Security News in Brief: Anchorage Man Pleads Guilty to Fraud Charges

Source: United States Department of Justice News

Involving passports and the receipt of $518,401 in fraudulent government benefits

ANCHORAGE – An Anchorage man was charged by information today and immediately pleaded guilty to passport fraud, health care benefits fraud, false statements relating to health care benefits, Social Security benefits fraud and false statements.

According to court documents, William Joe Westfall, 72, was born in 1949 and served in the U.S. Navy from July 1972 – July 1978. He was a computer technician and retired as a Petty Officer First Class. He did not serve in the Vietnam War, was never stationed in Vietnam, and never traveled to Vietnam or the waters near Vietnam during his service in the U.S. Navy.

Despite his true past, Westfall applied for Medicare benefits in December 2010 stating that he was born in 1941 when he knew that he was born in 1949. Based on this false information, U.S. agencies determined that Westfall was eligible for Medicare and additional Social Security benefits. Since this time, Westfall has received more than $44,000 in Medicare benefits to which he was not entitled and $144,000 more than he was entitled to in Social Security benefits.

In June 2011, Westfall applied for Veterans Health Administration (VHA) medical benefits. In support of his application, Westfall submitted a military discharge document known as a DD-214 to establish eligibility based on prior service in Vietnam. The DD-214 showed his alleged Vietnam War service and 1941 birth year.  Westfall also later claimed to have been a diver in the U.S. Navy, suffered hearing loss as a result of his Vietnam service and to have been exposed to Agent Orange in order to obtain a service-related disability determination through the Veterans Benefits Administration (VBA). The DD-214 and statements about his service in Vietnam, including the associated health issues arising from that service, were false.  In total, Westfall received $331,401.81 in VBA and VHA benefits to which he was not entitled.   

In February 2016, Westfall applied for a U.S. Passport and falsely stated that his birth year was 1941. The passport was issued with the false birth year.

Additionally, in June 2021, federal agents from the Department of Veterans Affairs Office of Inspector General and the Department of Health and Human Services Office of Inspector General interviewed Westfall about these issues. During the interview, Westfall lied to agents by again falsely claiming he was born in 1941, served in Vietnam and was exposed to Agent Orange along the Mekong River Delta.

As part of his plea agreement, Westfall will pay full restitution of $518,401.81 and faces a maximum penalty of 10 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

“Every year the United States suffers enormous losses from fraud against government programs,” said U. S. Attorney John E. Kuhn, Jr. of the District of Alaska. “Fraud against government entitlements and services is intolerable, as it is truly a theft from all taxpayers. Westfall’s half-million-dollar fraud scheme compromised a multitude of programs run by multiple agencies: the Social Security Administration, Medicare, the Veterans Administration, and the Department of State. We applaud the collaborative work of these agencies in investigating this case; their efforts secure the integrity of our programs and services and preserve the limited resources available to fund those programs.”

“This conviction demonstrates the VA OIG’s unwavering commitment to protect programs intended to assist veterans that have served this nation and rightfully earned their benefits,” said Special Agent in Charge Jason P. Root of the Department of Veterans Affairs Office of Inspector General’s Northwestern Field Office.

“HHS-OIG remains vigilant in our quest to identify individuals who attempt to illegally benefit from federal funds and deprive law-abiding citizens from much needed health benefits,” stated Special Agent in Charge Steven J. Ryan of the Department of Health and Human Services Office of Inspector General (HHS-OIG). “Working with our law enforcement partners, we will continue to investigate illegal acts and hold accountable individuals who defraud federal health care programs.”

“This guilty plea results from our collective efforts to hold accountable those who make false statements to obtain Federal benefits. Mr. Westfall deliberately provided fictious biographical information, which caused Social Security Administration (SSA) to improperly pay him more than $144,000 in benefits that he should not have received,” said Gail S. Ennis, Inspector General for the Social Security Administration. “We will continue to work with our law enforcement partners to investigate those who defraud SSA. I thank the Diplomatic Security Services, Veterans Affairs Office of the Inspector General (OIG) and Health and Human Services OIG for their support in this investigation. I also thank the U.S. Attorney’s Office for their efforts in this case.” 

“The Diplomatic Security Service (DSS) is firmly committed to working with the U.S. Department of Justice and our law enforcement partners to investigate and prosecute all allegations of criminal activity related to passport and visa fraud,” said Special Agent in Charge William Chang of the DSS San Francisco Field Office. “The strong relationship we enjoy with our federal and local law enforcement partners is vital towards ensuring the integrity of U.S. travel documents and protecting greater U.S. interests.”

This case is being investigated by the U.S. Department of State’s Diplomatic Security Service; U.S. Department of Veterans Affairs, Office of Inspector General, Criminal Investigations Division; Department of Health and Human Services, Office of Investigation; and the Social Security Administration Office of the Inspector General.  

Assistant U.S. Attorney Michael Heyman is prosecuting the case.

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Security News in Brief: TracFone Wireless to Pay $13.4 Million to Settle False Claims Relating to FCC’s Lifeline Program

Source: United States Department of Justice 2

TracFone Wireless Inc. (TracFone) has agreed to pay $13.4 million as part of a civil settlement to resolve allegations that TracFone violated the False Claims Act by signing up more than 175,000 ineligible customers in connection with the Federal Communications Commission’s (FCC) Lifeline Program (Lifeline).  

Lifeline, created by Congress in the Telecommunications Act of 1996, provides nearly $2 billion each year to assist low-income consumers with their telecommunications needs. In many cases, this consists of a free cell phone (provided by the carrier) and free monthly cell phone service (provided by the government). In order to qualify for Lifeline, a consumer’s income must be at or below 135% of the Federal Poverty Guidelines or the consumer must receive benefits from certain specified federal assistance programs.

The United States alleged that between 2012 and 2015, TracFone, a telecommunications carrier based in Miami, impermissibly signed up more than 175,000 subscribers who were ineligible for the program. TracFone hired independent third-party sales agents, including agents hired by Elite Promotional Marketing Inc. (Elite), to enroll these customers. These agents learned that TracFone’s computer software contained a glitch that allowed ineligible persons to enroll in Lifeline. Some agents in Florida then exploited the glitch to increase their consumer enrollments and commission payments. The government alleged that TracFone failed to adequately review the applications and did not properly investigate reports of clearly ineligible subscribers enrolled in the program that would have revealed the glitch. After TracFone eventually discovered the software glitch in August 2015, it repaid more than $10.9 million to Lifeline, an amount that was credited as part of the $13.4 million settlement.

“Lifeline providers have a duty to ensure that only eligible subscribers are enrolled in the Lifeline Program,” said Deputy Assistant Attorney General Michael D. Granston of the Civil Division’s Commercial Litigation Branch. “Today’s settlement demonstrates our commitment to ensure that those participating in government funded programs exercise appropriate vigilance to prevent the misuse of taxpayer dollars.”

“The U.S. Attorney’s Office is committed to protecting taxpayer funds and safeguarding federal programs from false claims,” said U.S. Attorney Roger Handberg for the Middle District of Florida. “We will continue to work with our law enforcement partners to identify and eliminate practices that defraud Lifeline and other federal programs.”

“Today’s settlement reflects the FCC’s ongoing commitment to root out waste, fraud and abuse in its universal service programs,” said Chairwoman Jessica Rosenworcel of the FCC. “Especially during these unprecedented times, the Universal Service Fund provides a key lifeline for many families, and our careful stewardship of the program ensures that low-income households can access the telecommunications services they so critically need. Let today’s action serve as a warning to others that we will do everything we can to ensure strict compliance with the rules of the road.”

“The FCC Office of Inspector General (OIG) is committed to eliminating fraud, waste and abuse in the Lifeline and other FCC programs, and appreciates its strong partnership with the U.S. Department of Justice,” said Inspector General David Hunt of the FCC OIG. “We will continue to work with our law enforcement partners to ensure these funds are safeguarded from false claims by fund recipients.”

Contemporaneous with the civil settlement, TracFone has agreed to enter into a corporate compliance plan with the FCC. Based upon TracFone’s disclosure, assistance with the government’s investigation, and early repayment in connection with the allegations, TracFone also received a credit for cooperation in connection with the settlement announced today.

The settlement with TracFone resolves a lawsuit filed under the whistleblower provisions of the False Claims Act, which permits private parties to file suit on behalf of the United States for false claims and share in a portion of the government’s recovery. The civil lawsuit was filed in September 2015 by Farrell Gordon, formerly a Lifeline sales representative at Elite. Elite previously settled with the United States for $95,000 based on ability to pay.  As part of the resolution, Mr. Gordon will receive $462,500.

The settlement was the result of a coordinated effort among the U.S. Attorney’s Office for the Middle District of Florida, the Civil Division’s Commercial Litigation Branch, Fraud Section, the FCC OIG and FCC Office of General Counsel.

The claims resolved by the settlement are allegations only, and there has been no determination of liability. The lawsuit resolved by the settlement is captioned United States ex rel. Gordon v. TracFone Wireless, Inc., et al., No. 6:15-cv-1457 (M.D. Fla.).

Security News in Brief: 739 Months In Federal Sentences Imposed For Child Enticement And Human Trafficking Crimes

Source: United States Department of Justice News

TALLAHASSEE, FLORIDA – Last week, three men were sentenced following their guilty pleas to crimes involving the victimization of a child. George Williams, 44, of Perry, Florida, was sentenced to 180 months federal prison for coercing or enticing a minor to engage in prostitution and attempted production of child pornography. Durrell Johnson, 36, of Tallahassee, Florida, was sentenced to 235 months federal prison for coercing or enticing a minor to engage in prostitution and receipt of child pornography. Joshua Curry, 34, of Tallahassee, Florida, was sentenced to 324 months federal prison for conspiracy to sex trafficking a minor and two counts of sex trafficking of a minor. The sentences were announced by Jason R. Coody, United States Attorney for the Northern District of Florida.

“These convictions demonstrate the unwavering commitment to the protection of our most vulnerable and should serve as a significant deterrent to those who would attempt to harm them,” said U.S. Attorney Coody. “Through concerted efforts like Operation Stolen Innocence we will continue to work tirelessly with our law enforcement partners to investigate and prosecute those who prey upon our children.”

“Operation Stolen Innocence represents the strong partnership between HSI and Tallahassee PD, combining law enforcement efforts and expertise to ensure the safety of children and to combat child exploitation,” said HSI Tampa Special Agent in Charge John Condon. “The sentencings of these child predators hold them accountable for targeting our most vulnerable.”

Williams’ prison sentence will be followed by a Lifetime of supervised release, and he will also be required to register as a sex offender and will be subject to sex offender conditions. Johnson and Curry’s prison sentence will be followed by ten years supervised release and both will also be required to register as a sex offender and will be subject to sex offender conditions.

“We are grateful to see justice prevail for the victim in this case,” said Tallahassee Police Chief Lawrence Revell. “These sentences are a testament to the judicial systems’ tireless efforts to hold accountable those who break the law and reiterate to the community that human trafficking will not be tolerated.”

The convictions were the result of a collaborative investigation by the Tallahassee Police Department and Homeland Security Investigations as part of Operation Stolen Innocence, a multi-agency coordinated effort by the United States Marshals Service, the Florida Department of Law Enforcement, the Leon County Sheriff’s Office, and the Office of the State Attorney, Second Judicial Circuit to combat human trafficking in the Tallahassee area. First Assistant United States Attorney Michelle Spaven prosecuted the cases.

The United States Attorney’s Office for the Northern District of Florida is one of 94 offices that serve as the nation’s principal litigators under the direction of the Attorney General. To access public court documents online, please visit the U.S. District Court for the Northern District of Florida website. For more information about the United States Attorney’s Office, Northern District of Florida, visit http://www.justice.gov/usao/fln/index.html.

Security News in Brief: Operator of Westport Tree Service Company Sentenced to Prison for Tax Evasion

Source: United States Department of Justice News

Leonard C Boyle, United States Attorney for the District of Connecticut, announced that ROBERT PORZIO, 48, of Westport, was sentenced today by U.S. District Judge Stefan R. Underhill in Bridgeport to 12 months and one day of imprisonment, followed by one year of supervised release, for tax evasion.  Judge Underhill also ordered Porzio to pay a $25,000 fine.

According to court documents and statements made in court, Porzio, who operates Bert’s Tree Service, Inc., deposited numerous customers’ checks into personal bank accounts, transferred a significant portion of the funds into a personal investment account, and kept from the corporation’s bookkeeper his receipt of the additional payments.  These diverted payments were not reported either on his individual federal tax returns as additional salary or on the corporation’s tax returns as additional receipts.

For the 2012 through 2016 tax years, Porzio failed to report a total of more than $900,000 in additional income.  The underreporting of Porzio’s income tax liability and the company’s payroll tax obligations resulted in a loss of $331,388 to the IRS.

Porzio has paid his back taxes, but he still owes interest and penalties.

Porzio pleaded guilty on December 16, 2021.

This matter was investigated by the Internal Revenue Service – Criminal Investigation Division and prosecuted by Assistant U.S. Attorney Anastasia King.

Security News in Brief: Preston County man sentenced for firearms charge

Source: United States Department of Justice News

CLARKSBURG, WEST VIRGINIA – Joseph Lee Shrout, of Independence, West Virginia, was sentenced today to 37 months of incarceration for a firearms charge, United States Attorney William Ihlenfeld announced.

Shrout, 30, pleaded guilty in October 2021 to one count of “Unlawful Possession of Firearm.” Stout, a person prohibited from having a firearm because of a prior conviction, admitted to having a 9mm pistol in February 2021 in Preston County.

Assistant U.S. Attorney Sarah E. Wagner prosecuted the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms, and Explosives and the West Virginia State Police investigated.

Chief U.S. District Judge Thomas S. Kleeh presided.