Security News: Two Individuals Convicted in $1.4 Billion Health Care Fraud Scheme Involving Rural Hospitals in Florida, Georgia, and Missouri

Source: United States Department of Justice Criminal Division

After a 24-day trial, a federal jury in the Middle District of Florida convicted two individuals for their roles in a conspiracy that fraudulently billed approximately $1.4 billion for laboratory testing services in a sophisticated pass-through billing scheme involving rural hospitals.

According to court documents and evidence presented at trial, Jorge Perez, 62, and Ricardo Perez, 59, both of Miami, Florida, conspired with each other and others to unlawfully bill for approximately $1.4 billion of laboratory testing services which were medically unnecessary, and that fraudulently used rural hospitals as billing shells to submit claims for services that mostly were performed at outside laboratories. Jorge Perez and Ricardo Perez also committed health care fraud on five specific occasions, and conspired to launder the proceeds of this fraudulent scheme.

“These defendants preyed on and exploited the vulnerable – vulnerable hospitals, vulnerable underserved communities, and vulnerable patients seeking treatment for addiction – to line their own pockets,” said Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division. “We will continue to work tirelessly to hold accountable those who exploit the integrity of the health care industry for profit.”

“The defendants in this case engaged in an elaborate scheme to prey upon distressed medical facilities across multiple states and defraud private insurers,” said U.S. Attorney for the Middle District of Florida Roger Handberg. “Today’s verdict clearly demonstrates our vigilance to prosecute those who violate our laws for profit.”

“The defendants in today’s case allegedly conspired to run an elaborate billing scheme which took advantage of vulnerable hospitals and the rural communities that relied on them,” said Assistant Director Luis Quesada of the FBI’s Criminal Investigative Division. “The FBI and our law enforcement partners are dedicated to protecting the health care system and shutting down fraudulent billing shells.” 

The evidence showed that the defendants targeted and obtained control of financially distressed rural hospitals through management agreements and purchases. The defendants sought to obtain control of these rural hospitals because of private insurance contracts that provided for higher reimbursement rates for laboratory testing — a common feature of rural hospital contracts designed to ensure that the hospitals can survive and provide rural communities with much needed care. The defendants promised to save these rural hospitals from closure by turning them into laboratory testing sites, but instead billed for fraudulent laboratory testing worth hundreds of millions of dollars in a sophisticated and years-long “pass-though” billing scheme. The scheme made it appear that the rural hospitals themselves did the laboratory testing when, in most cases, it was done by testing laboratories controlled by certain defendants.

The evidence further showed that much of the laboratory testing billed through these rural hospitals involved urine drug testing for vulnerable addiction treatment patients, often obtained through kickbacks paid to recruiters and providers, frequently at sober homes or substance abuse treatment facilities. The tests billed by the defendants were often not medically necessary. After private insurance companies began to question the defendants’ billings, they would move on to another rural hospital, leaving the rural hospitals they took over in the same or worse financial status as before. Three of the four rural hospitals closed shortly after the defendants moved on to a different rural hospital. The defendants also conspired to launder the proceeds of their scheme through a series of large financial transfers. 

Jorge Perez and Ricardo Perez were convicted of conspiracy to commit health care fraud and wire fraud, five counts of health care fraud, and conspiracy to commit money laundering of proceeds greater than $10,000. The defendants face a maximum penalty of 20 years for each of the health care fraud and wire fraud conspiracy and money laundering conspiracy counts, and 10 years for each substantive health care fraud count. A federal district court judge will determine the sentences after considering the U.S. Sentencing Guidelines and other statutory factors.

The rural hospitals involved in this case were: Campbellton-Graceville Hospital (CGH), a 25-bed rural hospital located in Graceville, Florida; Regional General Hospital of Williston, a 40-bed facility located in Williston, Florida; Chestatee Regional Hospital, a 49-bed rural hospital located in Dahlonega, Georgia; and Putnam County Memorial Hospital, a 25-bed rural hospital located in Unionville, Missouri.

The FBI’s Jacksonville Field Office; Office of Personnel Management, Office of Inspector General (OPM-OIG); Department of Labor, Office of Inspector General (DOL-OIG); and the Amtrak Office of Inspector General investigated the case.

Assistant U.S. Attorney Tysen Duva for the Middle District of Florida and Senior Litigation Counsel Jim Hayes and Trial Attorney Gary Winters of the Criminal Division’s Fraud Section are prosecuting the case.

Defense News: NAS Lemoore Celebrates 60th Anniversary

Source: United States Navy

The base was commissioned on Saturday, July 8, 1961, in front of a crowd of thousands of thrilled personnel, residents and distinguished guests. When it was first built, the base was the U.S. Navy’s largest and most modern Master Jet Base in the nation and cost $100 million – with inflation, that’s nearly $1 billion today. It was the first base designed solely for light attack fighter jets – in 1961 that meant the A4D Skyhawk. Nowadays, you’ll see F/A-18E/F Super Hornets and the Navy’s most advanced aircraft, the F-35C Lightning II, soaring in the skies above. The base’s main function – to train fighter jet pilots and crew – remains the same today as it did in 1961. And it is still the U.S. Navy’s premier Master Jet Base.

When the site was chosen in the mid-1950s, the remote location in the San Joaquin Valley served several strategic purposes. The location was close enough to the Navy’s seaport facilities for logistical support, but far enough from major population centers to allow for unencumbered operations and possible future expansion. The remote location also provided flexibility in use and infrastructure to accommodate rapidly advancing jet technology. The adjacent lands were sparsely populated and were primarily used for agricultural production, thus minimizing potential land-use incompatibilities.

Construction of the Operations Side of Naval Air Station Lemoore. Hangar 1 nears completion, as Hangar 2’s construction begins in earnest.

When commissioned in 1961, the base covered 28 square miles and employed more than 5,000 people with salaries that totaled more than $30 million annually ($280 million in 2022). Today, the base hasn’t grown much in land size, but it has more than doubled its workforce, with roughly 11,800 jobs boasting an annual payroll of $478 million.

The base’s economic impact on the San Joaquin Valley cannot be understated. In fiscal year 2019, the base generated $947 million in total economic benefit to its local region of influence, which includes Kings, Tulare and Fresno counties. The base is truly a partner with its neighbors.

Currently, NAS Lemoore is just as busy as ever. On average, more than 210,000 flight operations are flown annually. And more than 3,700 students are trained each year.

The base will mark the occasion with a celebration on July 1 at 1 p.m. on base. Technically, 2022 marks the base’s 61st birthday, but Covid restrictions forced a year’s delay.

Security News: Justice Department Sues Kansas Department of Health and Environment to Protect the Rights of a U.S. Army National Guard Member

Source: United States Department of Justice

The Department of Justice announced today that it has filed a lawsuit in federal court in the District of Kansas against the Kansas Department of Health and Environment (KDHE), to protect the employment rights of Army National Guard Staff Sergeant (SSG) Stacy Gonzales. The Department of Justice alleges that KDHE violated the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) when it took action to eliminate SSG Gonzales’ position because she had an upcoming military deployment.

“This lawsuit reinforces the Justice Department’s strong commitment to protecting the rights of those who serve in our country’s armed forces,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “We owe a solemn duty to members of the National Guard and Reserve to act when any employer seeks to deny them an opportunity to earn a living because they are called to duty.”

“Any attempt to deny someone employment based upon their dedicated military service to this country is wrong and a violation of that person’s civil rights,” said U.S. Attorney Duston Slinkard for the District of Kansas. “It is the responsibility of the Justice Department to take action to support our servicemembers and we take that responsibility very seriously.”

According to the complaint, SSG Gonzales was employed as a Disease Intervention Specialist (DIS) with the Finney County, Kansas, Department of Health from 2001 to 2010, a position funded by and under the direct control and supervision of KDHE. During this time, she also performed active military service including deployments to Iraq and Kuwait, as well as periodic training. The complaint alleges that upon her return from active service overseas in 2007, SSG Gonzales began to experience hostility from KDHE regarding her military obligations. The complaint further alleges that upon notice that Gonzales had orders for an overseas deployment in 2010, KDHE eliminated the funding for SSG Gonzales’ DIS position, thereby eliminating the position. The lawsuit seeks the recovery of SSG Gonzales’ lost wages and other employment benefits, as well as liquidated damages. 

USERRA protects the rights of uniformed servicemembers to retain their civilian employment following absences due to military service obligations, and provides that servicemembers shall not be discriminated against because of their military obligations. The Justice Department gives high priority to the enforcement of servicemembers’ rights under USERRA. Additional information about USERRA can be found on the Justice Department’s websites at www.justice.gov/crt-military/employment-rights-userra and www.justice.gov/servicemembers as well as on the Department of Labor’s (DOL) website at www.dol.gov/vets/programs/userra.

This case stems from a referral by the DOL, at SSG Gonzales’ request, after an investigation by the DOL’s Veterans’ Employment and Training Service. The case is being handled by Robert Galbreath in the Employment Litigation Section of the Department of Justice’s Civil Rights Division and Assistant U.S. Attorney Tyson Shaw in the U.S. Attorney’s Office for the District of Kansas.

Security News: Justice Department Secures Settlements with 16 Employers for Posting Job Advertisements on College Recruiting Platforms That Discriminated Against Non-U.S. Citizens

Source: United States Department of Justice News

The Department of Justice today announced that it signed settlement agreements requiring 16 private employers to pay a total of $832,944 in civil penalties to resolve claims that each company discriminated against non-U.S. citizens in hiring. According to the department, each company posted at least one job announcement excluding non-U.S. citizens on an online job recruitment platform operated by the Georgia Institute of Technology (Georgia Tech). One employer posted as many as 74 discriminatory advertisements on Georgia Tech’s platform, while several of the employers posted discriminatory advertisements on other college or university platforms as well. The department determined that the advertisements deterred qualified students from applying for jobs because of their citizenship status, and in many cases the citizenship status restrictions also blocked students from applying or even meeting with company recruiters.

“Unlawful hiring discrimination based on citizenship or immigration status is a widespread problem across higher education in the United States, putting many jobs out of reach of qualified college students and recent graduates,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Civil Rights Division is committed to enforcing the law to ensure that students and job applicants — including lawful permanent residents, U.S. nationals, asylees and refugees — are protected from unlawful discrimination. We will hold employers accountable for using on-campus recruiting platforms in a discriminatory manner and work to provide relief for victims.”

The department’s involvement in these matters began after a lawful permanent resident filed a discrimination complaint with the Civil Rights Division’s Immigrant and Employee Rights Section, alleging that a company advertised a U.S.-citizens only position on a Georgia Tech job recruitment platform. The department’s investigation discovered a rash of other facially discriminatory advertisements on Georgia Tech’s job recruiting platform as well as other platforms operated by colleges and universities across the United States. The department proceeded to open investigations of the employers with which it is settling, and continues investigations into additional employers.

The Immigration and Nationality Act (INA) generally prohibits employers and recruiters from limiting jobs based on citizenship or immigration status unless required by a law, regulation, executive order or government contract. The INA protects U.S. citizens, U.S. nationals, refugees, asylees and recent lawful permanent residents from citizenship status discrimination in hiring, firing and recruitment or referral for a fee. Regardless of whether colleges or universities run afoul of the INA in the way they operate their job recruitment platforms, employers themselves are liable if the advertisements they post on those platforms violate the INA.

Under the terms of their individual settlement agreements with the department, the following 16 employers will pay civil penalties in varying amounts, depending, in part, on the number of discriminatory advertisements they posted:

EMPLOYER

PENALTY AMOUNT

KPMG LLP

$306,656

Keyot LLC

$256,928

Area-I, Inc.

$103,600

CapTech

$33,152

Akuna Capital

$29,008

American Express Company

$29,008

Sealed Air Corporation

$24,864

Clarkston-Potomac Group

$12,432

Toast, Inc.

$8,288

Blackbaud

$4,144

Clay Electric Cooperative, Inc.

$4,144

CONMED

$4,144

Edward Jones Investments

$4,144

KNAPP Inc.

$4,144

SimpleNexus, LLC, f/k/a L Brewer and Associates, LLC, d/b/a LBA Ware

$4,144

The Royster Group, Inc.

$4,144

 

TOTAL

 

$832,944

In addition to paying the civil penalties, the 16 employers must also require their recruiting staff to undergo training on their obligations under the INA’s anti-discrimination provision and to refrain from including specific citizenship or immigration status designations in their campus job postings unless the restrictions are required by law. They will also ensure that their other recruiting practices and policies comply with the INA’s anti-discrimination provision.

The Civil Rights Division’s Immigrant and Employee Rights Section (IER) is responsible for enforcing the anti-discrimination provision of the INA. The statute prohibits discrimination based on citizenship status and national origin in hiring, firing or recruitment or referral for a fee; unfair documentary practices; and retaliation and intimidation

Learn more about IER’s work and how to get assistance through this brief video. IER’s website has more information on how employers can avoid discriminating based on citizenship status when hiring and recruiting. Applicants or employees who believe they were discriminated against based on their citizenship, immigration status or national origin in hiring, firing, recruitment or during the employment eligibility verification process (Form I-9 and E-Verify); or subjected to retaliation, may file a charge. The public can also call IER’s worker hotline at 1-800-255-7688 (1-800-237-2515, TTY for hearing impaired); call IER’s employer hotline at 1-800-255-8155 (1-800-237-2515, TTY for hearing impaired); email IER@usdoj.gov; sign up for a free webinar; or visit IER’s English and Spanish websites. Subscribe to GovDelivery to receive updates from IER. View the Spanish translation of this press release here.

Defense News: Under SECNAV Raven Visits Hampton Roads

Source: United States Navy

Secretary Raven met with Adm. Daryl Caudle, commander, U.S. Fleet Forces Command (USFFC), and subordinate commands to discuss mental health and quality of life issues. He also conducted office calls with Brigadier Gen. John Kelliher, deputy commander, Fleet Marine Force Atlantic Headquarters (FMFLANT HQ); and Cmdr. Charles Harmon, commanding officer, Navy Talent Acquisition Group (NTAG) Richmond.

“Improving quality of life opportunities and ensuring immediate access to mental health resources for our Sailors and Marines are absolutely top priorities for the Department,” said Raven. “We must ensure we have essential resources available for our service members as our resilience ties directly to our readiness and mission effectiveness.”

While at the Navy Recruiting Station – Norfolk, Cmdr. Harmon briefed Secretary Raven about recruiting efforts at NTAG Richmond’s three Talent Acquisition Onboarding Centers, 41 Talent Acquisition Stations, and eight Navy Officer Recruiting Stations throughout Virginia, Washington, D.C., southern Maryland, and northern North Carolina.

“In addition to focusing on the force we have today, we continue to lean forward on attracting the talent we need to man our Navy with the highest quality Sailors,” said Raven. “Our own Sailors are often the first impression that potential applicants have of the United States Navy. Thank you for continuing to provide top-tier service to these applicants, candidates, future recruits and tomorrow’s Sailors.”

Secretary Raven also toured Arleigh Burke-class guided missile destroyer USS Ramage (DDG 61) to meet with Sailors. 

“One of the greatest experiences as Under Secretary is the opportunity to meet so many incredibly talented Sailors,” said Raven. “I am beyond impressed with the professionalism and motivation I’ve seen while touring the deckplates.”

Secretary Raven met with Capt. Charles Eckhart, Commander, Explosive Ordnance Disposal (EOD) Group TWO at Joint Expeditionary Base Little Creek-Fort Story, Virginia Beach, Va. and toured their STRIKE Center, which is a system to build resiliency at the individual level across the EOD force.

“We ask a lot of our Sailors as they carry out missions in support of our national defense,” said Raven. “Just like we invest in the maintenance and sustainment of our ships, submarines and aircraft, we must prioritize caring for our Sailors in their rest and recovery, stress management and other factors that contribute to their individual readiness and well-being.”

On June 25, Secretary Raven attended the commissioning ceremony for the newest Virginia-class fast attack submarine USS Montana (SSN 794). 

“USS Montana adds the next generation of stealth, surveillance and special warfare capabilities to our Joint Force, and extends our integrated deterrence capabilities,” said Raven. “This powerful boat and her crew will protect our sea lanes, strengthen our maritime dominance, and contribute to strengthening our relationships with our allies and partners.”