Security News: Jury Convicts Man of $600 Million Health Care Fraud, Wire Fraud, and ID Theft Scheme

Source: United States Department of Justice News

A federal jury convicted a New York man today in an over $600 million health care fraud, wire fraud, and identity theft scheme.

According to court documents and evidence presented at trial, Mathew James, 54, of East Northport, operated a medical billing company that billed for procedures that were either more serious or entirely different than those James’ doctor-clients performed.  James directed his doctor-clients to schedule elective surgeries through the emergency room so that insurance companies would reimburse at substantially higher rates. When insurance companies denied the inflated claims, James impersonated patients to demand that the insurance companies pay the outstanding balances of tens or hundreds of thousands of dollars.

“James orchestrated a fraudulent medical billing scheme to steal from insurance companies and businesses, in order to line his own pockets,” said Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division. “This conviction shows that medical billers who fuel health care fraud will be brought to justice.”          

“The defendant stands convicted of carrying out an audacious scheme in which he used insurance companies like ATM machines. He stole hundreds of millions of dollars until he was finally exposed by a paper trail a mile-long, phone recordings on which he impersonated patients, and text messages and emails with his co-conspirator doctor clients demonstrating his nefarious billing practices. For this massive fraud, a federal jury convicted him today,” said U.S. Attorney Breon Peace for the Eastern District of New York. “Health care fraud is not a victimless crime, because fraudulent billing ultimately affects consumers who must pay the cost of higher insurance premiums.”

“Health care fraud, including fraudulent billing schemes like this, costs U.S. taxpayers tens of billions of dollars annually. These crimes impact all of us in many ways, including increased health insurance premiums, greater out-of-pocket expenses and copayment amounts for medical treatment, and reduced or lost benefits, just to name a few,” said Assistant Director Luis Quesada of the FBI’s Criminal Investigative Division. “The FBI, together with our law enforcement partners, is committed to rooting out health care fraud in all its forms and bringing those who seek to exploit our health care system to justice.”

James was convicted of conspiracy to commit health care fraud, health care fraud, three counts of wire fraud, and three counts of aggravated identity theft. He is scheduled to be sentenced at a later date and faces up to 10 years in prison for health care fraud conspiracy, up to 10 years in prison for health care fraud, up to 20 years in prison for each of three wire fraud counts, and a two year mandatory minimum each for three aggravated identity theft counts. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

The FBI investigated the case.

Acting Assistant Chief Miriam Glaser Dauermann of the Criminal Division’s Fraud Section and Assistant U.S. Attorneys Catherine Mirabile and Antoinette Rangel of the Eastern District of New York are prosecuting the case.

The Fraud Section leads the Criminal Division’s efforts to combat health care fraud through the Health Care Fraud Strike Force Program. Since March 2007, this program, comprised of 15 strike forces operating in 24 federal districts, has charged more than 4,200 defendants who collectively have billed the Medicare program for more than $19 billion. In addition, the Centers for Medicare & Medicaid Services, working in conjunction with the Office of the Inspector General for the Department of Health and Human Services, are taking steps to hold providers accountable for their involvement in health care fraud schemes. More information can be found at https://www.justice.gov/criminal-fraud/health-care-fraud-unit.

Security News: Court Orders North Carolina Pharmacy and Pharmacists to Pay $300,000 Penalty in Case Alleging Unlawful Opioid Distribution

Source: United States Department of Justice News

A federal court entered a consent decree enjoining an Asheboro, North Carolina, pharmacy and its two pharmacists from dispensing controlled substances, including opioids, without taking specific steps to help ensure the drugs will not be abused or diverted and ordering them to pay $300,000 in civil penalties, the Justice Department and U.S. Attorney for the Middle District of North Carolina announced today.

The consent decree resolves a complaint filed by the United States on July 7, alleging that Asheboro Drug Company, and its pharmacists Isaac F. Brady III and Isaac F. Brady IV, a father and son, filled prescriptions in violation of the Controlled Substances Act (CSA). The complaint alleges that the defendants dispensed prescription opioids while disregarding numerous “red flags” – that is, obvious indications of drug abuse, drug diversion and drug-seeking behavior. For example, according to the complaint, the defendants filled prescriptions for dangerous combinations of drugs known to be sought by drug abusers and which significantly increase the risk of overdose; filled high-dose opioid prescriptions on a long-term basis; and filled prescriptions for patients who appeared to have “shopped” for doctors willing to prescribe controlled substances. The complaint alleged that the defendants also dispensed, at times, the same or similar prescriptions for multiple members of the same family, refilled prescriptions early without justification, and turned a blind eye to prescriptions from doctors who repeatedly wrote suspect prescriptions. 

“The Department of Justice will not hesitate to act when a pharmacy disregards its responsibilities and puts patients at risk,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “Pharmacists have a duty to ensure that opioids and other controlled substances are distributed lawfully.”

“Opioid addiction and abuse continue to devastate North Carolina communities,” said U.S. Attorney Sandra J. Hairston for the Middle District of North Carolina. “Pharmacists play a key role in preventing diversion of controlled substances, and they have a legal responsibility to ensure that the prescriptions they fill are legitimate. Our office will continue to pursue dispensers and prescribers who fail to live up to their obligations under the Controlled Substances Act.”

“The law requires pharmacists to ensure that the prescriptions they dispense are for a legitimate medical purposes and are issued by prescribers acting in the usual course of their professional practice,” said Special Agent in Charge Robert J. Murphy of the DEA Atlanta Field Division. “Pharmacists are not simply pill-counters. The penalty and injunction in this case serves notice that DEA will not turn a blind eye when pharmacists shirk their duty by ignoring red flags of abuse and diversion.” 

Asheboro Drug and its pharmacists cooperated with the government’s investigation and agreed to pay the $300,000 civil monetary penalty and be bound by the consent decree of injunction. The injunction entered by U.S. District Judge Catherine C. Eagles of the Middle District of North Carolina prohibits the defendants from filling certain “red flag” prescriptions and requires the defendants to fill other orders only after receiving documentation justifying the prescriptions. 

The government was represented by Senior Litigation Counsel Donald R. Lorenzen of the Civil Division’s Consumer Protection Branch and Assistant U.S. Attorney Cassie Crawford for the Middle District of North Carolina, with substantial assistance from Diversion Investigator Heidi Crater of the DEA Greensboro Resident Office’s Diversion Group.

Additional information about the Consumer Protection Branch and its enforcement efforts may be found at http://www.justice.gov/civil/consumer-protection-branch.

Defense News: U.S. Navy and NSIN Present Challenge Solicitation for Autonomous Inspection Technologies

Source: United States Navy

The Navy continues to finance research and development initiatives to lower military operation sustainment costs. Today, aging infrastructure for land-based bulk water and fuel storage, in addition to the complexity of shipboard tanks and voids present a challenge for the Navy. On average, roughly $8 billion annually is spent for combating corrosion on naval ships, aircrafts, and other military-owned vehicles. By lowering the corrosion repair costs, revenue will become available for naval research and development to shift its focus from sustainment to warfighting priorities.

Researchers and inventors of U.S. owned and operated start-ups, early-stage ventures, and non-traditional defense contractors, are encouraged to apply.

Finalist participants will benefit from nearly $500k in awards; the first place recipient will receive $200k, the second place recipient will receive $50k, and all other finalists will receive $10k in travel costs reimbursement. Participants will also be exposed to leaders across all armed forces who are responsible for the development and deployment of tank inspection technologies. There will also be potential for follow-on opportunities with defense industry partners through Other Transaction Agreements and Cooperative Research and Development Agreements, among others.

Event Timeline:
• June 20, 2022: Solicitation Release
• July 13, 2022: “Ask Me Anything” Session
• August 1, 2022: Solicitation Closes & Down-Selection Begins
• August 8, 2022: Down-Selection Ends & Finalists Announced
• Week of August 8, 2022: Final Rehearsals
• Week of August 15, 2022: Pitch Days Execution
• Week of September 26, 2022: Demo Days Execution

Judging criteria will be based on four major areas, including: technical, team, commercialization, and quality of pitch.

Interested applicants can view the problem statements, and apply here: https://www.nsin.mil/events/2022-08-01-starts-naval-tank-inspection/

Comments or questions can be directed here: challenge@fathomwerx.com .

The initial application deadline is on August 1, 2022.

About Naval Facilities Engineering Systems Command, Engineering and Expeditionary Warfare Center (NAVFAC EXWC):
NAVFAC EXWC is a command of more than 1,100 dedicated federal employees, contractors, and military personnel who provide research, development, testing and evaluation, and in-service engineering to deliver specialized facility and expeditionary solutions to the American warfighter. For more news from NAVFAC EXWC, please visit https://www.navfac.navy.mil/ or visit us on Facebook @navfacexwc

Security News: Former Oregon Dentist Pleads Guilty in Federal Drug Case

Source: United States Department of Justice News

Defendant also faces federal charges for fraudulently obtaining millions in COVID-relief funds

PORTLAND, Ore.—A former Clackamas, Oregon dentist pleaded guilty today to illegally distributing controlled substances, including thousands of pills of prescription drugs, and anabolic steroids.

Salwan Wesam Adjaj, 43, a resident of West Linn, Oregon, waived indictment and pleaded guilty to a one-count information charging him with distributing and possessing with intent to distribute controlled substances.

According to court documents, beginning in at least March 2016 and continuing until August 2020, Adjaj knowingly and intentionally distributed and possessed with intent to distribute thousands of doses of drugs including Tramadol, anabolic steroids, injectable testosterone, Phendimetrazine, Diazepam, Alprazolam (Xanax), Lorazepam, Carisoprodol (Soma), Zolpidem, and Promethazine. Adjaj used his position as a dentist to obtain some of these drugs from a pharmaceutical manufacturer. None of the drugs distributed by Adjaj were for a legitimate medical purpose.

On December 15, 2021, in a separate criminal case, Adjaj was charged with aggravated identity theft and wire fraud for fraudulently converting to his personal use nearly $8 million in loans intended to help small business during the COVID-19 pandemic.

Adjaj is in custody pending sentencing. In his drug case, he faces a maximum sentence of 10 years in prison, a $500,000 fine, and up to 3 years of supervised release. He will be sentenced on October 11, 2022, by U.S. District Court Judge Michael W. Mosman.

As part of the plea agreement, Adjaj has agreed to abandon his ownership interest in any criminally-derived property, including, but not limited to, a 2017 Maserati Levanti.

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

This case was investigated by the U.S. Drug Enforcement Administration (DEA), the Clackamas County Sheriff’s Office, and the Oregon Board of Dentistry. It is being prosecuted by Peter D. Sax, Assistant U.S. Attorney for the District of Oregon.

Security News: Attorney General Merrick Garland Honors Department of Justice Employees for the 69th Annual Attorney General’s Awards

Source: United States Department of Justice News

One long-time Assistant U.S. Attorney from the Eastern District of Pennsylvania was recognized for his extraordinary career with the Office

PHILADELPHIA – Yesterday, Attorney General Merrick B. Garland announced the recipients for the 69th Annual Attorney General’s Awards, recognizing Department of Justice employees and partners nationwide for extraordinary contributions to the enforcement of our nation’s laws. This year, 298 Justice Department employees received awards, while 54 non-department individuals are also being honored for their work.  

United States Attorney for the Eastern District of Pennsylvania Jacqueline C. Romero was proud to note that one of the 2022 Attorney General’s Award recipients was EDPA Assistant United States Attorney and Chief of the Office’s Appeals Unit, Robert A. Zauzmer. Mr. Zauzmer received the Mary C. Lawton Lifetime Service Award, which recognizes employees who have served at least 20 years in the Department and who have demonstrated high standards of excellence and dedication throughout their careers. This award is presented only in exceptional circumstances to individuals of special merit and is not awarded to express general appreciation for tenure alone. Only two Mary C. Lawton Awards were presented this year.

“This year’s awardees have served selflessly to further the Department’s important work upholding the rule of law, keeping our country safe, and protecting civil rights,” said Attorney General Merrick B. Garland. “I am proud to recognize these individuals for their professionalism, skill, and leadership, and I am grateful for their service to our Department and our nation.”

“Our Office is incredibly fortunate to be able to call Bob Zauzmer a colleague and friend,” said U.S. Attorney Romero. “His unparalleled contributions to the Eastern District of Pennsylvania and the Department of Justice as an institution are certainly deserving of this recognition, but the Award alone does not go far enough in expressing how grateful we all are for his wisdom, integrity and masterful advocacy in the courtroom.”

During Mr. Zauzmer’s accomplished tenure with the United States Attorney’s Office for the Eastern District of Pennsylvania, which he joined in March 1990, he has prosecuted an array of federal crimes focusing on corruption and fraud matters, including several noteworthy public corruption matters in Philadelphia: the 2005 Philadelphia City Hall corruption case in which the City Treasurer and others were convicted of corrupt conduct in city government affairs; the 2009 corruption case against former State Senator Vincent J. Fumo; and the 2017 prosecution of former District Attorney R. Seth Williams who pleaded guilty during trial to bribery and fraud offenses.

In addition, since 1998, Mr. Zauzmer has served as Chief of the Office’s Appeals Unit, supervising all federal criminal appeals in the District, and appears frequently before the Third Circuit Court of Appeals in that capacity. He has also served in a variety of leadership positions with the Department of Justice, including as the national chair of the committee of appellate chiefs from 2012 to 2014 during which he advised the Attorney General on appellate matters, and as the Pardon Attorney in the Department of Justice from 2016 to 2017 to assist President Obama’s initiative to extend executive clemency to nonviolent drug offenders serving exceptionally long sentences.

This year’s Attorney General’s Award is not the first time Mr. Zauzmer has been recognized for his service to the Department. He has twice received the John Marshall Award, the DOJ’s highest award for litigation activities: in 1992 for the prosecution of a drug organization that terrorized a Philadelphia neighborhood, and again in 2008 for his participation on the team of DOJ attorneys which oversaw the response to amendments to the Sentencing Guidelines for certain drug offenses which required the resentencing for thousands of defendants nationally.

A complete list of the 69thAnnual Attorney General’s Awards and recipients can be found here.