Category: Security

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.

Source: US FBI

COLUMBUS, Ohio – Omoruyi O. Uwadiae, 28, of Chicago, offered a guilty plea in U.S. District Court today to cyberstalking, sextortion and identity theft crimes. His scheme involved dozens of victims in multiple states, including Ohio, Colorado and Washington.

According to his plea documents, Uwadiae admitted to obtaining sexually explicit photographs and videos from potential victims and then using the content to threaten them. Uwadiae threatened to distribute the explicit material widely on the internet and specifically to victims’ friends, family members, employers and others.

The defendant demanded money from some victims. From others, he demanded they meet him, have sex with him, or make damaging admissions such as admissions that they were racist. On multiple occasions, Uwadiae carried through with his threats. He sent sexually explicit photographs and videos to the victims’ friends, family members (including at least one victim’s mother, at least one victim’s brother, and at least one victim’s sister), employers and acquaintances, and also posted sexually explicit photographs and videos widely on the internet.

Multiple victims had not publicly disclosed their sexual orientation, which Uwadiae’s actions disclosed, contrary to their wishes. The defendant also used victims’ identifications to create false accounts on social media and post personal information about the victims online.

Uwadiae targeted young gay men on Grindr and other online sites. He would obtain their sexually explicit photographs and videos consensually and then use them to extort. In some cases, he posted their nude images on Male General without their consent and then demanded money or other things of value to take down the images. Male General is a blog marketed to gay men containing, among other things, boards where users can post images and text.

For example, one victim was a student at The Ohio State University who communicated with Uwadiae on Grindr. Uwadiae ultimately demanded that the victim either pay him $200 or have sex with him. When the victim did not comply, Uwadiae created false social media accounts using true photos of the victim, stating, “this guy is gay, see pics for evidence.” The victim had not disclosed his sexual orientation to his family and had told Uwadiae he was concerned that his family would react negatively if they learned he was bisexual.

Uwadiae was charged in the Southern District of Ohio in April by a bill of information.

As part of his plea, Uwadiae pleaded guilty to 22 total counts. He pleaded guilty to eight counts of cyberstalking (punishable by up to five years in prison), seven counts of making interstate communications with the intent to extort (up to two years in prison) and seven counts of unlawfully using a means of identification (up to five years in prison).

Congress sets the maximum statutory sentences and sentencing of the defendant will be determined by the Court based on the advisory sentencing guidelines and other statutory factors at a future hearing.

Kenneth L. Parker, United States Attorney for the Southern District of Ohio, announced the guilty plea offered today before U.S. Magistrate Judge Norah McCann King. Assistant United States Attorney Peter K. Glenn-Applegate and Senior Litigation Counsel Heather A. Hill are representing the United States in this case, which was investigated by the FBI and the Columbus Division of Police.

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Source: US FBI

COLUMBUS, Ohio – A former Nationwide Children’s Hospital employee who treated child burn patients pleaded guilty in U.S. District Court today to downloading, exchanging and receiving child pornography.

Ryan Ramos, 38, of Columbus, pleaded guilty to one count of distributing and receiving child pornography and one count of possessing child pornography. He faces an imprisonment range of five to 20 years in prison.

Ramos worked at Nationwide Children’s Hospital from 2018 until 2020 and then at The Ohio State University Wexner Medical Center in the ICU in burn trauma until 2023.

According to court documents, a 2020 FBI investigation in their Brooklyn-Queens office led agents to discover Ramos’s participation in a Signal app group dedicated to the exchange of child pornography.

Ramos shared hundreds of images and videos of child sexual abuse, including abuse of young boys and infants, to the chat group.

Further investigation into Ramos revealed that, in 2018, he had paid a sexual offender in New York City and received child pornography created by the offender in exchange for his payment. Ramos sent more than $500 via PayPal to the child exploiter.

Ramos’s iPhone contained more than 346,000 Signal, Telegram and other online chat messages, in most of which Ramos was distributing, seeking, receiving or discussing child pornography.

Ramos was charged by a bill of information on May 6 and pleaded guilty during his arraignment in federal court this afternoon. He is in custody pending sentencing.

Congress sets the minimum and maximum statutory sentences. Sentencing of the defendant will be determined by the Court based on the advisory sentencing guidelines and other statutory factors.

Kenneth L. Parker, United States Attorney for the Southern District of Ohio, and Elena Iatarola, Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division, announced the guilty plea entered today before U.S. District Judge Sarah D. Morrison. Assistant United States Attorney Emily Czerniejewski is representing the United States in this case.

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Source: US FBI

COLUMBUS, Ohio – A plea agreement was unsealed today in which a Licking County man pleaded guilty to creating and distributing videos depicting acts of extreme violence and sexual abuse against monkeys.

Ronald P. Bedra, of Etna, pleaded guilty to conspiring to create and distribute “animal crush” videos.

According to court documents, Bedra conspired with others to create and distribute the videos that depicted acts of sadistic violence against baby and adult monkeys, including having digits and limbs severed and being forcibly sodomized with a heated screwdriver.

The conspirators used encrypted chat apps to direct money to individuals in Indonesia willing to commit the requested acts of torture on camera. Bedra also mailed a thumb drive containing 64 videos of monkey torture to a co-conspirator in Wisconsin.

Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division (ENRD) and U.S. Attorney Kenneth L. Parker for the Southern District of Ohio made today’s announcement.

The U.S. Fish and Wildlife Service and FBI investigated the case.

Trial Attorney Mark Romley and Senior Trial Attorney Adam Cullman of ENRD’s Environmental Crimes Section and Assistant U.S. Attorney Nicole Pakiz for the Southern District of Ohio are prosecuting the case.

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Source: US FBI

An Ohio physician was sentenced today to seven years in prison for unlawfully distributing opioids from his clinic.

According to court documents and evidence presented at trial, Thomas Romano, 74, of Wheeling, West Virginia, owned and operated a self-named pain management clinic in Martin’s Ferry, Ohio, to which individuals traveled hundreds of miles to obtain prescriptions for opioids and other controlled substances. The prescriptions Romano issued for opioids and other controlled substances greatly exceeded recommended dosages and were in dangerous, life-threatening combinations that fueled the addiction of the individuals to whom he prescribed. Between October 2014 and September 2019, Romano prescribed over 137,000 pills, including opioids, benzodiazepines, and muscle relaxants, to nine individuals.

A federal jury convicted Romano in September 2023 of 24 counts of unlawfully distributing controlled substances in violation of the Controlled Substances Act.  

Principal Assistant Attorney General Nicole M. Argentieri, head of the Justice Department’s Criminal Division; U.S. Attorney Kenneth L. Parker for the Southern District of Ohio; Special Agent in Charge Orville O. Greene of the Drug Enforcement Administration (DEA) Detroit Field Division; Special Agent in Charge J. William Rivers of the FBI Cincinnati Field Office; and Special Agent in Charge Mario M. Pinto of the Department of Health and Human Services Office of Inspector General (HHS-OIG) made the announcement.

The DEA, FBI, HHS-OIG, Ohio Bureau of Workers’ Compensation, and Ohio Board of Pharmacy investigated this case.

Trial Attorneys Devon Helfmeyer and Danielle Sakowski and Counsel Alexis Gregorian of the Criminal Division’s Fraud Section prosecuted the case.

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-fraud/health-care-fraud-unit.