FROM: U.S. DEPARTMENT OF JUSTICE
Monday, January 28, 2013
Michigan Man Pleads Guilty to Tax Charges
Steven Kern of Marine City, Mich., pleaded guilty today before U.S. District Court Judge Arthur J. Tarnow in the Eastern District of Michigan to eight counts of filing false corporate tax returns and eight counts of failing to file his individual tax returns, the Justice Department and Internal Revenue Service (IRS) announced today.
According to filed court documents and court proceedings, Kern operated the Kern Chiropractic Center from Marine City and diverted cash and check payments from the business for his own personal use. The indictment alleges that Kern failed to file individual tax returns for tax years 2003 to 2010, despite earning more $1.2 million in gross income during that time period. According to filed court documents and court proceedings, Kern told IRS-Criminal Investigation Special Agents he believed signing and filing a completed tax return was a violation of his constitutional rights.
Each count of filing a false corporate tax return carries a maximum penalty of three years in prison and a $250,000 fine. Each count of failing to file an individual tax return carries a maximum penalty of twelve months imprisonment and a fine of up to $100,000. Kern is scheduled to be sentenced on April 30, 2013.
The case is being prosecuted by Trial Attorneys Mark McDonald and Jeff Bender of the Justice Department’s Tax Division. The investigation was conducted by IRS Criminal Investigation.
Wednesday, January 30, 2013
Tuesday, January 29, 2013
MICHIGAN SOY PRODUCTS MANUFACTURER HAS ALLEGED SANITATION PROBLEMS
FROM: U.S. DEPARTMENT OF JUSTICE
Monday, January 28, 2013
Permanent Injunction Entered Against Michigan-Based Manufacturer of Soy Products
U.S. District Judge David M. Lawson, of the Eastern District of Michigan, entered a consent decree of permanent injunction against Ann Arbor, Michigan-based Green Hope LLC, dba Rosewood Products, and its president, Phil G. Ye, the Justice Department announced today.
The company manufactures and sells ready-to-eat organic tofu and soy milk products to businesses in Michigan and Minnesota, including organic supermarket chains. As alleged in the complaint filed against the company and Ye, numerous Food and Drug Administration (FDA) inspections since 2009 found persistent violations at the company’s manufacturing facility involving insanitary conditions. FDA’s inspections found that Green Hope did not store food properly, did not address employee cleanliness issues, permitted waste water to come into contact with tofu during processing and failed to clean all food-contact surfaces and equipment. These violations raised the possibility of contamination of the company’s food products.
The consent decree orders Green Hope and Ye to take a wide range of actions to correct the violations and ensure that they do not happen again. Among other actions, Green Hope must develop and implement sanitation control programs; provide FDA the opportunity to inspect the facilities to assure Green Hope’s compliance with the consent decree, the Food, Drug and Cosmetic Act, and applicable regulations; and receive written authorization from FDA to resume operations. Green Hope must also make structural repairs to its facility necessary to protect against contamination of raw ingredients, in-process and finished articles of food, containers and packaging materials.
"This company has a long history of not complying with federal statutes and regulations intended to protect the public health," said Stuart F. Delery, Principal Deputy Assistant Attorney General for the Justice Department’s Civil Division. "Consumers expect, and deserve, that their food be safe to eat, and the Department of Justice will continue to take enforcement action against food manufacturers whose conduct can endanger public safety."
This case was litigated by Dan Baeza of the Consumer Protection Branch in the Department of Justice’s Civil Division in conjunction with Assistant U.S. Attorney Peter A. Caplan of the U.S. Attorney’s Office for the Eastern District of Michigan and Christopher Fanelli of the FDA’s Office of Chief Counsel. The case was investigated by the FDA’s Detroit District Office.
Monday, January 28, 2013
Permanent Injunction Entered Against Michigan-Based Manufacturer of Soy Products
U.S. District Judge David M. Lawson, of the Eastern District of Michigan, entered a consent decree of permanent injunction against Ann Arbor, Michigan-based Green Hope LLC, dba Rosewood Products, and its president, Phil G. Ye, the Justice Department announced today.
The company manufactures and sells ready-to-eat organic tofu and soy milk products to businesses in Michigan and Minnesota, including organic supermarket chains. As alleged in the complaint filed against the company and Ye, numerous Food and Drug Administration (FDA) inspections since 2009 found persistent violations at the company’s manufacturing facility involving insanitary conditions. FDA’s inspections found that Green Hope did not store food properly, did not address employee cleanliness issues, permitted waste water to come into contact with tofu during processing and failed to clean all food-contact surfaces and equipment. These violations raised the possibility of contamination of the company’s food products.
The consent decree orders Green Hope and Ye to take a wide range of actions to correct the violations and ensure that they do not happen again. Among other actions, Green Hope must develop and implement sanitation control programs; provide FDA the opportunity to inspect the facilities to assure Green Hope’s compliance with the consent decree, the Food, Drug and Cosmetic Act, and applicable regulations; and receive written authorization from FDA to resume operations. Green Hope must also make structural repairs to its facility necessary to protect against contamination of raw ingredients, in-process and finished articles of food, containers and packaging materials.
"This company has a long history of not complying with federal statutes and regulations intended to protect the public health," said Stuart F. Delery, Principal Deputy Assistant Attorney General for the Justice Department’s Civil Division. "Consumers expect, and deserve, that their food be safe to eat, and the Department of Justice will continue to take enforcement action against food manufacturers whose conduct can endanger public safety."
This case was litigated by Dan Baeza of the Consumer Protection Branch in the Department of Justice’s Civil Division in conjunction with Assistant U.S. Attorney Peter A. Caplan of the U.S. Attorney’s Office for the Eastern District of Michigan and Christopher Fanelli of the FDA’s Office of Chief Counsel. The case was investigated by the FDA’s Detroit District Office.
Friday, January 25, 2013
'FUGITIVE OF THE WEEK' TURNS HERSELF IN
FROM: U.S. MARSHALS SERVICE
U.S. Marshals 'Fugitive of the Week' Turns Herself in to Police
Concord, NH
– This week’s ‘Fugitive of the Week’ Kristin Murphy surrendered at the Manchester Police Department on January 15, 2013.
Kristin Murphy, 22 who was last known to reside in Raymond, NH had been wanted on an outstanding arrest warrant for a probation violation. This probation violation warrant was issued out of the Hillsborough County Superior Court based a prior conviction for possession of heroin.
Murphy was aired as the U.S. Marshals Fugitive Task Force’s weekly feature known as the 'Fugitive of the Week'. The 'Fugitive of the Week' is broadcast on WTPL-FM, WMUR-TV, the Union Leader, The Nashua Telegraph and is prominently featured on the internet.
When Murphy saw herself as the ‘Fugitive of the Week’, she chose to do the right thing and immediately surrendered at the Manchester Police department. Murphy was arrested on the outstanding Hillsborough County warrant and was transported to the Hillsborough County Jail in Manchester, N.H. for processing and holding pending her initial court appearance.
Since the inception of the New Hampshire Joint Fugitive Task Force in 2002, these partnerships have resulted in over 4,392 arrests. These arrests have ranged in seriousness from murder, assault, unregistered sex offenders, probation and parole violations and numerous other serious offenses. Nationally the United States Marshals Service fugitive programs are carried out with local law enforcement in 94 district offices, 85 local fugitive task forces, 7 regional task forces, as well as a growing network of offices in foreign countries.
U.S. Marshals 'Fugitive of the Week' Turns Herself in to Police
Concord, NH
– This week’s ‘Fugitive of the Week’ Kristin Murphy surrendered at the Manchester Police Department on January 15, 2013.
Kristin Murphy, 22 who was last known to reside in Raymond, NH had been wanted on an outstanding arrest warrant for a probation violation. This probation violation warrant was issued out of the Hillsborough County Superior Court based a prior conviction for possession of heroin.
Murphy was aired as the U.S. Marshals Fugitive Task Force’s weekly feature known as the 'Fugitive of the Week'. The 'Fugitive of the Week' is broadcast on WTPL-FM, WMUR-TV, the Union Leader, The Nashua Telegraph and is prominently featured on the internet.
When Murphy saw herself as the ‘Fugitive of the Week’, she chose to do the right thing and immediately surrendered at the Manchester Police department. Murphy was arrested on the outstanding Hillsborough County warrant and was transported to the Hillsborough County Jail in Manchester, N.H. for processing and holding pending her initial court appearance.
Since the inception of the New Hampshire Joint Fugitive Task Force in 2002, these partnerships have resulted in over 4,392 arrests. These arrests have ranged in seriousness from murder, assault, unregistered sex offenders, probation and parole violations and numerous other serious offenses. Nationally the United States Marshals Service fugitive programs are carried out with local law enforcement in 94 district offices, 85 local fugitive task forces, 7 regional task forces, as well as a growing network of offices in foreign countries.
Wednesday, January 23, 2013
THREE MEN CHARGED IN CALIFORNIA FOR RACE BASED HATE CRIME
FROM: U.S. DEPARTMENT OF JUSTICE
Tuesday, January 22, 2013
Three Men Charged with Hate Crime for Attack on African American Woman and White Man in California
Billy James Hammett, 28, and Perry Sylvester Jackson, 27, were arrested today in Yuba County, Calif., on federal hate crime charges for their racially motivated attack on an African American woman and white man in Marysville, Calif., on April 18, 2011. A third defendant, Anthony Merrell Tyler, 32, has turned himself in to authorities in Sacramento, Calif.
The defendants were charged in a three-count indictment returned by a federal grand jury in the Eastern District of California and unsealed today. They are charged with one count of conspiracy and two counts of violating the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act. The Shepard-Byrd Act criminalizes certain acts of physical violence causing bodily injury motivated by any person’s actual or perceived race, color, national origin, religion, sexual orientation, gender, gender identity or disability.
The indictment alleges that when an African American woman accompanied by a white male drove into the parking lot of a convenience store, Jackson shouted a racial epithet at the male. Hammett then approached the driver’s side of the car, using a racial epithet to refer to the African American driver, while Jackson and Tyler attacked from the other side of the car. The indictment further alleges that Hammett and Jackson punched and kicked the African American woman driver and white male passenger and that Tyler smashed the car windshield with a crowbar and used racial epithets again.
If convicted, the defendants could face a maximum sentence of five years in prison and a fine of $250,000 on the conspiracy charge, and 10 years in prison and a fine of $250,000 on each of the two hate-crime charges.
This case is being investigated by the FBI. The case is being prosecuted by Assistant U.S. Attorney R. Steven Lapham for the Eastern District of California and Trial Attorney Chiraag Bains from the Justice Department’s Civil Rights Division.
Tuesday, January 22, 2013
Three Men Charged with Hate Crime for Attack on African American Woman and White Man in California
Billy James Hammett, 28, and Perry Sylvester Jackson, 27, were arrested today in Yuba County, Calif., on federal hate crime charges for their racially motivated attack on an African American woman and white man in Marysville, Calif., on April 18, 2011. A third defendant, Anthony Merrell Tyler, 32, has turned himself in to authorities in Sacramento, Calif.
The defendants were charged in a three-count indictment returned by a federal grand jury in the Eastern District of California and unsealed today. They are charged with one count of conspiracy and two counts of violating the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act. The Shepard-Byrd Act criminalizes certain acts of physical violence causing bodily injury motivated by any person’s actual or perceived race, color, national origin, religion, sexual orientation, gender, gender identity or disability.
The indictment alleges that when an African American woman accompanied by a white male drove into the parking lot of a convenience store, Jackson shouted a racial epithet at the male. Hammett then approached the driver’s side of the car, using a racial epithet to refer to the African American driver, while Jackson and Tyler attacked from the other side of the car. The indictment further alleges that Hammett and Jackson punched and kicked the African American woman driver and white male passenger and that Tyler smashed the car windshield with a crowbar and used racial epithets again.
If convicted, the defendants could face a maximum sentence of five years in prison and a fine of $250,000 on the conspiracy charge, and 10 years in prison and a fine of $250,000 on each of the two hate-crime charges.
This case is being investigated by the FBI. The case is being prosecuted by Assistant U.S. Attorney R. Steven Lapham for the Eastern District of California and Trial Attorney Chiraag Bains from the Justice Department’s Civil Rights Division.
FEDERAL EMPLOYEE AND FORMER CORRECTIONS CAPTAIN BARRED FROM PROMOTING ALLEGED TAX FRAUD SCHEME
FROM: U.S. DEPARTMENT OF JUSTICE
Friday, January 18, 2013
Federal Employee & Former New York City Corrections Captain Barred from Promoting Alleged Tax Fraud Scheme
A federal court has permanently barred Nafeesah H. Hines and Rodney N. Chestnut from promoting an alleged tax fraud scheme, as well as preparing tax returns for anyone other than themselves, the Justice Department announced today. The civil injunction orders, to which Hines and Chestnut consented without admitting the allegations against them, were entered by Judge Kiyo Matsumoto of the U.S. District Court for the Eastern District of New York.
According to the government complaint in the case, Hines and Chestnut promoted and personally participated in a scheme based on the frivolous "redemption" theory, which promoters falsely claim allows taxpayers to obtain funds from supposed secret Treasury accounts. The government alleged that Hines and Chestnut used Internal Revenue Service (IRS) forms, including Forms 1099-OID and 1099-A, to report large amounts of fictitious income tax withholding to claim large tax refunds on customer tax returns prepared by Chestnut or prepared by the customers with Chestnut’s help.
Chestnut, the government alleges, is a former captain with the New York City Corrections Department and promoted the scheme to former co-workers. Hines, who the complaint alleges is a U.S. Food and Drug Administration employee, prepared or filed false 1099 forms with the IRS, both for Chestnut’s customers as well as for other people, according to the lawsuit. The complaint alleges that Hines prepared or filed more than 3,000 fraudulent IRS forms that falsely reported over $54 million of purportedly withheld income taxes.
Friday, January 18, 2013
Federal Employee & Former New York City Corrections Captain Barred from Promoting Alleged Tax Fraud Scheme
A federal court has permanently barred Nafeesah H. Hines and Rodney N. Chestnut from promoting an alleged tax fraud scheme, as well as preparing tax returns for anyone other than themselves, the Justice Department announced today. The civil injunction orders, to which Hines and Chestnut consented without admitting the allegations against them, were entered by Judge Kiyo Matsumoto of the U.S. District Court for the Eastern District of New York.
According to the government complaint in the case, Hines and Chestnut promoted and personally participated in a scheme based on the frivolous "redemption" theory, which promoters falsely claim allows taxpayers to obtain funds from supposed secret Treasury accounts. The government alleged that Hines and Chestnut used Internal Revenue Service (IRS) forms, including Forms 1099-OID and 1099-A, to report large amounts of fictitious income tax withholding to claim large tax refunds on customer tax returns prepared by Chestnut or prepared by the customers with Chestnut’s help.
Chestnut, the government alleges, is a former captain with the New York City Corrections Department and promoted the scheme to former co-workers. Hines, who the complaint alleges is a U.S. Food and Drug Administration employee, prepared or filed false 1099 forms with the IRS, both for Chestnut’s customers as well as for other people, according to the lawsuit. The complaint alleges that Hines prepared or filed more than 3,000 fraudulent IRS forms that falsely reported over $54 million of purportedly withheld income taxes.
Tuesday, January 22, 2013
MEDICAL EXQUIPMENT COMPANY OWNER CONVICTED IN FRAUD SCHEME
FROM: U.S. DEPARTMENT OF JUSTICE
Friday, January 18, 2013
Owner of Texas Durable Medical Equipment Companies Convicted in Fraud Scheme
A Texas federal judge convicted the owner of two Texas-based durable medical equipment companies today on multiple health care fraud charges following a five-day bench trial, announced Assistant Attorney General Lanny A. Breuer of the Justice Department?s Criminal Division.
Hugh Marion Willet, 69, of Fort Worth, Texas, was found guilty by U.S. District Judge Jane J. Boyle in the Northern District of Texas on all seven counts of the June 2012 second superseding indictment: one count of conspiracy to commit health care fraud and six counts of health care fraud stemming from a durable medical equipment (DME) fraud scheme. Willett?s wife, Jean Willett, previously pleaded guilty to the same charges and was sentenced in September 2012 to serve 50 months in prison.
The evidence at trial showed that between 2006 and 2010, the Willets co-owned and operated JS&H Orthopedic Supply LLC and Texas Orthotic and Prosthetic Systems Inc., which claimed to provide orthotics and other DME to beneficiaries of Medicare and private insurance benefit programs including Aetna, Blue Cross Blue Shield and CIGNA.
Evidence presented in court proved that both of these companies intentionally submitted claims to Medicare and other insurers for products that were materially different from and more expensive than what was actually provided, and that Hugh Marion Willett was a knowing and willing participant in the fraud.
At sentencing, currently scheduled for April 18, 2013, Hugh Marion Willett faces a maximum potential penalty of 10 years in prison and a $250,000 fine on each count.
The case is being prosecuted by Fraud Section Trial Attorney Ben O?Neil and Deputy Chief Sam Sheldon of the Justice Department?s Criminal Division. The case was investigated by the FBI and the Department of Health and Human Services Office of Inspector General (HHS-OIG) and brought as part of the Medicare Fraud Strike Force, supervised by the Criminal Division?s Fraud Section.
Since their inception in March 2007, strike force operations in nine locations have charged more than 1,480 defendants who collectively have falsely billed the Medicare program for more than $4.8 billion. In addition, the HHS Centers for Medicare and Medicaid Services, working in conjunction with the HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.
Friday, January 18, 2013
Owner of Texas Durable Medical Equipment Companies Convicted in Fraud Scheme
A Texas federal judge convicted the owner of two Texas-based durable medical equipment companies today on multiple health care fraud charges following a five-day bench trial, announced Assistant Attorney General Lanny A. Breuer of the Justice Department?s Criminal Division.
Hugh Marion Willet, 69, of Fort Worth, Texas, was found guilty by U.S. District Judge Jane J. Boyle in the Northern District of Texas on all seven counts of the June 2012 second superseding indictment: one count of conspiracy to commit health care fraud and six counts of health care fraud stemming from a durable medical equipment (DME) fraud scheme. Willett?s wife, Jean Willett, previously pleaded guilty to the same charges and was sentenced in September 2012 to serve 50 months in prison.
The evidence at trial showed that between 2006 and 2010, the Willets co-owned and operated JS&H Orthopedic Supply LLC and Texas Orthotic and Prosthetic Systems Inc., which claimed to provide orthotics and other DME to beneficiaries of Medicare and private insurance benefit programs including Aetna, Blue Cross Blue Shield and CIGNA.
Evidence presented in court proved that both of these companies intentionally submitted claims to Medicare and other insurers for products that were materially different from and more expensive than what was actually provided, and that Hugh Marion Willett was a knowing and willing participant in the fraud.
At sentencing, currently scheduled for April 18, 2013, Hugh Marion Willett faces a maximum potential penalty of 10 years in prison and a $250,000 fine on each count.
The case is being prosecuted by Fraud Section Trial Attorney Ben O?Neil and Deputy Chief Sam Sheldon of the Justice Department?s Criminal Division. The case was investigated by the FBI and the Department of Health and Human Services Office of Inspector General (HHS-OIG) and brought as part of the Medicare Fraud Strike Force, supervised by the Criminal Division?s Fraud Section.
Since their inception in March 2007, strike force operations in nine locations have charged more than 1,480 defendants who collectively have falsely billed the Medicare program for more than $4.8 billion. In addition, the HHS Centers for Medicare and Medicaid Services, working in conjunction with the HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.
Monday, January 21, 2013
FORMER MISSIONARY MINISTER PLEADS GUILTY TO MOLESTING PERSONS IN HAITI
FROM: U.S. DEPARTMENT OF JUSTICE
Friday, January 18, 2013
Former Minister Pleads Guilty in North Carolina to Engaging in Illicit Sexual Conduct in Haiti
WASHINGTON – A former minister pleaded guilty today in North Carolina to engaging in illicit sexual conduct in Haiti, announced Assistant Attorney General Lanny A. Breuer of the Justice Department’s Criminal Division, U.S. Attorney for the Western District of North Carolina Anne M. Tompkins and Brock D. Nicholson, Special Agent in Charge of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) in Georgia and the Carolinas.
Larry Michael Bollinger, 67, of Gastonia, N.C., pleaded guilty before U.S. District Judge David S. Cayer in the Western District of North Carolina to two counts of engaging in illicit sexual conduct in a foreign place. Bollinger was charged in an indictment filed on May 15, 2012.
According to filed court documents and court proceedings, Bollinger was a former Lutheran minister who performed missionary work in Haiti. Court records show that Bollinger regularly travelled to Haiti and served as the Haiti director for a Lutheran charity. Bollinger admitted that from about August 2009 to October 2009, he sexually molested four Haitian females, between the ages of 11 and 16. According to court records, one of the victims said that Bollinger offered to give her food and money in exchange for sexual acts.
Bollinger has been in federal custody since he was charged in May 2012. Each count of engaging in illicit sexual conduct in a foreign place carries a maximum penalty of 30 years in prison and a $250,000 fine. A sentencing date for Bollinger has not been set yet.
The case is being prosecuted by Assistant U.S. Attorney Kimlani M. Ford of the Western District of North Carolina and Trial Attorney Michael W. Grant of the Criminal Division’s Child Exploitation and Obscenity Section (CEOS). The investigation was conducted by ICE-HSI.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims.
Friday, January 18, 2013
Former Minister Pleads Guilty in North Carolina to Engaging in Illicit Sexual Conduct in Haiti
WASHINGTON – A former minister pleaded guilty today in North Carolina to engaging in illicit sexual conduct in Haiti, announced Assistant Attorney General Lanny A. Breuer of the Justice Department’s Criminal Division, U.S. Attorney for the Western District of North Carolina Anne M. Tompkins and Brock D. Nicholson, Special Agent in Charge of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) in Georgia and the Carolinas.
Larry Michael Bollinger, 67, of Gastonia, N.C., pleaded guilty before U.S. District Judge David S. Cayer in the Western District of North Carolina to two counts of engaging in illicit sexual conduct in a foreign place. Bollinger was charged in an indictment filed on May 15, 2012.
According to filed court documents and court proceedings, Bollinger was a former Lutheran minister who performed missionary work in Haiti. Court records show that Bollinger regularly travelled to Haiti and served as the Haiti director for a Lutheran charity. Bollinger admitted that from about August 2009 to October 2009, he sexually molested four Haitian females, between the ages of 11 and 16. According to court records, one of the victims said that Bollinger offered to give her food and money in exchange for sexual acts.
Bollinger has been in federal custody since he was charged in May 2012. Each count of engaging in illicit sexual conduct in a foreign place carries a maximum penalty of 30 years in prison and a $250,000 fine. A sentencing date for Bollinger has not been set yet.
The case is being prosecuted by Assistant U.S. Attorney Kimlani M. Ford of the Western District of North Carolina and Trial Attorney Michael W. Grant of the Criminal Division’s Child Exploitation and Obscenity Section (CEOS). The investigation was conducted by ICE-HSI.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims.
Sunday, January 20, 2013
ALLEGED SCHEME TO FRAUDULENTLY CONTROL HOMEOWNERS' ASSOCIATION
FROM: U.S. DEPARTMENT OF DEFENSE
Tuesday, January 15, 2013
Eleven Defendants Indicted for Alleged Roles in Scheme to Fraudulently Control Homeowners’ Associations in Las Vegas
WASHINGTON – A federal grand jury in Nevada today returned an indictment against 11 individuals for their alleged roles in a scheme to fraudulently take control of homeowners’ associations in the Las Vegas area. The indictment was announced by Assistant Attorney General Lanny A. Breuer of the Justice Department’s Criminal Division, Acting FBI Special Agent in Charge William C. Woerner of the Las Vegas Field Office, Sheriff Douglas C. Gillespie of the Las Vegas Metropolitan Police Department and Richard Weber, Chief of IRS-Criminal Investigation (IRS-CI).
The charged defendants, all from the Las Vegas area, include: Jose Luis Alvarez, 45; Rodolfo Alvarez-Rodriguez, 44; Ricky Anderson, 49; David Ball, 44; Leon Benzer, 46; Edith Gillespie, 51; Keith Gregory, 59; Maria Limon, 45; Barry Levinson, 45; Charles McChesney, 47; and Salvatore Ruvolo, 84. Each is indicted on one count of conspiracy to commit mail and wire fraud. Most of the defendants are also variously charged with individual counts of mail fraud and/or wire fraud. Limon is additionally charged with making a false statement to law enforcement.
According to court documents, the fraud scheme operated from approximately August 2003 through February 2009 to direct construction defect litigation and repairs at condominium complexes to a particular, conspiring law firm and Benzer’s construction company, Silver Lining Construction (SLC).
In order to accomplish the scheme, according to the indictment, Benzer and co-conspirators identified homeowners’ associations (HOAs) that could potentially bring construction defect cases. They then allegedly enlisted real estate agents to identify condominium units within the HOA communities for purchase.
According to court documents, Benzer and others, including Gillespie, then enlisted "straw purchasers" to use their names and credit to purchase condos in the complexes. The indictment alleges that Alvarez, Alvarez-Rodriguez, Anderson, Ball, Gillespie, Limon, McChesney and Ruvolo acted as straw purchasers. On at least 37 occasions, Benzer and certain co-conspirators allegedly provided the down payments and monthly payments on behalf of the straw purchasers, including HOA dues and mortgage payments, and various false and misleading statements were made to secure financing for the properties. To manage the properties, Benzer and others allegedly conspired to open at least five bank accounts through which they moved more than $8 million. Eventually, 33 of the 37 units went into foreclosure.
According to court documents, on several occasions and at the direction of Benzer, co-conspirators transferred a partial interest in particular condominiums to other co-conspirators to make them look like homeowners who could stand for election to the HOA board of directors, which many of these individuals and the straw purchasers agreed to do. To ensure conspirators won the elections, according to the indictment, the defendants employed deceitful tactics, such as submitting fake and forged ballots, some of which were sent through the U.S. mail. Co-conspirators also hired complicit attorneys to run the HOA board elections as "special election masters," to preside over the HOA board elections and supervise the counting of ballots.
Once elected, according to the indictment, the conspiring board members met with Benzer and other co-conspirators in order to manipulate board votes and process, including the selection of property managers, contractors, general counsel and attorneys to represent the HOA – including Benzer’s construction company and the conspiring law firm. Gregory and Levinson, both attorneys licensed in Nevada, allegedly agreed to become the general counsel for the Vistana and Sunset Cliffs; and Park Avenue and Pebble Creek complexes, respectively.
Limon, Benzer and others also allegedly agreed to open a property management company in order to provide services at Chateau Nouveau and other condo complexes in furtherance of the scheme. According to the indictment, Limon falsely told law enforcement officials she did not communicate with Benzer about this and did not know he funded and controlled her company.
At the conclusion of the scheme, millions of dollars of Vistana’s construction defect settlement proceeds were transferred to Benzer and SLC, according to the indictment.
According to court documents, the defendants were each given cash or things of value from Benzer and others for their alleged roles in the conspiracy.
The maximum potential penalty for each count of conspiracy to commit mail fraud and wire fraud, mail fraud, or wire fraud is 30 years in prison and a $1 million fine. The maximum potential penalty for making a false official statement is five years in prison and a $250,000 fine.
The charges and allegations against the indicted defendants are merely accusations, and the defendants are considered innocent unless and until proven guilty. Twenty-six other individuals have entered guilty pleas in this case and await sentencing. The investigation is ongoing.
The case is being prosecuted by Deputy Chief Charles La Bella, Trial Attorneys Thomas B.W. Hall and Mary Ann McCarthy and Senior Deputy Chief Kathleen McGovern of the Criminal Division’s Fraud Section. The case is being investigated by the FBI, the Las Vegas Metropolitan Police Department, Criminal Intelligence Section, and IRS-CI.
This prosecution is part of efforts underway by President Barack Obama’s Financial Fraud Enforcement Task Force. President Obama established the interagency Financial Fraud Enforcement Task Force to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. The task force includes representatives from a broad range of federal agencies, regulatory authorities, inspectors general and state and local law enforcement who, working together, bring to bear a powerful array of criminal and civil enforcement resources. The task force is working to improve efforts across the federal executive branch, and with state and local partners, to investigate and prosecute significant financial crimes, ensure just and effective punishment for those who perpetrate financial crimes, combat discrimination in the lending and financial markets, and recover proceeds for victims of financial crimes.
Tuesday, January 15, 2013
Eleven Defendants Indicted for Alleged Roles in Scheme to Fraudulently Control Homeowners’ Associations in Las Vegas
WASHINGTON – A federal grand jury in Nevada today returned an indictment against 11 individuals for their alleged roles in a scheme to fraudulently take control of homeowners’ associations in the Las Vegas area. The indictment was announced by Assistant Attorney General Lanny A. Breuer of the Justice Department’s Criminal Division, Acting FBI Special Agent in Charge William C. Woerner of the Las Vegas Field Office, Sheriff Douglas C. Gillespie of the Las Vegas Metropolitan Police Department and Richard Weber, Chief of IRS-Criminal Investigation (IRS-CI).
The charged defendants, all from the Las Vegas area, include: Jose Luis Alvarez, 45; Rodolfo Alvarez-Rodriguez, 44; Ricky Anderson, 49; David Ball, 44; Leon Benzer, 46; Edith Gillespie, 51; Keith Gregory, 59; Maria Limon, 45; Barry Levinson, 45; Charles McChesney, 47; and Salvatore Ruvolo, 84. Each is indicted on one count of conspiracy to commit mail and wire fraud. Most of the defendants are also variously charged with individual counts of mail fraud and/or wire fraud. Limon is additionally charged with making a false statement to law enforcement.
According to court documents, the fraud scheme operated from approximately August 2003 through February 2009 to direct construction defect litigation and repairs at condominium complexes to a particular, conspiring law firm and Benzer’s construction company, Silver Lining Construction (SLC).
In order to accomplish the scheme, according to the indictment, Benzer and co-conspirators identified homeowners’ associations (HOAs) that could potentially bring construction defect cases. They then allegedly enlisted real estate agents to identify condominium units within the HOA communities for purchase.
According to court documents, Benzer and others, including Gillespie, then enlisted "straw purchasers" to use their names and credit to purchase condos in the complexes. The indictment alleges that Alvarez, Alvarez-Rodriguez, Anderson, Ball, Gillespie, Limon, McChesney and Ruvolo acted as straw purchasers. On at least 37 occasions, Benzer and certain co-conspirators allegedly provided the down payments and monthly payments on behalf of the straw purchasers, including HOA dues and mortgage payments, and various false and misleading statements were made to secure financing for the properties. To manage the properties, Benzer and others allegedly conspired to open at least five bank accounts through which they moved more than $8 million. Eventually, 33 of the 37 units went into foreclosure.
According to court documents, on several occasions and at the direction of Benzer, co-conspirators transferred a partial interest in particular condominiums to other co-conspirators to make them look like homeowners who could stand for election to the HOA board of directors, which many of these individuals and the straw purchasers agreed to do. To ensure conspirators won the elections, according to the indictment, the defendants employed deceitful tactics, such as submitting fake and forged ballots, some of which were sent through the U.S. mail. Co-conspirators also hired complicit attorneys to run the HOA board elections as "special election masters," to preside over the HOA board elections and supervise the counting of ballots.
Once elected, according to the indictment, the conspiring board members met with Benzer and other co-conspirators in order to manipulate board votes and process, including the selection of property managers, contractors, general counsel and attorneys to represent the HOA – including Benzer’s construction company and the conspiring law firm. Gregory and Levinson, both attorneys licensed in Nevada, allegedly agreed to become the general counsel for the Vistana and Sunset Cliffs; and Park Avenue and Pebble Creek complexes, respectively.
Limon, Benzer and others also allegedly agreed to open a property management company in order to provide services at Chateau Nouveau and other condo complexes in furtherance of the scheme. According to the indictment, Limon falsely told law enforcement officials she did not communicate with Benzer about this and did not know he funded and controlled her company.
At the conclusion of the scheme, millions of dollars of Vistana’s construction defect settlement proceeds were transferred to Benzer and SLC, according to the indictment.
According to court documents, the defendants were each given cash or things of value from Benzer and others for their alleged roles in the conspiracy.
The maximum potential penalty for each count of conspiracy to commit mail fraud and wire fraud, mail fraud, or wire fraud is 30 years in prison and a $1 million fine. The maximum potential penalty for making a false official statement is five years in prison and a $250,000 fine.
The charges and allegations against the indicted defendants are merely accusations, and the defendants are considered innocent unless and until proven guilty. Twenty-six other individuals have entered guilty pleas in this case and await sentencing. The investigation is ongoing.
The case is being prosecuted by Deputy Chief Charles La Bella, Trial Attorneys Thomas B.W. Hall and Mary Ann McCarthy and Senior Deputy Chief Kathleen McGovern of the Criminal Division’s Fraud Section. The case is being investigated by the FBI, the Las Vegas Metropolitan Police Department, Criminal Intelligence Section, and IRS-CI.
This prosecution is part of efforts underway by President Barack Obama’s Financial Fraud Enforcement Task Force. President Obama established the interagency Financial Fraud Enforcement Task Force to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. The task force includes representatives from a broad range of federal agencies, regulatory authorities, inspectors general and state and local law enforcement who, working together, bring to bear a powerful array of criminal and civil enforcement resources. The task force is working to improve efforts across the federal executive branch, and with state and local partners, to investigate and prosecute significant financial crimes, ensure just and effective punishment for those who perpetrate financial crimes, combat discrimination in the lending and financial markets, and recover proceeds for victims of financial crimes.
Saturday, January 19, 2013
U.S. ATTORNEY GENERAL ERIC HOLDER SPEAKS AT U.S. CONFERENCE OF MAYORS CRIME AND SOCIAL JUSTICE COMMITTEE MEETING
FROM: U.S. DEPARTMENT OF JUSTICE
Attorney General Eric Holder at the U.S. Conference of Mayors Crime and Social Justice Committee Meeting
Washington, D.C. ~ Friday, January 18, 2013
Thank you, Mayor Parker, for those kind words – and good afternoon, everyone. It’s a pleasure to be here today, and a privilege to be included, once again, in this annual forum. I’d like to recognize Mayor Nutter, along with the U.S. Conference of Mayors’ Executive Committee and staff, for all they’ve done to make this year’s Winter Meeting such a success. And I’d like to thank every member of the Criminal and Social Justice Committee for the opportunity to take part in this important session.
For more than eight decades, this organization has brought together dozens of our nation’s best and brightest public servants to share ideas and expertise; to discuss mutual concerns; and to formulate the policy solutions that our cities, communities, and citizens deserve. Over the years, I’ve had the chance to work with many of you to address some of the most complex and intractable public safety challenges we face. It’s an honor to join Vice President Biden, Administrator Pistole, and other leaders from across the Administration in continuing our work this week – and adding my voice to this critical dialogue. And I’m particularly grateful for this opportunity to thank each of you for your service, your leadership, and your partnership – with one another; with key federal, state, local, and tribal leaders; and – especially – with the United States Department of Justice.
Every day, America’s mayors stand on the front lines of our fight against terrorism, crime, and threats to the most vulnerable members of society. Your engagement is essential in protecting our citizens from harm, guarding against civil rights violations, and combating the gun-, gang-, and drug-fueled violence that steals too many promising futures. You understand exactly what we’re up against – not only because you hear the alarming statistics and read the news stories, but because you see it, firsthand, on a daily basis. Most importantly, you recognize, as I do, that no public safety challenge can be understood in isolation – and that none of us can make the progress we need, and secure the results our communities deserve, on our own.
This is particularly true when it comes to gun violence – an issue that, in one way or another, has touched every city and town represented here – and about which many of you have long been passionate advocates. On a number of occasions, the leaders in this room have joined with the Justice Department to support law enforcement and strengthen anti-violence initiatives. Especially in recent weeks – as our nation has come together in the wake of last month’s horrific events in Newtown, Connecticut – you’ve heard from your citizens and colleagues. You’ve built a broad, bipartisan consensus on the need to protect the most vulnerable among us – our children. And many of you are helping to lead efforts to heed, and to honor, the lessons of Sandy Hook Elementary School– and the realization that unacceptable levels of gun violence plague our cities and towns every day.
This unspeakable tragedy, and the individual tragedies that take place on your streets all too often and all too often unnoticed, stand as stark reminders of our shared responsibility to address not just the epidemic of gun-related crimes, and the ongoing need for vigorous enforcement of our laws – but also the underlying conditions that give rise to gun violence. Throughout our history, the overwhelming majority of American gun owners have been responsible, law-abiding citizens. Yet we’ve repeatedly seen – in the most tragic ways – how easy it can be for dangerous people to acquire, and wreak havoc with, deadly weapons.
Although there’s no single solution that can bring a decisive end to this senseless violence, it’s incumbent upon each of us to try. And it’s time to consider what common-sense steps we can take – together – to save lives.
This means doing everything we can to secure the tools and resources we need to keep guns out of the hands of those who are not and should not be allowed to possess them. It means taking action to ensure that, while our Second Amendment rights are upheld, we have the means to prosecute effectively those who use firearms to commit acts of violence. And it means summoning the courage to confront even the most difficult, enduring and pervasive national challenges.
I know many of you participated in yesterday’s session with Vice President Biden, in which he discussed the Administration’s efforts to combat gun violence and the concrete, common-sense recommendations that President Obama adopted earlier this week. As you know, I worked closely with the Vice President, a number of my fellow Cabinet members, and representatives from more than 200 groups – of experts, advocacy organizations, policymakers, and private citizens – to help formulate this plan. From law enforcement leaders, to firearm owners and enthusiasts, technology experts, and gun safety advocates; from retailers, to mental health professionals, members of the clergy, victims of gun violence, and members of the entertainment industry – the conversations we had were frank, wide-ranging, and inclusive. And the consensus that emerged was clear: that, as President Obama said, "if there is even one thing we can do to reduce this violence – if there is even one life that can be saved – then we have an obligation to try."
This obligation is what drove the Administration to propose a range of legislative remedies – along with 23 executive actions – to end mass shootings and prevent gun violence. On Wednesday, President Obama signed directives putting a number of these proposals into action. Others will require legislation that will soon be introduced in Congress – and which we hope will receive timely consideration. And, at every level of the Administration – and, particularly within the Department of Justice – my colleagues and I will continue doing everything in our power to maximize enforcement efforts and implement new recommendations for keeping our people safe, and our cities, neighborhoods, and schools secure.
But we won’t be able to do this alone. The fact is that our ability to tackle this challenge will depend on the willingness of millions of Americans – and thousands of dedicated public servants like you – to engage with one another in order to make a positive difference.
We can begin by calling for immediate Congressional action. As the President indicated, Congress should move swiftly to adopt legislation to require "universal" background checks, so that a full background check is conducted every time someone attempts to buy a gun. By taking this relatively simple step, we can significantly strengthen our ability to keep criminals and other dangerous individuals from gaining access to deadly weapons. And we can do so starting today – by encouraging private sellers to run their transactions through the NICS background system with the help of a licensed gun dealer. Many licensed dealers throughout the country already facilitate firearms transfers between private individuals on a regular basis. And we are encouraging more private sellers to work with licensed dealers to ensure that all sales are subject to a comprehensive background check.
Of course, the effectiveness of these checks depends on the integrity of the national background check system as a whole. To date, this system has proven remarkably effective – enabling gun dealers to make more than 90 percent of background check determinations on the spot, and roughly 95 percent within three business days. This has helped us keep more than 1.5 million guns from falling into the wrong hands over the last 14 years.
But we can, and must, do even better – by ensuring that the information included in this system is complete, tearing down barriers that prevent federal agencies – and some states – from sharing relevant records, and making certain that our laws and regulations are as effective as possible when it comes to identifying those who should not have access to firearms. This week, President Obama took executive action in support of these goals – addressing gaps in the national background check system, bringing accountability to the sources of information it relies upon, and ensuring that federal law enforcement agencies become more uniform in tracing guns recovered during investigations.
At the same time, he put an end to the virtual "freeze" on rigorous, non-partisan research into gun violence by the Centers for Disease Control – and has directed the CDC to resume examining the causes of this violence and evaluating strategies for its prevention. He has taken a variety of steps to reinforce the Justice Department’s efforts to provide law enforcement with the tools, training, and resources they need to prosecute gun-related crime – and to respond to active shooter situations. In addition, at the President’s direction, the Administration will issue guidance making clear that, under existing federal laws, doctors are in no way prohibited from reporting threats of violence to law enforcement. We will work with individual communities and school districts to develop plans to make our schools safer. And relevant authorities will finalize regulations under the Affordable Care Act to increase access to mental health services for all who need them. Not one of the Executive Orders – contrary to what a few have said – impinges upon anyone’s Second Amendment rights or is inconsistent with the historical use of executive power.
But all of this is only the beginning. In addition to these actions and proposals, the Administration has called upon Congress to renew legislation banning high-capacity magazines, including those used in recent high-profile mass shootings; to protect our police by getting rid of armor-piercing bullets; to pass a new assault weapons ban, updated and stronger than the one enacted in 1994, to keep military-style weapons off of our streets; and to consider a series of new federal laws imposing tough penalties on the gun traffickers who help funnel weapons to dangerous criminals.
These measures represent essential parts of any serious, comprehensive effort to eradicate gun violence – and today, I join President Obama, Vice President Biden, and countless Americans in urging Congressional leaders to adopt them without delay. I’d also like to echo the President’s call for the Senate to confirm Todd Jones as Director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives – a critical Justice Department component that’s been without a Senate-confirmed leader for six years – and to eliminate misguided restrictions that require the ATF to allow the importation of dangerous weapons simply because of their age.
Some have said that these changes will require "tough" votes by Members of Congress. Public service is never easy, and there come times when those of us who are in elected or appointed positions must put the interests of those we are privileged to serve above that which might be politically expedient or professionally safe. This is one of those times.
By acting within existing authorities to improve our enforcement capacity for laws that are already on the books; by enacting common-sense legislation to strengthen our ability to stop guns from falling into the wrong hands and to stem the proliferation of military-style weapons and high-capacity magazines; I’m confident that we can – and will – make significant strides in reducing the violence that too often fills our headlines and afflicts our communities. As Vice President Biden said yesterday, the Administration is determined to take our gun violence prevention efforts to a new level – and we’re eager to work with leaders like you in advancing the conversation about how we can put an end to these crimes and secure a brighter future for all those we’re privileged to serve.
To this end, in addition to implementing the orders and advocating for the legislative actions that the President announced on Wednesday, my colleagues and I remain committed to standing with America’s mayors in strengthening anti-violence initiatives that are already underway. Since 2009, this commitment has led the Justice Department to award more than $3.5 billion to state and local partners through Byrne-JAG – a grant program that helps keep officers on the beat, and equips them with the latest tools and technologies. Over a similar period, the Department’s Community Oriented Policing Services – or COPS – Hiring Program awarded more than $1.5 billion to create or protect over 8,000 jobs in local law enforcement.
Our Officer Safety Working group has also been forging stronger relationships with officers and law enforcement organizations across the country – and building a platform for researching the threats they face. Under a groundbreaking training and technical assistance program called VALOR, we’re enabling officers to anticipate, prevent, and survive violent encounters. Thanks to initiatives like the Bulletproof Vest Partnership Program, we’re helping to provide law enforcement with equipment that is – quite simply – saving lives. And, based on the recommendations of our Defending Childhood Task Force, we’re bringing a variety of partners together, expanding screening and assessment of at-risk children, and supporting research to help combat unacceptable levels of violence among, and directed towards, our nation’s young people.
There’s no question that we can be proud of these and other current efforts to reduce violence and victimization. But, as you’ve been discussing this week – and as the President has made quite clear – we cannot yet be satisfied, and this is clearly no time to become complacent.
When it comes to combating gun violence, preventing future tragedies, and ensuring the safety of our citizens and first responders, each of the leaders in this room has both the power – and the responsibility – to make a powerful, positive difference. Despite the challenges and frustrations we may face – and the disagreements that may, at times, divide us from one another – we all have essential roles to play in driving the critical debate that is unfolding across the country. And every one of us has been given a rare chance: to strengthen this nation and help to determine its future.
So, as we conclude today’s session, adjourn the 81st Winter Meeting of the U.S. Conference of Mayors, and begin planning for the 82nd – I urge you to seize this moment. I ask that you keep up the conversations we began this week, and pledge to continue working together in pursuit of the goals we share. And I thank you – as colleagues, as partners, and as indispensible leaders – for your contributions, your service, and your ongoing dedication to protecting and improving the lives of those around us.
Thank you.
Attorney General Eric Holder at the U.S. Conference of Mayors Crime and Social Justice Committee Meeting
Washington, D.C. ~ Friday, January 18, 2013
Thank you, Mayor Parker, for those kind words – and good afternoon, everyone. It’s a pleasure to be here today, and a privilege to be included, once again, in this annual forum. I’d like to recognize Mayor Nutter, along with the U.S. Conference of Mayors’ Executive Committee and staff, for all they’ve done to make this year’s Winter Meeting such a success. And I’d like to thank every member of the Criminal and Social Justice Committee for the opportunity to take part in this important session.
For more than eight decades, this organization has brought together dozens of our nation’s best and brightest public servants to share ideas and expertise; to discuss mutual concerns; and to formulate the policy solutions that our cities, communities, and citizens deserve. Over the years, I’ve had the chance to work with many of you to address some of the most complex and intractable public safety challenges we face. It’s an honor to join Vice President Biden, Administrator Pistole, and other leaders from across the Administration in continuing our work this week – and adding my voice to this critical dialogue. And I’m particularly grateful for this opportunity to thank each of you for your service, your leadership, and your partnership – with one another; with key federal, state, local, and tribal leaders; and – especially – with the United States Department of Justice.
Every day, America’s mayors stand on the front lines of our fight against terrorism, crime, and threats to the most vulnerable members of society. Your engagement is essential in protecting our citizens from harm, guarding against civil rights violations, and combating the gun-, gang-, and drug-fueled violence that steals too many promising futures. You understand exactly what we’re up against – not only because you hear the alarming statistics and read the news stories, but because you see it, firsthand, on a daily basis. Most importantly, you recognize, as I do, that no public safety challenge can be understood in isolation – and that none of us can make the progress we need, and secure the results our communities deserve, on our own.
This is particularly true when it comes to gun violence – an issue that, in one way or another, has touched every city and town represented here – and about which many of you have long been passionate advocates. On a number of occasions, the leaders in this room have joined with the Justice Department to support law enforcement and strengthen anti-violence initiatives. Especially in recent weeks – as our nation has come together in the wake of last month’s horrific events in Newtown, Connecticut – you’ve heard from your citizens and colleagues. You’ve built a broad, bipartisan consensus on the need to protect the most vulnerable among us – our children. And many of you are helping to lead efforts to heed, and to honor, the lessons of Sandy Hook Elementary School– and the realization that unacceptable levels of gun violence plague our cities and towns every day.
This unspeakable tragedy, and the individual tragedies that take place on your streets all too often and all too often unnoticed, stand as stark reminders of our shared responsibility to address not just the epidemic of gun-related crimes, and the ongoing need for vigorous enforcement of our laws – but also the underlying conditions that give rise to gun violence. Throughout our history, the overwhelming majority of American gun owners have been responsible, law-abiding citizens. Yet we’ve repeatedly seen – in the most tragic ways – how easy it can be for dangerous people to acquire, and wreak havoc with, deadly weapons.
Although there’s no single solution that can bring a decisive end to this senseless violence, it’s incumbent upon each of us to try. And it’s time to consider what common-sense steps we can take – together – to save lives.
This means doing everything we can to secure the tools and resources we need to keep guns out of the hands of those who are not and should not be allowed to possess them. It means taking action to ensure that, while our Second Amendment rights are upheld, we have the means to prosecute effectively those who use firearms to commit acts of violence. And it means summoning the courage to confront even the most difficult, enduring and pervasive national challenges.
I know many of you participated in yesterday’s session with Vice President Biden, in which he discussed the Administration’s efforts to combat gun violence and the concrete, common-sense recommendations that President Obama adopted earlier this week. As you know, I worked closely with the Vice President, a number of my fellow Cabinet members, and representatives from more than 200 groups – of experts, advocacy organizations, policymakers, and private citizens – to help formulate this plan. From law enforcement leaders, to firearm owners and enthusiasts, technology experts, and gun safety advocates; from retailers, to mental health professionals, members of the clergy, victims of gun violence, and members of the entertainment industry – the conversations we had were frank, wide-ranging, and inclusive. And the consensus that emerged was clear: that, as President Obama said, "if there is even one thing we can do to reduce this violence – if there is even one life that can be saved – then we have an obligation to try."
This obligation is what drove the Administration to propose a range of legislative remedies – along with 23 executive actions – to end mass shootings and prevent gun violence. On Wednesday, President Obama signed directives putting a number of these proposals into action. Others will require legislation that will soon be introduced in Congress – and which we hope will receive timely consideration. And, at every level of the Administration – and, particularly within the Department of Justice – my colleagues and I will continue doing everything in our power to maximize enforcement efforts and implement new recommendations for keeping our people safe, and our cities, neighborhoods, and schools secure.
But we won’t be able to do this alone. The fact is that our ability to tackle this challenge will depend on the willingness of millions of Americans – and thousands of dedicated public servants like you – to engage with one another in order to make a positive difference.
We can begin by calling for immediate Congressional action. As the President indicated, Congress should move swiftly to adopt legislation to require "universal" background checks, so that a full background check is conducted every time someone attempts to buy a gun. By taking this relatively simple step, we can significantly strengthen our ability to keep criminals and other dangerous individuals from gaining access to deadly weapons. And we can do so starting today – by encouraging private sellers to run their transactions through the NICS background system with the help of a licensed gun dealer. Many licensed dealers throughout the country already facilitate firearms transfers between private individuals on a regular basis. And we are encouraging more private sellers to work with licensed dealers to ensure that all sales are subject to a comprehensive background check.
Of course, the effectiveness of these checks depends on the integrity of the national background check system as a whole. To date, this system has proven remarkably effective – enabling gun dealers to make more than 90 percent of background check determinations on the spot, and roughly 95 percent within three business days. This has helped us keep more than 1.5 million guns from falling into the wrong hands over the last 14 years.
But we can, and must, do even better – by ensuring that the information included in this system is complete, tearing down barriers that prevent federal agencies – and some states – from sharing relevant records, and making certain that our laws and regulations are as effective as possible when it comes to identifying those who should not have access to firearms. This week, President Obama took executive action in support of these goals – addressing gaps in the national background check system, bringing accountability to the sources of information it relies upon, and ensuring that federal law enforcement agencies become more uniform in tracing guns recovered during investigations.
At the same time, he put an end to the virtual "freeze" on rigorous, non-partisan research into gun violence by the Centers for Disease Control – and has directed the CDC to resume examining the causes of this violence and evaluating strategies for its prevention. He has taken a variety of steps to reinforce the Justice Department’s efforts to provide law enforcement with the tools, training, and resources they need to prosecute gun-related crime – and to respond to active shooter situations. In addition, at the President’s direction, the Administration will issue guidance making clear that, under existing federal laws, doctors are in no way prohibited from reporting threats of violence to law enforcement. We will work with individual communities and school districts to develop plans to make our schools safer. And relevant authorities will finalize regulations under the Affordable Care Act to increase access to mental health services for all who need them. Not one of the Executive Orders – contrary to what a few have said – impinges upon anyone’s Second Amendment rights or is inconsistent with the historical use of executive power.
But all of this is only the beginning. In addition to these actions and proposals, the Administration has called upon Congress to renew legislation banning high-capacity magazines, including those used in recent high-profile mass shootings; to protect our police by getting rid of armor-piercing bullets; to pass a new assault weapons ban, updated and stronger than the one enacted in 1994, to keep military-style weapons off of our streets; and to consider a series of new federal laws imposing tough penalties on the gun traffickers who help funnel weapons to dangerous criminals.
These measures represent essential parts of any serious, comprehensive effort to eradicate gun violence – and today, I join President Obama, Vice President Biden, and countless Americans in urging Congressional leaders to adopt them without delay. I’d also like to echo the President’s call for the Senate to confirm Todd Jones as Director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives – a critical Justice Department component that’s been without a Senate-confirmed leader for six years – and to eliminate misguided restrictions that require the ATF to allow the importation of dangerous weapons simply because of their age.
Some have said that these changes will require "tough" votes by Members of Congress. Public service is never easy, and there come times when those of us who are in elected or appointed positions must put the interests of those we are privileged to serve above that which might be politically expedient or professionally safe. This is one of those times.
By acting within existing authorities to improve our enforcement capacity for laws that are already on the books; by enacting common-sense legislation to strengthen our ability to stop guns from falling into the wrong hands and to stem the proliferation of military-style weapons and high-capacity magazines; I’m confident that we can – and will – make significant strides in reducing the violence that too often fills our headlines and afflicts our communities. As Vice President Biden said yesterday, the Administration is determined to take our gun violence prevention efforts to a new level – and we’re eager to work with leaders like you in advancing the conversation about how we can put an end to these crimes and secure a brighter future for all those we’re privileged to serve.
To this end, in addition to implementing the orders and advocating for the legislative actions that the President announced on Wednesday, my colleagues and I remain committed to standing with America’s mayors in strengthening anti-violence initiatives that are already underway. Since 2009, this commitment has led the Justice Department to award more than $3.5 billion to state and local partners through Byrne-JAG – a grant program that helps keep officers on the beat, and equips them with the latest tools and technologies. Over a similar period, the Department’s Community Oriented Policing Services – or COPS – Hiring Program awarded more than $1.5 billion to create or protect over 8,000 jobs in local law enforcement.
Our Officer Safety Working group has also been forging stronger relationships with officers and law enforcement organizations across the country – and building a platform for researching the threats they face. Under a groundbreaking training and technical assistance program called VALOR, we’re enabling officers to anticipate, prevent, and survive violent encounters. Thanks to initiatives like the Bulletproof Vest Partnership Program, we’re helping to provide law enforcement with equipment that is – quite simply – saving lives. And, based on the recommendations of our Defending Childhood Task Force, we’re bringing a variety of partners together, expanding screening and assessment of at-risk children, and supporting research to help combat unacceptable levels of violence among, and directed towards, our nation’s young people.
There’s no question that we can be proud of these and other current efforts to reduce violence and victimization. But, as you’ve been discussing this week – and as the President has made quite clear – we cannot yet be satisfied, and this is clearly no time to become complacent.
When it comes to combating gun violence, preventing future tragedies, and ensuring the safety of our citizens and first responders, each of the leaders in this room has both the power – and the responsibility – to make a powerful, positive difference. Despite the challenges and frustrations we may face – and the disagreements that may, at times, divide us from one another – we all have essential roles to play in driving the critical debate that is unfolding across the country. And every one of us has been given a rare chance: to strengthen this nation and help to determine its future.
So, as we conclude today’s session, adjourn the 81st Winter Meeting of the U.S. Conference of Mayors, and begin planning for the 82nd – I urge you to seize this moment. I ask that you keep up the conversations we began this week, and pledge to continue working together in pursuit of the goals we share. And I thank you – as colleagues, as partners, and as indispensible leaders – for your contributions, your service, and your ongoing dedication to protecting and improving the lives of those around us.
Thank you.
Friday, January 18, 2013
WOMAN WILL PAY $21 MILLION PENALTY FOR NOT DISCLOSING SWISS BANK ACCOUNT INCOME
FROM: U.S. DEPARTMENT OF JUSTICE
Tuesday, January 8, 2013
South Florida Woman Pleads Guilty to Failing to Disclose Income from Swiss Bank Accounts and Agrees to $21 Million Penalty
Mary Estelle Curran of Palm Beach, Fla., pleaded guilty today in the U.S. District Court for the Southern District of Florida to filing false tax returns for tax years 2006 and 2007, the Justice Department and Internal Revenue Service, Criminal Investigation (IRS-CI) announced.
According to court documents, Curran, a U.S. citizen, maintained undeclared bank accounts at UBS AG in Switzerland and a bank in Liechtenstein, which she inherited from her husband in 2000. The accounts at UBS AG were held in the names of nominee foreign entities, including the Flognet Foundation and Norega Investment. The account earned income each year, which Curran failed to report on her 2001 through 2007 individual income tax returns.
According to the plea agreement, Curran’s conduct caused a tax loss to the government of approximately $667,716. The value of all undeclared foreign financial accounts owned or controlled by Curran exceeded $42 million in 2007. In order to resolve her civil liability for failure to report her foreign bank accounts, Curran has agreed to pay a civil penalty in the amount of 50 percent of the high balance of the accounts, which is $21,666,929.
"The Justice Department continues to pursue those who hide income and assets from the IRS through the use of nominee businesses and offshore bank accounts," said Assistant Attorney General Keneally. "U.S. taxpayers who fail to come forward in the voluntary disclosure program risk prosecution and substantial fines, as this case demonstrates."
"U.S. citizens who seek to avoid their tax obligations by hiding income in undeclared bank accounts abroad should by now be fully on notice that they will be held accountable for their actions, both civilly and criminally," said U.S. Attorney for the Southern District of Florida Wifredo A. Ferrer. "The U.S. Attorney’s Office is committed to helping the IRS enforce our nation’s tax laws."
"Offshore accounts can no longer be used to hide from the IRS and avoid paying the fair amount of tax," said Richard Weber, Chief, IRS Criminal Investigation. "IRS Criminal Investigation is aggressively pursuing tax cheats – both domestically and internationally. We owe it to every American taxpayer to use all lawful means to identify and prosecute both those who evade their taxes and those who assist them in evading their tax obligations."
Curran faces a potential maximum prison term of six years. A sentencing date has not been set.
Assistant Attorney General Keneally and U.S. Attorney Ferrer thanked Special Agents of IRS - CI, who investigated the case, and Tax Division Senior Litigation Counsel Mark F. Daly and Trial Attorney Michelle M. Petersen and Assistant U.S. Attorney Thomas P. Lanigan, who prosecuted the case.
Tuesday, January 8, 2013
South Florida Woman Pleads Guilty to Failing to Disclose Income from Swiss Bank Accounts and Agrees to $21 Million Penalty
Mary Estelle Curran of Palm Beach, Fla., pleaded guilty today in the U.S. District Court for the Southern District of Florida to filing false tax returns for tax years 2006 and 2007, the Justice Department and Internal Revenue Service, Criminal Investigation (IRS-CI) announced.
According to court documents, Curran, a U.S. citizen, maintained undeclared bank accounts at UBS AG in Switzerland and a bank in Liechtenstein, which she inherited from her husband in 2000. The accounts at UBS AG were held in the names of nominee foreign entities, including the Flognet Foundation and Norega Investment. The account earned income each year, which Curran failed to report on her 2001 through 2007 individual income tax returns.
According to the plea agreement, Curran’s conduct caused a tax loss to the government of approximately $667,716. The value of all undeclared foreign financial accounts owned or controlled by Curran exceeded $42 million in 2007. In order to resolve her civil liability for failure to report her foreign bank accounts, Curran has agreed to pay a civil penalty in the amount of 50 percent of the high balance of the accounts, which is $21,666,929.
"The Justice Department continues to pursue those who hide income and assets from the IRS through the use of nominee businesses and offshore bank accounts," said Assistant Attorney General Keneally. "U.S. taxpayers who fail to come forward in the voluntary disclosure program risk prosecution and substantial fines, as this case demonstrates."
"U.S. citizens who seek to avoid their tax obligations by hiding income in undeclared bank accounts abroad should by now be fully on notice that they will be held accountable for their actions, both civilly and criminally," said U.S. Attorney for the Southern District of Florida Wifredo A. Ferrer. "The U.S. Attorney’s Office is committed to helping the IRS enforce our nation’s tax laws."
"Offshore accounts can no longer be used to hide from the IRS and avoid paying the fair amount of tax," said Richard Weber, Chief, IRS Criminal Investigation. "IRS Criminal Investigation is aggressively pursuing tax cheats – both domestically and internationally. We owe it to every American taxpayer to use all lawful means to identify and prosecute both those who evade their taxes and those who assist them in evading their tax obligations."
Curran faces a potential maximum prison term of six years. A sentencing date has not been set.
Assistant Attorney General Keneally and U.S. Attorney Ferrer thanked Special Agents of IRS - CI, who investigated the case, and Tax Division Senior Litigation Counsel Mark F. Daly and Trial Attorney Michelle M. Petersen and Assistant U.S. Attorney Thomas P. Lanigan, who prosecuted the case.
Thursday, January 17, 2013
ALLEGED HOME HEALTH CARE SCHEME INVOLVING $22 MILLION
FROM: U.S. DEPARTMENT OF JUSTICE
Thursday, January 17, 2013
Seven Arrested, Charged with $22 Million Detroit-area Home Health Care Fraud Scheme
Six Detroit-area residents and one Chicago-area resident were arrested today by federal agents on charges arising from the ongoing investigation into an alleged $22 million home health care fraud scheme. The indictment was announced by Assistant Attorney General Lanny A. Breuer of the Justice Department’s Criminal Division; U.S. Attorney Barbara L. McQuade of the Eastern District of Michigan; Special Agent in Charge Robert D. Foley III of the FBI’s Detroit Field Office; Special Agent in Charge Lamont Pugh III of the Health and Human Services Office of Inspector General (HHS-OIG) Chicago Regional Office; and Special Agent in Charge Erick Martinez of the Internal Revenue Service Criminal Investigation (IRS-CI) Detroit Field Office.
According to the 18-count indictment returned Jan. 15, 2013, and unsealed today, the seven individuals allegedly participated in a Medicare fraud scheme operating out of four Oakland County, Mich., home health agencies claiming to provide in-home health services: Royal Home Health Care Inc., Prestige Home Health Services Inc., Platinum Home Health Services Inc. and Empirical Home Health Care Inc. The indictment alleges Medicare paid the agencies approximately $22 million for fraudulently reported services since August 2008.
In addition to the arrests, law enforcement agents suspended Medicare payments to four health care companies associated with the alleged scheme.
Muhammad Aamir, 42; Usman Butt, 39; Hemal Bhagat, 31; Syed Shah, 50; Tariq Tahir, 46; and Raquel Ellington, 56, of the Detroit area; and Tayyab Aziz, 43, from the Chicago area, each are charged with conspiracy to commit health care fraud. All but Aziz are also charged with health care fraud and with conspiracy to violate the Anti-Kickback Statute. Butt, Bhagat, Shah and Aziz are additionally charged with conspiracy to commit money laundering.
According to the indictment, Aamir and Butt owned and operated Prestige; Butt, Bhagat and Shah owned and operated Royal; and Aamir owned and operated Platinum and Empirical – all of which allegedly claimed to provide home health therapy services to Medicare beneficiaries that were unnecessary and/or were never performed. The indictment alleges Tahir and Ellington recruited Medicare beneficiaries, paying them kickbacks for their Medicare information and signatures on documents that detailed physical therapy and/or skilled nursing services that were either never rendered or not medically necessary. Aamir, Butt, Bhagat, Shah, Tahir and Ellington are also charged with conspiring to pay kickbacks to Tahir and Ellington for their recruiting work. Butt, Bhagat, Shah and Aziz allegedly conspired to launder the proceeds of the scheme.
The charges of health care fraud conspiracy and health care fraud each carry a maximum potential penalty of 10 years in prison and a $250,000 fine. The charge of conspiracy to violate the Anti-Kickback Statute carries a maximum potential penalty of five years in prison and a $25,000 fine. The charge of conspiracy to commit money laundering carries a maximum potential penalty of 20 years in prison and a $500,000 fine.
An indictment is merely a charge and defendants are presumed innocent unless nad until proven guilty.
The case is being prosecuted by Trial Attorney Niall M. O’Donnell of the Criminal Division’s Fraud Section. The investigation is conducted jointly by the FBI and HHS-OIG, as part of the Medicare Fraud Strike Force, and IRS-CI, supervised by the Criminal Division’s Fraud Section and the U.S. Attorney’s Office for the Eastern District of Michigan.
Since their inception in March 2007, strike force operations in nine locations have charged more than 1,480 defendants who collectively have falsely billed the Medicare program for more than $4.8 billion. In addition, the HHS Centers for Medicare and Medicaid Services, working in conjunction with the HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.
Thursday, January 17, 2013
Seven Arrested, Charged with $22 Million Detroit-area Home Health Care Fraud Scheme
Six Detroit-area residents and one Chicago-area resident were arrested today by federal agents on charges arising from the ongoing investigation into an alleged $22 million home health care fraud scheme. The indictment was announced by Assistant Attorney General Lanny A. Breuer of the Justice Department’s Criminal Division; U.S. Attorney Barbara L. McQuade of the Eastern District of Michigan; Special Agent in Charge Robert D. Foley III of the FBI’s Detroit Field Office; Special Agent in Charge Lamont Pugh III of the Health and Human Services Office of Inspector General (HHS-OIG) Chicago Regional Office; and Special Agent in Charge Erick Martinez of the Internal Revenue Service Criminal Investigation (IRS-CI) Detroit Field Office.
According to the 18-count indictment returned Jan. 15, 2013, and unsealed today, the seven individuals allegedly participated in a Medicare fraud scheme operating out of four Oakland County, Mich., home health agencies claiming to provide in-home health services: Royal Home Health Care Inc., Prestige Home Health Services Inc., Platinum Home Health Services Inc. and Empirical Home Health Care Inc. The indictment alleges Medicare paid the agencies approximately $22 million for fraudulently reported services since August 2008.
In addition to the arrests, law enforcement agents suspended Medicare payments to four health care companies associated with the alleged scheme.
Muhammad Aamir, 42; Usman Butt, 39; Hemal Bhagat, 31; Syed Shah, 50; Tariq Tahir, 46; and Raquel Ellington, 56, of the Detroit area; and Tayyab Aziz, 43, from the Chicago area, each are charged with conspiracy to commit health care fraud. All but Aziz are also charged with health care fraud and with conspiracy to violate the Anti-Kickback Statute. Butt, Bhagat, Shah and Aziz are additionally charged with conspiracy to commit money laundering.
According to the indictment, Aamir and Butt owned and operated Prestige; Butt, Bhagat and Shah owned and operated Royal; and Aamir owned and operated Platinum and Empirical – all of which allegedly claimed to provide home health therapy services to Medicare beneficiaries that were unnecessary and/or were never performed. The indictment alleges Tahir and Ellington recruited Medicare beneficiaries, paying them kickbacks for their Medicare information and signatures on documents that detailed physical therapy and/or skilled nursing services that were either never rendered or not medically necessary. Aamir, Butt, Bhagat, Shah, Tahir and Ellington are also charged with conspiring to pay kickbacks to Tahir and Ellington for their recruiting work. Butt, Bhagat, Shah and Aziz allegedly conspired to launder the proceeds of the scheme.
The charges of health care fraud conspiracy and health care fraud each carry a maximum potential penalty of 10 years in prison and a $250,000 fine. The charge of conspiracy to violate the Anti-Kickback Statute carries a maximum potential penalty of five years in prison and a $25,000 fine. The charge of conspiracy to commit money laundering carries a maximum potential penalty of 20 years in prison and a $500,000 fine.
An indictment is merely a charge and defendants are presumed innocent unless nad until proven guilty.
The case is being prosecuted by Trial Attorney Niall M. O’Donnell of the Criminal Division’s Fraud Section. The investigation is conducted jointly by the FBI and HHS-OIG, as part of the Medicare Fraud Strike Force, and IRS-CI, supervised by the Criminal Division’s Fraud Section and the U.S. Attorney’s Office for the Eastern District of Michigan.
Since their inception in March 2007, strike force operations in nine locations have charged more than 1,480 defendants who collectively have falsely billed the Medicare program for more than $4.8 billion. In addition, the HHS Centers for Medicare and Medicaid Services, working in conjunction with the HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.
Wednesday, January 16, 2013
MAN GETS SENTENCED FOR SELLING COUNTERFEIT GENERAL MOTORS DIAGNOSTIC DEVICES
FROM: U.S. DEPARTMENT OF JUSTICE
Friday, January 11, 2013
Virginia Man Sentenced for Trafficking in Counterfeit Gm Diagnostic Equipment
WASHINGTON – A Virginia man was sentenced today in federal court to serve one year and one day in prison for selling counterfeit General Motors (GM) automotive diagnostic devices used by mechanics to identify problems with and assure the safety of motor vehicles, announced Assistant Attorney General Lanny A. Breuer of the Justice Department’s Criminal Division, U.S. Attorney for the Eastern District of Virginia Neil H. MacBride, FBI Assistant Director Ronald T. Hosko of the Criminal Investigative Division and Jeffrey C. Mazanec, Special Agent in Charge of the FBI’s Richmond Field Office.
Justin DeMatteo, 31, of Saxe, Va., was sentenced by Senior U.S. District Judge Claude M. Hilton in the Eastern District of Virginia, following his Sept. 26, 2012, guilty plea to one count of trafficking in goods bearing counterfeit marks. In addition to his prison term, DeMatteo was sentenced to three years of supervised release and ordered to pay restitution of $328,500 (the full amount of GM’s losses). At DeMatteo’s plea proceeding, the court entered a consent order of forfeiture requiring him to forfeit $109,074 in criminal proceeds and all facilitating property and contraband seized during the execution of search warrants at his business and home on Dec. 15, 2011.
In court documents, DeMatteo admitted he sold counterfeit GM Corporation-branded "Tech 2" vehicle diagnostic systems between January and May 2011. The Tech 2 is a hand-held computer used to diagnose problems in vehicles that use electronic controls and interfaces. For newer vehicles, GM designed a new diagnostic interface – the Controller Area Network diagnostic interface (CANdi) module, which serves as an enhancement to the Tech 2 and completes the interface necessary to communicate with future on-board computer systems.
DeMatteo also admitted he offered for sale purported Tech 2 units and CANdi modules that bore counterfeit GM marks. DeMatteo sold the counterfeit Tech 2 units on eBay and accepted payment via PayPal. DeMatteo purchased the units from unauthorized manufacturers in the People’s Republic of China (PRC) and in many cases had them drop-shipped directly from the PRC to U.S. customers. On Dec. 15, 2011, federal agents executed search warrants at DeMatteo’s residence in Saxe and place of business in South Boston, Va. Among other things, agents seized numerous counterfeit GM Tech 2 units and CANdi modules, and various computer equipment and documents that contained evidence linking DeMatteo to the sale of the counterfeit Tech 2 units. According to the stipulated statement of facts and plea agreement, the number of Tech 2 and CANdi units sold by DeMatteo or seized during the searches totaled nearly 100. The retail price of 100 authentic products would have been more than $380,000.
The case was prosecuted by Assistant U.S. Attorney Lindsay Kelly of the Eastern District of Virginia and Trial Attorney Evan Williams of the Criminal Division’s Computer Crime and Intellectual Property Section and was investigated by the FBI’s Intellectual Property Rights Unit, as part of "Operation Engine Newity," an international initiative targeting the production and distribution of counterfeit automotive products that impact the safety of the consumer, and the FBI Richmond Division.
The FBI is a full partner at the National Intellectual Property Rights Coordination Center (IPR Center). The IPR Center is one of the U.S. government’s key weapons in the fight against criminal counterfeiting and piracy. The IPR Center uses the expertise of its 19 member agencies to share information, develop initiatives, coordinate enforcement actions and conduct investigations related to intellectual property (IP) theft. Through this strategic interagency partnership, the IPR Center protects the public’s health and safety, the U.S. economy and the war fighters. To report IP theft or to learn more about the IPR Center, visit www.IPRCenter.gov.
The sentencing announced today was the result of one of many enforcement efforts being undertaken by the Department of Justice Task Force on Intellectual Property (IP Task Force). Attorney General Eric Holder created the IP Task Force to combat the growing number of domestic and international intellectual property crimes, protect the health and safety of American consumers, and safeguard the nation’s economic security against those who seek to profit illegally from American creativity, innovation and hard work. The IP Task Force seeks to strengthen intellectual property rights protection through heightened criminal and civil enforcement, greater coordination among federal, state and local law enforcement partners, and increased focus on international enforcement efforts, including reinforcing relationships with key foreign partners and U.S. industry leaders.
Friday, January 11, 2013
Virginia Man Sentenced for Trafficking in Counterfeit Gm Diagnostic Equipment
WASHINGTON – A Virginia man was sentenced today in federal court to serve one year and one day in prison for selling counterfeit General Motors (GM) automotive diagnostic devices used by mechanics to identify problems with and assure the safety of motor vehicles, announced Assistant Attorney General Lanny A. Breuer of the Justice Department’s Criminal Division, U.S. Attorney for the Eastern District of Virginia Neil H. MacBride, FBI Assistant Director Ronald T. Hosko of the Criminal Investigative Division and Jeffrey C. Mazanec, Special Agent in Charge of the FBI’s Richmond Field Office.
Justin DeMatteo, 31, of Saxe, Va., was sentenced by Senior U.S. District Judge Claude M. Hilton in the Eastern District of Virginia, following his Sept. 26, 2012, guilty plea to one count of trafficking in goods bearing counterfeit marks. In addition to his prison term, DeMatteo was sentenced to three years of supervised release and ordered to pay restitution of $328,500 (the full amount of GM’s losses). At DeMatteo’s plea proceeding, the court entered a consent order of forfeiture requiring him to forfeit $109,074 in criminal proceeds and all facilitating property and contraband seized during the execution of search warrants at his business and home on Dec. 15, 2011.
In court documents, DeMatteo admitted he sold counterfeit GM Corporation-branded "Tech 2" vehicle diagnostic systems between January and May 2011. The Tech 2 is a hand-held computer used to diagnose problems in vehicles that use electronic controls and interfaces. For newer vehicles, GM designed a new diagnostic interface – the Controller Area Network diagnostic interface (CANdi) module, which serves as an enhancement to the Tech 2 and completes the interface necessary to communicate with future on-board computer systems.
DeMatteo also admitted he offered for sale purported Tech 2 units and CANdi modules that bore counterfeit GM marks. DeMatteo sold the counterfeit Tech 2 units on eBay and accepted payment via PayPal. DeMatteo purchased the units from unauthorized manufacturers in the People’s Republic of China (PRC) and in many cases had them drop-shipped directly from the PRC to U.S. customers. On Dec. 15, 2011, federal agents executed search warrants at DeMatteo’s residence in Saxe and place of business in South Boston, Va. Among other things, agents seized numerous counterfeit GM Tech 2 units and CANdi modules, and various computer equipment and documents that contained evidence linking DeMatteo to the sale of the counterfeit Tech 2 units. According to the stipulated statement of facts and plea agreement, the number of Tech 2 and CANdi units sold by DeMatteo or seized during the searches totaled nearly 100. The retail price of 100 authentic products would have been more than $380,000.
The case was prosecuted by Assistant U.S. Attorney Lindsay Kelly of the Eastern District of Virginia and Trial Attorney Evan Williams of the Criminal Division’s Computer Crime and Intellectual Property Section and was investigated by the FBI’s Intellectual Property Rights Unit, as part of "Operation Engine Newity," an international initiative targeting the production and distribution of counterfeit automotive products that impact the safety of the consumer, and the FBI Richmond Division.
The FBI is a full partner at the National Intellectual Property Rights Coordination Center (IPR Center). The IPR Center is one of the U.S. government’s key weapons in the fight against criminal counterfeiting and piracy. The IPR Center uses the expertise of its 19 member agencies to share information, develop initiatives, coordinate enforcement actions and conduct investigations related to intellectual property (IP) theft. Through this strategic interagency partnership, the IPR Center protects the public’s health and safety, the U.S. economy and the war fighters. To report IP theft or to learn more about the IPR Center, visit www.IPRCenter.gov.
The sentencing announced today was the result of one of many enforcement efforts being undertaken by the Department of Justice Task Force on Intellectual Property (IP Task Force). Attorney General Eric Holder created the IP Task Force to combat the growing number of domestic and international intellectual property crimes, protect the health and safety of American consumers, and safeguard the nation’s economic security against those who seek to profit illegally from American creativity, innovation and hard work. The IP Task Force seeks to strengthen intellectual property rights protection through heightened criminal and civil enforcement, greater coordination among federal, state and local law enforcement partners, and increased focus on international enforcement efforts, including reinforcing relationships with key foreign partners and U.S. industry leaders.
Tuesday, January 15, 2013
Monday, January 14, 2013
CHARTER FISHING BOAT CAPTAIN PLEADS GUILTY TO LACEY ACT VIOLATIONS
FROM: U.S. DEPARTMENT OF JUSTICE
Wednesday, January 9, 2013
Virginia Charter Fishing Boat Captain Pleads Guilty to Felony Lacey Act Violation
WASHINGTON – Jeffery S. Adams, 41, of Hudgins, Va., and his corporation Adams Fishing Adventures Inc. pleaded guilty today to trafficking in illegally-harvested striped bass, in violation of the Lacey Act. Among other things, the Lacey Act makes it unlawful for any person to import, export, transport, sell, receive, acquire or purchase any fish and wildlife taken, possessed, transported or sold in violation of any law or regulation of the United States, or to attempt to do so. Under the Lacey Act, it is a "sale" of fish or wildlife for any person, for money or other consideration, to offer or provide guiding, outfitting, or other services.
Ignacia S. Moreno, Assistant Attorney General for the U.S. Department of Justice’s Environment and Natural Resources Division, and Neil H. MacBride, U.S. Attorney for the Eastern District of Virginia, made the announcement after the plea was accepted by U.S. District Judge Mark S. Davis.
Adams and Adams Fishing Adventures were indicted on Nov. 8, 2012, by a federal grand jury on charges of conspiracy, Lacey Act violations and false statements. Adams faces a maximum penalty of five years in prison and a $250,000 fine, as well as forfeiture of the fishing vessel used during the commission of the crimes. Adams Fishing Adventures Inc. faces a maximum fine of $500,000, as well as forfeiture of the fishing vessels used during the commission of the crimes. Sentencing is set for April 18, 2013.
In a statement of facts filed with his plea agreement, Adams and Adams Fishing Adventures admitted that they sold a charter striped bass fishing trip on Jan. 19, 2010, for $800. As part of that charter fishing trip, Adams knowingly took his charter clients into the exclusive economic zone (EEZ) to harvest striped bass, even though Adams knew that it was a violation of federal law to harvest striped bass inside the EEZ. Adams’ clients illegally harvested 10 striped bass within the EEZ on Jan. 19, 2010, and Adams then transported the illegally harvested striped bass back to Rudee Inlet in Virginia Beach, Va., where the sale of Adams’ charter fishing services was finalized.
This case was investigated by the National Oceanic and Atmospheric Administration, Fisheries, Office for Law Enforcement, and the Virginia Marine Police with assistance from the Federal Communications Commission Enforcement Bureau, Norfolk, Va. Office. Trial Attorney James B. Nelson of the Department of Justice’s Environmental Crimes Section of the Environment and Natural Resources Division and Assistant U.S. Attorney Stephen W. Haynie from the Eastern District of Virginia are prosecuting the case on behalf of the United States.
Wednesday, January 9, 2013
Virginia Charter Fishing Boat Captain Pleads Guilty to Felony Lacey Act Violation
WASHINGTON – Jeffery S. Adams, 41, of Hudgins, Va., and his corporation Adams Fishing Adventures Inc. pleaded guilty today to trafficking in illegally-harvested striped bass, in violation of the Lacey Act. Among other things, the Lacey Act makes it unlawful for any person to import, export, transport, sell, receive, acquire or purchase any fish and wildlife taken, possessed, transported or sold in violation of any law or regulation of the United States, or to attempt to do so. Under the Lacey Act, it is a "sale" of fish or wildlife for any person, for money or other consideration, to offer or provide guiding, outfitting, or other services.
Ignacia S. Moreno, Assistant Attorney General for the U.S. Department of Justice’s Environment and Natural Resources Division, and Neil H. MacBride, U.S. Attorney for the Eastern District of Virginia, made the announcement after the plea was accepted by U.S. District Judge Mark S. Davis.
Adams and Adams Fishing Adventures were indicted on Nov. 8, 2012, by a federal grand jury on charges of conspiracy, Lacey Act violations and false statements. Adams faces a maximum penalty of five years in prison and a $250,000 fine, as well as forfeiture of the fishing vessel used during the commission of the crimes. Adams Fishing Adventures Inc. faces a maximum fine of $500,000, as well as forfeiture of the fishing vessels used during the commission of the crimes. Sentencing is set for April 18, 2013.
In a statement of facts filed with his plea agreement, Adams and Adams Fishing Adventures admitted that they sold a charter striped bass fishing trip on Jan. 19, 2010, for $800. As part of that charter fishing trip, Adams knowingly took his charter clients into the exclusive economic zone (EEZ) to harvest striped bass, even though Adams knew that it was a violation of federal law to harvest striped bass inside the EEZ. Adams’ clients illegally harvested 10 striped bass within the EEZ on Jan. 19, 2010, and Adams then transported the illegally harvested striped bass back to Rudee Inlet in Virginia Beach, Va., where the sale of Adams’ charter fishing services was finalized.
This case was investigated by the National Oceanic and Atmospheric Administration, Fisheries, Office for Law Enforcement, and the Virginia Marine Police with assistance from the Federal Communications Commission Enforcement Bureau, Norfolk, Va. Office. Trial Attorney James B. Nelson of the Department of Justice’s Environmental Crimes Section of the Environment and Natural Resources Division and Assistant U.S. Attorney Stephen W. Haynie from the Eastern District of Virginia are prosecuting the case on behalf of the United States.
Sunday, January 13, 2013
INMATE PLEADS GUILTY TO BRUTAL MURDER IN FEDERAL PRISON
FROM: U.S. DEPARTMENT OF JUSTICE
Tuesday, January 8, 2013
Federal Inmate Pleads Guilty in Pennsylvania to Premeditated Prison Murder
WASHINGTON – A federal inmate formerly held in Pennsylvania's Allenwood Federal Correctional Complex pleaded guilty today in Harrisburg, Pa., before U.S. District Judge Yvette Kane, to first degree murder for stabbing and kicking a fellow inmate to death.
Assistant Attorney General Lanny A. Breuer of the Justice Department's Criminal Division and U.S. Attorney for the Middle District of Pennsylvania Peter J. Smith announced the plea, entered today by Shawn Cooya, 33, formerly of White River, Ariz.
According to documents filed in this case and Cooya's admissions in court, in September 2005, Cooya, allegedly along with co-defendant Ritz Williams – another inmate at Allenwood in White Deer, Pa. – aided each other in the premeditated murder of inmate Alvin Allery by repeatedly stabbing him with a homemade knife and repeatedly kicking him in the head and torso.
Cooya and Williams were indicted by a federal grand jury in Williamsport in February 2008 and a superseding indictment was returned in July 2009.
As a result of his plea, Cooya faces a mandatory sentence of life in prison. Sentencing has been scheduled for March 18, 2013.
A trial date for Williams has been scheduled for April 15, 2013. He is considered innocent unless and until proven guilty.
The case was investigated by the FBI, Williamsport, Pa., Resident Agency and the Federal Bureau of Prisons. The case is being prosecuted by Assistant U.S. Attorneys Wayne Samuelson and Michelle Olshefski of the Middle District of Pennsylvania and Michael Warbel of the Criminal Division's Capital Case Unit.
Tuesday, January 8, 2013
Federal Inmate Pleads Guilty in Pennsylvania to Premeditated Prison Murder
WASHINGTON – A federal inmate formerly held in Pennsylvania's Allenwood Federal Correctional Complex pleaded guilty today in Harrisburg, Pa., before U.S. District Judge Yvette Kane, to first degree murder for stabbing and kicking a fellow inmate to death.
Assistant Attorney General Lanny A. Breuer of the Justice Department's Criminal Division and U.S. Attorney for the Middle District of Pennsylvania Peter J. Smith announced the plea, entered today by Shawn Cooya, 33, formerly of White River, Ariz.
According to documents filed in this case and Cooya's admissions in court, in September 2005, Cooya, allegedly along with co-defendant Ritz Williams – another inmate at Allenwood in White Deer, Pa. – aided each other in the premeditated murder of inmate Alvin Allery by repeatedly stabbing him with a homemade knife and repeatedly kicking him in the head and torso.
Cooya and Williams were indicted by a federal grand jury in Williamsport in February 2008 and a superseding indictment was returned in July 2009.
As a result of his plea, Cooya faces a mandatory sentence of life in prison. Sentencing has been scheduled for March 18, 2013.
A trial date for Williams has been scheduled for April 15, 2013. He is considered innocent unless and until proven guilty.
The case was investigated by the FBI, Williamsport, Pa., Resident Agency and the Federal Bureau of Prisons. The case is being prosecuted by Assistant U.S. Attorneys Wayne Samuelson and Michelle Olshefski of the Middle District of Pennsylvania and Michael Warbel of the Criminal Division's Capital Case Unit.
Saturday, January 12, 2013
U.S. MARSHALS SELL REAL ESTATE
FROM: U.S. MARSHALS SERVICE
U.S. Marshals Announce Sales Contracts and Unsolicited Offer on Several Real Properties Titled to Rita Crundwell
Washington – The U.S. Marshals Service entered into contracts totaling more than $3 million with buyers Monday on the sale of three of five real properties titled to Rita Crundwell, the former comptroller of Dixon, Ill., who pleaded guilty to a federal charge of fraud in November.
U.S. Marshals received unsolicited offers totaling $1.69 million on three parcels of real estate in October. The Marshals announced the unsolicited offers and provided a process to receive counteroffers. A total of 13 offers were received. The same buyer is not under contract for more than one parcel. The Marshals do not release individual parcel sale contract prices or the identity of buyers. This information will become public at the time of title transfer through the offices of the Lee County, Ill., Clerk & Recorder, Treasurer and County Assessment. Closings are expected within the next 30 to 45 days.
The real property addresses under contract are 1403 Dutch Road, 1556 Red Brick Road and approximately 81 acres of farmland, all in Lee County, Ill.
The U.S. Marshals Service is responsible for managing and selling seized and forfeited properties acquired by federal criminals through illegal activities. Proceeds generated from asset sales are used to compensate victims, supplement funding for law enforcement initiatives and support community programs. As part of the Department of Justice’s Asset Forfeiture Program, the Marshals currently manage more than 23,000 assets with a value of $2.4 billion.
U.S. Marshals Announce Sales Contracts and Unsolicited Offer on Several Real Properties Titled to Rita Crundwell
Washington – The U.S. Marshals Service entered into contracts totaling more than $3 million with buyers Monday on the sale of three of five real properties titled to Rita Crundwell, the former comptroller of Dixon, Ill., who pleaded guilty to a federal charge of fraud in November.
U.S. Marshals received unsolicited offers totaling $1.69 million on three parcels of real estate in October. The Marshals announced the unsolicited offers and provided a process to receive counteroffers. A total of 13 offers were received. The same buyer is not under contract for more than one parcel. The Marshals do not release individual parcel sale contract prices or the identity of buyers. This information will become public at the time of title transfer through the offices of the Lee County, Ill., Clerk & Recorder, Treasurer and County Assessment. Closings are expected within the next 30 to 45 days.
The real property addresses under contract are 1403 Dutch Road, 1556 Red Brick Road and approximately 81 acres of farmland, all in Lee County, Ill.
The U.S. Marshals Service is responsible for managing and selling seized and forfeited properties acquired by federal criminals through illegal activities. Proceeds generated from asset sales are used to compensate victims, supplement funding for law enforcement initiatives and support community programs. As part of the Department of Justice’s Asset Forfeiture Program, the Marshals currently manage more than 23,000 assets with a value of $2.4 billion.
Friday, January 11, 2013
ROMANIAN NATIONAL SENTENCED FOR ROLE IN REMOTE HACKING SCHEME
FROM: U.S. DEPARTMENT OF JUSTICE
Monday, January 7, 2013
Romanian National Sentenced to 21 Months in Prison for Role in Multimillion-Dollar Scheme to Remotely Hack into and Steal Payment Card Data from Hundreds of U.S. Merchants’ Computers
WASHINGTON – A Romanian national was sentenced today to serve 21 months in prison for his role in an international, multimillion-dollar scheme to remotely hack into and steal payment card data from hundreds of U.S. merchants’ computers, announced Assistant Attorney General Lanny A. Breuer of the Justice Department’s Criminal Division; U.S. Attorney for the District of New Hampshire John P. Kacavas; and Holly Fraumeni, Resident Agent in Charge of the U.S. Secret Service (USSS), Manchester, N.H., Resident Office.
Cezar Butu, 27, of Ploiesti, Romania, was sentenced by Judge Steven J. McAuliffe in U.S. District Court in New Hampshire.
On Sept. 17, 2012, Butu pleaded guilty to one count of conspiracy to commit access device fraud.
In his guilty plea, Butu admitted that, from approximately 2009-2011, he participated in a Romanian-based conspiracy to hack into hundreds of U.S.-based computers to steal credit, debit and payment account numbers and associated data (collectively "payment card data") that belonged to U.S. cardholders. According to court documents, Butu and his co-conspirators used the stolen payment card data to make unauthorized charges on, and/or transfers of funds from, cardholders’ accounts (or alternatively to transfer the stolen payment card data to other co-conspirators who would do the same). Butu admitted that he repeatedly asked an alleged co-conspirator to provide him with stolen payment card data and that the alleged co-conspirator provided him with instructions for how to access a website where a portion of the stolen payment card data was stored. Butu later attempted to use the stolen payment card data to make unauthorized charges on, or transfers of funds from, the accounts. According to Butu’s plea agreement, he also attempted to sell, or otherwise transfer, the stolen payment card data to other co-conspirators for them to use in a similar manner. Butu admitted to acquiring stolen payment card data belonging to approximately 140 cardholders during the course of the scheme.
In his plea agreement, Butu agreed to be sentenced to 21 months in prison.
Butu’s co-conspirator Iulian Dolan pleaded guilty to one count of conspiracy to commit computer fraud and two counts of conspiracy to commit access device fraud, and has agreed to be sentenced to seven years in prison. Dolan’s sentencing hearing is scheduled for April 4, 2013.
Alleged co-conspirator Adrian-Tiberiu Oprea is scheduled for trial on Feb. 20, 2013, in U.S. District Court in New Hampshire.
The case was investigated by the USSS, with the assistance of the New Hampshire State Police and the Romanian Directorate of Investigation of Organized Crime and Terrorism.
The case is being prosecuted by Trial Attorney Mona Sedky in the Criminal Division’s Computer Crime and Intellectual Property Section and Assistant U.S. Attorney Arnold H. Huftalen from the District of New Hampshire.
Monday, January 7, 2013
Romanian National Sentenced to 21 Months in Prison for Role in Multimillion-Dollar Scheme to Remotely Hack into and Steal Payment Card Data from Hundreds of U.S. Merchants’ Computers
WASHINGTON – A Romanian national was sentenced today to serve 21 months in prison for his role in an international, multimillion-dollar scheme to remotely hack into and steal payment card data from hundreds of U.S. merchants’ computers, announced Assistant Attorney General Lanny A. Breuer of the Justice Department’s Criminal Division; U.S. Attorney for the District of New Hampshire John P. Kacavas; and Holly Fraumeni, Resident Agent in Charge of the U.S. Secret Service (USSS), Manchester, N.H., Resident Office.
Cezar Butu, 27, of Ploiesti, Romania, was sentenced by Judge Steven J. McAuliffe in U.S. District Court in New Hampshire.
On Sept. 17, 2012, Butu pleaded guilty to one count of conspiracy to commit access device fraud.
In his guilty plea, Butu admitted that, from approximately 2009-2011, he participated in a Romanian-based conspiracy to hack into hundreds of U.S.-based computers to steal credit, debit and payment account numbers and associated data (collectively "payment card data") that belonged to U.S. cardholders. According to court documents, Butu and his co-conspirators used the stolen payment card data to make unauthorized charges on, and/or transfers of funds from, cardholders’ accounts (or alternatively to transfer the stolen payment card data to other co-conspirators who would do the same). Butu admitted that he repeatedly asked an alleged co-conspirator to provide him with stolen payment card data and that the alleged co-conspirator provided him with instructions for how to access a website where a portion of the stolen payment card data was stored. Butu later attempted to use the stolen payment card data to make unauthorized charges on, or transfers of funds from, the accounts. According to Butu’s plea agreement, he also attempted to sell, or otherwise transfer, the stolen payment card data to other co-conspirators for them to use in a similar manner. Butu admitted to acquiring stolen payment card data belonging to approximately 140 cardholders during the course of the scheme.
In his plea agreement, Butu agreed to be sentenced to 21 months in prison.
Butu’s co-conspirator Iulian Dolan pleaded guilty to one count of conspiracy to commit computer fraud and two counts of conspiracy to commit access device fraud, and has agreed to be sentenced to seven years in prison. Dolan’s sentencing hearing is scheduled for April 4, 2013.
Alleged co-conspirator Adrian-Tiberiu Oprea is scheduled for trial on Feb. 20, 2013, in U.S. District Court in New Hampshire.
The case was investigated by the USSS, with the assistance of the New Hampshire State Police and the Romanian Directorate of Investigation of Organized Crime and Terrorism.
The case is being prosecuted by Trial Attorney Mona Sedky in the Criminal Division’s Computer Crime and Intellectual Property Section and Assistant U.S. Attorney Arnold H. Huftalen from the District of New Hampshire.
Thursday, January 10, 2013
U.S. MARSHALS SERVICE CATCHES FUGITIVE SOUGHT SINCE 1989
FROM: U.S. MARSHALS SERVICE
U.S. Marshals Arrest Florida Fugitive Sought Since 1989
January 08, 2013 - U.S. Marshal Martin J. Pane announced today that the United States Marshals Service arrested Richard Veboys in Scranton, Pennsylvania. In 1988, Veboys was arrested for lewd and lascivious acts on a child, as well as other sex offenses, in Sarasota County Florida. Veboys was convicted of this crime in 1989. In May of 1989, an arrest warrant was issued for Veboys on violations of probation. Veboys could not be located in Florida and was believed to have fled the area.
U.S. Marshals Arrest Florida Fugitive Sought Since 1989
January 08, 2013 - U.S. Marshal Martin J. Pane announced today that the United States Marshals Service arrested Richard Veboys in Scranton, Pennsylvania. In 1988, Veboys was arrested for lewd and lascivious acts on a child, as well as other sex offenses, in Sarasota County Florida. Veboys was convicted of this crime in 1989. In May of 1989, an arrest warrant was issued for Veboys on violations of probation. Veboys could not be located in Florida and was believed to have fled the area.
Wednesday, January 9, 2013
MEDICARE PSYCHOTHERAPY FRAUDSTER PLEADS GUILTY
FROM: U.S. DEPARTMENT OF JUSTICE
Thursday, January 3, 2013
Owner of Detroit Adult Day Care Centers Pleads Guilty in Connection with Medicare Psychotherapy Fraud Scheme
WASHINGTON – The owner of several Detroit-area adult day care centers pleaded guilty today for her role in a $13.2 million psychotherapy fraud scheme, announced Assistant Attorney General Lanny A. Breuer of the Justice Department’s Criminal Division, U.S. Attorney for the Eastern District of Michigan Barbara L. McQuade, Special Agent in Charge Robert D. Foley III of the FBI’s Detroit Field Office and Special Agent in Charge Lamont Pugh III of the U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG), Chicago Regional Office.
Beth Jenkins, 48, of Farmington Hills, Mich., pleaded guilty to one count of conspiracy to commit health care fraud and five counts of health care fraud, before U.S. District Judge Stephen J. Murphy III in the Eastern District of Michigan.
Jenkins admitted that she and others conspired to defraud Medicare through Quality Recreation & Rehabilitation LLC (QRR) and Procare Rehabilitation Inc., two adult day care centers she owned and operated with alleged co-conspirators. According to court documents, Jenkins and her alleged co-conspirators owned and operated several Detroit-area adult foster care homes (AFCs) that housed severely mentally-disabled Medicare recipients. Court documents allege that Medicare beneficiaries living at AFCs, some of which were owned and operated by Jenkins and her alleged co-conspirators, were transported to QRR and Procare by Jenkins and others. According to court documents, Jenkins and her alleged co-conspirators used the AFC residents’ Medicare information to bill Medicare for group and individual psychotherapy that was never provided.
From 2004 through 2011, Jenkins and her alleged co-conspirators submitted more than 185,000 claims to Medicare totaling more than $13.2 million for group and individual psychotherapy that was not provided. According to court documents, Medicare paid $4,777,792 on these claims.
At sentencing, scheduled for April 19, 2013, Jenkins faces a maximum penalty of 60 years in prison and a $1,500,000 fine.
Jenkins’s co-defendants, Dr. Alphonso Berry and Marcus Jenkins, Beth Jenkins’s husband, are scheduled for trial on Jan. 8, 2013. They are presumed innocent until proven guilty at trial.
This case is being prosecuted by William G. Kanellis and Tarek Helou of the Criminal Division’s Fraud Section. It was investigated by the FBI and HHS-OIG, and was brought as part of the Medicare Fraud Strike Force, supervised by the Criminal Division’s Fraud Section and the U.S. Attorney’s Office for the Eastern District of Michigan.
Since its inception in March 2007, the Medicare Fraud Strike Force, now operating in nine cities across the country, has charged more than 1,480 defendants who have collectively billed the Medicare program for more than $4.8 billion. In addition, HHS’s Centers for Medicare and Medicaid Services, working in conjunction with HHS-OIG, is taking steps to increase accountability and decrease the presence of fraudulent providers.
Thursday, January 3, 2013
Owner of Detroit Adult Day Care Centers Pleads Guilty in Connection with Medicare Psychotherapy Fraud Scheme
WASHINGTON – The owner of several Detroit-area adult day care centers pleaded guilty today for her role in a $13.2 million psychotherapy fraud scheme, announced Assistant Attorney General Lanny A. Breuer of the Justice Department’s Criminal Division, U.S. Attorney for the Eastern District of Michigan Barbara L. McQuade, Special Agent in Charge Robert D. Foley III of the FBI’s Detroit Field Office and Special Agent in Charge Lamont Pugh III of the U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG), Chicago Regional Office.
Beth Jenkins, 48, of Farmington Hills, Mich., pleaded guilty to one count of conspiracy to commit health care fraud and five counts of health care fraud, before U.S. District Judge Stephen J. Murphy III in the Eastern District of Michigan.
Jenkins admitted that she and others conspired to defraud Medicare through Quality Recreation & Rehabilitation LLC (QRR) and Procare Rehabilitation Inc., two adult day care centers she owned and operated with alleged co-conspirators. According to court documents, Jenkins and her alleged co-conspirators owned and operated several Detroit-area adult foster care homes (AFCs) that housed severely mentally-disabled Medicare recipients. Court documents allege that Medicare beneficiaries living at AFCs, some of which were owned and operated by Jenkins and her alleged co-conspirators, were transported to QRR and Procare by Jenkins and others. According to court documents, Jenkins and her alleged co-conspirators used the AFC residents’ Medicare information to bill Medicare for group and individual psychotherapy that was never provided.
From 2004 through 2011, Jenkins and her alleged co-conspirators submitted more than 185,000 claims to Medicare totaling more than $13.2 million for group and individual psychotherapy that was not provided. According to court documents, Medicare paid $4,777,792 on these claims.
At sentencing, scheduled for April 19, 2013, Jenkins faces a maximum penalty of 60 years in prison and a $1,500,000 fine.
Jenkins’s co-defendants, Dr. Alphonso Berry and Marcus Jenkins, Beth Jenkins’s husband, are scheduled for trial on Jan. 8, 2013. They are presumed innocent until proven guilty at trial.
This case is being prosecuted by William G. Kanellis and Tarek Helou of the Criminal Division’s Fraud Section. It was investigated by the FBI and HHS-OIG, and was brought as part of the Medicare Fraud Strike Force, supervised by the Criminal Division’s Fraud Section and the U.S. Attorney’s Office for the Eastern District of Michigan.
Since its inception in March 2007, the Medicare Fraud Strike Force, now operating in nine cities across the country, has charged more than 1,480 defendants who have collectively billed the Medicare program for more than $4.8 billion. In addition, HHS’s Centers for Medicare and Medicaid Services, working in conjunction with HHS-OIG, is taking steps to increase accountability and decrease the presence of fraudulent providers.
Monday, January 7, 2013
SOLDIER SENTENCED TO 18 MONTHS IN PRISON FOR ROLE IN RECRUITING REFERRAL BONUS SCHEME
FROM: U.S. DEPARTMENT OF JUSTICE
Friday, January 4, 2013
U.S. Soldier Sentenced in Texas to 18 Months in Prison for His Role in Fraudulent Military Recruiting Referral Bonus Scheme
WASHINGTON ? A member of the U.S. military was sentenced today to serve 18 months in prison for his participation in a conspiracy to obtain approximately $244,000 in fraudulent recruiting referral bonuses from various U.S. military components and their contractor, announced Assistant Attorney General Lanny A. Breuer of the Justice Department?s Criminal Division.
U.S. Army Specialist Richard Garcia, 29, of Kirby, Texas, was sentenced today by Chief U.S. District Judge Fred Biery in the Western District of Texas. In addition to his prison term, Judge Biery sentenced Garcia to serve three years of supervised release and ordered Garcia to pay $244,000 in restitution, jointly and severally with co-conspirators.
On July 26, 2012, Garcia pleaded guilty to one count of conspiracy to commit wire fraud.
According to court documents, Garcia enlisted in the U.S. Army in approximately November 2005.
According to court documents, between 2005 and 2008, the U.S. Army, the U.S. Army Reserves and the National Guard Bureau entered into contracts with Document and Packaging Broker Inc. (Docupak) to administer recruiting bonus programs designed to offer monetary incentives to soldiers who referred others to join the U.S. military. In addition, the Army managed its own recruiting bonus programs, which offered bonuses to soldiers who referred other individuals to join the Army or the Army Reserves after registering online as recruiting assistants (RA) or sponsors. Through these recruiting programs, a participating soldier could receive up to $2,000 in bonus payments for every person he referred to serve in the U.S. military.
Garcia admitted that he participated in a fraud scheme whereby active duty and civilian contract recruiters provided RAs and sponsors with the names and Social Security numbers of ?walk-in? soldiers ? or persons who decided to join the military without being referred by anyone. Using this information, the RAs and sponsors claimed credit for referring these potential soldiers to join the military, when in fact they did not refer them. As part of the fraud scheme, the RAs and sponsors split the bonus payments with the recruiters and others who provided the potential soldiers? personal identifying information.
According to court documents, Garcia and his co-conspirators received at least $244,000 in fraudulent recruiting referral bonuses in total. Garcia and a co-conspirator personally received a total of approximately $13,000 in fraudulent recruiting referral bonuses by using Garcia?s RA account to claim that Garcia was responsible for referring certain potential soldiers to the U.S. Army, when in fact he had not referred those soldiers.
This case arose from an investigation concerning allegations that former and current soldiers and military and civilian contract recruiters in the San Antonio area engaged in a wide-ranging scheme to obtain fraudulent recruiting referral bonuses. To date, 10 individuals have been charged, all of whom have pleaded guilty. The investigation is ongoing.
The case is being prosecuted by Trial Attorneys Edward J. Loya Jr., Brian A. Lichter and Sean F. Mulryne of the Criminal Division?s Public Integrity Section. The case is being investigated by agents from the San Antonio Fraud Resident Agency of the Major Procurement Fraud Unit, U.S. Army Criminal Investigation Division.
Friday, January 4, 2013
U.S. Soldier Sentenced in Texas to 18 Months in Prison for His Role in Fraudulent Military Recruiting Referral Bonus Scheme
WASHINGTON ? A member of the U.S. military was sentenced today to serve 18 months in prison for his participation in a conspiracy to obtain approximately $244,000 in fraudulent recruiting referral bonuses from various U.S. military components and their contractor, announced Assistant Attorney General Lanny A. Breuer of the Justice Department?s Criminal Division.
U.S. Army Specialist Richard Garcia, 29, of Kirby, Texas, was sentenced today by Chief U.S. District Judge Fred Biery in the Western District of Texas. In addition to his prison term, Judge Biery sentenced Garcia to serve three years of supervised release and ordered Garcia to pay $244,000 in restitution, jointly and severally with co-conspirators.
On July 26, 2012, Garcia pleaded guilty to one count of conspiracy to commit wire fraud.
According to court documents, Garcia enlisted in the U.S. Army in approximately November 2005.
According to court documents, between 2005 and 2008, the U.S. Army, the U.S. Army Reserves and the National Guard Bureau entered into contracts with Document and Packaging Broker Inc. (Docupak) to administer recruiting bonus programs designed to offer monetary incentives to soldiers who referred others to join the U.S. military. In addition, the Army managed its own recruiting bonus programs, which offered bonuses to soldiers who referred other individuals to join the Army or the Army Reserves after registering online as recruiting assistants (RA) or sponsors. Through these recruiting programs, a participating soldier could receive up to $2,000 in bonus payments for every person he referred to serve in the U.S. military.
Garcia admitted that he participated in a fraud scheme whereby active duty and civilian contract recruiters provided RAs and sponsors with the names and Social Security numbers of ?walk-in? soldiers ? or persons who decided to join the military without being referred by anyone. Using this information, the RAs and sponsors claimed credit for referring these potential soldiers to join the military, when in fact they did not refer them. As part of the fraud scheme, the RAs and sponsors split the bonus payments with the recruiters and others who provided the potential soldiers? personal identifying information.
According to court documents, Garcia and his co-conspirators received at least $244,000 in fraudulent recruiting referral bonuses in total. Garcia and a co-conspirator personally received a total of approximately $13,000 in fraudulent recruiting referral bonuses by using Garcia?s RA account to claim that Garcia was responsible for referring certain potential soldiers to the U.S. Army, when in fact he had not referred those soldiers.
This case arose from an investigation concerning allegations that former and current soldiers and military and civilian contract recruiters in the San Antonio area engaged in a wide-ranging scheme to obtain fraudulent recruiting referral bonuses. To date, 10 individuals have been charged, all of whom have pleaded guilty. The investigation is ongoing.
The case is being prosecuted by Trial Attorneys Edward J. Loya Jr., Brian A. Lichter and Sean F. Mulryne of the Criminal Division?s Public Integrity Section. The case is being investigated by agents from the San Antonio Fraud Resident Agency of the Major Procurement Fraud Unit, U.S. Army Criminal Investigation Division.
Sunday, January 6, 2013
"IMAGINE" LEADER GOES TO PRISON FOR CRIMINAL COPYRIGHT CONSPIRACY
FROM: U.S. DEPARTMENT OF JUSTICE
Thursday, January 3, 2013
Leader of Internet Piracy Group "IMAGiNE" Sentenced in Virginia to 60 Months in Prison for Criminal Copyright Conspiracy
WASHINGTON – The leader of the Internet piracy group "IMAGiNE" was sentenced today to serve 60 months in prison, announced Assistant Attorney General Lanny A. Breuer of the Justice Department’s Criminal Division, U.S. Attorney for the Eastern District of Virginia Neil H. MacBride and Special Agent in Charge John P. Torres of U.S. Immigration and Customs Enforcement (ICE) Homeland Security Investigations (HSI) in Washington, D.C.
Jeramiah B. Perkins, 40, of Portsmouth, Va., was sentenced by U.S. District Judge Arenda L. Wright Allen in the Eastern District of Virginia. In addition to his prison term, Perkins was sentenced to serve three years of supervised release and ordered to pay $15,000 in restitution. On Aug. 29, 2012, Perkins pleaded guilty to one count of conspiracy to commit criminal copyright infringement.
Perkins was indicted along with three other defendants on April 18, 2012, for their roles in the IMAGiNE Group, an organized online piracy ring that sought to become the premier group to first release Internet copies of movies only showing in theaters.
According to court documents, Perkins directed and participated in using receivers and recording devices in movie theaters to secretly capture the audio sound tracks of copyrighted movies and then synchronized the audio files with illegally recorded video files to create completed movie files suitable for sharing over the Internet among members of the IMAGiNE Group and others.
Perkins admitted he took the lead in renting computer servers in France and elsewhere for use by the IMAGiNE Group. He also admitted he registered domain names for use by the IMAGiNE Group, and opened e-mail and PayPal accounts to receive donations and payments from persons downloading or buying IMAGiNE Group releases of pirated copies of motion pictures and other copyrighted works.
According to testimony by a representative of the Motion Picture Association of America, the IMAGiNE Group constituted the most prolific motion picture piracy release group operating on the Internet from September 2009 through September 2011.
Co-defendants Sean M. Lovelady, Willie O. Lambert and Gregory A. Cherwonik each pleaded guilty to one count of conspiracy to commit criminal copyright infringement on May 9, June 22 and July 11, 2012, respectively. Lambert and Lovelady were sentenced on Nov. 2, 2012, to 30 months and 23 months in prison, respectively. Cherwonik was sentenced on Nov. 29, 2012, to 40 months in prison. A fifth co-defendant, Javier E. Ferrer, was charged in an information on Sept. 13, 2012, for his role in the IMAGiNE Group, and he pleaded guilty to one count of conspiracy to commit criminal copyright infringement on Nov. 29, 2012. Ferrer is scheduled to be sentenced on March 14, 2013.
The investigation of the case and the arrests were conducted by agents with HSI. Assistant U.S. Attorney Robert J. Krask of the Eastern District of Virginia and Senior Counsel John H. Zacharia of the Criminal Division’s Computer Crime and Intellectual Property Section (CCIPS) are prosecuting the case. Significant assistance was provided by the CCIPS Cyber Crime Lab and the Criminal Division’s Office of International Affairs.
This case is part of efforts being undertaken by the Department of Justice Task Force on Intellectual Property (IP Task Force) to stop the theft of intellectual property. Attorney General Eric Holder created the IP Task Force to combat the growing number of domestic and international intellectual property crimes, protect the health and safety of American consumers, and safeguard the nation’s economic security against those who seek to profit illegally from American creativity, innovation and hard work. The IP Task Force seeks to strengthen intellectual property rights protection through heightened criminal and civil enforcement, greater coordination among federal, state and local law enforcement partners, and increased focus on international enforcement efforts, including reinforcing relationships with key foreign partners and U.S. industry leaders. To learn more about the IP Task Force, go to www.justice.gov/dag/iptaskforce.
This investigation was supported by the HSI-led National Intellectual Property Rights Coordination Center (IPR Center) in Washington. The IPR Center is one of the U.S. government's key weapons in the fight against counterfeiting and piracy. Working in close coordination with the Department of Justice’s IP Task Force, the IPR Center uses the expertise of its 21-member agencies to share information, develop initiatives, coordinate enforcement actions and conduct investigations related to IP theft. Through this strategic interagency partnership, the IPR Center protects the public's health and safety, the U.S. economy and our war fighters.
Thursday, January 3, 2013
Leader of Internet Piracy Group "IMAGiNE" Sentenced in Virginia to 60 Months in Prison for Criminal Copyright Conspiracy
WASHINGTON – The leader of the Internet piracy group "IMAGiNE" was sentenced today to serve 60 months in prison, announced Assistant Attorney General Lanny A. Breuer of the Justice Department’s Criminal Division, U.S. Attorney for the Eastern District of Virginia Neil H. MacBride and Special Agent in Charge John P. Torres of U.S. Immigration and Customs Enforcement (ICE) Homeland Security Investigations (HSI) in Washington, D.C.
Jeramiah B. Perkins, 40, of Portsmouth, Va., was sentenced by U.S. District Judge Arenda L. Wright Allen in the Eastern District of Virginia. In addition to his prison term, Perkins was sentenced to serve three years of supervised release and ordered to pay $15,000 in restitution. On Aug. 29, 2012, Perkins pleaded guilty to one count of conspiracy to commit criminal copyright infringement.
Perkins was indicted along with three other defendants on April 18, 2012, for their roles in the IMAGiNE Group, an organized online piracy ring that sought to become the premier group to first release Internet copies of movies only showing in theaters.
According to court documents, Perkins directed and participated in using receivers and recording devices in movie theaters to secretly capture the audio sound tracks of copyrighted movies and then synchronized the audio files with illegally recorded video files to create completed movie files suitable for sharing over the Internet among members of the IMAGiNE Group and others.
Perkins admitted he took the lead in renting computer servers in France and elsewhere for use by the IMAGiNE Group. He also admitted he registered domain names for use by the IMAGiNE Group, and opened e-mail and PayPal accounts to receive donations and payments from persons downloading or buying IMAGiNE Group releases of pirated copies of motion pictures and other copyrighted works.
According to testimony by a representative of the Motion Picture Association of America, the IMAGiNE Group constituted the most prolific motion picture piracy release group operating on the Internet from September 2009 through September 2011.
Co-defendants Sean M. Lovelady, Willie O. Lambert and Gregory A. Cherwonik each pleaded guilty to one count of conspiracy to commit criminal copyright infringement on May 9, June 22 and July 11, 2012, respectively. Lambert and Lovelady were sentenced on Nov. 2, 2012, to 30 months and 23 months in prison, respectively. Cherwonik was sentenced on Nov. 29, 2012, to 40 months in prison. A fifth co-defendant, Javier E. Ferrer, was charged in an information on Sept. 13, 2012, for his role in the IMAGiNE Group, and he pleaded guilty to one count of conspiracy to commit criminal copyright infringement on Nov. 29, 2012. Ferrer is scheduled to be sentenced on March 14, 2013.
The investigation of the case and the arrests were conducted by agents with HSI. Assistant U.S. Attorney Robert J. Krask of the Eastern District of Virginia and Senior Counsel John H. Zacharia of the Criminal Division’s Computer Crime and Intellectual Property Section (CCIPS) are prosecuting the case. Significant assistance was provided by the CCIPS Cyber Crime Lab and the Criminal Division’s Office of International Affairs.
This case is part of efforts being undertaken by the Department of Justice Task Force on Intellectual Property (IP Task Force) to stop the theft of intellectual property. Attorney General Eric Holder created the IP Task Force to combat the growing number of domestic and international intellectual property crimes, protect the health and safety of American consumers, and safeguard the nation’s economic security against those who seek to profit illegally from American creativity, innovation and hard work. The IP Task Force seeks to strengthen intellectual property rights protection through heightened criminal and civil enforcement, greater coordination among federal, state and local law enforcement partners, and increased focus on international enforcement efforts, including reinforcing relationships with key foreign partners and U.S. industry leaders. To learn more about the IP Task Force, go to www.justice.gov/dag/iptaskforce.
This investigation was supported by the HSI-led National Intellectual Property Rights Coordination Center (IPR Center) in Washington. The IPR Center is one of the U.S. government's key weapons in the fight against counterfeiting and piracy. Working in close coordination with the Department of Justice’s IP Task Force, the IPR Center uses the expertise of its 21-member agencies to share information, develop initiatives, coordinate enforcement actions and conduct investigations related to IP theft. Through this strategic interagency partnership, the IPR Center protects the public's health and safety, the U.S. economy and our war fighters.
Friday, January 4, 2013
U.S. DOD AND NATIONALSLAVERY AND HUMAN TRAFFICKING PREVENTION MONTH
FROM: U.S. DEPARTMENT OF DEFENSE
DOD Heightens Training, Prevention to Target Human Trafficking
By Amaani Lyle
American Forces Press Service
WASHINGTON, Jan. 2, 2013 - To spark awareness and vigilance against a growing global human rights crisis, President Barack Obama has proclaimed January as National Slavery and Human Trafficking Prevention Month.
Linda Dixon, the Defense Department's program manager for combating trafficking in persons, told the Pentagon Channel and American Forces Press Service in a recent interview that DOD has strengthened training modules and reporting avenues to combat trafficking in persons, a criminal enterprise that generates roughly $32 billion per year worldwide.
"That's the second-largest source of revenue for criminal enterprises, and it's growing," Dixon said. "Trafficking is a zero-tolerance policy; it's not only immoral, but it is illegal."
The United Nations International Labor organization estimates more than 12 million human trafficking victims worldwide, with an estimated 600,000 to 800,000 new victims each year.
Some victims are Americans, Dixon said, but most victims come from elsewhere. "Source countries are usually areas that are poverty-stricken," she said, "but trafficking is everywhere."
The Trafficking Victim Protection Act defines trafficking in persons as the use of force, fraud or coercion to compel a person to provide labor or services or commercial sex.
The crime, Dixon explained, can run the gamut of exploitation, and includes elements of recruiting, harboring, transportation, providing or obtaining a person for the purpose of exploitation.
State Department officials said the three most common forms of trafficking are labor trafficking, sex trafficking and child soldiering.
Child soldiering entails the unlawful recruitment of minors who, as young as age 7, are sexually and physically abused and forced to commit atrocities in more than 57 armed conflicts worldwide, according to State Department officials.
DOD's demand-reduction and prevention program is a mechanism to report violations and thwart offenses, Dixon said.
In addition to a general awareness training module, she added, the program also includes law enforcement, contractor and leadership-specific training modules.
"We have put together training modules ... [and] a clause in our contracts to prohibit contractors from being involved in trafficking," Dixon said. "All of the agencies have a [trafficking in persons] point of contact -- the services, the combatant commands [and] defense agencies."
Indicators include heavily guarded areas where workers appear intimidated or are being escorted from a facility to their home, or who lack personal documents such as passports or other identification, Dixon explained.
"You should report it to your local authorities; report it through your chain of command," Dixon said.
If DOD personnel are involved in trafficking offenses, she added, the inspector general investigates the type and scope of the offense to determine a course of action.
Noting that 2013 marks the 150th anniversary of the Emancipation Proclamation, Dixon said the year will feature summits, events and conferences to sharpen awareness and eradicate trafficking.
"In DOD, we're charged with making sure that we protect our country's security, and trafficking in persons is a threat to that security," she said.
Dixon said great strides have been made at the highest level to stop this modern-day slavery and restore human dignity.
"There's an education process that's taking place, not only with people in general, but with our law enforcement, to recognize it, understand and know that it is a chargeable offense," Dixon said. "It is a danger to our troops. It's a danger to national security."
DOD Heightens Training, Prevention to Target Human Trafficking
By Amaani Lyle
American Forces Press Service
WASHINGTON, Jan. 2, 2013 - To spark awareness and vigilance against a growing global human rights crisis, President Barack Obama has proclaimed January as National Slavery and Human Trafficking Prevention Month.
Linda Dixon, the Defense Department's program manager for combating trafficking in persons, told the Pentagon Channel and American Forces Press Service in a recent interview that DOD has strengthened training modules and reporting avenues to combat trafficking in persons, a criminal enterprise that generates roughly $32 billion per year worldwide.
"That's the second-largest source of revenue for criminal enterprises, and it's growing," Dixon said. "Trafficking is a zero-tolerance policy; it's not only immoral, but it is illegal."
The United Nations International Labor organization estimates more than 12 million human trafficking victims worldwide, with an estimated 600,000 to 800,000 new victims each year.
Some victims are Americans, Dixon said, but most victims come from elsewhere. "Source countries are usually areas that are poverty-stricken," she said, "but trafficking is everywhere."
The Trafficking Victim Protection Act defines trafficking in persons as the use of force, fraud or coercion to compel a person to provide labor or services or commercial sex.
The crime, Dixon explained, can run the gamut of exploitation, and includes elements of recruiting, harboring, transportation, providing or obtaining a person for the purpose of exploitation.
State Department officials said the three most common forms of trafficking are labor trafficking, sex trafficking and child soldiering.
Child soldiering entails the unlawful recruitment of minors who, as young as age 7, are sexually and physically abused and forced to commit atrocities in more than 57 armed conflicts worldwide, according to State Department officials.
DOD's demand-reduction and prevention program is a mechanism to report violations and thwart offenses, Dixon said.
In addition to a general awareness training module, she added, the program also includes law enforcement, contractor and leadership-specific training modules.
"We have put together training modules ... [and] a clause in our contracts to prohibit contractors from being involved in trafficking," Dixon said. "All of the agencies have a [trafficking in persons] point of contact -- the services, the combatant commands [and] defense agencies."
Indicators include heavily guarded areas where workers appear intimidated or are being escorted from a facility to their home, or who lack personal documents such as passports or other identification, Dixon explained.
"You should report it to your local authorities; report it through your chain of command," Dixon said.
If DOD personnel are involved in trafficking offenses, she added, the inspector general investigates the type and scope of the offense to determine a course of action.
Noting that 2013 marks the 150th anniversary of the Emancipation Proclamation, Dixon said the year will feature summits, events and conferences to sharpen awareness and eradicate trafficking.
"In DOD, we're charged with making sure that we protect our country's security, and trafficking in persons is a threat to that security," she said.
Dixon said great strides have been made at the highest level to stop this modern-day slavery and restore human dignity.
"There's an education process that's taking place, not only with people in general, but with our law enforcement, to recognize it, understand and know that it is a chargeable offense," Dixon said. "It is a danger to our troops. It's a danger to national security."
Thursday, January 3, 2013
Wednesday, January 2, 2013
DOJ ANNOUNCES WEBINAR ON RESOURCES AND PUBLIC DEFENSE
FROM: U.S. JUSTICE DEPARTMENT
The following post appears courtesy of the Access to Justice Initiative.
On January 22, 2013, the Department of Justice and the National Association of Criminal Justice will host a webinar focused on understanding state and federal resources.
During the webinar, we will highlight some of the state and federal resources available to the public defense community, and discuss the Justice Department’s recent efforts to encourage jurisdictions to bring all system stakeholders together in the criminal justice planning process for the allocation of Byrne Justice Assistance Grant (Byrne JAG) funds.
Representatives from the Department of Justice will discuss funding opportunities available through the Byrne JAG program, federal support for public defense initiatives, current opportunities for training and technical assistance, and will highlight the work of DOJ’s Access to Justice Initiative. In addition, webinar attendees will hear from state public defenders about the process of applying for grant funds and review strategies for integrating the indigent defense function into criminal justice resource planning.
During this 50th anniversary year of Gideon v. Wainright, the landmark case that secured the right to counsel in criminal proceedings, the Justice Department is placing renewed emphasis on helping states meet their constitutional obligation to provide effective representation to indigent defendants.
The webinar will be held on January 22nd, 2013, at 3pm.
Register for the Webinar
Learn more: Department of Justice Resources for Indigent Defense Providers(PDF).
The following post appears courtesy of the Access to Justice Initiative.
On January 22, 2013, the Department of Justice and the National Association of Criminal Justice will host a webinar focused on understanding state and federal resources.
During the webinar, we will highlight some of the state and federal resources available to the public defense community, and discuss the Justice Department’s recent efforts to encourage jurisdictions to bring all system stakeholders together in the criminal justice planning process for the allocation of Byrne Justice Assistance Grant (Byrne JAG) funds.
Representatives from the Department of Justice will discuss funding opportunities available through the Byrne JAG program, federal support for public defense initiatives, current opportunities for training and technical assistance, and will highlight the work of DOJ’s Access to Justice Initiative. In addition, webinar attendees will hear from state public defenders about the process of applying for grant funds and review strategies for integrating the indigent defense function into criminal justice resource planning.
During this 50th anniversary year of Gideon v. Wainright, the landmark case that secured the right to counsel in criminal proceedings, the Justice Department is placing renewed emphasis on helping states meet their constitutional obligation to provide effective representation to indigent defendants.
The webinar will be held on January 22nd, 2013, at 3pm.
Register for the Webinar
Learn more: Department of Justice Resources for Indigent Defense Providers(PDF).
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