Category: Security

Source: US FBI

CHARLOTTE, N.C. – U.S. Attorney Dena J. King announced today that LabXperior Corporation (LabXperior) and owner Tina Ball (Ball) have paid $235,000 to resolve allegations that they violated the Federal False Claims Act and North Carolina False Claims Act by knowingly billing North Carolina Medicaid (Medicaid) for urine drug tests that were medically unnecessary and resulted from violations of the Anti-Kickback Statute.

The United States and State of North Carolina alleged that from September 28, 2016, through December 20, 2017, LabXperior submitted claims to Medicaid for urine drug tests that were false. The claims were false because they were the result of an illegal kickback arrangement between LabXperior and BPolloni Consulting, LLC (BPolloni), an entity that referred urine drug tests to LabXperior. Under the arrangement, LabXperior paid BPolloni a percentage of the revenue or profit from the Medicaid reimbursement for each urine drug test that BPolloni arranged for another entity, Do It 4 the Hood Corporation (D4H), to send to LabXperior. The Chief Executive Officer of BPolloni and other individuals who operated D4H previously pleaded guilty to conspiracy to commit health care fraud and Anti-Kickback Statute violations arising from D4H’s illegal kickback arrangements with urine drug testing laboratories.

In addition to being tainted by illegal kickbacks, the United States and State of North Carolina alleged that claims for drug tests that LabXperior submitted to Medicaid were false because the tests were medically unnecessary. Specifically, the orders for the tests were not patient-specific and did not reflect a qualified medical provider’s determination of the patient’s need for the testing.

The civil settlement and resolution of claims obtained in this matter was the result of a coordinated effort between the U.S. Attorney’s Office and the FBI in Charlotte, with assistance from the Medicaid Investigations Division of the North Carolina Attorney General’s Office, the Office of Inspector General of the United States Department of Health and Human Services, and the Internal Revenue Service Criminal Investigations.

The investigation and resolution of this matter illustrates the government’s emphasis on combating health care fraud.  One of the most powerful tools in this effort is the False Claims Act.

Tips and complaints from all sources about potential fraud, waste, abuse, and mismanagement, can be reported to the Department of Health and Human Services at 800-HHS-TIPS (800-447-8477).

Source: US FBI

CHARLOTTE, N.C. – United States Attorney Dena J. King announced today that Assistant United States Attorneys (AUSAs) Michael Savage in Charlotte, and Don Gast in Asheville, will lead the efforts of the Office in connection with the Justice Department’s nationwide Election Day Program for the upcoming November 5, 2024, general election.

AUSAs Michael Savage and Don Gast have been appointed to serve as District Election Officers (DEOs) for the Western District of North Carolina, and in that capacity they are responsible for overseeing the District’s handling of election day complaints of voting rights concerns, threats of violence to election officials or staff, and election fraud, in consultation with Justice Department Headquarters in Washington.

United States Attorney King said, “Every citizen must be able to vote without interference or discrimination and to have that vote counted in a fair and free election.  Similarly, election officials and staff must be able to serve without being subject to unlawful threats of violence.  The Department of Justice will always work tirelessly to protect the integrity of the election process.”

The Department of Justice has an important role in deterring and combatting discrimination and intimidation at the polls, threats of violence directed at election officials and poll workers, and election fraud. The Department will address these violations wherever they occur. The Department’s longstanding Election Day Program furthers these goals and also seeks to ensure public confidence in the electoral process by providing local points of contact within the Department for the public to report possible federal election law violations.

Federal law protects against such crimes as threatening violence against election officials or staff, intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input. It also contains special protections for the rights of voters, and provides that they can vote free from interference, including intimidation, and other acts designed to prevent or discourage people from voting or voting for the candidate of their choice. The Voting Rights Act protects the right of voters to mark their own ballot or to be assisted by a person of their choice (where voters need assistance because of disability or inability to read or write in English).  

U.S. Attorney King stated that, “The franchise is the cornerstone of American democracy. We all must ensure that those who are entitled to the franchise can exercise it if they choose, and that those who seek to corrupt it are brought to justice.”

In order to respond to complaints of voting rights concerns and election fraud during the upcoming election, and to ensure that such complaints are directed to the appropriate authorities, AUSAs/DEOs Savage and Gast will be on duty in this District while the polls are open. AUSA Savage can be reached by the public in Charlotte at 704-344-6222, and AUSA Gast can be reached in Asheville at 828-271-4661.

In addition, the FBI will have special agents available in each field office and resident agency throughout the country to receive allegations of election fraud and other election abuses on election day. The local FBI field office can be reached by the public at 704-672-6100.        

Complaints about possible violations of the federal voting rights laws can be made directly to the Civil Rights Division in Washington, DC by complaint form at https://civilrights.justice.gov/ or by phone at 800-253-3931.

U.S. Attorney King said, “Ensuring free and fair elections depends in large part on the assistance of the American electorate. It is important that those who have specific information about voting rights concerns or election fraud make that information available to the Department of Justice.”

Please note, however, in the case of a crime of violence or intimidation, please call 911 immediately and before contacting federal authorities.  State and local police have primary jurisdiction over polling places, and almost always have faster reaction capacity in an emergency.

 

Source: US FBI

CHARLOTTE, N.C. – A federal grand jury returned a criminal indictment this week, charging Matias Alexander Vinces Aguayo, 24, formerly of Gastonia, N.C., with conspiring with others to launder over $380,000 in illegal proceeds from a wire fraud scheme, announced Dena J. King, U.S. Attorney for the Western District of North Carolina.

Robert M. DeWitt, Special Agent in Charge of the Federal Bureau of Investigation (FBI), Charlotte Division, joins U.S. Attorney King in making today’s announcement.

According to allegations in the indictment, during the scheme, Aguayo owned and operated Keys ‘N Go, a North Carolina company located in Gastonia, which maintained online payment processing accounts with Stripe and Square. In addition, the indictment further alleges that Aguayo owned and controlled personal and business bank accounts with a financial institution, including in the name of Keys ‘N Go, and a cryptocurrency exchange account at Binance.US.

According to allegations in the indictment, Aguayo’s co-conspirators used fraudulently obtained personally identifying information (PII) to open bank accounts online in order to receive promotional money and other fraudulently obtained funds, which was then deposited into the bank accounts. A co-conspirator of Aguayo then allegedly sent the bank account information to Aguayo, who used it to withdraw the money from the accounts via the Keys ‘N Go accounts at Stripe and Square. It is further alleged that, after receiving the Stripe and Square deposits into the Keys ‘N Go bank account at the financial institution, a co-conspirator provided Aguayo with directions to transfer the proceeds from the accounts Aguayo controlled to overseas bank accounts in Pakistan and to cryptocurrency addresses. In total, Aguayo allegedly transferred at least $240,000 to cryptocurrency addresses and via wire transfers. Aguayo earned compensation for his role in the scheme, including keeping a percentage of the money initially deposited into the accounts he controlled.  

The money laundering conspiracy charge carries a maximum sentence of 20 years in prison and a $500,000 fine or twice the value of the property involved in the transaction.

The charges against Aguayo are allegations and the defendant is innocent until proven guilty beyond a reasonable doubt in a court of law.

In making today’s announcement, U.S. Attorney King thanked the FBI for their investigation of the case.

Assistant U.S. Attorney Caryn Finley of the U.S. Attorney’s Office in Charlotte is prosecuting the case. 

Source: US FBI

Edward Y. Kim, the Acting United States Attorney for the Southern District of New York, and James E. Dennehy, the Assistant Director in Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), announced today the unsealing of an Indictment charging CHEUK FUNG RICHARD HO with theft and attempted theft of trade secrets.  The charges in the Indictment arise from HO’s alleged scheme to steal trade secrets from his former employer (“Firm-1”), a global quantitative trading firm.  HO was arrested this morning in Los Angeles, California, and will be presented this afternoon before U.S. District Court for the Middle District of California, Magistrate Judge the Honorable Joel Richlin.

Acting U.S. Attorney Edward Kim said: “As alleged, Cheuk Fung Richard Ho abused the trust his former employer placed in him and stole trade secrets to use at his own quantitative trading firm.  Ho allegedly tried to cover his tracks by lying to his former employer repeatedly and asking his employees to delete evidence.  Thanks to the FBI, Ho is now in custody.”

FBI Assistant Director in Charge James E. Dennehy said: “Cheuk Fung Richard Ho allegedly stole and unlawfully shared private proprietary information to clandestinely develop his own firm in collaboration with his employer’s competitors.  The defendant allegedly abused his trusted position by breaching company confidentiality agreements to the detriment of his former firm.  The FBI will continue to apprehend any individual who attempts to garner success through manipulative and dishonest business strategies.”

As alleged in the Indictment:^[1]

From approximately July 2019 to approximately August 2021, HO was a research developer and quantitative trader at Firm-1, a global, quantitative trading firm, which trades in equities and other securities on exchanges located in the U.S. and abroad.  Firm-1’s proprietary source code (“Firm-1’s Source Code”), the development of which took years and cost Firm-1 more than one billion dollars, has been the linchpin of Firm-1’s success in these markets.  During the period of HO’s employment at Firm-1, Firm-1 took substantial measures to protect the confidentiality of its Source Code.  Among other things, Firm-1 limited access to Firm-1’s Source Code to only those individuals, like HO, who needed access to it in connection with the duties of their employment.  Employees with access to Firm-1’s Source Code were required to enter into agreements with Firm-1 in which they acknowledged the importance of keeping Firm-1’s Source Code secret and promised to protect the confidentiality of that Source Code throughout their employment—and after their employment concluded.  Firm-1 also implemented numerous physical and network security protocols to prohibit unauthorized access to Firm-1’s Source Code.

In or about the spring of 2021, HO secretly started his own quantitative trading firm (“Firm-2”), which partnered with one of Firm-1’s competitors (“Firm-3”). While still employed at Firm-1, and while taking advantage of the nearly complete access to Firm-1’s Source Code afforded to him as a result of that employment, HO stole valuable trade secrets from Firm-1 (the “Stolen Trade Secrets”) for use in developing the source code for Firm-2 (“Firm-2’s Source Code”). The Stolen Trade Secrets included, among other things, some of the very building blocks of Firm-1’s Source Code, known as “Atoms,” as well as some of its predictive formulas, known as “Alphas.” By stealing these trade secrets, HO was able to quickly launch Firm-2 and begin trading successfully.

Aware that he had misappropriated Firm-1’s trade secrets—and knowing that this theft would injure Firm-1—HO repeatedly lied to Firm-1 about his plans after his employment with Firm-1 concluded.  For example, when Firm-1 asked HO about his post-Firm-1 employment plans, HO omitted any mention of the fact that he had started Firm-2 and he misrepresented his affiliation with Firm-3.  And once Firm-1 learned that HO had started Firm-2, HO sought to destroy evidence.  He directed his employees to delete their internal communications and further directed them to delete the source code history for Firm-2’s Source Code, a direction that HO’s employees did not follow.

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HO, 36, of Los Aneles, California, is charged with one count of theft and attempted theft of trade secrets, which carries a maximum sentence of 10 years in prison.

The statutory maximum sentence in this case is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendant will be determined by a judge.

Mr. Kim praised the investigative work of the FBI.

This case is being handled by the Office’s Complex Frauds and Cybercrime Unit.  Assistant U.S. Attorneys Rushmi Bhaskaran and Ni Qian are in charge of the prosecution.

The allegations in the Indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.

Source: US FBI

Edward Y. Kim, the Acting United States Attorney for the Southern District of New York, announced that ROBERT PIARO, the treasurer of multiple political action committees (“PACs”), pled guilty today to committing telemarketing wire fraud in connection with his scheme to defraud donors to his PACs through false and misleading statements.  PIARO pled guilty before U.S. District Judge Arun Subramanian. 

Acting U.S. Attorney Edward Y. Kim said: “Robert Piaro deceived hundreds of thousands of donors through false statements and misrepresentations about how contributions to his PACs would be spent.  Piaro’s fraudulent actions not only undermined the trust of donors but also exploited their interest in supporting certain causes for his own personal gain.  Today’s plea highlights this Office’s dedication to holding accountable those who misuse political organizations to defraud and mislead the public.”

According to the allegations in the Indictment, court filings, and statements made in Court:

PACs are entities registered with the Federal Election Commission that may be tax-exempt and collect money to advocate on behalf of or against certain causes and political candidates. 

From at least in or about 2017 up to and including at least in or about December 2022, PIARO was the treasurer and operator of four PACs: Americans for the Cure of Breast Cancer, the Association for Emergency Responders & Firefighters, the US Veterans Assistance Foundation, and Standing By Veterans (the “PIARO PACs”).  PIARO raised millions of dollars from hundreds of thousands of donors nationwide through false statements and misrepresentations about how contributions to the PIARO PACs would be spent.  For example, at PIARO’s direction, the PIARO PACs misrepresented to donors that donations would be used to advance specific legislation, educate lawmakers, and conduct and fund research, when PIARO did not and did not intend to follow through on those representations.    

If you believe you are a victim of fraud perpetrated by PIARO, please contact USANYS.PACFraud@usdoj.gov or the Federal Bureau of Investigation (“FBI”) at 1-800-CALL-FBI or tips.fbi.gov, and find more information here: https://www.justice.gov/usao-sdny/united-states-v-robert-piaro.

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PIARO, 74, of Fredonia, Wisconsin, pled guilty to one count of wire fraud in connection with telemarketing, which carries a maximum sentence of 25 years in prison.

The maximum potential sentence is prescribed by Congress and provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.  PIARO is scheduled to be sentenced by Judge Subramanian on April 14, 2025.

Mr. Williams praised the outstanding investigative work of the FBI.   

This case is being handled by the Office’s Public Corruption Unit.  Assistant U.S. Attorneys Rebecca T. Dell and Jane Kim are in charge of the prosecution.

Source: US FBI

During a Call for Assistance, Sgt. Mario Stewart Tased a Handcuffed, Restrained Individual Seven Times in Two Minutes

Source: US FBI

Defendant Used Straw Donors and Submitted Forged Documents in Attempt to Steal $400,000 in Matching Funds From New York City

Source: US FBI

BUFFALO, N.Y. — U.S. Attorney Trini E. Ross announced today that a federal grand jury has returned an indictment charging Mario Pittman Jr., 30, of Buffalo, NY, with possession with intent to distribute methamphetamine, which carries a maximum penalty of life in prison.

Assistant U.S. Attorney Jeffrey E. Intravatola, who handled the case, stated that according to the indictment and a previously filed complaint, since March 2024, the FBI Safe Streets Task Force and the Lackawanna Police Department have been investigating Pittman’s drug trafficking activities. The investigation included multiple controlled purchases of methamphetamine from Pittman. The investigation also determined that Pittman has two prior violent felony convictions.

The indictment is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Matthew Miraglia, the Lackawanna Police Department, under the direction of Chief Mark Packard, and the Erie County Sheriff’s Office, under the direction of Sheriff John Garcia.

The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.  

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Source: US FBI

BUFFALO, N.Y. – U.S. Attorney Trini E. Ross announced today that John Stuart, 35, of Cheektowaga, NY, pleaded guilty before U.S. Magistrate Judge Jeremiah J. McCarthy to possession of child pornography involving a prepubescent minor, which carries a maximum penalty of 20 years in prison, and a fine of $250,000.

Assistant U.S. Attorney David J. Rudroff, who is handling the case, stated that in August 2019, the FBI received a lead indicating that in May 2019, an online user accessed child sexual abuse and exploitation material via a website on the Tor network. Subsequent investigation traced the IP address to Stuart. In October 2020, a search warrant was executed at Stuart’s residence, during which law enforcement seized multiple electronic devices, including two laptop computers, a cell phone, a hard drive, and a desktop computer tower. A forensic review recovered approximately 8,000 videos and approximately 2,000 images of child pornography on one of the laptops, and approximately 150 images and one video of child pornography on the second laptop. Approximately 90 images and 150 videos of child pornography were recovered from the cell phone and approximately 90 images and two videos on the hard drive. Some of the images included depictions of violence against children.

Stuart also admitted during his plea that during the execution of the search warrant, law enforcement recovered live marijuana plants, more than a pound of dried marijuana ready for consumption, and that he was a chronic user of marijuana. Stuart was also found to be in possession of three firearms. Because he was a user of controlled substances, Stuart was legally prohibited from owning or possessing firearms.

The plea is the result of an investigation by the Federal Bureau of Investigation, Child Exploitation Task Force, under the direction of Special Agent-in-Charge Matthew Miraglia, and the Cheektowaga Police Department, under the direction of Chief Brian Coons. 

Sentencing will be scheduled at a later date.    

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Source: US FBI

BUFFALO, N.Y. – U.S. Attorney Trini E. Ross announced today that a federal grand jury has returned a three-count indictment charging Robert L. Robinson with possession with intent to distribute cocaine,  possession with intent to distribute cocaine, possession of firearms in furtherance of drug trafficking, and being a felon in possession of firearms. The charges carry a maximum penalty of life in prison.

Assistant U.S. Attorney Louis A. Testani, who is handling the case, stated that according to the indictment and a previously filed complaint, on June 7, 2024, law enforcement executed a search warrant at Robinson’s Buffalo residence. During the search, investigators recovered quantities of suspected cocaine and marijuana, $35,869.00 in cash, two firearms, ammunition, and drug paraphernalia. One of the firearms was reported as a duty weapon stolen from a member of the Miami Dade Police Department on July 18, 2019. After the execution of the search warrant, Robinson was taken into custody.

Robinson was previously convicted of felony crimes in 2003 and 2011 and is legally prohibited from possessing firearms.

The indictment is the result of an investigation by the Federal Bureau of Investigation, Child Exploitation Task Force, under the direction of Special Agent-in-Charge Matthew Miraglia, and the Erie County Sheriff’s Office, under the direction of Sheriff John Garcia. 

The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.