States. HSI arrested Postovoy this morning in Sarasota, Florida.

According to court documents, beginning in at least February 2022, following Russia’s full-scale invasion of Ukraine, Postovoy procured and illicitly exported from the United States to Russia microelectronic components with military applications. The exported microelectronics can be used in UAVs or drones. Through a web of companies that he owns or operates in Russia, Hong Kong, and elsewhere, Postovoy and individuals in his network purchased the microelectronics from U.S.-based distributors and exported them to Russia without the required licenses from the Department of Commerce.

As alleged, Postovoy’s companies included WowCube HK Limited, JST Group Hong Kong, Jove HK Limited, all based in Hong Kong, and the Vector Group in Russia. Postovoy repeatedly concealed and misstated the true end users and end destinations of the microelectronics by submitting false information on export-related documents. He transshipped items that were ultimately destined for Russia through intermediary destinations, including Hong Kong, Switzerland and elsewhere, and received payments in U.S. dollars from foreign bank accounts. His companies transferred funds for the purchase and shipment of the goods through bank accounts in Hong Kong, Russia, and elsewhere to bank accounts in the United States, including bank accounts maintained by the U.S. suppliers of microelectronics and other sensitive technologies.

HSI is investigating the case.

Assistant U.S. Attorney Stuart Allen for the District of Columbia and Trial Attorney Sean Heiden of the National Security Division’s Counterintelligence and Export Control Section are prosecuting the case.

United States v. Song Wu (Northern District of Georgia)

Today, a federal court in Atlanta, unsealed an indictment charging Chinese national, Song Wu, 39, with wire fraud and aggravated identity theft arising from his efforts to fraudulently obtain computer software and source code created by the National Aeronautics and Space Administration (NASA), research universities, and private companies. Song remains at large.

According to the indictment, Song allegedly engaged in a multi-year “spear phishing” email campaign in which he created email accounts to impersonate U.S.-based researchers and engineers and then used those imposter accounts to obtain specialized restricted or proprietary software used for aerospace engineering and computational fluid dynamics. This specialized software could be used for industrial and military applications, such as development of advanced tactical missiles and aerodynamic design and assessment of weapons.

In executing the scheme, Song allegedly sent spear phishing emails to individuals employed in positions with the U.S. government, including NASA, the Air Force, Navy, and Army, and the Federal Aviation Administration. Song also sent spear phishing emails to individuals employed in positions with major research universities in Georgia, Michigan, Massachusetts, Pennsylvania, Indiana, and Ohio, and with private sector companies that work in the aerospace field. Song’s spear phishing emails appeared to the targeted victims as having been sent by a colleague, associate, friend, or other person in the research or engineering community. His emails requested that the targeted victim send or make available source code or software to which Song believed the targeted victim had access.

According to the indictment, while conducting this spear phishing campaign, Song was employed as an engineer at Aviation Industry Corporation of China (AVIC), a Chinese state-owned aerospace and defense conglomerate headquartered in Beijing. AVIC manufactures civilian and military aircrafts and is one of the largest defense contractors in the world.

In total, Song is charged with 14 counts of wire fraud and 14 counts of aggravated identity theft. If convicted, Song faces a maximum statutory penalty of 20 years in prison for each count of wire fraud. Song also faces a mandatory, two-year consecutive penalty in prison for aggravated identity theft. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

The FBI and the NASA’s Office of Inspector General are investigating the case.

Assistant U.S. Attorney Samir Kaushal for the Northern District of Georgia and Trial Attorney Tanner Kroeger of the National Security Division’s Cyber Section are prosecuting the case with assistance from the Counterintelligence and Export Control Section.

United States v. Teslenko (District of Massachusetts)

Massachusetts resident, Samer Bhambhani, 55, and Russian national, Maksim Teslenko, 35, have been charged with smuggling and one count of conspiracy to violate and evade export controls, commit smuggling, and defraud the United States. Bhambhani was arrested on Sept. 9 and was released on conditions following an initial appearance in federal court in Boston. Teslenko remains at large overseas.

It is alleged that from in or around 2015 through at least 2021, Bhambhani and Teslenko conspired to export laser welding machines from Bhambhani’s employer in the United States to the Ural Electromechanical Plant (UEMZ) in Yekaterinburg, Russia, while falsifying the export documentation submitted to the U.S. government in order to conceal the fact that the UEMZ was the true end user of the machines. The UEMZ is a subsidiary of Rosatom, a Russian state corporation headquartered in Moscow, that oversaw Russia’s civilian and military nuclear program. According to the indictment, Teslenko knew that the laser welding machines were intended for the portion of the UEMZ involving the Russian nuclear weapons program.

The charge of smuggling provides for a sentence of up to 10 years in prison, three years supervised release and a fine of up to $250,000. The charge of conspiracy provides for a sentence of up to five years in prison, three years supervised release and a fine of up to $250,000. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Assistant U.S. Attorneys Timothy H. Kistner and Laura S. Kaplan for the District of Massachusetts and Trial Attorney Sean O’Dowd of the National Security Division’s Counterintelligence and Export Control Section are prosecuting the case.

United States v. Goodarzi (Southern District of Texas)

Gholam Reza Goodarzi, also known as Ron Goodarzi, 76, a dual U.S. and Iranian citizen who resides in Porter, Texas, was arrested at the George Bush International Airport on Aug. 30 based on a criminal complaint alleging he smuggled parts and components used in the production of unmanned aerial vehicles (UAVs), as well as other manned aircraft, from the United States to Iran.

According to court documents, from December 1, 2020, through July 5, Goodarzi illegally exported aircraft-related parts, in addition to oil and drilling components, to Iran. As alleged, Goodarzi purchased U.S.-origin aircraft components from U.S.-based suppliers and then exported them to Iran – typically through Dubai, UAE. He also traveled to and from Iran multiple times per year and concealed aircraft parts and other items in his checked luggage. Goodarzi exchanged multiple emails with suppliers and customers, acknowledging that parts could not be shipped to Iran because of sanctions.

The complaint alleges that on several occasions, authorities searched Goodarzi’s luggage and found numerous aircraft parts and components hidden within articles of clothing. Some of the items had characteristics consistent with parts for the production of UAVs, as well as parts with electrical motor and generator applications. Goodarzi does not have the required licenses to export such items to sanctioned countries, including Iran, according to the complaint.

The FBI, with assistance from and Customs and Border Protection, is investigating the case. 

Assistant U.S. Attorney Heather Winter for the Southern District of Texas and Trial Attorney Christopher Cook of the National Security Division’s Counterintelligence and Export Control Section are prosecuting the case. 

United States v. Nader (District of Columbia)

U.S.-Iranian national Jeffrey Chance Nader, 66, of Arcadia, California, was arrested on Aug. 13, 2024, based on an indictment charging him with crimes related to the procurement of U.S.-manufactured aircraft components, including components used on military aircraft, in violation of U.S. economic sanctions and other federal laws.

According to the indictment, beginning at least in 2023, Nader and others conspired to purchase and export – and attempted to export – from the United States to Iran four types of aircraft components, totaling nearly three dozen individual pieces. Some of these components are for use on military aircraft operated by Iran’s armed forces, including the F-4 fighter jet.

Nader, acting on purchase orders he received from customers in Iran, would coordinate the purchase of relevant aircraft components with business associates in Iran, by which they would reach out to U.S.-based suppliers of such components. In several instances, Nader identified himself and his company, California-based Pro Aero Capital, to these U.S.-based suppliers as the end-user of these items. Victim companies in this procurement scheme were located across the United States.

Once the aircraft components were obtained, Nader attempted to export the items on multiple separate occasions. The items were then transshipped to the ultimate customer in Iran. None of the transactions discussed in the indictment were successfully exported; they were detained on export by a Special Agent with the Department of Commerce.

This case is being investigated by the FBI’s Washington Field Office and the Commerce Department’s Bureau of Industry and Security. Significant assistance was provided by the FBI’s Los Angeles Field Office.  

The case is being prosecuted by Assistant U.S. Attorney Steven B. Wasserman for the District of Columbia and Trial Attorney Sean Heiden of the National Security Division’s Counterintelligence and Export Control Section. Significant assistance was provided by the U.S. Attorney’s Office for the Central District of California.

*   *   *

Today’s actions were coordinated through the Justice and Commerce Departments’ Disruptive Technology Strike Force. The Disruptive Technology Strike Force is an interagency law enforcement strike force co-led by the Departments of Justice and Commerce designed to target illicit actors, protect supply chains and prevent critical technology from being acquired by authoritarian regimes and hostile nation states.  The Postovoy and Teslenko investigations were also coordinated through the Justice Department’s Task Force KleptoCapture, an interagency law enforcement task force dedicated to enforcing sanctions, export controls and economic countermeasures imposed in response to Russia’s unprovoked military invasion of Ukraine.

*   *   *

Also today, the Department is announcing the unsealing of an indictment in Chicago, Illinois, charging Chinese national Jia Wei with unlawfully accessing the computer network of a U.S. communications company to steal proprietary information for the benefit of the China-based entities. 

As alleged, Wei was a member of the People’s Liberation Army (PLA), the military of the People’s Republic of China, and assigned to a PLA unit tasked with obtaining communications and information of third parties through computer hacking. In March 2017, Wei and his co-conspirators accessed the U.S. company’s network without authorization approximately two days after the U.S. company filed a civil action against a China-based competitor for theft of communication-device trade secrets. Through this unauthorized access, Wei and his co-conspirators stole U.S. company documents relating to, among other things, the company’s civilian and military communication devices, product development, testing plans, internal product evaluations and commercial information about competitors. These documents pertained to some of the same technology and information that the China-based competitor stole from the U.S. company, as alleged in the civil action. In addition, Wei and his co-conspirators stole documents from the U.S. company discussing the China-based competitor.

During his unauthorized access, Wei and his co-conspirators attempted to install malicious software designed to provide persistent unauthorized access to the U.S. company’s network. Wei’s unauthorized access continued until approximately late May 2017.

The six-count indictment, returned in March 2022, charges Wei with wire fraud, conspiracy to commit computer intrusions, computer intrusions and aggravated identity theft. A warrant for his arrest has been issued. If convicted, Wei faces a maximum statutory penalty of 20 years in prison for each wire fraud count, five years in prison for each of the conspiracy and computer intrusion counts, and a mandatory, two-year consecutive penalty in prison for each aggravated identity theft count. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

The FBI Chicago Field Office is investigating the case.

Assistant U.S. Attorneys Melody Wells, Steven Dollear and Thomas Peabody for the Northern District of Illinois and Trial Attorney Brett Reynolds of the National Security Division are prosecuting the case. Significant assistance was provided by the National Security Division’s National Security Cyber Section.

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

Note: This press release was updated on Sept. 16, 2024, to include two additional cases.

Source: US FBI

Director Christopher Wray has named James E. Dennehy as the assistant director in charge of the FBI’s New York Field Office. Mr. Dennehy most recently served as the special agent in charge (SAC) of the Newark Field Office.

Mr. Dennehy joined the FBI as a special agent in 2002 and was assigned to the New York Field Office to work counterintelligence cases. In 2013, he was promoted to supervisory special agent of the counterintelligence and counter-proliferation squad in New York’s Hudson Valley and White Plains resident agencies.

In 2015, Mr. Dennehy transferred to FBI Headquarters to serve as a unit chief in the Counterproliferation Center and was promoted to an assistant section chief of the center in 2016. He returned to the New York Field Office in 2017 as the assistant special agent in charge over crisis management, recruiting, private sector engagement, community outreach, and several other programs.

In 2018, Mr. Dennehy was promoted to chief of staff to the executive assistant director of the National Security Branch, which is responsible for counterterrorism, counterintelligence, WMD, and Terrorist Screening Center missions, at FBI Headquarters. Mr. Dennehy then returned to the New York Field Office in 2019, serving in several roles, to include SAC of the Counterintelligence and Cyber Division.

Director Wray appointed Mr. Dennehy to serve as SAC of the Newark Field Office in July 2022. During his tenure in Newark, he prioritized cybercrime, health care fraud, and civil rights violations, to include the steep rise in hate and bias crimes against numerous communities in New Jersey. He also focused on violent crime, partnering closely with state and local law enforcement agencies to target repeat offenders and significantly reduce shootings statewide.

Mr. Dennehy earned a bachelor’s degree in civil engineering from Villanova University. Prior to joining the FBI, he served as an officer in the U.S. Marine Corps for seven years

Source: US FBI

Defendant Allegedly Led the Sinaloa Cartel with Joaquin “El Chapo” Guzman Loera for Decades and Continued for Years Since El Chapo’s Arrest

Source: US FBI

CLEVELAND – Six people have pleaded guilty in a 33-count indictment with illegally obtaining nearly $3,000,000 in Federal Pandemic Unemployment Assistance (PUA) benefits using other people’s personal identifying information. The PUA program is overseen by the U.S. Department of Labor and was created under the Coronavirus Aid, Relief, and Economic Security (CARES) Act of 2020 to provide temporary benefits to workers who lost work for COVID-19-related reasons.

According to court documents, from March 2020 to August 2021, the defendants, Clarissa Cheney, 30, of Cleveland Heights; Kevin Gilmore, 38, of Beachwood; Tiara Henderson, 37, of Lakewood; Ladessa Battle, 29, of South Euclid; Lynard Mitchell, 39, of South Euclid; and Marcelys Jones, 29, of Cleveland Heights, submitted fraudulent applications for PUA benefits to the California Employment Development Department (EDD) and other state workforce agencies around the country.

“The pandemic created unprecedented financial challenges for millions of Americans who were unable to work because their employers were forced to cut back business operations or close entirely.  PUA was intended to assist those individuals—workers in dire need of financial support while unemployed—yet these defendants stole millions of dollars from that program,” said U.S. Attorney Rebecca C. Lutzko for the Northern District of Ohio. “These guilty pleas demonstrate our office’s commitment to prosecute and hold criminally responsible those who try to scam federal relief programs, waste our tax dollars, and steal the identities of others.  We thank our law enforcement partners for helping us hold these defendants responsible for their crimes.”

The defendants falsified application details, such as employment history and residency, to appear eligible for PUA benefits. As a result, California EDD and other agencies approved nearly $3,000,000 in unemployment insurance benefits in the defendants’ names, and those of other individuals.  The benefits were pre-loaded onto bank-issued debit cards and sent through the U.S. mail.  After receiving the debit cards, some of the defendants used the cards to make cash withdrawals at various ATMs in the Northern District of Ohio.

“The deliberate and conniving actions to cheat a program designed to assist people who were affected by the Covid-19 pandemic is inexcusable,” said FBI Special Agent in Charge, Greg Nelsen. “Their actions, including exploiting the identities of a multitude of individuals, will have a profound and long-lasting impact. The FBI and our partners will continue to identify and investigate those who commit pandemic-related fraud and seek justice for the victims.”

The defendants are scheduled to be sentenced in September and October 2024 and face a maximum penalty of 20 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

“The defendants engaged in an unemployment insurance (UI) fraud scheme that targeted multiple state workforce agencies. These individuals conspired to file fraudulent UI claims in the names of other individuals, diverting vital taxpayer resources away from unemployed American workers in dire need of UI benefits. These guilty pleas affirm the U.S. Department of Labor, Office of Inspector General’s commitment to protecting the integrity of the UI program. We are grateful for our many law enforcement partners, including the U.S. Attorney’s Office,” said Dana Johnson, Acting Special Agent in Charge, Great Lakes Region, U.S. Department of Labor, Office of Inspector General.

The Department of Labor, Office of Inspector General, and the FBI investigated this case. This case was prosecuted by Assistant U.S. Attorneys Alejandro Abreu and Scott Zarzycki.

Source: US FBI

CLEVELAND – A federal court prohibited a Sandusky, Ohio-area physician from prescribing opioids and other controlled substances and ordered him to pay $4.7 million in a case alleging violations of the Controlled Substances Act (CSA) and the False Claims Act (FCA).

In a civil complaint filed in August 2018, the United States alleged that Gregory Gerber, MD, age 59, of Port Clinton, Ohio, who operated an office in Sandusky, unlawfully issued prescriptions without a legitimate medical basis for opioids and other controlled substances in violation of the CSA and the FCA. The complaint alleged that one patient died from an overdose of fentanyl patches prescribed by Gerber. The complaint further alleged that Gerber received kickback payments from a drug manufacturer as part of a scheme to unlawfully prescribe Subsys, a powerful opioid drug containing fentanyl, in violation of the FCA.

“Medical professionals who knowingly facilitate the abuse of opioids violate their legal obligations,” said Principal Deputy Assistant Attorney General Brian Boynton, head of the Justice Department’s Civil Division. “The department will pursue justice against anyone who seeks to profit from unlawfully prescribing opioids.”

“All doctors must follow the law when prescribing opioids — their patients, and the public more generally, rely on such compliance,” said U.S. Attorney Rebecca C. Lutzko for the Northern District of Ohio. “Gerber’s patients trusted him. But instead of safeguarding that trust, Gerber accepted payments from a drug company in exchange for prescribing dangerous, addictive drugs and wrote thousands of prescriptions that were not for a legitimate medical purpose. Our office will use all available tools — civil and criminal — to fight the opioid epidemic and protect patients and their families so that doctors like Gerber do not profit from abusing our healthcare system.” 

“Dr. Gerber betrayed the trust placed in him and willfully violated his oath to protect the public and the provisions of the Controlled Substance Act,” said Special Agent in Charge Orville O. Greene of the Drug Enforcement Administration (DEA)’s Detroit Field Division. “His reckless behavior contributed to the opioid crisis gripping the nation and brought suffering to many communities in northern Ohio. This ruling will hopefully deter other medical practitioners who are inclined to put profit over patient health and safety.”

“Health care professionals who exploit opioid addiction for financial gain do so at the risk of endangering their patients and undermining critical public health efforts to address the opioid epidemic,” said Deputy Inspector General Christian J. Schrank of Investigations of the U.S. Department of Health and Human Services Office of the Inspector General (HHS-OIG). “Working with our law enforcement partners, we will continue to work to ensure that bad actors are held accountable for such schemes in order to protect both patients and taxpayers.”

“Ignoring the law by distributing prescriptions to opioids for illicit profit harms the communities that physicians are meant to help,” said Executive Assistant Director Michael D. Nordwall of the FBI’s Criminal, Cyber, Response and Services Branch. “The FBI is glad that Gerber will not be able to prescribe controlled substances ever again.”

Gerber agreed to a consent judgment to settle the allegations in the complaint. The order entered by the court permanently prohibits Gerber from prescribing opioids or other controlled substances, permanently prohibits him from managing, owning or controlling any entity that dispenses controlled substances and requires Gerber to pay approximately $4.7 million under the FCA. Gerber was also sentenced in March to 42 months in prison and one year of home confinement in a related criminal case brought by the United States Attorney’s Office for the Northern District of Ohio.

U.S. District Judge Jeffrey J. Helmick entered the judgment and permanent injunction in U.S. District Court for the Northern District of Ohio. In August 2018, Judge Helmick issued a temporary restraining order and preliminary injunction prohibiting Gerber from prescribing opioids or other controlled substances.

The DEA, FBI, HHS-OIG, Ohio Attorney General’s Medicaid Fraud Control Unit, State of Ohio Board of Pharmacy and State Medical Board of Ohio investigated the case.

Assistant U.S. Attorneys Patricia Fitzgerald and Angelita Cruz Bridges for the Northern District of Ohio and Trial Attorney Scott B. Dahlquist of the Civil Division’s Consumer Protection Branch handled the case.

The claims made in the complaint are allegations that the United States would need to prove by a preponderance of the evidence if the case proceeded to trial.

View Consent Decree

Source: US FBI

TOLEDO – Ankita Singh, 42, formerly of Maumee, Ohio, was sentenced to 26 months in prison by U.S. District Judge Jack Zouhary, for her role in a durable medical equipment (DME) scheme that defrauded the U.S. Department of Health and Human Services Medicare Program. She was also ordered to pay restitution in the amount of $4,470,931.02, serve two years of supervised release, and pay a special assessment fee of $600.

On Feb. 29, 2024, a jury found Singh guilty of six counts of health care fraud for signing false orders for orthotic braces, that patients never requested and did not need, as part of a DME scheme.

Beginning in 2019, Singh worked as an independent contractor for at least two companies, to purportedly provide “telehealth services,” and was paid a fee to conduct patient consultations. The consultations never took place. Telemarketers would cold call Medicare beneficiaries and tell them that orthotic braces would be provided to them at no cost. The beneficiaries were not previously Singh’s patients and she never spoke to them. Singh never saw them in person and did not conduct a telehealth visit. The telemarketers would prepare orders with the beneficiaries’ names, Medicare numbers, and purported diagnosis to support a false diagnosis that the braces were medically necessary. Orders were then electronically sent to Singh to affix her signature and certify that she was treating the Medicare beneficiary and affirm that the brace was medically necessary. Singh signed more than 11,000 prescriptions for orthotic braces for approximately 3,000 Medicare beneficiaries with whom she had no patient-physician relationship, and frequently ordered multiple braces for each patient, without ever having examined them.

As a result of Singh’s false orders, more than $8 million was billed to Medicare for orthotic devices that were not medically necessary. In all, Medicare paid approximately $4.47 million in claims for the fraudulent prescriptions that Singh signed.

This case was prosecuted by Assistant U.S. Attorneys Gene Crawford and Angelita Cruz Bridges for the Northern District of Ohio. The case was investigated by the U.S. Department of Health and Human Services (HHS) – Office of Inspector General, and the FBI.

To report suspected health care fraud, waste, abuse, or mismanagement of HHS programs, visit https://oig.hhs.gov/fraud/report-fraud/contact/ or call 1-800-447-8477.

Source: US FBI

The Justice Department announced that Rite Aid Corporation and Rite Aid subsidiaries, Elixir Insurance Company, RX Options LLC and RX Solutions LLC, have agreed to resolve allegations that they violated the False Claims Act (FCA) by failing to accurately report drug rebates to the Medicare Program. As part of the settlement, Elixir Insurance and Rite Aid will pay the United States $101 million, and RX Options and RX Solutions will grant the United States an allowed, unsubordinated, general unsecured claim for a total of $20 million in Rite Aid’s bankruptcy case pending in the District of New Jersey. The settlement is based on the companies’ ability to pay and was approved on June 28 by the bankruptcy court as part of Rite Aid’s plan of reorganization, which is expected to become effective later this summer. In addition to operating one of the country’s largest retail pharmacy chains, Rite Aid offered Medicare drug plans and pharmacy benefits manager (PBM) services through Elixir Insurance, RX Options and RX Solutions.  

“Participants in Medicare’s drug program must accurately report price concessions, including drug manufacturer rebates, to ensure that the government receives the benefit of those concessions,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “Today’s settlement reflects the Justice Department’s commitment to hold accountable entities that pursue their own financial interests at the expense of taxpayer programs.”

“Rite Aid and its Elixir subsidiaries lined their corporate pockets with millions of dollars of manufacturer rebates that should have been reported to Medicare,” said U.S. Attorney Rebecca C. Lutzko for the Northern District of Ohio. “Each of those dollars could have been used to benefit Americans with genuine health care needs. Our office will not tolerate deceptive health-insurance practices, and we will vigorously pursue those who violate the FCA.”

Under Medicare Part D, private entities known as Part D Plan Sponsors offer and administer insurance plans that provide prescription drug coverage to enrolled Medicare beneficiaries. Part D Sponsors must submit annual reports to the Centers for Medicare and Medicaid Services (CMS) with information about rebates and other remuneration the Plans received from drug manufacturers in connection with the Part D drugs provided to beneficiaries, which ensures that the government receives the benefit of any price concessions provided by drug manufacturers to purchasers of the drugs covered under the Part D plan. CMS relies on the reports in the annual reconciliation process that determines payments due to the Plans or CMS at the end of the year.

The settlement resolves allegations that, between 2014 and 2020, the defendants improperly reported to CMS portions of rebates received from manufacturers as bona fide service fees, even though manufacturers did not negotiate with the defendants to pay such fees. The United States further alleged that Elixir Insurance knew the retained rebates did not meet the regulatory definition of bona fide services fees.

“Truthful and accurate documentation in the delivery of health care goods or services is crucial to the integrity of federal health care programs,” said Deputy Inspector General for Investigations Christian J. Schrank of the Department of Health and Human Services Office of Inspector General (HHS-OIG). “Improper submission of manufacturer drug rebates and fees by Part D Plan Sponsors for pharmaceutical products in order to make more money will not be tolerated. Collaborating with our law enforcement partners, HHS-OIG is committed to preventing and investigating health care fraud in Medicare and other taxpayer-funded health care programs.”

The civil settlement includes the resolution of claims brought in 2021 under the qui tam, or whistleblower, provisions of the False Claims Act by Glenn Rzeszutko, who previously worked for RX Options. The FCA authorizes a private party to sue on behalf of the United States and share in any recovery. The qui tam case is captioned United States ex rel. Rzeszutko v. Rite Aid Corporation et al., No. 5:21-CV-574 (N.D. Ohio). The relator’s share of these proceeds has not yet been determined.

Trial attorneys Christopher Wilson and Dan Schiffer of the Civil Division’s Fraud Section and Assistant U.S. Attorney Jackson Froliklong for the Northern District of Ohio handled this matter. HHS-OIG and the FBI Cleveland Field Office provided substantial assistance in the investigation. Trial Attorneys Mary Schmergel, Gregory Werkheiser and Ryan Lamb of the Civil Division’s Corporate/Financial Litigation Section are handling the Rite Aid bankruptcy.

The settlements illustrate the government’s emphasis on combating health care fraud. One of the most powerful tools in this effort is the FCA. Tips and complaints from all sources about potential fraud, waste, abuse and mismanagement can be reported to HHS at 800-HHS-TIPS (800-447-8477).

The claims asserted against defendants are allegations only. There has been no determination of liability.

Settlement

Source: US FBI

Source: US FBI

            WASHINGTON – An Ohio man pleaded guilty today to a felony charge stemming from his conduct during the breach of the U.S. Capitol on Jan. 6, 2021. His actions and the actions of others disrupted a joint session of the U.S. Congress convened to ascertain and count the electoral votes related to the 2020 presidential election.

            Adrian Schmidt, 26, of Cincinnati, Ohio, pleaded guilty to a felony charge of civil disorder before U.S. District Judge Ana C. Reyes. Judge Reyes will sentence Schmidt on Sept. 10, 2024.

            According to court documents, Schmidt traveled from Cincinnati to Washington, D.C., to attend the former President’s rally on the National Mall. At about 12:50 p.m., Schmidt made his way to a line of barricades erected by U.S. Capitol Police (USCP) officers around the Capitol building near the Peace Circle Monument. Here, Schmidt was amongst a group of rioters pushing on the barricades, which eventually led to the breach of the outer perimeter of the Capitol.

            After breaching the Peace Circle Monument barricades, Schmidt and the mob of rioters surged toward the Capitol, into the restricted area. Schmidt then stood on top of a small wall and yelled towards other rioters, “Our House!” and “Whose House?” Schmidt then made his way to the front of the mob that had gathered near a black metal fence on the West Plaza and jumped over the fencing as the mob surged forward toward a line of USCP officers.

            Schmidt again moved to the front of the mob and confronted the line of USCP officers on the West Plaza. He used his cellphone to record a video where he chanted, “Whose House?” Schmidt then turned towards the USCP officers guarding the West Plaza and said, “We’re right here (pointing at the ground). Whose platform? Our platform!”

            Court documents say that between 1:00 and 2:45 p.m., the mob on the West Plaza became more and more confrontational with the line of USCP officers. During this time, Schmidt again confronted the officers and, on several occasions, obstructed, impeded, and interfered with the USCP officers. Specifically, he pushed backward against police officers and their riot shields on the West Plaza.

            Following his confrontation with police, Schmidt made his way to the Upper West Plaza and, at about 2:45 p.m., entered the Capitol building via the Upper West Terrace Doors with his fist raised in the air as fire alarms from the doors were loudly ringing. Over the next two minutes, Schmidt traveled into the Rotunda, and entered Statuary Hall. At approximately 2:51 p.m., Schmidt exited the Capitol via the East Foyer Doors. He later reentered the building through the same doors at approximately 3:15 p.m.

            Schmidt remained in the East Foyer until he was forced out of the Capitol by officers at approximately 3:30 p.m. Schmidt remained on Capitol grounds, circling from the East Foyer to the West Plaza until the early evening of January 6^th.

            The FBI arrested Schmidt on July 28, 2023, in Ohio.  

            The U.S. Attorney’s Office for the District of Columbia and the Department of Justice National Security Division’s Counterterrorism Section are prosecuting this case. The U.S. Attorney’s Office for the Southern District of Ohio provided valuable assistance. 

           This case was investigated by the FBI’s Cincinnati and Washington Field Offices. Valuable assistance was provided by the U.S. Capitol Police and the Metropolitan Police Department.

            In the 40 months since Jan. 6, 2021, more than 1,424 individuals have been charged in nearly all 50 states for crimes related to the breach of the U.S. Capitol, including more than 500 individuals charged with assaulting or impeding law enforcement, a felony. The investigation remains ongoing.

            Anyone with tips can call 1-800-CALL-FBI (800-225-5324) or visit tips.fbi.gov.