Five Alleged Sinaloa Cartel Money Launderers Charged

Source: US FBI

SAN DIEGO – Two federal grand jury indictments were unsealed in San Diego today against five alleged Sinaloa Cartel money launderers, including Alberto David Benguiat Jimenez, Israel Daniel Paez Vargas, Salvador Diaz Rodriguez, Christopher Ortega-Lomeli, and Christian Noe Amador Valenzuela. The indictments, returned in September and October 2022, charge the defendants with multiple drug trafficking and money laundering offenses. All defendants remain fugitives.

To date, these money laundering investigations have resulted in charges against 51 defendants and the seizure of more than $4.1 million dollars and approximately 1,304 kilograms of methamphetamine, 34 kilograms of heroin, 11 kilograms of cocaine, and 14 kilograms of fentanyl.

Four of the defendants – Benguiat Jimenez, Paez Vargas, Diaz Rodriguez and Amador Valezuela – along with Enrique Dann Esparragoza Rosas, who was previously charged, were also the target of sanctions imposed today by the Department of Treasury’s Office of Foreign Assets Control (OFAC).

OFAC has identified the defendants and others as members of a money laundering network supporting the Sinaloa Cartel, one of the most notorious and violent drug trafficking organizations in the world, and a U.S.-designated Foreign Terrorist Organization (FTO). The Sinaloa Cartel is responsible for a significant portion of the illicit fentanyl and other deadly drugs trafficked into the United States and has exploited multiple ports of entry along the southern border for its criminal activities. Please see https://home.treasury.gov/news/press-releases/sb0064.

The Drug Enforcement Administration’s Imperial Country District Office and Mexico City Country Office, along with the Internal Revenue Service – Criminal Investigation San Diego Office, Federal Bureau of Investigation San Diego Field Office, Homeland Security Investigations Calexico Office, and San Diego – Imperial County HIDTA are investigating these cases with assistance from the Department of Treasury’s Office of Foreign Assets Control (OFAC).

These cases are being prosecuted by Assistant U.S. Attorneys Matthew J. Sutton, Joshua Mellor, Victor White, and Paul Benjamin. Former Assistant U.S. Attorney Owen Roth provided substantial assistance in these cases.

DEFENDANTS                                            

Case Number 22-cr-02386-TWR

Israel Daniel Paez Vargas                                                     Age: 45                         Mexicali, MX

SUMMARY OF CHARGES

Conspiracy to Import Controlled Substances, in violation of Title 21 U.S.C. §§ 952, 960 and 963.

Maximum Penalty: Mandatory minimum 10 years and up to life in prison, $10 million fine.

Conspiracy to Distribute Controlled Substances, in violation of Title 21 U.S.C. §§ 841(a)(1) and 846.

Maximum Penalty: Mandatory minimum 10 years and up to life in prison, $10 million fine.

Conspiracy to Launder Monetary Instruments, in violation of Title 18 U.S.C. § 1956(h).

Maximum Penalty: Twenty years in prison, a fine of $500,000 or twice the value of the monetary instrument or funds involved.

Case Number 22-cr-02387-TWR

Alberto David Benguiat Jimenez                                           Age: 43                      Mexico City, MX

Salvador Diaz Rodriguez                                                       Age: 39                      Mexicali, MX

Christian Noe Amador Valenzuela                                        Age: 36                      Mexicali, MX Christopher Ortega-Lomeli                                                       Age: 38                     Mexicali, MX

SUMMARY OF CHARGES

Conspiracy to Launder Monetary Instruments, in violation of Title 18 U.S.C. §1956(h).

Maximum Penalty: Twenty years in prison, a fine of $500,000 or twice the value of the monetary instrument or funds involved.

Case Number 22-cr-02185-BAS                                         

Enrique Dann Esparragoza Rosas                                          Age: 39                        Culiacan, MX

SUMMARY OF CHARGES

Conspiracy to Launder Monetary Instruments, in violation of Title 18 U.S.C. §1956(h).

Maximum Penalty: Twenty years in prison, a fine of $500,000 or twice the value of the monetary instrument or funds involved.

Hobbs Act Extortion, in violation of Title 18 U.S.C. § 1951(a)

Maximum Penalty: Twenty years in prison, and $250,000 fine

INVESTIGATING AGENCIES

Drug Enforcement Administration

Internal Revenue Service – Criminal Investigation

Federal Bureau of Investigation

Homeland Security Investigations

San Diego – Imperial County HIDTA

Imperial Valley Law Enforcement Coordination Center – Intelligence

Department of Justice’s Office of International Affairs

Department of Treasury’s Office of Foreign Assets Control

*The charges and allegations contained in an indictment or complaint are merely accusations, and the defendants are considered innocent unless and until proven guilty.

This investigation is part of Operation Take Back America, a nationwide initiative that marshals the full resources of the Department of Justice to repel the invasion of illegal immigration, achieve the total elimination of cartels and transnational criminal organizations (TCOs), and protect our communities from the perpetrators of violent crime. Operation Take Back America streamlines efforts and resources from the Department’s Organized Crime Drug Enforcement Task Forces (OCDETFs) and Project Safe Neighborhood (PSN).

This case is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.

The High Intensity Drug Trafficking Areas (HIDTA) program, created by Congress with the Anti-Drug Abuse Act of 1988, provides coordination and assistance to Federal, state, local, and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States. This grant program is administered by the Executive Office of the President – Office of National Drug Control Policy (ONDCP). There are currently 33 HIDTAs, and HIDTA-designated counties are located in 50 states, as well as in Puerto Rico, the U.S. Virgin Islands, and the District of Columbia.

U.S. Attorney’s Office Filed 90 Border-Related Cases This Week

Source: US FBI

SAN DIEGO – Federal prosecutors in the Southern District of California filed 90 border-related cases this week, including charges of transportation of illegal aliens, reentering the U.S. after deportation, deported alien found in the United States, and importation of controlled substances.

The U.S. Attorney’s Office for the Southern District of California is the fourth-busiest federal district, largely due to a high volume of border-related crimes. This district, encompassing San Diego and Imperial counties, shares a 140-mile border with Mexico. It includes the San Ysidro Port of Entry, the world’s busiest land border crossing, connecting San Diego (America’s eighth largest city) and Tijuana (Mexico’s second largest city).

In addition to reactive border-related crimes, the Southern District of California also prosecutes a significant number of proactive cases related to terrorism, organized crime, drugs, white-collar fraud, violent crime, cybercrime, human trafficking and national security. Recent developments in those and other significant areas of prosecution can be found here.

A sample of border-related arrests this week includes:

  • Mexican national Aurora Karina Sanchez Quioano was arrested on March 23, 2025, and charged with illegally entering the U.S. after being previously deported after the U.S. Coast Guard reported a vessel onshore at Dog Beach in Ocean Beach. When a U.S. Border Patrol agent arrived at Dog Beach following the report, citizens pointed him towards a jogging trail where he found Sanchez soaking wet.  Sanchez was previously deported on August 8, 2024.    
  • On March 23, 2025, Angel Alonso Peralta Fuerte and Juan Jose Diaz-Guerena, both citizens of Mexico, were arrested and charged with alien smuggling for financial gain after the vessel they were operating with 19 individuals on board was detained by the U.S. Coast Guard. All 19 passengers on the vessel admitted that they are citizens of Mexico without lawful documents allowing them to enter the United States and were arrested by San Diego based U.S. Border Patrol Agents.  Peralta was previously deported on February 26, 2025, less than a month prior to this arrest. Two of the individuals on the vessel were also charged with attempted reentry of removed alien based on their prior criminal and immigration history.  According to the complaint, several individuals of the boat stated they were paying between $3,000-15,000 if successfully smuggled into the United States.
  • Xavier Garcia, a United States citizen, was arrested on March 26, 2025, when he attempted to cross into the U.S. from Mexico at the Otay Mesa Port of Entry on drug importation charges. According to a federal complaint, he was the driver and registered owner of a vehicle in which Customs and Border Protection officials found 503 packages containing more than 500 pounds of methamphetamine hidden in the engine area, seats, spare tire, doors, roof, tailgate, and center console of his vehicle.

Federal law enforcement has focused immigration prosecutions on undocumented aliens who are engaged in criminal activity in the U.S., including those who commit drug and firearms crimes, who have serious criminal records, or who have active warrants for their arrest. Federal authorities have also been prioritizing investigations and prosecutions against drug, firearm, and human smugglers and those who endanger and threaten the safety of our communities and the law enforcement officers who protect the community.

The immigration cases were referred or supported by federal law enforcement partners, including Homeland Security Investigations (HSI), Immigration and Customs Enforcement’s Enforcement and Removal Operations (ICE ERO), Customs and Border Protection, U.S. Border Patrol, the Drug Enforcement Administration (DEA), the Federal Bureau of Investigation (FBI), the U.S. Marshals Service (USMS), and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), with the support and assistance of state and local law enforcement partners.

Indictments and criminal complaints are merely allegations and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

Stockton Man Sentenced on Firearm Charge

Source: US FBI

SACRAMENTO, Calif. — Ricardo Sanchez, 32, of Stockton, was sentenced today by U.S. District Judge William B. Shubb to four years and three months in prison for being a felon in possession of a firearm, Acting U.S. Attorney Michele Beckwith announced.

According to court documents, on Aug. 20, 2023, law enforcement officers contacted Sanchez and found him to be in possession of a Springfield Armory Hellcat 9 mm semi-automatic pistol. Sanchez is prohibited from possessing a firearm due to multiple prior felony convictions, including conspiracy to commit a crime and inflicting injury on a spouse/cohabitant or fellow parent.

This case was the product of an investigation by the Sacramento Police Department and the Federal Bureau of Investigation. Assistant U.S. Attorney Whitnee Goins prosecuted the case.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the U.S. Department of Justice launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.

Oakhurst Man Charged with Stalking Fresno Woman

Source: US FBI

FRESNO, Calif. — A federal grand jury returned a three-count indictment today against Preston Nelson-Kestner, 21, of Oakhurst, charging him with stalking, distribution and possession of images of child sexual exploitation, Acting U.S. Attorney Michele Beckwith announced.

According to court documents, between October 2023, and Feb. 13, 2024, Nelson-Kestner used social media applications including OnlyFans, Instagram, and TikTok to engage in a course of conduct that caused, attempted to cause, and would be reasonably expected to cause substantial emotional distress to an adult victim in Fresno. Nelson-Kestner used the social media apps to send threatening messages to the victim and sent videos and images of a minor engaged in sexually explicit conduct.

This case is the product of an investigation by the Federal Bureau of Investigation and the Fresno Police Department with assistance from the Madera County Sheriff’s Office and the Central California Internet Crimes Against Children Task Force. Assistant U.S. Attorney David L. Gappa is prosecuting the case.

If convicted, Nelson-Kestner faces a maximum statutory penalty of five years in prison and a $250,000 fine for stalking, a minimum of five years in prison up to 20 years in prison for distribution and a 10-year maximum sentence for possession of images of child sexual exploitation. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.

Shasta County, California, Man Pleads Guilty to Running a $35 Million Investment Fraud Scheme and Witness Tampering

Source: US FBI

Matthew Piercey, 48, of Palo Cedro, pleaded guilty today to wire fraud, concealment money laundering, and witness tampering in connection with a $35 million investment fraud scheme, Acting U.S. Attorney Michele Beckwith announced. Piercey pleaded guilty without a written plea agreement to all 27 of the pending counts and the Court vacated the May 19, 2025, trial date.

According to court documents, between July 2015 and August 2020, Piercey solicited investor funds by holding himself out as an investment advisor through his purported investment companies Family Wealth Legacy and Zolla. He made a variety of false and misleading statements to investors about the nature and success of trading algorithms, commissions and fees, investment strategies, the liquidity of investments, and the financial stability of Family Wealth Legacy and Zolla. For example, Piercey marketed the “Upvesting Fund,” an automated algorithmic trading fund that he falsely claimed had a history of success. He took money from numerous investors in this purported fund, but privately admitted to an associate that there was no Upvesting Fund.

Running a Ponzi-like fraud scheme, Piercey used some investor money to make payments to other investors. As the scheme progressed, Piercey used a Redding-area chiropractor to conceal his continued operation of the investment fraud and take in new money.

In total, Piercey paid back only approximately $8.8 million to investors of the approximately $35 million invested. He used the additional money for various business and personal expenses, including paying a criminal defense firm and buying two residential properties. Few, if any, liquid assets remained to repay investors.

According to court documents, when Piercey learned he was under investigation, he took steps to dissuade investors and witnesses from responding to grand jury subpoenas. His actions caused several individuals to delay producing documents, while at the same time, he syphoned off nearly $775,000 from victim investors into a bank account he controlled.

On Nov. 16, 2020, when law enforcement agents attempted to arrest Piercey, he fled from arrest and led agents on a vehicle chase through residential neighborhoods and onto the highway before abandoning his vehicle and entering Lake Shasta with an underwater submersible device. After about 20 minutes in the water, he emerged from the lake where he was arrested.

After his arrest, Piercey used coded language to communicate with two individuals who visited him in jail. He directed these individuals to take actions with the contents of a U-Haul storage locker he had rented in Redding. A subsequent FBI search of the storage locker revealed that Piercey had rented the locker under a fictitious name, Chadwick Givens, using a fake California driver’s license. The locker contained, among other things, a wig and ₣31,000 in Swiss francs.

“Investment fraud schemes like the one led by this defendant can devastate lives, retirements, and undo decades of planning by hard-working people simply looking for a trusted place to invest their money,” said Acting U.S. Attorney Beckwith. “Our office will continue to work with the FBI and our law enforcement partners to bring to justice those who commit these frauds and who seek to tamper with the grand jury process.”

“Many invested their life savings with Matthew Piercey’s companies, not knowing that the claim of guaranteed returns were the empty promises of a Ponzi scheme,” said FBI Sacramento Special Agent in Charge Sid Patel. “The FBI agents, forensic accountants, and other specialized personnel work tirelessly to ensure those who exploit the trust of a hopeful public will face serious consequences.”

This case is the product of an investigation by the Federal Bureau of Investigation. Assistant U.S. Attorneys Matthew Thuesen, Audrey B. Hemesath, Christopher S. Hales, and Kevin Khasigian are prosecuting the case.

Piercey is scheduled to be sentenced by U.S. District Judge Troy L. Nunley on Sept. 4, 2025. Two other defendants who conspired with Piercey in the scheme are Ken Winton and Gary Klopfenstein. Winton pleaded guilty in December 2020 and Klopfenstein pleaded guilty in July 2024. Both Winton and Klopfenstein are scheduled for status conferences regarding sentencing on Aug. 21, 2025.

Piercey faces a maximum statutory penalty of 20 years in prison and a fine of up to $250,000 or twice the gross gain or loss, whichever is greater, for each wire fraud and mail fraud count; 20 years in prison and a fine of up to $250,000 for each witness tampering count; and 20 years in prison and a fine of up to $500,000 or twice the value of the property involved, whichever is greater, for each money laundering count. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.

Vallejo, California, Man Convicted of Being a Felon in Possession of Ammunition

Source: US FBI

After a two-day trial before U.S. District Judge Dena Coggins, a jury found Jeffrey Caldwell, 36, of Vallejo, guilty of being a felon in possession of ammunition, Acting U.S. Attorney Michele Beckwith announced.

According to evidence presented at trial, law enforcement officers responded to the Super 8 Motel on 2070 Solano Avenue in Vallejo after multiple callers reported hearing gunshots from inside the building. By the time the officers arrived, Caldwell had barricaded himself in his hotel room and refused commands to surrender. A multi-hour standoff ensued, which ended when Caldwell finally left the room and attempted to flee. A subsequent search of the room discovered a privately manufactured firearm containing one round of ammunition. Caldwell is prohibited from possessing ammunition due to more than 10 prior felony convictions in California and Arizona, including for assault, burglary, and stalking.

This case is the product of an investigation by the Vallejo Police Department, the Federal Bureau of Investigation, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorneys Charles Campbell and Alexander Cárdenas are prosecuting the case.

Caldwell is scheduled to be sentenced by Judge Coggins on Aug. 22, 2025. Caldwell faces a maximum statutory penalty of 15 years in prison and a $250,000 fine. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the U.S. Department of Justice launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.

Former Velda City Police Chief, Who Also Served as City’s Administrator, Accused of Stealing $313,000 From City

Source: US FBI

ST. LOUIS – The former police chief and city administrator of Velda City, Missouri was accused in an indictment Wednesday of fraudulently obtaining $313,420 in city funds through a series of fraudulent transactions.

Daniel Paulino, 51, was indicted in U.S. District Court in St. Louis with three counts of wire fraud.

The indictment says Paulino used the city’s credit card to make about 828 charges for his personal expenses totaling about $145,428. The indictment says Paulino used the city credit card on about 17 additional occasions to transfer Velda City funds totaling about $43,870 to a business he owned, R & B Towing, and one owned by his spouse, Renovations-STL. The city funds were ultimately transferred to either Paulino’s personal bank account or the account for another company he owned, D and H Towing, the indictment says.

Paulino caused about eight city checks to be issued in a total amount of about $34,374 to pay third party vendors for his personal expenses, the indictment says. One $25,500 city check was used to pay for a 2007 International tow truck that was then registered in Paulino’s name and used by Paulino’s privately-owned towing company, the indictment says. Paulino caused Automated Clearing House (ACH) transactions to be made from a city account to pay third party vendors for $2,575 in personal expenses, the indictment says.

Paulino also caused about 20 direct deposits totaling $30,667 in city funds, purportedly for additional payroll, into his personal account, the indictment says. He caused about 55 direct deposits of a total of about $54,693 in Velda City funds, purportedly for his spouse’s payroll, to be sent to his personal bank account, the indictment says. Paulino’s spouse was being paid for work that was not actually performed in the city’s public works division during the years 2021 through 2023 and Paulino used that money for his own personal expenses, the indictment says.

The indictment also alleges that Paulino caused three city checks totaling $1,800 to be fraudulently issued to him.

The money was transferred without the authority or knowledge of the city, its mayor, treasurer or Board of Aldermen, the indictment says. Paulino used the money for travel, automobiles, pool supplies, utilities at his personal residence and food and beverage charges, the indictment says.

During the scheme, Paulino transferred about $58,171 from his personal or business bank accounts to Velda City’s bank account or the city’s credit card to conceal his crimes, the indictment says.

Paulino was appointed to the city administrator position in 2021. He was police chief until the department was dissolved in 2024.

Charges set forth in an indictment are merely accusations and do not constitute proof of guilt.  Every defendant is presumed to be innocent unless and until proven guilty.

The FBI investigated the case. Assistant U.S. Attorney Hal Goldsmith is prosecuting the case.

Sacramento Man Sentenced to 17.5 Years in Prison for Leadership Role in a Drug Trafficking Conspiracy and for Being a Felon in Possession of Firearms

Source: US FBI

Michael Garcia, 36, of Sacramento County, was sentenced Tuesday to 17 years and six months in prison for conspiring to possess and distribute methamphetamine and being a felon in possession of a firearm, Acting U.S. Attorney Michele Beckwith announced.

According to court documents, Michael Garcia conspired with his wife Nancy Garcia, his father Gonzalo Garcia, Tyler Combs (all co-defendant in this case), and others to sell methamphetamine and heroin in Sacramento and Solano Counties. Michael Garcia began this conspiracy while he was serving a state sentence for narcotics offenses at the Tulare County Jail.

Michael Garcia worked with his wife, father, and other coconspirators to sell a confidential informant a total of five pounds of methamphetamine and a quarter pound of heroin over five separate occasions, and he personally sold the CI a total of 4 pounds of methamphetamine. During the initial transactions, Nancy Garcia began to negotiate a firearms sale with the confidential informant and was present at the illegal firearms sale described below.

Once out of state custody, Michael Garcia continued the conspiracy to sell methamphetamine and heroin. He also set up a deal with Tylor Combs to sell firearms to the confidential informant. Nancy Garcia, Michael Garcia, and Tyler Combs were present at this illegal firearms deal, which involved 10 firearms, including an unserialized machine gun.

 Screenshot of video Michael Garcia sent to confidential informant bragging about his drug proceeds, saying “Sac money is good money.” 

The 10 firearms that Garcia and Combs sold to the confidential informant.

Michael Garcia and his wife also admitted that they bought a home in Arizona with drug proceeds. The United States is in the process of the forfeiture of this home.

This case is the product of an investigation by the FBI’s Solano County Violent Crimes Task Force, the Bureau of Alcohol, Tobacco, Firearms and Explosives, with assistance from the U.S. Attorney’s Office for the District of Arizona. Assistant U.S. Attorney Adrian T. Kinsella prosecuted the case.

Gonzalo Garcia passed away while in pretrial custody for this case. Tylor Combs has since pleaded guilty both to conspiring to distribute methamphetamine and heroin and to being a felon in possession of firearms. On November 12, 2021, he was sentenced to six years and six months in prison. Nancy Garcia pleaded guilty to a conspiracy to distribute methamphetamine and heroin. On September 10, 2024, she was sentenced to five years in prison.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the U.S. Department of Justice launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.

This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see www.justice.gov/projectguardian.

Fresno-Based Community Health System Agree to Pay $31.5 Million to Resolve Allegations of False Claims Act Violations

Source: US FBI

Community Health System and its affiliate Physician Network Advantage Inc. have agreed to pay $31.5 million to the United States to resolve allegations that they violated the False Claims Act based on financial benefits provided to referring physicians, Acting U.S. Attorney Michele Beckwith announced today. Community Health System operates in Fresno County and includes hospitals Community Regional Medical Center and Clovis Community Medical Center.

“We cannot allow medical decisions to be distorted by kickback schemes or efforts to buy physicians’ loyalty with lucrative side perks,” said Acting U.S. Attorney Beckwith. “This settlement demonstrates this Office’s commitment to ensuring that patients’ best interests remain paramount.”

The civil settlement announced today resolves allegations that Community Health System and Physician Network Advantage Inc. (PNA) provided several types of extravagant benefits to induce physicians in the Fresno area to refer their patients to Community facilities for medical services, in violation of the False Claims Act. PNA is a health care technology business formed and funded by Community to support Fresno-area physicians’ adoption of the electronic health records platform used by Community. The United States contends that PNA also played a key role in securing business for Community by unlawful means. In a custom-built lounge located on premises at PNA’s offices, known as HQ2, PNA provided expensive wine, liquor, cigars, and meals to referring physicians, with the knowledge and funding of Community.

The settlement also resolves allegations that Community and PNA provided financial subsidies for electronic health records technology and equipment used by certain physicians in their private offices in return for the referral of governmental health care program patients to Community. Further, the settlement resolves allegations that Community paid bonuses to certain physicians ostensibly for participation in clinical integration activities, when the real purpose of the bonuses was to reward referrals.

The United States contends that these financial benefits violated the federal Anti-Kickback Statute, resulting in false claims for the medical services referred by physicians receiving the benefits, that were submitted to governmental health care programs. The United States also contends that the conduct described above created financial relationships with referring physicians under the Physician Self-Referral Law (known as the “Stark Law”). The Stark Law seeks to safeguard the integrity of the Medicare program by prohibiting a hospital from billing for certain services referred by physicians with whom the hospital has a financial relationship, unless that relationship satisfies one of the law’s statutory or regulatory exceptions, which the United States contends were not met.

“Kickback arrangements aimed at improperly influencing medical decisions will remain a top investigative priority for our agency,” said Acting Special Agent in Charge Robb R. Breeden of the U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG). “This settlement demonstrates HHS-OIG’s commitment to identifying and holding accountable those who engage in unlawful financial relationships at the expense of Medicare patients and the taxpayer.”

In connection with the settlement, Community entered into a five-year Corporate Integrity Agreement with HHS-OIG that requires, among other conditions, the implementation of a risk assessment and internal review process designed to identify and address evolving compliance risks. The Corporate Integrity Agreement also requires an independent review organization to annually assess the policies and systems to track arrangements with some referral sources.

The settlement includes the resolution of claims brought under the qui tam or whistleblower provisions of the False Claims Act by relator Michael Terpening. Under those provisions, a private party can file an action on behalf of the United States and receive a portion of any recovery from that action. The qui tam case is captioned United States ex rel. Terpening v. Fresno Community Hospital and Medical Center, et al., 1:19-CV-01699 (E.D. Cal.). As part of the settlement announced today, Mr. Terpening will receive approximately $5 million.

The resolution obtained in this matter was the result of a coordinated effort between the U.S. Attorney’s Office for the Eastern District of California and HHS-OIG with assistance from the Federal Bureau of Investigation and the U.S. Postal Service Office of Inspector General. Assistant U.S. Attorney David Thiess handled the case for the U.S. Attorney’s Office.

The claims resolved by this settlement are allegations only, and there has been no determination of liability.

Note: View the settlement here.

Bakersfield, California, Man Pleads Guilty to Striking a Sheriff Helicopter with a Laser

Source: US FBI

Brett Curtis Hair, 23, of Bakersfield, pleaded guilty today to aiming the beam of a laser pointer at an aircraft, Acting U.S. Attorney Michele Beckwith announced.

According to court documents, on Sept. 11, 2024, at approximately 12:17 a.m., Kern County Sheriff’s Office helicopter Air 1 was on routine patrol when the cockpit was struck by a bright green laser beam. The Tactical Flight Officer pinpointed the source of the laser emanating from a residence within the Federal Aviation Administration’s (FAA) Critical Flight Zone of Bakersfield’s Meadow Field Airport. At least 15 additional laser strikes appeared to be intentional as the light tracked and struck the helicopter. Once Air 1 arrived above the residence, Hair exited the garage and immediately began striking the helicopter’s cockpit again with the high-powered laser. During the laser strikes, the pilot and Tactical Flight Officer experienced visual interference as the laser repeatedly struck and illuminated the cockpit, making it difficult to see the aircraft’s instruments.

According to the FAA, aiming a laser at an aircraft is a serious safety risk, because many high-powered lasers can incapacitate pilots and interfere with the safe operation of their aircraft. In 2024, pilots reported 12,840 laser strikes to the FAA.

This case is the product of an investigation by the Federal Bureau of Investigation and the Kern County Sheriff’s Office. Assistant U.S. Attorney Karen Escobar is prosecuting the case.

Hair is scheduled for sentencing on Aug. 4, 2025. He faces a maximum statutory penalty of five years in prison and a $250,000 fine. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.