Security News: Illegal Possession of Firearm Sends Rayne Man to Federal Prison

Source: United States Department of Justice News

LAFAYETTE, La.Lamar Malbrough, 31, of Rayne, Louisiana, has been sentenced by United States District Judge Robert R. Summerhays to 120 months (10 years) in prison, followed by 3 years of supervised release, announced United States Attorney Brandon B. Brown.

According to evidence presented to the court, on August 11, 2021, Acadia Parish Sheriff’s Office deputies arrested Malbrough as the result of an active state arrest warrant after conducting a traffic stop of the vehicle he was driving. Malbrough was found to have various amounts and types of drugs, including fentanyl, methamphetamine, and marijuana, as well as a firearm, in his possession at the time of his arrest. He has prior felony convictions for attempted possession of a firearm by a felon (2020); simple burglary (2009); and possession with intent to distribute cocaine (2008) and knew that as a convicted felon, he was prohibited from possessing a firearm or ammunition. On April 20, 2022, Malbrough pleaded guilty to being a convicted felon in possession of a firearm.

The case was investigated by the Department of Homeland Security and the Acadia Parish Sheriff’s Office and prosecuted by Assistant U.S. Attorney John W. Nickel. It is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.

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Security News: Drug Trafficker Receives 15+ Year Sentence for Possession of Methamphetamine

Source: United States Department of Justice News

SHREVEPORT, La. – United States Attorney Brandon B. Brown announced that Michael C. Francis, 37, of Bossier City, Louisiana, has been sentenced in United States District Court. Chief United States District Judge S. Maurice Hicks, Jr. sentenced Francis to 188 months (15 years, 8 months) in prison, followed by 5 years of supervised release, on drug trafficking charges. 

Beginning in March 2019, and continuing until on or about December 31, 2019, Francis and eight other defendants were involved in a drug trafficking conspiracy and pleaded guilty to possessing and distributing methamphetamine in the Caddo and Bossier Parish areas. Law enforcement officers began an investigation into their illegal drug trafficking activities and were able to obtain a court ordered wiretap on one of his co-defendants, Demetrius Deangelo Hall’s, cell phone. Through numerous intercepted communications, agents learned that Hall was communicating with Francis and others. Hall and Francis discussed providing each other with various amounts of methamphetamine on numerous occasions.

During the investigation, on October 21, 2019, law enforcement agents intercepted phone calls and text messages between Hall and his co-conspirators indicating that Hall was traveling to Texas to obtain more methamphetamine from co-defendant Steve Mireles. During these intercepted calls, Francis was heard discussing the price of methamphetamine for Francis’ part and that he would have to pay for the courier fee. On February 22, 2021, Francis pled guilty to possessing with intent to distribute at least 50 grams or more of methamphetamine.

This case was investigated by the DEA, ATF, Shreveport Police Department, Caddo Parish Sheriff’s Office, Greenwood Police Department, and Louisiana State Police. The case was prosecuted by Assistant U.S. Attorneys Tennille Gilreath and Allison Duncan.  This effort is part of an ongoing Organized Crime Drug Enforcement Task Force (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.

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Security News: U.S. Attorney Settles Fraud Lawsuit Against Non-Profit For Inflating Medicaid Reimbursements By Falsely Reporting Millions In Costs

Source: United States Department of Justice News

Damian Williams, the United States Attorney for the Southern District of New York, and Scott Lampert, the Special Agent in Charge of the New York Office of the U.S. Department of Health and Human Services, Office of Inspector General (“HHS-OIG”), announced that the United States has settled civil fraud claims against Maranatha Human Services, Inc. (“MARANATHA”) for falsely claiming that millions of dollars expended to benefit for-profit ventures owned and controlled by MARANATHA and its founder HENRY ALFONSO COLEY (“COLEY”), as well as payments to cover COLEY’s personal expenses and excessive payments to COLEY’s family members, were reasonable and necessary costs in connection with MARANATHA’s provision of Medicaid-funded services to individuals with developmental disabilities.  MARANATHA is a non-profit organization based in Poughkeepsie, New York; COLEY founded MARANATHA in 1988 and served as its chief executive officer until last year. 

Specifically, the Government’s complaint, which was filed in November 2021, alleges that MARANATHA, with its board’s approval, funded for-profit companies operated by COLEY; paid excessive salaries and consulting fees to COLEY’s family members, often in exchange for little to no work; and paid for tens of thousands of dollars of COLEY’s personal expenses.  The Government further alleges that, from 2010 to 2019, COLEY and MARANATHA submitted to the State of New York cost reports that falsely claimed millions of dollars of these expenses as “allowable” costs, which fraudulently inflated MARANATHA’s Medicaid reimbursement rates and resulted in MARANATHA receiving millions of dollars in Medicaid funds to which it was not entitled.

U.S. Attorney Damian Williams said:  “For a decade, Henry Alfonso Coley and Maranatha defrauded Medicaid by submitting reports that fraudulently claimed as allowable expenses millions of dollars spent on for-profit companies owned by them, excessive salaries and fees for Coley’s family members, and Coley’s personal expenses.  These expenses were not related to providing care or assistance to the individuals with developmental disabilities who Maranatha was meant to serve.  Now Coley and Maranatha have each agreed to pay damages, Coley has been barred from working for any entity that bills federal healthcare programs, and Maranatha will close its doors.”

HHS-OIG Special Agent in Charge Scott Lampert said:  “It is incumbent upon the recipient of Medicaid funds to ensure that costs reported for reimbursement are accurate and in accordance with the program’s regulations; this is a steadfast requirement of participating in the Medicaid program.  The use of federal dollars for unallowable expenses diverts much-needed resources meant to support health care services for vulnerable individuals.  Putting a stop to such activity, through collaboration with our law enforcement partners, is a prime objective of HHS-OIG.”

Under the settlement approved yesterday by U.S. District Judge Kenneth M. Karas, MARANATHA agrees to cease operations after transitioning the operation of its programs to other providers under the supervision of the governing state regulatory agency.  MARANATHA will also pay $340,000 to the United States and has admitted and accepted responsibility for conduct alleged by the Government in its complaint as further described below.  In addition, MARANATHA has agreed to pay $510,000 to the State of New York to resolve the State’s claims, for a total recovery of $850,000.  The settlement amount is based on the Office’s assessment of MARANATHA’s ability to pay based on the financial information it provided and its commitment to cease operations.  The United States previously resolved the claims against COLEY through a settlement approved by Judge Karas on November 17, 2021.  In addition to paying damages to the United States and the State of New York, COLEY was barred from working for any entity that bills federal healthcare programs; he also entered into a Voluntary Exclusion Agreement with HHS-OIG, which prohibits him from, among other things, billing Medicaid and other federal healthcare programs for 15 years.

According to the Government’s complaint, from 2010 through 2019:

MARANATHA was required to submit cost reports, called Consolidated Financial Reports (“CFRs”), to the State of New York each year, specifying the reasonable and necessary costs MARANATHA incurred in providing services for its Medicaid-funded programs.  These costs were to be reported as “allowable” costs.  MARANATHA was required separately to report its other, “non-allowable” costs; “non-allowable” costs include costs unrelated to its Medicaid-funded programs, as well as any unreasonable or unnecessary costs. 

With its board’s approval, MARANATHA funded for-profit companies operated by COLEY and owned by COLEY or MARANATHA, as well as various unincorporated pet projects started by COLEY.  One of the chief purposes of these ventures was to serve as vehicles to funnel money to COLEY’s daughter, as well as others associated with COLEY, whom MARANATHA paid for work they purportedly did to support these ventures and projects.  Over the course of a decade, not one of these ventures ever launched a product or service or earned a single dollar in revenue.  COLEY and MARANATHA hired COLEY’s family members as employees and consultants, some in connection with these for-profit ventures, and others in connection with MARANATHA’s Medicaid-funded services.  COLEY and MARANATHA paid excessive salaries and consulting fees to COLEY’s family members, often in return for little to no work.  MARANATHA also paid for tens of thousands of dollars of COLEY’s personal expenses, including more than $34,000 for personal training sessions at a gym.

COLEY and MARANATHA knowingly submitted CFRs annually to the State of New York fraudulently reporting these expenses—totaling millions of dollars—as “allowable” costs.  On each CFR, COLEY falsely certified to the completeness and accuracy of the report.  COLEY and MARANATHA knew that the State of New York relied on providers’ CFRs when setting provider-specific reimbursement rates for certain Medicaid-funded programs, including MARANATHA’s largest Medicaid-funded program.  As a result of COLEY’s and MARANATHA’s falsely inflated cost reports, the State of New York awarded MARANATHA a higher reimbursement rate and MARANATHA received millions of dollars in Medicaid funds to which it was not entitled.

As part of the settlement, MARANATHA admits, acknowledges, and accepts responsibility for the following conduct:

  • COLEY made a presentation to MARANATHA’s board of directors acknowledging that “[i]t was always the plan for Maranatha to use government funds as a launching pad to create private enterprise that would enable it to not be dependent on [the] government while at the same time fulfilling its function” consistent with its mission.
  • MARANATHA knew of the requirement to distinguish “allowable costs” from “non-allowable costs” in its CFRs.
  • MARANATHA knew that the allowable costs reported in its CFRs are used by the New York State Department of Health, in part, to determine MARANTHA’s reimbursement rates for the provision of Medicaid services.
  • In each CFR that MARANATHA submitted from 2010 to 2019 (the “Covered Period”), MARANATHA’s CEO, COLEY, certified that (i) the “information furnished in this report . . . is in accordance with the instructions and is true and correct to the best of my knowledge”; and (ii) the statement attached to the CFR “fully and accurately represents all reportable income and expenditures made for services performed in accordance with the provision of the Mental Hygiene Law and approved budgets.”
  • Throughout the Covered Period, MARANATHA submitted CFRs every year that reported as “allowable costs” amounts expended not for MARANTHA’s provision of Medicaid-funded services but instead to pursue certain for-profit business ventures.
  • In particular, MARANATHA submitted CFRs reporting as “allowable costs” costs expended to benefit certain entities owned and/or operated by COLEY or MARANATHA that did not provide Medicaid-funded services (the “Non-Medicaid Ventures”).  
  • MARANATHA’s board, which approved MARANATHA funding these Non-Medicaid Ventures, was briefed on them by COLEY.
  • MARANATHA paid COLEY’s family members to perform work related to the Non-Medicaid Ventures.  For example, since 2010, MARANATHA paid COLEY’s daughter more than $300,000.  Though much of her time was spent on work related to the Non-Medicaid Ventures, MARANATHA reported her full compensation as an “allowable cost” in the CFRs.
  • Since 2010, MARANATHA paid COLEY more than $2 million in salary and benefits, and MARANTHA claimed the full amount of that compensation as “allowable costs” on its CFRs. However, COLEY devoted much of his time to working on the Non-Medicaid Ventures.
  • MARANATHA also paid for certain of COLEY’s personal expenses, including more than $34,000 spent on personal training sessions, as well as holiday gifts and jewelry.  MARANATHA reported these expenses as “allowable costs” in its CFRs.

This lawsuit originated as a whistleblower lawsuit filed under seal pursuant to the False Claims Act.

Mr. Williams praised the outstanding investigative work of HHS-OIG, and he thanked the Medicaid Fraud Control Unit at the New York State Attorney General’s Office for its extensive collaboration in the investigation.

The case is being handled by the Office’s Civil Frauds Unit.  Assistant U.S. Attorney Jacob Lillywhite is in charge of the case.

Security News: St. Peters woman accused of $200,000 pandemic loan fraud

Source: United States Department of Justice News

ST. LOUIS – A grand jury on Wednesday indicted a woman from St. Peters, Missouri on charges accusing her of committing a $204,095 fraud involving a loan program intended for small businesses to continue to pay their employees during the pandemic.

The indictment says that from June 2020 through April 2021, Trashunda M. Harrison, 36, submitted multiple applications for Paycheck Protection Program loans in the names of three businesses: The Quiet Space LLC, Blow LLC and StrutN 80s LLC, as well as in her own name as a sole proprietor. On the application, Harrison made false representations about the payroll and income of the businesses and submitted fraudulent tax forms to support her false claims. On applications for additional loans, she falsely claimed to have used the first loan for payroll and other business expenses.

Harrison spent the PPP money on unapproved purposes, including shopping, dining, rent and payments to individuals who had no affiliation with the companies, the indictment says. 

Harrison was indicted on two counts of bank fraud and seven counts of wire fraud. Each bank fraud charge carries a potential penalty of 30 years in prison, a $1 million fine, or both. The wire fraud charges carry a penalty of up to 20 years in prison, a $250,000 fine, or both.

Charges set forth in an indictment are merely accusations and do not constitute proof of guilt.  Every defendant is presumed to be innocent unless and until proven guilty.

The case was investigated by the FBI.  Assistant U.S. Attorney Jonathan Clow is prosecuting the case.   

Security News: Recidivist Florida Fraudster Convicted at Trial for Financial Frauds, Aggravated Identity Theft, and Possession of Stolen Mail

Source: United States Department of Justice News

MOBILE, AL – A federal jury convicted a Tampa, Florida man this week for conspiring to commit bank fraud, unlawfully possessing fake and stolen identification documents, possessing counterfeit and forged checks, aggravated identity theft, and possessing stolen mail.

According to court documents and evidence presented at trial, Timothy Howard Buchanan, 39, was arrested by deputies with the Baldwin County Sheriff’s Office during a traffic stop in February 2022. Buchanan was traveling northbound on I-65 with his codefendants, Tyre Dayshawn Crawford and Jaleeshia Deanna Robinson. Deputies initiated the traffic stop because the rental car in which the defendants were traveling had illegal tint applied to its side windows. During the stop, deputies saw drugs in plain view in the car, which led them to search it. Inside the car, deputies found dozens of counterfeit and stolen checks worth more than $300,000. The checks corresponded to victims in multiple states who had their checks stolen from the mail in Alabama and Florida. Deputies also recovered fake and stolen driver’s licenses, a scanner/printer, a check encoder, and a stack of blank check paper. The driver’s licenses had names matching those listed on the counterfeit checks and pictures matching Buchanan’s description.

Deputies and agents with the U.S. Secret Service interviewed Buchanan, and he confessed to his role in the scheme, which involved defrauding banks by attempting to cash counterfeit checks using fake and stolen driver’s licenses. The counterfeit checks that Buchanan possessed contained the personal identifying information of numerous victims, including names, addresses, bank account numbers, and signatures. Buchanan confessed that for his efforts, he would receive 10% of the illegal proceeds of the fraud scheme, which occurred over a period of several months in 2021 and 2022. Buchanan has previously been convicted of felony check fraud and grand theft in Hillsborough County, Florida on several occasions, including as recently as August 2021.

For his aggravated identity theft conviction, Buchanan faces a mandatory term of two years in federal prison, which must run consecutively to any prison term that Buchanan receives for his other crimes. Buchanan faces up to 30 years in federal prison for his bank fraud conspiracy conviction. He will be sentenced by United States District Judge Kristi K. DuBose in December 2022.

Crawford and Robinson each pleaded guilty to bank fraud conspiracy and aggravated identity theft. Judge DuBose will sentence them in September 2022.
U.S. Attorney Sean P. Costello of the Southern District of Alabama made the announcement.

The Baldwin County Sheriff’s Office, the U.S. Secret Service, and the U.S. Postal Inspection Service investigated the case. The Tampa Police Department and the Hillsborough County Sheriff’s Office provided substantial assistance in the investigation.

Assistant U.S. Attorneys Justin Roller and Lydia Lucius are prosecuting the case on behalf of the United States.