Month: July 2022

Source: United States Department of Justice News

A federal jury convicted a New York man today for defrauding Medicare and Medicaid by causing the submission of false and fraudulent claims for surgical procedures that were not performed.

According to court documents and evidence presented at trial, Harold Bendelstein, 71, of Queens, billed Medicare and Medicaid for an incision procedure of the external ear for hundreds of patients, when in fact all he actually performed was an ear exam or ear wax removal. Specifically, between January 2014 and February 2018, Bendelstein, an ENT doctor, billed Medicare and Medicaid approximately $585,000 and was paid approximately $191,000. Medicare and Medicaid data demonstrated that Bendelstein was an outlier and the highest biller for this procedure in New York State.

Bendelstein was convicted of one count of health care fraud and one count of making a false claim. He is scheduled to be sentenced on Nov. 7, and faces a maximum penalty of 15 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division; U.S. Attorney Breon Peace for the Eastern District of New York; Special Agent in Charge Scott J. Lampert of the U.S. Department of Health and Human Services Office of Inspector General’s (HHS-OIG) Office of Investigations; and Acting Medicaid Inspector General Frank T. Walsh of the Office of the Medicaid Inspector General (OMIG) made the announcement.

HHS-OIG and OMIG investigated the case.

Trial Attorneys Andrew Estes and Patrick J. Campbell of the Criminal Division’s Fraud Section and Assistant U.S. Attorney John Vagelatos 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 HHS-OIG, 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.

Source: United States Department of Justice News

A Claremore man was sentenced Friday in federal court for raping a woman after she withdrew consent during a sexual encounter in 2018.

U.S. District Judge Claire V. Eagan sentenced Travis Carl Condry, 30, to 180 months in federal prison followed by five years of supervised release.

“Far too many perpetrators, like Travis Condry, rationalize their actions by saying ‘stop doesn’t always mean stop’ during sexual encounters. This is unacceptable and the acts are criminal. This office and our law enforcement partners will bring to account those who commit such acts of sexual violence,” said U.S. Attorney Clint Johnson. “The victim in this case was a key partner in Condry’s prosecution. Her courageous testimony helped secure the guilty verdict and resulting 15-year prison sentence.”

As part of her victim impact statement, the victim said, “I hope that I’ve helped pave the road for women who have ever or will ever be in the situation I was in. I want you to know you are not alone.”

On Feb.23, 2022, a federal jury convicted Condry of aggravated sexual abuse by force and threat in Indian Country.

The victim and defendant knew one another prior to the crime, and on Dec. 21, 2018, Condry violated the victim’s trust and raped her. The encounter was initially consensual, although the victim was hesitant. The victim quickly withdrew consent as he started to have sex with her. Condry placed his phone on the bed and recorded the incident. The camera did not capture video of the crime, but the audio recorded what occurred. During the incident, the victim told Condry “you can’t do this,” “no,” “please stop,” and “I’m serious.” Condry could also be heard saying “Don’t run away.” The defendant continued to rape the victim while she repeatedly screamed and pleaded for Condry to stop for almost five minutes.

The victim told Condry she felt like she had been assaulted and left immediately after the crime. As the victim left, Condry told her to “snap me, text me, or don’t.”

The victim reported the assault to the Claremore Police Department. Officers interviewed Condry the following day. During the interview, Condry said that he had been drinking and the encounter was consensual sex. He further told investigators that the victim told him to stop but he did not stop right away. He stated that in his opinion “stop doesn’t always mean stop.”

At the trial’s closing in February, Assistant U.S. Attorney Steven Briden reminded the jury that no means no, stop means stop, and crying and pleading means stop. He suggested that Condry didn’t believe “stop means stop” because it would prevent him from getting what he wanted.

The FBI and Claremore Police Department conducted the investigation. Assistant U.S. Attorneys Steven J. Briden and Valeria G. Luster prosecuted the case.

Source: United States Department of Justice News

JEFFERSON CITY, Mo. – A Fulton, Mo., man was sentenced in federal court today for possessing methamphetamine to distribute and illegally possessing a firearm.

Antonio Jerome Beard, 46, was sentenced by U.S. District Judge Roseann Ketchmark to 10 years and 10 months in federal prison without parole.

On Nov. 18, 2021, Beard pleaded guilty to one count of possessing methamphetamine with the intent to distribute and to one count of possessing a firearm in furtherance of a drug-trafficking crime.

On Oct. 17, 2019, law enforcement officers executed a search warrant at Beard’s residence. Officers seized 443.98 grams of methamphetamine, 45 oxycodone pills, approximately 43 marijuana vape cartridges, 87 suspected ecstasy pills, $2,221 in cash, a loaded High Point .40-caliber pistol, and drug paraphernalia from Beard’s bedroom.

Beard admitted that he had purchased the approximately one pound of methamphetamine from his source for $5,000. Beard, who had purchased a pound quantity of methamphetamine from the same source two or three times, told investigators that he sold the methamphetamine for $500 an ounce.

On Nov. 5, 2019, law enforcement officers executed another search warrant at Beard’s residence and seized an additional 6.9 ounces of methamphetamine.

This case was prosecuted by Assistant U.S. Attorney Heather D. Richenberger. It was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Fulton, Mo., Police Department, the Callaway County, Mo., Sheriff’s Department, and the MUSTANG Drug Task Force.

Source: United States Department of Justice News

CINCINNATI – A U.S. District Court jury here found former Cincinnati City Council member P.D. Sittenfeld, 37, of Cincinnati, guilty of accepting $40,000 in campaign contributions in exchange for votes on a development project pending before the council. 

The jury returned guilty verdicts on one count of bribery (up to 10 years) and one count of attempted extortion by a government official (up to 20 years).

Testimony in the trial which began June 21 included audio and video recordings of Sittenfeld telling undercover agents posing as developers that he could “deliver the votes” in exchange for contributions to a political action committee he controlled. He accepted eight $5,000 checks in 2018 and 2019. A federal grand jury indicted him in November 2020.

“We truly appreciate the jurors’ time and serious consideration of this matter,” said Kenneth L. Parker, United States Attorney for the Southern District of Ohio. “Democracy requires politicians to uphold their oath with the highest standards of integrity and respect. In this case, we worked alongside the FBI to hold Mr. Sittenfeld accountable for abusing his oath and, ultimately, the trust that the citizens of Cincinnati placed in him.”

“When elected officials choose to commit illegal acts, they greatly damage the relationship between government and the public they were elected to serve,” stated FBI Cincinnati Special Agent in Charge J. William Rivers. “The FBI prioritizes efforts to expose corruption in order to help maintain the integrity of our democracy and the trust citizens have in our government institutions.”

U.S. District Judge Douglas R. Cole will set a date for Sittenfeld’s sentencing.

U.S. Attorney Parker and J. William Rivers, Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division announced the verdict. Deputy Criminal Chief Emily N. Glatfelter and Assistant United States Attorneys Matthew C. Singer and Megan Gaffney Painter are representing the United States in this case.

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Source: United States Department of Justice News

BECKLEY, W.Va. – A Beckley woman pleaded guilty today to the distribution of a quantity of methamphetamine.

According to court documents and statements made in court, Brenda Crewey, 49, admitted to selling approximately four grams of methamphetamine to a confidential informant at her residence on February 21, 2020. Crewey further admitted that she had been consistently selling methamphetamine and heroine over the previous year.

Crewey is scheduled to be sentenced on November 17, 2022 and faces a maximum penalty of 20 years in prison, three years of supervised release, and a $1 million fine.

United States Attorney Will Thompson made the announcement and commended the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and the Beckley/Raleigh County Drug and Violent Crime Unit for conducting the investigation.  The Beckley/Raleigh County Drug and Violent Crime Unit consists of officers from the West Virginia State Police, the Raleigh County Sheriff’s Department, and the Beckley Police Department.

United States District Judge Frank W. Volk presided over the hearing. Assistant United States Attorneys Alex Hamner and Andrew D. Isabell are prosecuting the case.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 5:22-cr-42 .

 

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