Security News: Associate Attorney General Vanita Gupta Delivers Remarks at the Elder Justice Decision-Making Capacity Symposium

Source: United States Department of Justice News

Remarks as Prepared for Delivery

Thank you, Andy, for that warm welcome and for all of your work as the Department of Justice’s National Elder Justice Coordinator. I also want to thank the Elder Justice Initiative, the Justice Department’s Office of Legal Education, the Civil Division’s Office of Training and our many federal partners, especially the Department of Health and Human Services, who helped to plan this remarkable symposium.

I want to thank our participants and panelists, and I am delighted to welcome all of you to the department’s first-ever Elder Justice Decision-Making Capacity Symposium.

The Department of Justice is committed to using all of its tools to ensure that older Americans receive the support and protections they deserve. Every year, millions of older Americans are abused, neglected and financially exploited, often by those who are entrusted to care for them. The department has aggressively pursued justice for elders in a wide variety of fields – from nursing homes that provide grossly substandard care, to guardians and others who abuse their positions of trust and to multinational fraud schemes that target older adults. The department has also formed strong collaborative relationships with state and local law enforcement and provides trainings and webinars on elder abuse and financial exploitation to hundreds of civil attorneys, prosecutors, judges, investigators and other elder justice professionals in multiple disciplines, to ensure that they can appropriately respond to the specific needs of older adults.

This symposium addresses a foundational part of our work to protect our nation’s older adults: ensuring that they have access to justice and that they are treated with dignity and fairness. Advocates, prosecutors, law enforcement officers, judges, clinicians and others have repeatedly reported that too often, older adults are being denied a full measure of justice, in part because of mistaken assumptions or inadequate assessments of their capacity to make decisions for themselves.

These assessments can have deep and lasting impacts on the lives of older adults. In the criminal context, these assessments may be critical in ensuring that justice is obtained for older adult victims and, through restitution in certain cases, that they are made financially whole again. For example, an older adult may be a critical witness to a crime that will not be prosecuted if she is deemed incompetent to testify. Perpetrators who target older adult victims may seek to manipulate them, and a victim’s decision-making capacity may affect their interactions with their abusers. Assessing the victim’s decision-making capacity can help law enforcement tailor investigations to identify those cases that may, initially, appear to be cases involving a consenting adult, when in fact the victim did not – or could not – consent.

In civil cases, assessments about the need for a guardianship or conservatorship may govern an older adult’s ability to make core life decisions – where she can live, what medical decisions she can make, how she can spend her hard-earned money and with whom she can develop friendships and find companionship and love.   

Those of us who work in the legal system need to have a deeper understanding of how to address the specific needs of older adults and how to appropriately assess an individual’s decision-making capacity in a given case. As we work to combat elder fraud and abuse, we must equip ourselves with the knowledge and tools to ensure that we protect their rights and pursue justice when they have been victimized.   

That is why I am truly excited that you all have joined us for this symposium. Over the next three days, we will be engaging in a robust conversation about how we can best serve and protect older adults in this country. Participants span the spectrum of experts – including professors, clinicians, researchers, judges, prosecutors, law enforcement officers, aging services and social services professionals, administrative officials and many others. Although you come from many different fields, we are all here because we share a deep commitment to supporting and protecting older adults.

Your diversity of experiences is critical: it is through the cross-sectional expertise that you all bring that we will be able to have a fuller understanding of how to safeguard the rights of older adults. We need clinicians to help legal professionals, judges and adult protective services officials understand what capacity assessments can and cannot tell us about an older person’s abilities, and we must ensure that the tools used to assess decision-making capacity are valid and reliable.

Clinicians and elder justice professionals also need to share common understandings about their respective roles in the legal system, and I hope we can learn how to enhance communication between and among clinicians and elder justice professionals.

Finally, this symposium will explore how misconceptions about aging and decision-making capacity impact our civil and criminal legal systems. We need to confront and dispel negative stereotypes about the cognitive and decision-making capabilities of older adults. Even when a person has been diagnosed with a cognitive disability, we must understand how to reliably assess their actual decision-making capacity and how that capacity impacts the outcomes of a specific case or prosecution.

This symposium is just the beginning of the work we must do to ensure that all of us – judges, prosecutors, advocates, academics, researchers, guardians, adult protective services, aging services, social services professionals, elder justice professionals, doctors and clinicians, law enforcement officers and government officials – have a greater understanding of how aging and decision-making capacity impacts older adults so that the civil and criminal legal systems honor the rights of older adults, provide them with the greatest autonomy possible and protect those who have been abused, neglected or subjected to financial exploitation.

Thank you for sharing your vision, expertise and leadership as we forge forward together in pursuit of justice for our country’s older adults.

Security News: Florida Man Pleads Guilty to Federal Charges for Hate-Motivated Threats Against a U.S. Member of Congress

Source: United States Department of Justice News

A Florida man pleaded guilty today in U.S. District Court to threatening a member of the U.S. House of Representatives. Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division and U.S. Attorney Roger B. Handberg for the Middle District of Florida made the announcement.

On April 19, David Hannon, 67, of Sarasota, entered a guilty plea before U.S. Magistrate Judge Christopher P. Tuite to an information charging him with one count of threatening a federal official.

According to information presented at the guilty plea hearing, on July 16, 2019, while in Sarasota, Hannon sent an email to U.S. Congresswoman Ilhan Omar threatening to kill her. Hannon sent the email following a televised press conference held by Representative Omar and three other U.S. Congresswomen. In his threatening email, which had a subject line that read, “[You’re] dead, you radical Muslim,” Hannon referred to Congresswoman Omar and the other Congresswomen of color as “radical rats,” and asked Congresswoman Omar if she was prepared “to die for Islam.” The email further stated that Hannon was going to shoot the Congresswomen in the head.

“Threatening to kill our elected officials, especially because of their race, ethnicity or religious beliefs, is offensive to our nation’s fundamental values,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Justice Department will not hesitate to prosecute individuals who violate federal laws that prohibit violent, hate-motivated threats. All elected officials, regardless of their background, should be able to represent their communities and serve the public free from hate-motivated threats and violence.”

“No one should fear violence because of who they are or what they believe,” said U.S. Attorney Roger Handberg for the Middle District of Florida. “Unlawful threats against our elected officials are an assault against our democracy, and we will continue to work with our law enforcement partners to seek justice in these cases.”

The case is being investigated by the FBI with assistance from the U.S. Capitol Police, and is being prosecuted by Civil Rights Division Trial Attorney Sanjay Patel and Assistant U.S. Attorney Erin Claire Favorit for the Middle District of Florida.  

Security News: Portland Housekeeper Pleads Guilty to Wire Fraud after Stealing Covid-Relief Funds

Source: United States Department of Justice News

PORTLAND, Ore.—A Portland area housekeeper pleaded guilty today for perpetrating a scheme to steal funds intended to help small businesses during the COVID-19 pandemic.

Kimberly Aralene Wells, 40, a resident of Portland, pleaded guilty to one count of wire fraud.

According to court documents, by the summer of 2020, after Congress passed the Coronavirus Aid, Relief, and Economic Security (CARES) Act to provide emergency financial assistance to millions of Americans suffering the economic effects of the COVID-19 pandemic, Wells devised a scheme to defraud the Small Business Administration (SBA) by fraudulently applying for CARES Act-authorized Paycheck Protection Program (PPP) loans and Economic Injury Disaster Loans (EIDL) using a fictitious shell company.

To perpetrate her scheme, Wells used her fictitious company, Kim’s Cleaning Inc., to apply for PPP loans from Itria Ventures LLC, an online commercial lending platform based in New Jersey. In her loan applications, Wells falsely claimed her business posted gross annual receipts of more than $600,000 and maintained an average monthly payroll of more than $19,000. In reality, Wells’ company existed in name only and had no employees.

As a result of her misrepresentations, in February 2021, Itria disbursed nearly $49,000 in PPP funds to Wells. Wells in turn used the funds to pay for various personal expenses, including travel and gambling. Between July 2020 and May 2021, Wells also submitted three fraudulent EIDL applications that were denied by SBA.

On November 11, 2021, a federal grand jury in Portland returned a three-count indictment charging Wells with wire fraud.

Wells faces a maximum sentence of 20 years in prison, a $250,000 fine and three years of supervised release. She will be sentenced on August 8, 2022 before U.S. District Court Judge Michael H. Simon.

As part of her plea agreement, Wells has agreed to pay $51,457 in restitution to Itria and SBA.

U.S. Attorney Scott Erik Asphaug of the District of Oregon made the announcement.

This case was investigated by the U.S. Treasury Inspector General for Tax Administration (TIGTA), the SBA Office of Inspector General, and the FBI. Assistant U.S. Attorney Ryan W. Bounds is prosecuting the case.

Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Justice Department’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.

Security News: Owner of Counseling Agency and Supervising Manager Sentenced on Healthcare and Wire Fraud Charges

Source: United States Department of Justice News

SHREVEPORT, La. – United States Attorney Brandon B. Brown announced that Marty T. Johnson and Keesha Dinkins were both sentenced today by United States District Judge Donald E. Walter in connection with a healthcare fraud and wire fraud scheme they were involved in.

Johnson, 59, of Shreveport, was sentenced to 60 months in prison, followed by 1 year of supervised release. Dinkins, 45, of Bossier City, was sentenced to 24 months in prison, followed by 1 year of supervised release. In addition, Johnson and Dinkins were ordered to jointly pay restitution in the amount of $3,500,000.

On October 26, 2021, Johnson and Dinkins each entered guilty pleas in connection with the case. Johnson pleaded guilty to a Bill of Information charging him with conspiracy to commit healthcare fraud and wire fraud. Dinkins pleaded guilty to a Bill of Information charging her with misprision of a felony charge of healthcare fraud. Johnson and Dinkins each admitted to defrauding the Medicaid Program out of $3.5 million.

According to information presented to the court, Johnson owned and operated Positive Change Counseling Agency (Positive Change) located in Shreveport, Louisiana, from January 2013 to January 2018. Keesha Dinkins was a manager and supervisor at Positive Change. Positive Change provided mental health rehabilitation and related services to Medicaid beneficiaries in the Caddo and Bossier Parish areas. From 2014 to January 2018, Johnson submitted and caused to be submitted fraudulent claims for mental health rehabilitation and non-emergency transportation services on behalf of Positive Change. Dinkins knew that Johnson submitted these fraudulent claims which she and Johnson both knew were not performed or rendered. These fraudulent claims resulted in Positive Change receiving payments from Medicaid to which it was not entitled. 

Johnson admitted to paying individuals money to enroll with Positive Change, increasing the capacity for Positive Change to bill Medicaid for services that were not rendered. Johnson instructed employees, and Dinkins supervised those employees, at Positive Change to create false client files to conceal from Medicaid and insurance company auditors and inspectors that it had not performed the services related to its previously submitted claims which had already been reimbursed by Medicaid. In order to create these false client files, sections from different client documents were physically cut to create inserts which were glued into blank client log templates. These templates with the glued inserts were then photocopied to create the appearance of legitimate documents. Johnson and Dinkins supervised and knowingly and willfully instructed the employees that were creating these false client files to place the false and fictitious photocopied, cut and pasted, documents into the client files.  Johnson and Dinkins knew that these false client files were used to conceal from Medicaid officials that Positive Change did not render the services in the claims submitted by it and paid by Medicaid.

In addition, Johnson knowingly caused Positive Change to use Medicaid recipients’ names and identification information without their knowledge or consent to submit fraudulent claims for mental health rehabilitation and non-emergency transportation.

The case was investigated by the U.S. Department of Health and Human Services–Office of Inspector General, Louisiana State Attorney General’s Office-Medicaid Fraud Control Unit, and Federal Bureau of Investigation. Assistant U.S. Attorney Earl M. Campbell prosecuted the case.

If you have any information pertaining to this or any other type of Medicaid fraud, please contact the U.S. Department of Health and Human Services–Office of Inspector General at 1-800-HHS-TIPS (1-800-447-8477) or the Louisiana Medicaid Fraud Hotline at 1-800-488-2917.

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Security News: Rochester Man Wanted On An Outstanding Warrant In Texas Arrested On Charges Of Distribution And Possession Of Child Pornography

Source: United States Department of Justice News

CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051

ROCHESTER, N.Y. – U.S. Attorney Trini E. Ross announced today that Joseph Perez, of Rochester, NY, was arrested and charged by criminal complaint with distribution of child pornography and possession of child pornography involving a prepubescent minor. The charges carry a maximum penalty of 20 years in prison.

Assistant U.S. Attorney Meghan K. McGuire, who is handling the case, stated that in December 2020, the National Center for Missing and Exploited Children (NCMEC) received a cybertip from Twitter, Inc. that an individual, later identified as Perez, uploaded four images of suspected child pornography to Twitter. Subsequently, in March 2021, NCMEC received a cybertip from Instagram indicating that Perez uploaded one file of suspected child pornography. On November 5, 2021, the New York State Police executed a search warrant at Perez’s Avenue D residence and recovered several electronic devices were seized. A forensic analysis found approximately 125 videos of child pornography on a cellular telephone. At the time of his arrest, investigators discovered that there is an active warrant for Perez’s arrest out of Potter County, Texas, where he was charged with Indecency with a Child/Sexual Contact.

The complaint is the result of an investigation by Homeland Security Investigations, under the direction of Acting Special Agent-in-Charge Matthew Scarpino, the New York State Police, under the direction of Major Eugene Staniszewski, and the Monroe County District Attorney’s Office, under the direction of District Attorney Sandra Doorley.

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

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