Former Anchorage Resident Sentenced for Federal Drug Conspiracy and Passport Fraud

Source: United States Department of Justice News

ANCHORAGE – Jose Luis Rodriguez-Vazquez was sentenced on February 23, 2023, to 46 months in prison for federal drug conspiracy and passport fraud charges. 

According to a criminal complaint filed in September of 2010 by Homeland Security Investigations (HSI), Rodriguez-Vasquez distributed over 50 grams of methamphetamine to an undercover agent during a controlled purchase operation.

Following the operation in early 2010, the State Department’s Diplomatic Security Service received information from HSI that Rodriguez-Vasquez may have applied for a U.S. passport in a different name.  Investigation found that Rodriguez-Vasquez applied for a U.S. Passport in 2002 in the name of Erik Ivan Cardiel and had received a United States visa in the Rodriguez-Vasquez name.   Rodriguez-Vasquez was indicted in October of 2010 for passport fraud.

Rodriguez-Vasquez was able to evade law enforcement for over 10 years until he was located and arrested in 2020 in Indianapolis, Indiana by the United States Marshals Fugitive Task Force. 

Rodriguez-Vasquez signed a plea agreement in December of 2021, pleading guilty to drug conspiracy and passport fraud charges. 

“Drug trafficking and identity theft are serious crimes, and we will work with our law enforcement partners in Alaska and across the country to bring these offenders to justice,” said S. Lane Tucker, United States Attorney for the District of Alaska. “If these offenders think they have escaped liability for their crimes, they are wrong. Like Mr. Rodriguez-Vazquez, they will be caught, they will be prosecuted, and they will be held accountable.”

“The successful outcome of this case is a result of the dedicated efforts of HSI and our partners to identify and combat individuals and transnational criminal organizations who pose a threat to public safety and national security,” said Special Agent in Charge (SAC) Robert Hammer, who oversees HSI operations in the Pacific Northwest.  “After ten years on the run, the subject in this case was held responsible for his drug trafficking and document fraud crimes based on the multi-jurisdictional cooperation across law enforcement agencies.”

“The Diplomatic Security Service is committed to investigating and pursuing anyone who applies for or obtains a United States passport using false documents,” said Special Agent in Charge William Chang of the DSS San Francisco Field Office. “The U.S. passport is the most coveted travel document in the world. There are foreign nationals who attempt to fraudulently acquire U.S. passports to carry out criminal activities, including terrorism, inside our borders. These crimes threaten the national security of the United States.”

This case results from a joint investigation by Homeland Security Investigations, the U.S. State Department’s Diplomatic Security Service, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and was prosecuted by James Klugman, Assistant United States Attorney, District of Alaska.  

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Justice Department Announces Application Form for Marijuana Pardon Certificates

Source: United States Department of Justice News

Today, the Justice Department is launching an application for eligible individuals to receive certificate of proof that they were pardoned under the Oct. 6, 2022, proclamation by President Biden. On Oct. 6, 2022, the President announced a full, unconditional and categorical pardon for prior federal and D.C. offenses of simple possession of marijuana. The President’s pardon lifts barriers to housing, employment and educational opportunities for thousands of people with those prior convictions. President Biden directed the Justice Department to develop a process for individuals to receive their certificate of pardon.

The online application will be available on the Office of the Pardon Attorney’s website: Application for Certificate of Pardon. The web form allows eligible persons to submit documentation to the Office of the Pardon Attorney and receive a certificate indicating the person was pardoned on Oct. 6, 2022, for simple possession of marijuana.

The President’s pardon, effective Oct. 6, 2022, may assist pardoned persons by removing civil or legal disabilities — such as restrictions on the right to vote, to hold office or to sit on a jury — that are imposed because of the pardoned conviction. The application released today may also be helpful as proof of pardon for those who seek to obtain licenses, bonding or employment. As President Biden said at the time of the proclamation, his action intends to “help relieve the consequences arising from these convictions.”  

Those who were pardoned on Oct. 6, 2022, are eligible for a certificate of pardon. Consistent with the proclamation, to be eligible for a certificate, an applicant must have been charged or convicted of simple possession of marijuana in either a federal court or D.C. Superior Court, and the applicant must have been lawfully within the United States at the time of the offense. Similarly, an individual must have been a U.S. citizen or lawful permanent resident on Oct. 6, 2022.

Those who were convicted of state marijuana offenses do not qualify for the pardon.

The department is committed to carefully and expeditiously reviewing the applications and issuing certificates to those pardoned under the proclamation. For more information regarding eligibility and answers to frequently asked questions, please visit Presidential Proclamation on Marijuana Possession.

Florida’s Lakeland Regional Medical Center Agrees to Pay $4 Million to Settle Common Law Allegations for Impermissible Medicaid Donations

Source: United States Department of Justice News

Lakeland Regional Medical Center (LRMC) in Lakeland, Florida, has agreed to pay the United States $4 million to resolve allegations that it made donations to a local unit of government to improperly fund the state’s share of Medicaid payments to LRMC. 

The Florida Medicaid program provides medical assistance to low-income individuals and individuals with disabilities, and is jointly funded by the federal and state governments. Under federal law, Florida’s share of Medicaid payments must consist of state or local government funds, and may not come from “non-bona fide donations” from private health care providers, such as hospitals. A non-bona fide donation is a payment — in cash or in kind — from a private provider to a governmental entity that is then returned to the private provider through a payment by Medicaid. Because Medicaid services are reimbursed jointly by the federal and state governments, a non-bona fide donation causes federal expenditures to increase without any corresponding increase in state expenditures, since the state share of the Medicaid payments to the provider comes from and is returned to the provider. The prohibition of this practice ensures that states are in fact paying a share of Medicaid payments and thus have an incentive to curb Medicaid costs and prevent unnecessary services.  

The United States alleged that, between October 2014 and September 2015, LRMC made improper, non-bona fide donations to Polk County, Florida by assuming and paying certain of Polk County’s financial obligations to other healthcare providers. These donations were designed to increase Medicaid payments received by LRMC, by freeing up funds for the County to make payments to the State as the state share of Medicaid payments to LRMC. This state share was “matched” by the federal government before being returned to LRMC as Medicaid payments. The Medicaid payments LRMC received were thus funded by the federal government and LRMC’s own donations, in violation of the prohibition on non-bona fide donations. 

“When private parties make improper donations to fund the state share of Medicaid, they undermine a key safeguard for ensuring the integrity of the Medicaid program,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “Medicaid expenditures should be determined by beneficiaries’ medical needs rather than by donations by private hospitals to local units of government.”

“Protecting the Medicaid program is crucial, as millions of Floridians rely on it for their medical care and related services,” said U.S. Attorney Roger B. Handberg for the Middle District of Florida. “We are committed to ensuring that government funds are used for their intended purposes and are not improperly obtained.” 

The resolution obtained in this matter was the result of a coordinated effort between the Justice Department’s Civil Division, Commercial Litigation Branch, Fraud Section, and the U.S. Attorney’s Office for the Middle District of Florida, with assistance from the U.S. Department of Health and Human Services Office of Inspector General.

The matter was handled by Fraud Section Attorneys Alison B. Rousseau and Jonathan T. Thrope and Assistant U.S. Attorney Carolyn B. Tapie.

The claims resolved by the settlement are allegations only, and there has been no determination of liability.

Former U.S. Army Soldier Sentenced to 45 Years in Prison for Attempting for Murder Fellow Service Members in Deadly Ambush

Source: United States Department of Justice News

A Kentucky man was sentenced today to 45 years in prison for attempting to murder U.S. service members, providing and attempting to provide material support to terrorists, and illegally transmitting national defense information.

Ethan Phelan Melzer, aka Etil Reggad, 24, of Louisville, pleaded guilty to attempting to murder U.S. service members, providing and attempting to provide material support to terrorists, and illegally transmitting national defense information on June 24, 2022, before U.S. District Judge Gregory H. Woods, who imposed today’s sentence. According to court documents, Melzer planned a jihadist attack on his U.S. Army unit in the days leading up to a deployment to Turkey and sent sensitive details about the unit — including information about its location, movements, and security — to members of the extremist organization Order of the Nine Angles (O9A), a white supremacist, neo-Nazi and pro-jihadist group.

“Today’s sentence holds Mr. Melzer accountable for an egregious and shameful act of betrayal against his own military unit and his country,” said Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division. “The Justice Department will use all available resources to disrupt and bring to justice those who would aid foreign terrorist organizations and use violence to harm our men and women in uniform or any American anywhere.”

“Ethan Melzer infiltrated the U.S. Army in service of a neo-Nazi, white supremacist and jihadist group,” said U.S. Attorney Damian Williams for the Southern District of New York. “He used his membership in the military to pursue an appalling goal: the brutal murder of his fellow U.S. service members in a carefully plotted ambush. By unlawfully disclosing his unit’s location, strength, and armaments to other O9A members and jihadists in furtherance of this ambush, Melzer traitorously sought to attack the very soldiers he was entrusted to protect. Today’s sentence makes clear that Melzer’s brazen actions backfired and that this office — along with our partners in law enforcement and the military — will work tirelessly to bring traitors like Melzer to justice and to protect the safety and integrity of our armed services.”

“Melzer betrayed his fellow soldiers and his country,” said Assistant Director Robert R. Wells of the FBI’s Counterterrorism Division. “Americans serving their country overseas should never have to fear a terrorist attack from within their own ranks, and today’s sentence holds him accountable for his deadly plan to attack the brave men and women of the armed forces who protect our nation.”

According to court documents, Melzer is a member of O9A. O9A espouses neo-Nazi, antisemitic and Satanic beliefs and promotes extreme violence to accelerate and cause the demise of Western civilization. The group has expressed admiration both for Nazis, such as Adolf Hitler, and Islamic jihadists, such as Usama Bin Laden, the now-deceased former leader of al Qaeda. Members and associates of O9A have also participated in acts of violence, including murders. O9A members are instructed to fulfill “sinister” deeds, including “insight roles,” where they attempt to infiltrate various organizations, including the military, to gain training and experience, commit acts of violence, identify like-minded individuals, and ultimately subvert those groups from within.

Melzer joined the U.S. Army in approximately 2018 and infiltrated its ranks as part of an insight role to further his goals as an O9A adherent. In approximately October 2019, Melzer deployed abroad with the Army to Italy as a member of the 173rd Airborne Brigade Combat Team. While stationed abroad, Melzer consumed propaganda from multiple extremist groups, including O9A and the Islamic State of Iraq and al-Sham, which is also known as ISIS. For example, Melzer subscribed to encrypted online forums where he downloaded and accessed videos of jihadist attacks on U.S. troops and facilities and jihadist executions of civilians and soldiers, in addition to far-right, neo-Nazi, and other white supremacist propaganda.

In approximately early May 2020, the Army informed Melzer that he would be reassigned to a unit scheduled for a further foreign deployment, where the unit would be guarding an isolated and sensitive military installation (the Military Base). After he was notified of the assignment, Melzer joined his new unit and attended weeks of training, including classified and unclassified briefings, to prepare for the deployment. As part of this intensive training, Melzer learned details about the purpose, layout, and security of the Military Base. Melzer and his unit also received in-depth training about and practiced for numerous threat scenarios at the Military Base, including how to respond to various potential terrorist attack scenarios.

Upon learning the importance and sensitivity of his upcoming deployment, Melzer immediately began passing that information to members of O9A. Melzer secretly used an encrypted messaging application to propose, advocate for, and plan a deadly attack on his fellow service members. Melzer sent messages to members and associates of O9A and, in particular, a sub-group of O9A known as the “RapeWaffen Division,” providing details about his unit’s anticipated deployment including troop movements, relevant dates, locations, armaments, topography, and security, all in connection with the proposed attack on his unit and the Military Base. Melzer and his co-conspirators used this information to plan what they referred to as a “jihadi attack” with the objective of causing a “mass casualty” event victimizing his fellow service members. For example, after describing the unit’s weaponry during the deployment — and providing information consistent with the briefings he had received — Melzer described to his co-conspirators how an attack would “essentially cripple” the unit’s “fire-teams.”

To further the attack plan, Melzer and his co-conspirators passed these messages to a purported member of al Qaeda. Melzer’s proposed attack evolved as he gathered and distributed additional sensitive information about the deployment. For example, Melzer also promised to leak more information once he arrived at the Military Base — including real-time photographs of the facility and the frequency and channel of U.S. Army radio communications — in order to maximize the likelihood of a successful attack on his unit or on a replacement unit deployed to the Military Base.

Melzer told members of O9A in his encrypted electronic communications “[y]ou just gotta understand that currently I am risking my literal free life to give you all this” and that he was “expecting results.” Melzer further acknowledged that he could be killed during the attack and described his willingness to die for O9A’s goals, writing “who gives a fuck [. . .] it would be another war . . . I would’ve died successfully . . . cause another 10 year war in the Middle East would definitely leave a mark.”  Melzer also acknowledged in his messages that he deleted some of the communications regarding the planning of the attack because the plot amounted to treason.

The FBI New York Joint Terrorism Task Force investigated the case, with valuable assistance provided by the FBI’s Legal Attaché Office in Rome; the Air Force Office of Special Investigations; U.S. Army Counterintelligence; U.S. Army Criminal Investigation Command; and the U.S. Department of State Diplomatic Security Service.

Assistant U.S. Attorneys Sam Adelsberg, Matthew J.C. Hellman and Kimberly J. Ravener for the Southern District of New York are prosecuting the case, with valuable assistance provided by Trial Attorneys Alicia Cook of the National Security Division’s Counterterrorism Section and Scott Claffee of the National Security Division’s Counterintelligence and Export Control Section.

Security News: Florida’s Lakeland Regional Medical Center Agrees to Pay $4 Million to Settle Common Law Allegations for Impermissible Medicaid Donations

Source: United States Department of Justice 2

Lakeland Regional Medical Center (LRMC) in Lakeland, Florida, has agreed to pay the United States $4 million to resolve allegations that it made donations to a local unit of government to improperly fund the state’s share of Medicaid payments to LRMC. 

The Florida Medicaid program provides medical assistance to low-income individuals and individuals with disabilities, and is jointly funded by the federal and state governments. Under federal law, Florida’s share of Medicaid payments must consist of state or local government funds, and may not come from “non-bona fide donations” from private health care providers, such as hospitals. A non-bona fide donation is a payment — in cash or in kind — from a private provider to a governmental entity that is then returned to the private provider through a payment by Medicaid. Because Medicaid services are reimbursed jointly by the federal and state governments, a non-bona fide donation causes federal expenditures to increase without any corresponding increase in state expenditures, since the state share of the Medicaid payments to the provider comes from and is returned to the provider. The prohibition of this practice ensures that states are in fact paying a share of Medicaid payments and thus have an incentive to curb Medicaid costs and prevent unnecessary services.  

The United States alleged that, between October 2014 and September 2015, LRMC made improper, non-bona fide donations to Polk County, Florida by assuming and paying certain of Polk County’s financial obligations to other healthcare providers. These donations were designed to increase Medicaid payments received by LRMC, by freeing up funds for the County to make payments to the State as the state share of Medicaid payments to LRMC. This state share was “matched” by the federal government before being returned to LRMC as Medicaid payments. The Medicaid payments LRMC received were thus funded by the federal government and LRMC’s own donations, in violation of the prohibition on non-bona fide donations. 

“When private parties make improper donations to fund the state share of Medicaid, they undermine a key safeguard for ensuring the integrity of the Medicaid program,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “Medicaid expenditures should be determined by beneficiaries’ medical needs rather than by donations by private hospitals to local units of government.”

“Protecting the Medicaid program is crucial, as millions of Floridians rely on it for their medical care and related services,” said U.S. Attorney Roger B. Handberg for the Middle District of Florida. “We are committed to ensuring that government funds are used for their intended purposes and are not improperly obtained.” 

The resolution obtained in this matter was the result of a coordinated effort between the Justice Department’s Civil Division, Commercial Litigation Branch, Fraud Section, and the U.S. Attorney’s Office for the Middle District of Florida, with assistance from the U.S. Department of Health and Human Services Office of Inspector General.

The matter was handled by Fraud Section Attorneys Alison B. Rousseau and Jonathan T. Thrope and Assistant U.S. Attorney Carolyn B. Tapie.

The claims resolved by the settlement are allegations only, and there has been no determination of liability.