Fort Stewart soldier sentenced to prison for prolific fraud scheme targeting COVID-19 relief programs, student loans

Source: United States Department of Justice News

SAVANNAH, GA:  A U.S. Army soldier stationed at Fort Stewart has been sentenced to federal prison for leading a prolific fraud scheme in which she and others illegally raked in millions of dollars from COVID-19 relief programs and federal student loan forgiveness.

Dara Buck, a/k/a Dara Butler, 39, of Ladson, S.C., a U.S. Army Chief Warrant Officer 2 stationed at Fort Stewart, was sentenced to 42 months in prison after previously pleading guilty to Conspiracy to Commit an Offense Against the United States, said David H. Estes, U.S. Attorney for the Southern District of Georgia. U.S. District Court Judge R. Stan Baker also ordered Buck to pay restitution of $3,680,247 and to serve three years of supervised release at the completion of her prison term. There is no parole in the federal system.

“While serving in the U.S. Army, Dara Buck engaged in a massive scheme to defraud the taxpayers of the nation she was sworn to serve,” said U.S. Attorney Estes. “With our law enforcement partners, we are committed to identifying and holding accountable those who defraud COVID-19 relief programs to feed their self-serving greed.”

As described in court documents, from August 2017 through May 2021, Buck led a conspiracy to fraudulently obtain funding from the Coronavirus Aid, Relief, and Economic Security (CARES) Act’s Paycheck Protection Program (PPP), and to secure the fraudulent discharge of federal student loans using falsified disability claims.

Buck admitted submitting more than 150 fraudulent PPP loan applications to the Small Business Administrating for herself and others in the conspiracy, resulting in more than $3 million in fraudulent disbursements from banks to members of the conspiracy. Buck directly received fraudulently obtained PPP funding, or was paid by conspirators for submitting their fraudulent applications.

In addition, conspirators paid Buck to submit falsified U.S. Department of Veterans Affairs certifications for total and permanent disability to the U.S. Department of Education in order to fraudulently secure the discharge of more than a dozen student loans totaling more than $1 million.

“Individuals that conspire to defraud Small Business Administration programs will be brought to justice and face the consequences of their illicit activity,” said SBA Office of Inspector General’s Eastern Region Special Agent in Charge Amaleka McCall-Brathwaite. “I want to thank the U.S. Department of Justice and our law enforcement partners for their dedication and pursuit of justice.”

“This sentencing sends a clear message to those who defraud the U.S. Government and squander valuable taxpayer dollars,” stated Special Agent in Charge Darrin K. Jones, Department of Defense Office of Inspector General, Defense Criminal Investigative Service (DCIS), Southeast Field Office.  “I applaud the work of the U.S. Attorney’s Office and our investigative partners on this case.”

“This sentence holds the defendant accountable for her large scale fraud scheme that impacted multiple federal agencies and robbed the taxpayers of millions of dollars,” said Special Agent in Charge David Spilker with the Department of Veterans Affairs Office of Inspector General’s Southeast Field Office. “The VA OIG is committed to investigating anyone who would exploit VA’s programs and services to fraudulently enrich themselves. We will continue to work closely with our law enforcement partners to hold wrongdoers accountable.”

“We will continue to aggressively pursue those who defrauded the Paycheck Protection Program which was funded by taxpayers and designed to assist businesses during the pandemic,” said J. Russell George, Treasury Inspector General for Tax Administration.  “We appreciate the efforts by our federal partners and the U.S. Attorney’s Office to hold these individuals to account.”

“Federal student aid exists so that individuals can make their dream of a higher education a reality. Ensuring that those who steal student aid through fraud or other means are stopped and held accountable for their criminal actions is a big part of our mission. Dara Buck willfully defrauded America’s taxpayers and students in a deliberate and methodical way, and her sentence should serve as a warning to anyone who intentionally steals or misappropriates Federal student aid dollars: you will be caught and held accountable for your unlawful actions,” said Reginald J. France, Special Agent in Charge of the U.S. Department of Education Office of Inspector General’s Southeastern Regional Office. “I’m proud of the work of the Office of Inspector General and our law enforcement partners for their work in this case.”

The case was investigated by the Small Business Administration Office of Inspector General; the Defense Criminal Investigative Service; U.S. Army Criminal Investigation Division, the U.S. Department of Education Office of Inspector General; the Department of Veterans Affairs Office of Inspector General; and the U.S. Treasury Inspector General for Tax Administration; and prosecuted for the United States by Assistant U.S. Attorney Ryan C. Grover.

Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’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.

Three Fentanyl Traffickers Sentenced To Federal Prison

Source: United States Department of Justice News

Orlando, Florida – U.S. District Judge Carlos E. Mendoza has sentenced Luis Omar Rosa Cotto (32, Orlando), Alejandro Acevedo Luna (34, Apopka), and Juan Carlos Garcia (38, Apopka) to federal prison for their roles in a conspiracy to distribute fentanyl.

Luis Omar Rosa Cotto

Pleaded guilty on July 12, 2022

Responsible for over 1.5 kilograms of fentanyl

Sentenced on November 7, 2022, to 10 years in federal prison

Alejandro Acevedo Luna

Pleaded guilty on July 6, 2022

Responsible for over 1 kilogram of fentanyl

Sentenced on January 6, 2023, to 15 years in federal prison

Juan Carlos Garcia

Found guilty at trial on October 17 to 19, 2022

Responsible for over 1 kilogram of fentanyl

Sentenced on January 6, 2023, to 10 years in federal prison

According to court documents, Acevedo Luna and Garcia conspired to drive to a gas station in Apopka and sell more than a kilogram of fentanyl for $33,000. Garcia drove the vehicle and brought a loaded handgun with him, and Acevedo Luna brought the drugs and set up the deal. The Drug Enforcement Administration (DEA) received information about the drug transaction and worked with the Apopka Police Department to conduct a traffic stop. After a search, the loaded handgun was recovered from the center console of the vehicle and the package of drugs was located in the backseat. Both men were arrested without incident.

On the same day, Rosa Cotto was determined to be the source of the fentanyl and a controlled purchase was set up by the DEA to buy an additional half kilogram of fentanyl. Rosa Cotto arrived at the buy location with the drugs, and he was arrested. A bag containing more than half a kilogram of fentanyl was found inside his vehicle. All of the drugs were tested by the DEA laboratory and determined to be p-Fluorofentanyl, which is an analogue of fentanyl and is classified as a Schedule I controlled substance. 

This case was investigated by the DEA, Homeland Security Investigations, and the Apopka Police Department. It was prosecuted by Assistant United States Attorneys John M. Gardella and Courtney Richardson-Jones.

New prosecutor to lead civil rights enforcement in West Virginia

Source: United States Department of Justice News

Assistant U.S. Attorney Carly Nogay and U.S. Attorney William Ihlenfeld

WHEELING, WEST VIRGINIA — Civil rights enforcement will be the focus of the newest prosecutor in the United States Attorney’s Office.

U.S. Attorney William Ihlenfeld announced today that Carly Nogay has been hired to lead civil rights investigations, to include hate crimes, disability and housing rights violations, and infractions of laws that prohibit discrimination based upon race, color, national origin, sex, and religion.

“I’m excited to have Carly Nogay on our team,” said Ihlenfeld. “She is an experienced litigator with outstanding academic credentials and a strong desire to serve the public. Her leadership on civil rights matters will help to make our communities safer and stronger.”

Nogay comes from the Allegheny County District Attorney’s Office in Pittsburgh where she handled a busy docket of violent crime and firearms cases. Prior to her work in Pittsburgh, she served as law clerk for Judge Valarie Costanzo of Washington County.

Nogay graduated with honors from both Duquesne University and the West Virginia University College of Law.

Defense News: Naval Enterprise can Expect Risk Management Assessments

Source: United States Navy

While the visits may conjure up visions of safety inspections with safety representatives on hand, that is not the case.

Assurance teams do not conduct safety inspections but rather risk assessments with principal command leaders over a one-week period. The word ‘safety’ will only be heard once, said the gold team lead in NAVSAFECOM’s assurance directorate, Capt. Brian Turney.

“We start discussions with commands by saying the only time you will hear the word ‘safety’ is when we say we are here from the Naval Safety Command,” Turney said. “Risk and self-improvement are the primary subjects of discussion.”

Assurance teams have conducted 11 assessments since June. Assessed commands appreciate the feedback provided and realize the assessments are helping them improve, said the director of NAVSAFECOM’s assurance directorate, David Bussel.

“The assessments measure whether behaviors of self-awareness, self-assessment, self-correction and continual learning are instilled within the command,” Bussel explained. “When these behaviors are present, then the command is likely ‘safe to operate’ and ‘operating safely’ because they are properly identifying and communicating risk, and accounting for risk at the appropriate level.”

So what does ‘safe to operate’ and ‘operating safely’ mean? It is a question that commands have asked NAVSAFECOM assurance teams.

“Throughout this first year of assessments, we will also assume an educational role to explain new concepts from the recently revamped Safety Management System (SMS),” said the NAVSAFECOM assurance directorate’s blue team lead, Capt. John Bub. “We understand that this is a learning process and how to better self-assess and self-correct.”

For example, the assurance teams will explain that ‘safe to operate’ and ‘operating safely’ are the lynchpins within the SMS, which encourages a safety focus and mindset that embraces self-assessment and self-correction to manage risk and maintain accountability. The SMS relies on four key takeaways: safe place, safe people, safe property and materiel, and safe processes and procedures (4Ps).

Yet the ‘safe to operate’ and ‘operating safely’ concepts are not one and the same, which is important to understand, Bub said.

“These are completely different aspects, and who owns these aspects can be different,” Bub said. “But they do not operate in isolation and in fact, are completely reliant on the other.”

‘Safe to operate’ is the as-designed safety for places, property and materiel, people, and processes and procedures.  It is the defining design, policy, engineering, resourcing and expectation management that sets the safety risk envelope for the hazardous activity or activities for a given operating environment.

On the other hand, ‘operating safely’ is executing the mission within the designed safety envelope. When unplanned or unforeseen safety risks manifest outside of the approved safety case and the military benefit (operationally defined objective) of taking the risk outweighs the cost of the risk exposure, then commands should apply the principles of operational risk management to control risk.

NAVSAFECOM conducts three tiers of assessments for Echelons II through V commands:

  • Tier I: The assurance directorate provides assurance of Echelon II-III risk resilience as well as safety and risk management systems and policies in order to assure the Naval Enterprise is safe to operate and operating safely by identifying, communicating and accounting for risk at the appropriate level.
  • Tier II: Certification and inspection teams from aviation, shore, afloat and expeditionary directorates focus on inspection and certification processes in support of the Navy’s Optimized Fleet Response Plan (OFRP) milestones. Units include carrier strike groups (CSG) and afloat training groups (ATG).
  • Tier III: Multidisciplinary teams from aviation, shore, afloat and expeditionary directorates focus on day-to-day unit-level (Echelons IV and V) standards and compliance during local area assessments.

While Tier II and III assessments are no-notice, the NAVSAFECOM assurance directorate, who conducts Tier I assessments, will notify commands eight weeks in advance asking for data and documents no later than four weeks prior to the assessment. The 8-week advance notice also ensures that commands have principals on hand such as directors.

During the assessment week, the Tier I assurance teams will conduct interviews, review records, and observe battle rhythm and decision-making events.

Following the assurance assessment week, NAVSAFECOM will provide the unit commander an assessment out brief and follow-on written report with a ‘grade’ corresponding with levels of risk control effectiveness and details regarding risks. The assessed command will in turn provide a response report outlining corrective actions to their reporting senior within 30 days.

NAVSAFECOM is not the primary recipient of the response report but rather copied because the risk picture belongs to the commander, said the deputy director of NAVSAFECOM’s assurance directorate, Nate Elder.

“It is not the position of the assessment team to judge individual risk decisions because that is the role of the commander,” Elder said. “Our teams verify to the commander whether staff processes are in place to provide a complete risk picture when the commander needs to make an integrated risk decision. We are the third party coming in to look and see how well the system is working and help highlight where improvements can be made.”

Defense News: Department of the Navy CIO Announces Campaign Plan to Further Information Security

Source: United States Navy

The ISV, published in February 2020, remains the foundation for the DON’s efforts to modernize, innovate and defend its information technology (IT). The campaign plan identifies six focus areas for FY 23 that are critical to maintaining momentum in achieving ISV objectives.

Optimize the DON IE for Cloud

The DON plans to optimize the Information Environment (IE) for cloud by modernizing application and data hosting environments and diversifying transport, including with Proliferated Low Earth Orbit satellites. When optimizing, the DON will target the challenging use cases of Multi-Level Security and bandwidth restricted environments, as well as garrison and expeditionary OCONUS shore locations.

Adopt Enterprise Services

IT Enterprise Services, which enable the DON to “create once, use often,” will enable consumers to achieve mission objectives faster, better, cheaper and more securely. The DON will enable a thriving marketplace for these reusable services by reinforcing standards and best practices for IT service management, and promoting mature enterprise solutions that satisfy common needs.

Implement Zero Trust

The DON will continue its shift from traditional network boundary protection to Zero Trust, which requires all access to data and computing resources to be fully authorized, authenticated, encrypted and monitored.

Use Data to Fuel Force Readiness

Making data consumable and useable for decision-making increases readiness and improves performance. During FY 23, the DON will pursue several data initiatives, including one to establish and execute the process for authoritatively defining mission-critical authoritative data sources, which will set the stage for operationalizing and sharing data at scale.

Cyber Ready

The DON will continue moving from its current compliance-based cybersecurity approach to one where the right to operate is earned and managed every day. Teams organized around the Cyber Ready lines of effort will develop solutions, select tools, and produce methodologies, policy, guidance and concepts of operation for instituting this new approach. The DON will also conduct pilots to validate the Cyber Ready process and demonstrate innovative methods for accelerating the deployment of secure capabilities.

Cattle Drive

Cattle Drive accelerates the modernization and transformation of the DON’s IT capabilities by ensuring decisions are made to sunset or rationalize unneeded, obsolete, unproductive, insecure and un-auditable IT applications. During FY 23, the DON will continue eliminating or realigning resources, decertifying systems, and removing targeted systems and applications from the network though this data driven process that provides better visibility into its IT portfolios, allowing for smarter investments that drive modernization.

“This is a team sport,” Weis said. “Cooperation continues to be the key to execution. Successful execution of the FY 23 campaign plan requires active involvement from champions across the DON.”