Month: September 2024

Source: United States Department of Justice Criminal Division

A federal grand jury in Lafayette, Louisiana, returned an indictment today charging a Louisiana doctor for his role in a scheme to defraud Medicare of over $32.7 million by submitting claims for medically unnecessary definitive urine drug testing services.

According to court documents, Michael W. Dole, MD, 59, of Alexandria, owned and operated a pain management practice located in Alexandria, which had an in-house drug testing laboratory. From in or around January 2010 through July 2023, Dole allegedly billed Medicare over $32.7 million for definitive testing of routinely over 22 classes of drugs in urine specimens from nearly all his patients, despite a lack of documentation of use or suspicion of use of those drugs by the patients. It is alleged that Medicare subsequently reimbursed Dole over $11.7 million for the medically unnecessary urine drug testing claims, and Dole used the proceeds of the fraud on personal expenses.

Dole is charged with one count of conspiracy to commit health care fraud and five counts of health care fraud. If convicted, he faces a maximum penalty of 10 years in prison on each count.

Principal Deputy Assistant Attorney General Nicole M. Argentieri, head of the Justice Department’s Criminal Division; U.S. Attorney Brandon B. Brown for the Western District of Louisiana; Special Agent in Charge Jason E. Meadows of the Department of Health and Human Services Office of Inspector General (HHS-OIG); and Special Agent in Charge Lyonel Myrthil of the FBI New Orleans Field Office made the announcement.

HHS-OIG and the FBI New Orleans Field Office are investigating the case.

Trial Attorneys Samantha E. Usher and Kelly Z. Walters of the Criminal Division’s Fraud Section are prosecuting the case.

The Fraud Section leads the Criminal Division’s efforts to combat health care fraud through the Health Care Fraud Strike Force Program. Since March 2007, this program, currently comprised of nine strike forces operating in 27 federal districts, has charged more than 5,400 defendants who collectively have billed federal health care programs and private insurers more than $27 billion. In addition, the Centers for Medicare & Medicaid Services, working in conjunction with HHS-OIG, are taking steps to hold providers accountable for their involvement in health care fraud schemes. More information can be found at www.justice.gov/criminal-fraud/health-care-fraud-unit.

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

The Justice Department today announced an agreement with Hendricks County (the County), Indiana, to settle allegations that the County violated the Fair Housing Act (FHA) and Religious Land Use and Institutionalized Persons Act (RLUIPA) by twice unlawfully denying zoning approval to Al Hussnain Inc., an Islamic educational organization, seeking to develop a religious seminary, school and residential housing in Hendricks County.    

“Animus directed towards the Muslim community masked under the guise of an ordinary zoning restrictions violates the law and runs contrary to the principles of fairness and tolerance that are core in our democracy,” said Assistant Attorney General Kristen Clarke of the Civil Rights Division. “Federal law prohibits local governments from making zoning decisions about housing or religious land use on the basis of the religion of the developer or those whom they perceive might live at or worship at the development. The Justice Department will use its authority to stop discriminatory anti-Islamic conduct and hold local governments accountable.”      

“Discrimination on the basis of religion has no place in the Crossroads of America,” said U.S. Attorney Zachary A. Myers for the Southern District of Indiana. “This office will steadfastly defend the right of all persons to enjoy housing free from discrimination. This complaint and consent decree demonstrates the Justice Department’s commitment to ensuring that people of all faiths are not discriminated against by unlawful local government actions.”

The proposed consent decree, which was filed today in the U.S. District Court for the Southern District of Indiana and must still be approved by the court, resolves a lawsuit the United States also filed today. The complaint alleges that the County, facing significant community animus and opposition, denied Al Hussnain’s rezoning applications to develop a mixed-use community containing a residential neighborhood, community center, K-12 religious school, Islamic seminary and dormitories for seminary students at two different locations in the County, citing concerns that lacked a legitimate basis.

The complaint further alleges that Hendricks County repeatedly departed from its own zoning ordinances as well as the county’s processes and procedures for reviewing zoning applications and treated Al Hussnain’s application worse than similar applications brought by non-Muslim developers. The complaint alleges that the County engaged in a pattern or practice of unlawful discrimination and denied rights to a group of persons because of religion in violation of the FHA and imposed a substantial burden on the Islamic organization’s religious exercise, treated the organization on less than equal terms with nonreligious assemblies or institutions and discriminated against the organization on the basis of religion in violation of RLUIPA.  

The consent decree requires Hendricks County to pay monetary damages of $295,000 to Al Hussnain, Inc., a civil penalty of $5,000 to the United States, adopt Fair Housing and Religious Land Use policies, train its officials and employees on the requirements of RLUIPA and the FHA, and establish a procedure for receiving and resolving RLUIPA and FHA complaints.

The FHA prohibits discrimination by direct providers of housing, such as landlords and real estate companies as well as other entities, such as municipalities, banks or other lending institutions and homeowners’ insurance companies whose discriminatory practices make housing unavailable to persons because of race or color, religion, sex, national origin, familial status or disability. More information about the FHA can be found here.

RLUIPA is a federal law that protects religious institutions from unduly burdensome or discriminatory land use regulations. In June 2018, the Justice Department announced its Place to Worship Initiative, which focuses on RLUIPA’s provisions that protect the rights of houses of worship and other religious institutions to worship on their land. 

Individuals who believe they have been subjected to discrimination in land use or zoning decisions may contact the U.S. Attorney’s Office Civil Rights Unit at USAINS-CivilRights@usdoj.gov or the Civil Rights Division Housing and Civil Enforcement Section at (800) 896-7743, or through the complaint portal on the Place to Worship Initiative website.

Source: United States Department of Justice Criminal Division

Note: View the affidavit here.

The Justice Department today announced a court-authorized law enforcement operation that disrupted a botnet consisting of more than 200,000 consumer devices in the United States and worldwide. As described in court documents unsealed in the Western District of Pennsylvania, the botnet devices were infected by People’s Republic of China (PRC) state-sponsored hackers working for Integrity Technology Group, a company based in Beijing, and known to the private sector as “Flax Typhoon.”

The botnet malware infected numerous types of consumer devices, including small-office/home-office (SOHO) routers, internet protocol (IP) cameras, digital video recorders (DVRs), and network-attached storage (NAS) devices. The malware connected these thousands of infected devices into a botnet, controlled by Integrity Technology Group, which was used to conduct malicious cyber activity disguised as routine internet traffic from the infected consumer devices. The court-authorized operation took control of the hackers’ computer infrastructure and, among other steps, sent disabling commands through that infrastructure to the malware on the infected devices. During the course of the operation, there was an attempt to interfere with the FBI’s remediation efforts through a distributed denial-of-service (DDoS) attack targeting the operational infrastructure that the FBI was utilizing to effectuate the court’s orders. That attack was ultimately unsuccessful in preventing the FBI’s disruption of the botnet.

“The Justice Department is zeroing in on the Chinese government backed hacking groups that target the devices of innocent Americans and pose a serious threat to our national security,” said Attorney General Merrick B. Garland. “As we did earlier this year, the Justice Department has again destroyed a botnet used by PRC-backed hackers to infiltrate consumer devices here in the United States and around the world. We will continue to aggressively counter the threat that China’s state- sponsored hacking groups pose to the American people.”

“Our takedown of this state-sponsored botnet reflects the Department’s all-tools approach to disrupting cyber criminals. This network, managed by a PRC government contractor, hijacked hundreds of thousands of private routers, cameras, and other consumer devices to create a malicious system for the PRC to exploit,” said Deputy Attorney General Lisa Monaco. “Today should serve as a warning to cybercriminals preying on Americans – if you continue to come for us, we will come for you.”

“This dynamic operation demonstrates, once again, the Justice Department’s resolve in countering the threats posed by PRC state-sponsored hackers,” said Assistant Attorney General Matthew G. Olsen of the National Security Division. “For the second time this year, we have disrupted a botnet used by PRC proxies to conceal their efforts to hack into networks in the U.S. and around the world to steal information and hold our infrastructure at risk. Our message to these hackers is clear: if you build it, we will bust it.”

“The disruption of this worldwide botnet is part of the FBI’s commitment to using technical operations to help protect victims, expose publicly the scope of these criminal hacking campaigns, and to use the adversary’s tools against them to remove malicious infrastructure from the virtual battlefield,” said FBI Deputy Director Paul Abbate. “The FBI’s unique legal authorities allowed it to lead an international operation with partners that collectively disconnected this botnet from its China-based hackers at Integrity Technology Group.”

“The targeted hacking of hundreds of thousands of innocent victims in the United States and around the world shows the breadth and aggressiveness of PRC state-sponsored hackers,” said U.S. Attorney Eric G. Olshan for the Western District of Pennsylvania. “This court-authorized operation disrupted a sophisticated botnet designed to steal sensitive information and launch disruptive cyber attacks. We will continue to work with our partners inside and outside government, using every tool at our disposal, to defend and maintain global cybersecurity.”

“The FBI’s investigation revealed that a publicly-traded, China-based company is openly selling its customers the ability to hack into and control thousands of consumer devices worldwide. This operation sends a clear message to the PRC that the United States will not tolerate this shameless criminal conduct,” said Special Agent in Charge Stacey Moy of the FBI San Diego Field Office.

According to the court documents, the botnet was developed and controlled by Integrity Technology Group, a publicly-traded company headquartered in Beijing. The company built an online application allowing its customers to log in and control specified infected victim devices, including with a menu of malicious cyber commands using a tool called “vulnerability-arsenal.” The online application was prominently labelled “KRLab,” one of the main public brands used by Integrity Technology Group.

The FBI assesses that Integrity Technology Group, in addition to developing and controlling the botnet, is responsible for computer intrusion activities attributed to China-based hackers known by the private sector as “Flax Typhoon.” Microsoft Threat Intelligence described Flax Typhoon as nation-state actors based out of China, active since 2021, who have targeted government agencies and education, critical manufacturing, and information technology organizations in Taiwan, and elsewhere. The FBI’s investigation has corroborated Microsoft’s conclusions, finding that Flax Typhoon has successfully attacked multiple U.S. and foreign corporations, universities, government agencies, telecommunications providers, and media organizations.

A cybersecurity advisory describing Integrity Technology Group tactics, techniques and procedures was also published today by the FBI, the National Security Agency, U.S. Cyber Command’s Cyber National Mission Force, and partner agencies in Australia, Canada, New Zealand and the United Kingdom. 

The government’s malware disabling commands, which interacted with the malware’s native functionality, were extensively tested prior to the operation. As expected, the operation did not affect the legitimate functions of, or collect content information from, the infected devices. The FBI is providing notice to U.S. owners of devices that were affected by this court-authorized operation. The FBI is contacting those victims through their internet service provider, who will provide notice to their customers.

The FBI’s San Diego Field Office and Cyber Division, the U.S. Attorney’s Office for the Western District of Pennsylvania, and the National Security Cyber Section of the Justice Department’s National Security Division led the domestic disruption effort. Assistance was also provided by the Criminal Division’s Computer Crime and Intellectual Property Section. These efforts would not have been successful without the collaboration of partners, including French authorities, and Lumen Technologies’ threat intelligence group, Black Lotus Labs, which first identified and described this botnet, which it named Raptor Train, in July 2023.

If you believe you have a compromised computer or device, please visit the FBI’s Internet Crime Complaint Center (IC3) or report online to CISA. You may also contact your local FBI field office directly.

The FBI continues to investigate Integrity Technology Group’s and Flax Typhoon’s computer intrusion activities.

Source: United States Department of Justice Criminal Division

Attorney General Merrick Garland has appointed two Acting U.S. Trustees, the Executive Office for U.S. Trustees announced today. Under 28 U.S.C. § 585(a), the Attorney General may fill U.S. Trustee vacancies by appointing an Acting U.S. Trustee. 

Jonas V. Anderson has been appointed as the Acting U.S. Trustee for Alaska, Idaho, Montana, Oregon and Washington (Region 18). Anderson replaces Gregory M. Garvin, who has been appointed as the Acting U.S. Trustee for Colorado, Utah and Wyoming (Region 19). Garvin replaces Patrick S. Layng, who is retiring after 36 years of service to the Justice Department, including the last 10 years as the interim U.S. Trustee for Region 19.

The appointments of Anderson and Garvin are effective Sept. 28.

Anderson joined the U.S. Trustee Program (USTP) in 2010 as a trial attorney in the Las Vegas office through the Attorney General’s Honors Program after clerking for Judge Deanell Reece Tacha of the U.S. Court of Appeals for the Tenth Circuit. Anderson has served as the Assistant U.S. Trustee in charge of the USTP’s Eugene, Oregon, office since 2016, and for two years he served as the Acting Assistant U.S. Trustee of the Portland, Oregon, office. He received his Juris Doctor and Master of Legal Letters degrees from Duke University School of Law, a master’s degree from Yale University and a bachelor’s degree magna cum laude from Brigham Young University.

After seven years as the Acting U.S. Trustee in Region 18, Garvin will transition to a similar role in Region 19, where he has already been serving as the Assistant U.S. Trustee for the Denver field office since 2008. Before joining the USTP, Garvin was in private practice in the Kansas City area for 17 years focusing on commercial litigation and bankruptcy matters, including representing debtors in chapter 7 and 13 as well as individuals, small businesses and creditors in chapter 11. He received his bachelor’s degree and his law degree from the University of Kansas.

The USTP’s mission is to promote the integrity and efficiency of the bankruptcy system for the benefit of all stakeholders — debtors, creditors and the public. The USTP consists of 21 regions with 89 field offices nationwide and an Executive Office in Washington, D.C. Learn more about the USTP at www.justice.gov/ust.