Month: July 2024

Source: United States Department of Justice Criminal Division

On July 23, Pardon Attorney Elizabeth Oyer and members of her team visited Federal Correctional Institution (FCI) Thomson, a low security Federal Bureau of Prisons (FBOP) facility for male inmates with an adjacent minimum security satellite camp, located in Thomson, Illinois. The Pardon Attorney and her team hosted a series of educational sessions about the federal clemency process and answered questions from FBOP staff and incarcerated individuals.

During their visit, the Pardon Attorney and her team worked with FCI Thomson staff to make the Office of the Pardon Attorney’s commutation instructions and form available on TruLincs, a secure email service for inmates and their contacts.

The visit to FCI Thomson is the ninth in a series of educational events conducted by the Pardon Attorney for incarcerated individuals and staff at various FBOP locations.

These educational sessions within the FBOP are part of the initiative by the Office of the Pardon Attorney to increase the accessibility and transparency of the clemency process through education and community engagement.

Source: United States Department of Justice Criminal Division

Note: View the indictment here. 

Hadi Matar, 26, of Fairview, New Jersey, was arraigned today in federal court in connection with attempting to provide material support to Hizballah, a designated foreign terrorist organization; engaging in an act of terrorism transcending national boundaries; and providing material support to terrorists. 

“We allege that in attempting to murder Salman Rushdie in New York in 2022, Hadi Matar committed an act of terrorism in the name of Hizballah, a designated terrorist organization aligned with the Iranian regime,” said Attorney General Merrick B. Garland. “The Justice Department will prosecute those who perpetrate violence in the name of terrorist groups and undermine the basic freedoms enshrined in our Constitution.”

“The defendant attempted to carry out a fatwa endorsed by Hizballah that called for the death of Salman Rushdie — a fatwa issued in 1989 by Iran’s Ayatollah Khomeini,” said FBI Director Christopher Wray. “Violence directed at Americans for exercising their First Amendment rights will never be tolerated. The FBI will work with our partners to pursue and hold accountable those who resort to violence.”

“This defendant put time and effort into traveling to the Western District of New York with the intent of taking the life of another,” said U.S. Attorney Trini E. Ross for the Western District of New York. “Only because of the brave efforts of those who were present that day, the defendant was prevented from completing his murderous intention. This indictment is a result of the collaborative efforts of our investigative partners in law enforcement, which is one step towards ensuring that the defendant be held accountable for his actions.”

According to the court documents and statements made by the government in court, between September 2020 and August 2022, Matar attempted to provide material support and resources to Hizballah. Matar did this by attempting to carry out a fatwa calling for the execution of Salman Rushdie, which Matar understood was endorsed by Hizballah.

The indictment further alleges that Matar attempted to kill and did in fact assault Rushdie. Matar was motivated, in part, by a 2006 speech given by Hizballah Secretary General Hassan Nasrallah, in which Nasrallah endorsed the fatwa calling for Rushdie’s death, which was originally issued in 1989.

If convicted, Matar faces a maximum penalty of life in prison. 

The FBI is investigating the case.

Assistant U.S. Attorneys Timothy C. Lynch and Charles M. Kruly for the Western District of New York and Trial Attorney Frank Russo of the Justice Department’s National Security Division’s Counterterrorism Section are prosecuting the case, with assistance from the U.S. Attorney’s Office for the District of New Jersey.

An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

Source: United States Department of Justice Criminal Division

Admera Health LLC (Admera) has agreed to pay the United States $5,389,648 to resolve allegations that it violated the False Claims Act by paying commissions to third party independent contractor marketers in violation of the Anti-Kickback Statute (AKS). Admera will pay an additional $147,851 to individual states for claims paid to Admera by state Medicaid programs.

Admera is a New Jersey-based company that provides biopharmaceutical research services for healthcare institutions and provided clinical laboratory testing services to healthcare providers relating to pharmacogenetics until 2021. Pharmacogenetics analyzes how a patient’s genetic attributes affect their response to therapeutic drugs. The settlement announced today resolves allegations that, from Sept. 1, 2014, through May 21, 2021, Admera made commission-based payments to independent contractor marketers in return for recommending or arranging for the ordering of genetic testing services in violation of the AKS. The AKS prohibits offering or paying remuneration in return for arranging for or recommending items or services covered by Medicare and other federally funded programs.

“The law prohibits health care providers, including those that provide laboratory services, from paying kickbacks in the form of commissions to third parties as an inducement to generate business,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “The department is committed to holding accountable those who engage in kickback arrangements that undermine the integrity of federal healthcare programs.”

“By entering into kickback arrangements, health care companies can cause providers to make medical decisions that are motivated by financial gain rather than the patient’s best interest,” said U.S. Attorney Phillip A. Talbert for the Eastern District of California. “Our office is committed to ensuring the accountability of participants in the health care system who put their own financial needs ahead of patient welfare.”

“Kickbacks can negatively influence medical decision making and corrupt the legitimate doctor-patient relationship,” said Special Agent in Charge Steven J. Ryan of the Department of Health and Human Services Office of Inspector General (HHS-OIG). “This settlement demonstrates HHS-OIG’s commitment to identifying and holding accountable those who allegedly engage in unlawful financial relationships at the expense of Medicare patients and the taxpayer.”

As part of the settlement, Admera has admitted that it made millions of dollars of commission payments to independent-contractor marketers (the Marketers) to induce them to arrange for or recommend that healthcare providers order and refer clinical laboratory services to Admera, including genetic tests, that were reimbursable by Medicare and/or Medicaid, that it paid Marketers through arrangements that took into account the volume and value of genetic testing referrals, and that Admera was informed that the payment of commissions to independent contractors did not comply with the AKS but continued to enter into such contracts.

The civil settlement includes the resolution of claims brought under the qui tam or whistleblower provisions of the False Claims Act by relators, Sunil Wadhwa and Ken Newton, co-founders of Financial Halo LLC/MedXPrime, a former third-party marketer for Admera. Under those provisions, a private party can file an action on behalf of the United States and receive a portion of any recovery. The qui tam case is captioned U.S. ex rel. Wadhwa and Newton v. Admera Health, LLC et al (E.D. Cal.). Relators will receive $862,343 of the proceeds from the settlement.

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 Eastern District of California, with substantial assistance from HHS-OIG.

Trial Attorney Elizabeth J. Kappakas of the Civil Division’s Fraud Section and Assistant U.S. Attorney Colleen Kennedy for the Eastern District of California handled the matter.  

The investigation and resolution of this matter illustrates the government’s emphasis on combating health care fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse and mismanagement can be reported to HHS at 800-HHS-TIPS (800-447-8477).

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

Source: United States Department of Justice Criminal Division

Nineteen alleged members of a human smuggling organization were charged for coordinating the smuggling of dozens of unauthorized migrants into the United States from Mexico, mostly aboard personal watercraft via the Pacific Ocean. Nine of the 19 are in custody. A grand jury returned an indictment against 14 members of the organization, and a complaint was filed against an additional five.

“The Justice Department is committed to dismantling transnational human smuggling operations that prey on migrants and threaten our national security,” said Deputy Attorney General Lisa Monaco. “Nefarious organizations like the one charged in this case can expect to answer for their alleged crimes in American courtrooms.”

The nine arrested defendants have been arrested at ports of entry or elsewhere in San Diego during a multi-agency enforcement effort last week; the remaining defendants are fugitives. Federal agents served court-authorized search warrants at suspected stash houses in San Diego and Los Angeles. Among other things, agents seized over $100,000 in U.S. currency and two boxes of ammunition during the enforcement operations. Agents previously seized more than $120,000 during the investigation.

According to the indictment and complaint, the defendants participated in a long-running conspiracy to illegally bring people from Mexico into the United States by land and sea. The organization arranged for transport from Mexico by personal watercraft to coastal areas such as Sunset Cliffs, Bird Rock in La Jolla, and Imperial Beach, California, often at night and in dangerous conditions. Smugglers favor personal watercraft for their speed and ability to approach shore quickly, allowing rapid drop-offs and evasion of authorities.

The charging documents allege the defendants were also responsible for transporting the migrants further within the United States, whether driving themselves or coordinating with other drivers, including to Los Angeles; Santa Barbara, California; and Las Vegas. The organization allegedly charged between approximately $7,000 and $16,000 per smuggled person and transported tens of thousands of dollars in profits from San Diego to Mexico.

“Human smuggling cases are a top priority because lives are at stake,” said U.S. Attorney Tara McGrath for the Southern District of California. “Whether racing a jet ski up the coast without lifejackets or hauling a tractor trailer packed with people, smugglers expose vulnerable migrants to extreme danger and prioritize profit over human life.”

“Every aspect of human smuggling – whether it be by land, sea, or aircraft – puts lives at risk,” said Acting Special Agent in Charge Christopher Davis of Homeland Security Investigations (HSI) San Diego. “HSI and our partner agencies are committed to curbing this illegal activity that’s solely designed to enrich greedy smugglers’ financial pockets.”

“This indictment serves as notice to those transnational criminal organizations operating along our coastal border that it is only a matter of time before they are brought to justice,” said San Diego Sector Chief Border Patrol Agent Patricia McGurk-Daniel. “Our focus continues to be on protecting our nation, and we will leverage all available resources to hold these criminals accountable for their actions.”

Defendants Edgar Jiminez Macias, 33; Alex Ceja Guzman, 30, also known as Alejandro and Gordo; and Tobias Julian Burgara Gonzalez, 32, all of Tijuana, Mexico, and Junior Zavala Ramirez, 34, also known as JR, of Tecate, Mexico, are currently in custody. They are charged with conspiracy to bring in aliens for financial gain and bringing in aliens for financial gain and aiding and abetting. If convicted, they each face a mandatory minimum penalty of five years in prison and a maximum penalty of 15 years in prison and up to a $250,000 fine. Additional defendants Ivan Pulido Jauregui, 49; Manuel Gonzalez Lopez, 26, also known as Tortillero; Jesus Misael Molina Flores, 20; Alexis Adrian Villela Inda, 29; and Mateo Adrian Alduenda Gutierrez, 26, all of Nayarit, Mexico, are also in custody and are charged with conspiracy to bring in aliens for financial gain. If convicted, they each face a maximum penalty of five years in prison and up to a $250,000 fine.

The names of the remaining defendants have not been publicly released.

The HSI San Diego Marine Task Force, U.S. Border Patrol, and U.S. Coast Guard investigated the case.

Assistant U.S. Attorneys David Fawcett (who is detailed to Joint Task Force Alpha, a partnership between the Justice Department’s Criminal Division and the Department of Homeland Security), Peter Horn, and Lawrence Casper for the Southern District of California are prosecuting the case.

The prosecution is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.

These actions are also the result of coordinated efforts of Joint Task Force Alpha (JTFA). Attorney General Merrick B. Garland established JTFA in June 2021 to marshal the investigative and prosecutorial resources of the Justice Department, in partnership with the Department of Homeland Security (DHS), to combat the rise in prolific and dangerous human smuggling and trafficking groups operating in Mexico, Guatemala, El Salvador, and Honduras. JTFA comprises detailees from U.S. Attorneys’ Offices along the southwest border, including the Southern District of California, District of Arizona, District of New Mexico, and Western and Southern Districts of Texas. Dedicated support is provided by numerous components of the Justice Department’s Criminal Division, led by the Human Rights and Special Prosecutions Section, and supported by the Office of Prosecutorial Development, Assistance, and Training; Narcotic and Dangerous Drug Section; Money Laundering and Asset Recovery Section; Office of Enforcement Operations; Office of International Affairs; and Violent Crime and Racketeering Section. JTFA also relies on substantial law enforcement investment from DHS, the FBI, Drug Enforcement Administration, and other partners. To date, JTFA’s work has resulted in more than 310 domestic and international arrests of leaders, organizers, and significant facilitators of human smuggling; more than 250 U.S. convictions; more than 185 significant jail sentences imposed; and forfeitures of substantial assets.

An indictment or complaint are merely allegations. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

Source: United States Department of Justice Criminal Division

An indictment was unsealed today charging Ping Li, 59, of Wesley Chapel, Florida, with conspiring to act as an agent of the People’s Republic of China (PRC) without notification to the Attorney General and with acting as an agent of the PRC without notification to the Attorney General. If convicted, Li faces a maximum penalty of 15 years in prison. 

According to the court documents, the PRC’s Ministry of State Security (MSS) is in charge of civilian intelligence collection for the PRC. The MSS often uses “cooperative contacts” located in countries outside of the PRC in furtherance of their intelligence goals, which include obtaining information concerning foreign corporate or industrial matters, foreign politicians or intelligence officers and information concerning PRC political dissidents residing in those countries. These cooperative contacts assist the MSS in a variety of ways, including by conducting research on topics of interest to the PRC that can be used to further the MSS’ mission.

The indictment alleges that Li was a U.S. citizen who immigrated to the United States from the PRC. At various times, Li worked for a major U.S. telecommunications company and an international information technology company.

From as early as 2012, Li allegedly served as a cooperative contact working at the direction of officers of the MSS to obtain information of interest to the PRC government. Li obtained a wide variety information at the request of the MSS, including information concerning Chinese dissidents and pro-democracy advocates, members of the Falun Gong religious movement, and U.S.-based non-governmental organizations, and to report that information to the MSS. Li also provided the MSS with information obtained from his employer. Li used a variety of anonymous online accounts for the purpose of communicating with the MSS, and traveled to the PRC to meet with the MSS.

For example, according to the indictment, in August 2012, an MSS officer requested that Li provide information about practitioners of Falun Gong and pro-democracy advocates in the United States. Falun Gong, also known as Falun Dafa, is a religious movement that originated in the PRC in the 1990s. Falun Gong is not one of the five religions formally recognized by the PRC government, and it has been banned since 1999. Its adherents both in China and abroad are of particular interest to the PRC government because of Falun Gong’s advocacy of ideas deemed subversive to the PRC government. Less than a week after receiving this request, Li sent the name and biographical information of an individual affiliated with Falun Gong residing in St. Petersburg, Florida.       

In March 2015, an MSS officer requested information from Li about branch offices that Li’s employer, a major U.S. telecommunications company, had opened in the PRC. Li responded with the requested information three weeks later.          

In March 2017, an MSS officer requested a training instruction plan from Li. In April 2017, Li responded indicating that he had uploaded materials to an online account that he shared with the MSS officer and asked the MSS officer to delete the materials after reading them.         

In May 2021, an MSS officer requested information from Li concerning hacking events targeting U.S. companies, including a widely publicized hacking of a major U.S. company by the Chinese government. Within four days, Li responded with the requested information.      

In March 2022, an MSS officer requested from Li information concerning Li’s new employer, an international information technology company, as well as materials relating to cybersecurity training. That same day, Li sent the requested information about his employer as well as materials relating to cybersecurity training.          

In June 2022, an MSS officer requested from Li information concerning an individual who, according to the officer, had resided in the PRC but fled to the United States, and the name and suspected residential address in the United States of that individual. That same day, Li responded with information about the owners of that residential address.

Assistant Attorney General Matthew G. Olsen of the National Security Division, Executive Assistant Director Robert Wells of the FBI’s National Security Branch and U.S. Attorney Roger B. Handberg for the Middle District of Florida made the announcement.

The FBI is investigating the case.

Assistant U.S. Attorneys Daniel J. Marcet and Karyna Valdes for the Middle District of Florida and Trial Attorney Scott Claffee of the National Security Division’s Counterintelligence and Export Control Section are prosecuting the case.

An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.