Month: April 2022

Source: United States Department of Justice News

Richland, WA – United States Attorney Vanessa R. Waldref and Benton County Prosecuting Attorney Andy Miller jointly announced today that Laurel J. Holland, who serves as a Deputy Prosecuting Attorney in Benton County, has been appointed as a Special Assistant United States Attorney (SAUSA) for the Eastern District of Washington. As a SAUSA, Holland will prosecute cases in both state and federal court, focusing primarily on crimes against children.

In making this announcement, U.S. Attorney Waldref reiterated her office’s commitment to prosecuting federal cases in the Tri-Cities area. “The number of cases prosecuted from our Richland office has risen over the past several years and we expect this to continue. The Tri-Cities area is the second largest metropolitan center in the Inland Northwest, and we will continue to prosecute the area’s most dangerous criminals to the fullest extent. Today’s announcement should serve as yet another signal to those who victimize children that such crimes will not be tolerated in our communities.”

U.S. Attorney Waldref continued, “Federal, State, Tribal, and local partnerships are essential to building safer and stronger communities in Eastern Washington. Many of these partnerships exist on the law enforcement level, including through joint task forces and cross deputization agreements.” U.S. Attorney Waldref further emphasized, “By combining federal and state resources, we are able to accomplish more to keep our communities safe than we otherwise could.” The SAUSA program applies this same principle to criminal prosecution – permitting experienced prosecutors to handle criminal cases in both state court and federal court.

Benton County Prosecuting Attorney Andy Miller similarly addressed the importance of utilizing state and federal partnerships to address crime against children in the Tri-Cities area: “As a Deputy Prosecuting Attorney and a SAUSA, Laurel Holland will have the ability to rely on both federal and state laws to prosecute those who commit crimes against our children, allowing us to better protect children and achieve justice on behalf of children who are harmed.”

Both U.S. Attorney Waldref and Prosecuting Attorney Miller also commended SAUSA Holland’s commitment and dedication to public service. Holland served as a Deputy Prosecuting Attorney for Benton County from October 2009 through October 2015. She later rejoined the Benton County Prosecuting Attorney’s Office in January 2019, where she continues to handle a wide variety of criminal cases, focusing primarily on crimes against children, including online exploitation as well as physical and sexual abuse. Holland’s appointment as a SAUSA also reflects a homecoming for Holland, who served as an Assistant United States Attorney in Yakima, Washington from 2015-2018. U.S. Attorney Waldref put it like this: “We know from experience that SAUSA Holland is an exceptional attorney and prosecutor. She handles her cases with earnestness and vigor to ensure a just and fair result in each and every case. We are fortunate to have her back in the USAO fold.”

Newly appointed SAUSA Holland expressed her continued desire to protect the most vulnerable in our communities. “I’m excited to rejoin the U.S. Attorney’s Office, while continuing my work as a state prosecutor in Benton County. I am especially honored to work with the talented state and federal investigators who devote their careers to protecting young children from physical and sexual abuse. Through combined state and federal efforts, we can make Benton County a safer place to live, work, and raise our families.”

Source: United States Department of Justice News

HARRISBURG –The United States Attorney’s Office for the Middle District of Pennsylvania announced that on April 20, 2022, two previously deported aliens were indicted separately by a federal grand jury for illegal reentry into the United States.

According to United States Attorney John C. Gurganus, Tomi Moscat-Lara, a/k/a Randi Torres-Irizarry, age 44, was charged with illegal re-entry into the United States by a previously deported alien.  He had been deported in December 2013, and is alleged to have illegally reentered the United States sometime after that date.  He was found in the United States in Luzerne County, Pennsylvania, due to an arrest which eventually led to a conviction for Possession with Intent to Distribute Drugs.

Jorge Efren Rivera-Nungaray, a/k/a Gabriel Franko, a/k/a Jorge Efrain Rivera, age 40, was charged with illegal re-entry into the United States by a previously deported alien. He had been deported in November 2013 and is alleged to have illegally reentered the United States sometime after that date.  He was found in the United States in Adams County, Pennsylvania, after an April 6, 2021 arrest for terroristic threats and harassment.

Moscat-Lara and Rivera-Nungaray both face a maximum penalty of 2 years of imprisonment, a term of supervised release following imprisonment, and a fine.

These matters were investigated by U.S. Immigration and Customs Enforcement and Removal Operations (ERO) and are being prosecuted by Assistant United States Attorney Joanne M. Sanderson.

A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines. Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.

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Source: United States Department of Justice News

Tampa, Florida – U.S. District Judge Kathryn Kimball Mizelle has sentenced T’Andre McNeely (Los Angeles, CA) and Michael Carr (Los Angeles, CA) each to six years and six months in federal prison for wire fraud conspiracy relating to their participation in a large-scale international tax fraud scheme.  Both Carr and McNeely had pleaded guilty on December 28, 2021. A third conspirator, Brandon Williams, pleaded guilty to wire fraud on March 29, 2022. His sentencing is scheduled for June 23, 2022.

According to court documents, from Summer 2014 through approximately Spring 2018, Carr, McNeely, and Brandon Williams operated a scheme to defraud the United States government of more than $17 million through the filing of false and fraudulent tax returns in the names of hundreds of identity theft victims. The conspirators used sophisticated cyber means to obtain the personal data used to file the tax returns. Conspirators—including individuals located in Nigeria and Vietnam—then prepared and filed the returns quickly and in large batches. The tax returns were filed from real CPA firms across the United States, all of whom had been hacked.

Carr and McNeely were hired by a Nigeria-based conspirator to collect the proceeds of the tax fraud and send those proceeds to him in Nigeria. Carr and McNeely opened bank accounts, obtained prepaid debit cards, and provided addresses to which tax fraud proceeds could be deposited or mailed. Cards and accounts that McNeely and Carr obtained were used on thousands of false and fraudulent tax returns claiming in excess of $17 million in refunds, to which the conspirators were not entitled.

“Tax fraud is not a victimless crime, and is in fact a crime against the American people. The defendants conspired with foreign nationals to steal the identities of U.S. taxpayers, using cyber tools to breach accounting firms’ security protocols, all for the purpose of lining their pockets with ill-gotten gains” said Special Agent in Charge Mark H. Pearson. “Let this case serve as notice to criminals domestic and foreign, that our investigators are some of the best in the business, and they’re committed to protecting this country and the American public from identity theft and financial fraud.”  

This case was investigated by the Tampa and Oakland Field Offices the Internal Revenue Service–Criminal Investigation (IRS-CI) and the Tampa Field Office of the Federal Bureau of Investigation. Special assistance was provided by the Washington, D.C., and Los Angeles Field Offices of the IRS-CI, and the Tampa Field Office of Homeland Security Investigations. It is being prosecuted by Assistant United States Attorney Rachel Jones.

Source: United States Department of Justice News

An indictment was unsealed today in federal court in Brooklyn charging Elemer Raffai, an orthopedic surgeon, with health care fraud in connection with a $10 million scheme involving the submission of false and fraudulent claims to Medicare and Medicare Part D plans. Raffai was arrested today and will make his initial court appearance this afternoon in United States District Court for the Northern District of New York.

Breon Peace, United States Attorney for the Eastern District of New York; Kenneth A. Polite, Jr. Assistant Attorney General of the Justice Department’s Criminal Division; Scott J. Lampert, Special Agent-in-Charge, U.S. Department of Health and Human Services, Office of Inspector General’s Office of Investigations (HHS-OIG); and Janeen DiGuiseppi, Special Agent-in-Charge, Federal Bureau of Investigation, Albany Field Office (FBI), announced the arrest and indictment.

“In exchange for kickbacks from telemedicine companies, Dr. Raffai allegedly submitted millions of dollars in false and fraudulent claims to Medicare on behalf of beneficiaries without even examining them or based on conversations on the phone that lasted less than three minutes,” stated United States Attorney Peace. “Dishonest doctors who think Medicare is a cash cow and connect with telemedicine companies to brazenly steal from this vital taxpayer-funded program, will find themselves arrested, prosecuted and their scheme disconnected.”

“These allegations describe a physician who is more motivated by personal enrichment than his duty to provide appropriate and necessary care to his patients,” stated HHS-OIG Special Agent in Charge Lampert. “Dr. Raffai is accused not only of disregarding proper patient care, but also of pilfering funds from a program upon which millions of citizens depend for health services. Our agency and law enforcement partners are dedicated to tracking down individuals who commit health care offenses, and their involvement in a fraud network does not insulate them from our pursuit.”

“Healthcare fraud is a serious crime that impacts every American. Dr. Raffai cheated the system for his own personal gain in the amount of $10 million. Like many others who commit healthcare fraud, Dr. Raffai’s crimes contribute to the rising cost of health care for everyone. The FBI, along with our partners, will continue to investigate healthcare fraud to ensure these individuals who willingly defraud the American people are brought to justice,” stated FBI Special Agent-in-Charge DiGuiseppi.

According to the indictment, Dr. Raffai purported to practice telemedicine with the AffordADoc Network and other telemedicine companies that paid the defendant for each consultation with a beneficiary. Between July 2016 and June 2017, Dr. Raffai allegedly participated in a health care fraud scheme in which he signed prescriptions and order forms via purported telemedicine services for durable medical equipment (DME), including orthotic braces, that were not medically necessary. Dr. Raffai caused the submission of these claims based solely on a short telephone conversation for beneficiaries he had not physically examined and evaluated, and that were induced, in part, by the payments of bribes and kickbacks. Dr. Raffai was paid by telemedicine companies approximately $25 or $30 per patient consultation. The indictment further alleges that Dr. Raffai, together with others, submitted or caused the submission of approximately $10 million in false and fraudulent claims to Medicare for DME on behalf of beneficiaries who were residents of the Eastern District of New York, and Medicare paid more than $4 million on those claims.

The charges in the indictment are allegations, and the defendant is presumed innocent unless and until proven guilty. If convicted, Dr. Raffai faces up to 10 years in prison.

The FBI and HHS-OIG are investigating the case, which was brought as part of the Medicare Fraud Strike Force under the supervision by the U.S. Attorney’s Office for the Eastern District of New York and the Criminal Division’s Fraud Section. Trial Attorneys Andrew Estes and Kelly M. Lyons of the Criminal Division’s Fraud Section are in charge of the prosecution.

The Fraud Section leads the Medicare Fraud Strike Force. Since its inception in March 2007, the Medicare Fraud Strike Force, which maintains 15 strike forces operating in 24 districts, has charged more than 4,200 defendants who have collectively billed the Medicare program for nearly $19 billion. In addition, the HHS Centers for Medicare & Medicaid Services, working in conjunction with the HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.

Defendant:
DR. ELEMER RAFFAI
Age: 56
Malone, New York

E.D.N.Y. Docket No.: 22-CR-177 (SJ)

Source: United States Department of Justice News

Ocala, Florida – Senior United States District Judge John Antoon II has sentenced David Chappell Fey (57, Belleview) and Shari Lynn Gunter (58, Ocklawaha) to life imprisonment for murdering a government witness. Fey and Gunter were found guilty by a federal jury following a joint trial in December 2021. The trial required special accommodations, with a separate jury hearing evidence for each defendant. In the end, each jury returned guilty verdicts on all four counts – distribution of methamphetamine, conspiracy to murder a government witness, murder of a government witness, and conspiracy to distribute methamphetamine and fentanyl causing death. Prior to trial, Fey pleaded guilty to an additional seven counts of distributing methamphetamine.

According to trial evidence, Fey and Gunter lived together in Summerfield, Florida, where they routinely distributed methamphetamine and other drugs. The 31-year-old victim, who was the mother of three children, was one of their customers.  The victim had agreed to cooperate with law enforcement and conducted a controlled buy of $40 worth of methamphetamine on January 19, 2016. After discovering that the victim was helping authorities, Fey and Gunter conspired to murder her to prevent her from acting as a witness against them.  Specifically, on April 5, 2016, Fey and Gunter made up a “hot shot” – a syringe containing a lethal amount of fentanyl and methamphetamine – and provided it to the victim. When the victim injected herself, she immediately collapsed. Gunter then dragged the victim outside, kicked her in the head, and placed her in the passenger seat of her car. As the victim sat helpless in the vehicle, Fey and Gunter administered a second, fatal dose of fentanyl and methamphetamine, causing her death. They then drove the victim to a cemetery in Oxford, Florida, and staged the scene to make it appear like an accidental overdose.

“The United States is currently in the midst of an unprecedented opioid epidemic. Every single day, DEA investigators, along with our local and state law enforcement partners, are working tirelessly to keep our communities safe and healthy,” said DEA Miami Field Division Special Agent in Charge Deanne L. Reuter. “This sentencing highlights our commitment to our Florida communities, our efforts to bring justice to the victims and their families, and our resolution to hold these drug traffickers accountable for their actions.”

This case was investigated by the Drug Enforcement Administration, with support from the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Florida Department of Law Enforcement, the Marion County Sheriff’s Office, the Unified Drug Enforcement Strike Team, the Sumter County Sheriff’s Office, and the Clay County Sheriff’s Office. It was prosecuted by Assistant United States Attorneys Michael P. Felicetta and Tyrie K. Boyer.