Month: February 2023

Source: United States Department of Justice News

           Montgomery, Alabama – Today, United States Attorney Sandra J. Stewart announced that Shaheyne Phillip Thomas, 28, from Tuskegee, Alabama, received a 100-month prison sentence. Thomas had previously pleaded guilty to committing federal gun and drug offenses while on supervised release from a previous conviction. The judge also ordered that Thomas serve five years of supervised release following his prison sentence.

            According to Thomas’s plea agreement and other court records, on March 30, 2021, officers from the Alexander City Police Department conducted a traffic stop on a vehicle Thomas was driving. When speaking with Thomas, the officers noticed the smell of alcohol. They also saw an open container inside the car. When the officers asked Thomas for a driver’s license and proof of insurance, he was unable to produce either. The officers then searched Thomas’s vehicle and found methamphetamine, $657 in cash, and a 9mm handgun, which was located under the floormat on the driver’s side of the vehicle. On November 18, 2022, Thomas pleaded guilty to possession with intent to distribute methamphetamine and possession of a firearm in relation to a drug trafficking crime. The 100-month sentence was ordered on February 23, 2023.

            At the time of the March 2021 arrest, Thomas was on federal supervised release. He had previously served approximately three years in prison following a 2018 federal conviction for being a felon in possession of a firearm. Soon after the March 2021 arrest, in June of 2021, a judge revoked Thomas’s supervised release and sentenced him to 24 months in prison for violating the terms of his release. Thomas will serve the 100-month sentence imposed last week only after he finishes serving the 24-month sentence imposed in June of 2021.  

            The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Alexander City Police Department investigated the case, with assistance from the Alabama Department of Forensic Sciences. Assistant United States Attorney Russell T. Duraski prosecuted this case.

Source: United States Department of Justice News

PITTSBURGH – Acting United States Attorney Troy Rivetti announced today that the United States has finalized a Settlement Agreement with James L. Luketich, M.D., University of Pittsburgh Medical Center (“UPMC”), and University of Pittsburgh Physicians (“UPP”), to resolve the lawsuit the United States filed against those Defendants in September 2021.

As part of that Settlement Agreement, Dr. Luketich, UPMC, and UPP agreed to pay $8.5 million to the United States to resolve the claims against them. The Defendants also agreed to create and effectuate a Corrective Action Plan for Dr. Luketich, and to submit to a year-long, third-party audit of Dr. Luketich’s physician fee services billings to Medicare. Pursuant to the Settlement Agreement, UPMC, in turn, has the ability to request information, guidance, assurance and/or an advisory opinion from the Centers for Medicare and Medicaid Services of the Department of Health and Human Services regarding certain Medicare regulations pertaining to the types of surgeries at issue in the case.

The United States’ lawsuit was filed under the False Claims Act, 31 U.S.C. 3729, et seq., and was based on a two-year investigation into allegations originally brought by Jonathan D’Cunha, M.D., a former UPMC surgeon. In its Complaint, the United States alleged that Dr. Luketich – the longtime chair of UPMC’s Department of Cardiothoracic Surgery – regularly performed as many as three, complex surgical procedures at the same time, failed to participate in all of the “key and critical” portions of his surgeries, and forced his patients to endure hours of medically unnecessary anesthesia time, as he moved between operating rooms and attended to other patients or matters. According to the United States’ Complaint, those practices amounted to violations of the statutes and regulations which prohibit “teaching physicians” (like Dr. Luketich) from billing the United States for “concurrent surgeries,” were well known to UPMC leadership, and increased the risk of surgical complications to patients.

In June 2022, the Court denied the Defendants’ attempt to dismiss the Government’s Complaint. The Settlement Agreement provides that it is neither an admission of liability by the Defendants nor a concession by the United States that its claims are not well founded. Instead, in order to avoid delay and the expense of protracted litigation, and in consideration of the promises and obligations of the Settlement Agreement, the parties agreed to resolve the case.

“This is an important settlement and a just conclusion to the United States’ investigation into Dr. Luketich’s surgical and billing practices, and UPMC and UPP’s acceptance of those practices,” said Acting U.S. Attorney Rivetti. “This Office is committed to safeguarding the Medicare and Medicaid programs, and to protecting those programs’ beneficiaries. No medical provider – however renowned – is excepted from scrutiny or above the law.”

“The Complaint alleged that Dr. Luketich used his position as a trusted doctor to defraud the health care system,” said FBI Pittsburgh Special Agent in Charge Mike Nordwall. “Health are fraud costs our country billions of dollars each year. This money is not just absorbed. It is passed down to the consumer. The Settlement Agreement provides that UPMC will implement a Corrective Action Plan for Dr. Luketich, and he will now have to undergo close scrutiny of his work.”

“Ensuring physicians and other health care entities provide honest and accurate information to their patients and government health care programs, is of the upmost importance,” said Special Agent in Charge Maureen R. Dixon of the HHS-OIG Philadelphia Regional Office. “HHS-OIG will continue to work closely with our law enforcement partners to thoroughly investigate health care fraud allegations to protect the safety of patients and the integrity of taxpayer-supported health care programs.”

The False Claims Act is one of the most powerful tools in the United States’ continued efforts to combat health care fraud. The Act’s whistleblower (or “qui tam”) provisions authorize private parties to sue on behalf of the United States for false claims and share in any recovery, and permit the United States to intervene and take over the lawsuit, either in its entirety, or in part (as it did here). Tips and complaints from all sources about potential fraud, waste, abuse, and mismanagement can be reported to the Department of Health and Human Services, at 800 HHS TIPS (800-447-8477).

Assistant United States Attorneys Lee Karl and Adam Fischer litigated this case on behalf of the United States. Prior to the filing of the Government’s Complaint, this matter was investigated by U.S. Attorney’s Office for the Western District of Pennsylvania, the U.S. Department of Health and Human Services Office of Inspector General, and the Federal Bureau of Investigation, in conjunction with the Internal Revenue Service – Criminal Investigation, the Department of Defense Office of Inspector General, the Drug Enforcement Administration, Department of Veterans Affairs Office of Inspector General, and the Pennsylvania’s Office of the Attorney General.

The case is captioned United States of America ex rel. Jonathan D’Cunha, M.D. v. James Luketich. et al., No. 19-cv-495 (W.D. Pa.).

Source: United States Department of Justice News

CAMDEN, N.J. – A Camden County man was arrested for possessing multiple images and videos of child sex abuse, U.S. Attorney Philip R. Sellinger announced today.

Matthew Knapp, 38, of Lindenwold, New Jersey, is charged by complaint with one count of possession of child pornography. He made his initial appearance on Feb. 23, 2023, before U.S. Magistrate Judge Sharon A. King in Camden federal court and was released on $100,000 unsecured bond.

According to documents filed in this case and statements made in court:

In February 2022, an undercover law enforcement officer conducted an online session using a publicly available peer-to-peer program, which allows internet users to trade digital files. A user shared multiple files featuring images or videos of child sexual abuse from an internet address traced to Knapp’s residence. On May 10, 2022, law enforcement officers executed a search warrant at Knapp’s residence and seized, among other things, a computer, three hard drives, and a flash drive that contained depictions of child sex abuse, including images of prepubescent children.

Knapp was convicted of aggravated indecent assault of a person less than 16 years of age in Bucks County, Pennsylvania, in 2007. For a repeat offender, the charge of possession of child pornography carries a mandatory minimum term of 10 years in prison, a maximum of 20 years in prison, and a $250,000 fine.

U.S. Attorney Sellinger credited special agents of the Department of Homeland Security, Homeland Security Investigations, under the direction of Special Agent in Charge Ricky J. Patel with the investigation leading to the arrest. U.S. Attorney Sellinger also thanked the Camden County Prosecutor’s Office, under the direction of Prosecutor Grace C. MacAulay; and the Lindenwold Police Department, under the direction of Chief of Police Michael McCarty Jr., for their assistance with the investigation leading to the arrest.

The government is represented by Assistant U.S. Attorney Elisa T. Wiygul of the Criminal Division in Camden.

The charge and allegations against the defendant are merely accusations, and he is presumed innocent unless and until proven guilty.

Source: United States Department of Justice News

ERIE, PA – A resident of Fairview, Pennsylvania pleaded guilty in federal court on Feb. 24, 3023, to conspiracy to violate the Clean Air Act, Acting United States Attorney Troy Rivetti announced today.

David Stablein, 54, pleaded guilty to one count before United States District Judge Susan Paradise Baxter.

In connection with the guilty plea, Stablein admitted the facts set forth in the Information filed in the case; that is, from October 2015 to September 2018, Stablein conspired with his supervisor Anthony Nearhoof and others to violate the Clean Air Act while employed at the Erie Coke Corporation. The conspiracy involved employees opening heating flues on top of the coke oven batteries by removing their caps to allow combustion gases to vent directly into the air to avoid the plant’s environmental monitoring system. Stablein and Nearhoof, who is pending trial, personally removed flue caps, and directed others to do so, in order to vent coke oven gas directly into the atmosphere to reduce opacity levels being read by the monitoring system through the smokestack. The improper venting of coke oven gas to bypass the monitoring system and minimize opacity readings resulted in the spread of air pollutants outside the facility’s boundaries to adjoining residential and commercial areas, which presented potential dangers to the public’s health and safety.

Judge Baxter scheduled sentencing for June 30, 2023. The law provides for a total sentence of not more than five years in prison, a fine of $250,000.00, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.

Assistant United States Attorneys Nicole Vasquez Schmitt and Michael L. Ivory, and Special Assistant United States Attorneys Perry D. McDaniel and Martin Harrell are prosecuting this case on behalf of the government.

The Environmental Protection Agency conducted the investigation that led to the prosecution of Stablein.

Source: United States Department of Justice News

Greenbelt, Maryland – A federal jury in Maryland has convicted Diape Seck, age 29, of Rockville, Maryland for his role in a bank fraud scheme in which he and his co-conspirators obtained or attempted to obtain almost $2 million by fraud, including by stealing checks from the mail of churches and religious institutions.  The guilty verdict was returned late on February 24, 2023.

The guilty verdict was announced by Erek L. Barron, United States Attorney for the District of Maryland; Postal Inspector in Charge Damon E. Wood of the U.S. Postal Inspection Service – Washington Division; Special Agent in Charge James C. Harris of Homeland Security Investigations (HSI) Baltimore; Acting Special Agent in Charge Mike Serra of the Federal Deposit Insurance Corporation, Office of Inspector General (FDIC-OIG); Chief Marcus Jones of the Montgomery County Police Department; Chief Terry Sult of the Cary, North Carolina, Police Department; and Sheriff Dusty Rhoades of the Williamson County, Tennessee, Sheriff’s Office.

According to the evidence presented at his eight-day trial, from at least January 2019 to January 2020, Seck, a customer service representative with Bank A, conspired with Mateus Vaduva, Marius Vaduva, Vlad Baceanu, Nicolae Gindac, Florin Vaduva, Marian Unguru, Daniel Velcu, Vali Unguru and others to commit bank fraud.  Specifically, the evidence showed that Seck fraudulently opened bank accounts in fake identities in exchange for cash bribes.  Co-conspirators engaged in fraud that included fraud involving rental cars and the deposit of checks stolen from the incoming and outgoing mail of churches and other religious institutions, into the fraudulently opened bank accounts.  The co-conspirators then withdrew the funds and spent the fraudulently obtained proceeds.

As detailed in the trial evidence, Diape Seck facilitated the opening of hundreds of bank accounts at Bank A for his co-conspirators, who used purported foreign identity documents, often but not universally Romanian, to fraudulently open bank accounts with him at Bank A, as well as bank accounts at other victim financial institutions.  Seck opened accounts for co-conspirators without their presence in the bank, without verifying identity information, and opened accounts for co-conspirators who opened multiple accounts at a time under different identities.  To conceal his improper activities, Seck opened accounts for the co-conspirators at the same time he conducted legitimate bank activities.  The co-conspirators paid Seck cash in exchange for him opening the fraudulent bank accounts.

According to court documents and witness testimony, Seck violated numerous bank policies in opening approximately 412 checking accounts in a one-year period from approximately January 2, 2019 through January 3, 2020, relying predominantly on purported Romanian passports and driver’s license information.  Checks payable to and written from churches and other religious institutions from around the country were deposited into many of the 412 checking accounts which were not opened in the names of the churches.

The co-conspirators fraudulently negotiated the stolen checks by depositing them into the victim bank accounts, including the fraudulent accounts opened by Seck at Bank A, often by way of automated teller machine (ATM) transactions.   After depositing the stolen checks into the bank accounts, the conspirators made cash withdrawals from ATMs and purchases using debit cards associated with the bank accounts.

Co-conspirators Vlad Baceanu, age 38; Daniel Velcu, age 43; Marian Unguru, age 36; and Vali Unguru, age 20, all of Baltimore, Maryland, previously pled guilty to conspiracy to commit bank fraud and wire fraud.  Nicolae Gindac, age 52, of Dania Beach, Florida was sentenced to 54 months in federal prison and ordered to pay restitution of $1,096,660.11; Mateus Vaduva, age 29, of Baltimore was sentenced to five years in federal prison and ordered to pay restitution of $1,320,885.84; Florin Vaduva, age 31, of Dania Beach, Florida was sentenced to 51 months in federal prison and ordered to pay restitution of $1,096,660.11; and Marius Vaduva, age 28, of Baltimore was sentenced to 42 months in federal prison and ordered to pay restitution of $1,334,230.84, after they previously pled guilty to conspiracy to commit bank and wire fraud.

Seck faces a maximum sentence of 30 years in federal prison for each of conspiracy to commit bank fraud; bank fraud; making false entries in bank records; and receipt of a bribe or reward by a bank employee.  U.S. District Judge Theodore D. Chuang has scheduled sentencing for Seck on June 2, 2023, at 2:30 p.m.

United States Attorney Erek L. Barron commended the U.S. Postal Inspection Service, HSI, the FDIC Office of Inspector General, the Montgomery County Police Department, the Cary (North Carolina) Police Department, and the Williamson County (Tennessee) Sheriff’s Office for their work in the investigation.  Mr. Barron thanked Assistant U.S. Attorneys Elizabeth Wright and Darren Gardner, who are prosecuting the case.

For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit www.justice.gov/usao-md and https://www.justice.gov/usao-md/community-outreach.

# # #