California Mobile Phlebotomy Lab and Its Owners to Pay $135,000 to Resolve Allegedly False Claims for Blood Testing Services and Travel Mileage

Source: United States Department of Justice Criminal Division

Veni-Express Inc. (Veni-Express), headquartered in California, and its owners Myrna and Sonny Steinbaum have agreed to pay at least $135,000 to resolve False Claims Act allegations that they submitted false claims for mobile phlebotomy services and associated travel mileage and paid kickbacks to a third-party marketer of these services, in violation of the Anti-Kickback Statute (AKS). Veni-Express has agreed to pay $100,000, plus additional amounts based on the sale of company property. Myrna Steinbaum has agreed to pay $25,000, and Sonny Steinbaum has agreed to pay $10,000. These settlements are based on their ability to pay.

The United States alleged that from 2015 to 2019, Veni-Express and the Steinbaums knowingly caused false or fraudulent claims to federal health care programs for mobile phlebotomy services and associated travel mileage. Specifically, with the Steinbaum’s oversight and approval, Veni-Express submitted false claims for venipuncture (blood draw) procedures that the company did not actually perform during homebound patient visits, and for travel mileage associated with these visits that was not reimbursable by Medicare. The United States further alleged that, from July 2014 to June 2015, Veni-Express paid unlawful kickbacks (in the form of a percentage of company revenue) to a third-party, Altera Laboratories also known as Med2U Healthcare LLC, for the marketing of Veni-Express’ services, in violation of the AKS.

“Health care providers that bill for services they did not provide or offer illegal incentives to increase profits will be held accountable,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “We will continue to safeguard federal health care programs against those who seek to abuse them.”

“Providers must not bill for services they did not perform. Further, the presence of unlawful kickbacks all too often corrupts medical judgment,” said U.S. Attorney Phillip A. Talbert for the Eastern District of California. “Our office is committed to investigating and holding accountable those who violate the False Claims Act and AKS to safeguard the public fisc and protect the integrity of our federal health care system.”

“Improper incentives and billing Medicare for services never actually provided divert taxpayer funding meant to pay for medically necessary services for Medicare enrollees,” said Special Agent in Charge Steven J. Ryan of the Department of Health and Human Services Office of the Inspector General (HHS-OIG). “HHS-OIG and our law enforcement partners remain committed to identifying and holding accountable those who engage in such unlawful relationships.”

The civil settlement resolves claims brought under the qui tam or whistleblower provisions of the False Claims Act by Banisha Evans, a former phlebotomist for another California provider, and Richard Drummond, a technical director at a Texas laboratory. Under those provisions, a private party can file an action on behalf of the United States for false claims and receive a portion of any recovery. The qui tam cases are captioned U.S. et al., ex rel. Evans v. PhlebXpress et al., No. 2:18-cv-2038 (EDCA) and U.S. ex rel. Drummond v. Veni-Express Inc., et al., No. 2:21-cv-1199 (EDCA).

The relators’ share of the settlement has not yet been determined.

The resolution obtained in this matter was the result of a coordinated effort between the Civil Division’s Commercial Litigation Branch, Fraud Section, the U.S. Attorney’s Office for the Eastern District of California and HHS-OIG.

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).

Trial Attorney Gary R. Dyal of the Civil Division’s Commercial Litigation Branch, Fraud Section, and Assistant U.S. Attorney Colleen Kennedy for the Eastern District of California handled the matter.

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

Settlement

Two South Carolina Men Plead Guilty to Hate Crimes, Conspiracy and Other Charges for Bias-Motivated Armed Robberies Targeting Hispanic Victims

Source: United States Department of Justice Criminal Division

Two South Carolina men pleaded guilty in U.S. District Court in Columbia, South Carolina, to federal hate crime and other charges in connection with a string of racially-motivated armed robberies targeting Hispanic victims.

According to court documents, beginning in January 2021 and continuing through February 2021, Charles Antonio Clippard, 27, and Michael Joseph Knox, 29, both of Columbia, conspired to target people the defendants identified as Mexican or Hispanic at places of public accommodation, including gas stations and grocery stores. After identifying these targets, the defendants would rob their victims at gunpoint. The defendants targeted their victims because of their victims’ race and national origin.

Both defendants admitted their involvement in a Jan. 22, 2021, armed robbery in which the defendants followed their victims from a grocery store and restaurant to their home and then robbed the victims at gunpoint, stealing cash and a cellphone. They also admitted their involvement in a Jan. 30, 2021, armed robbery and carjacking targeting a Hispanic victim after following him from a gas station to his home. The defendants admitted their involvement in another Jan. 30, 2021, armed robbery in which they targeted a Hispanic victim, followed him from a gas station to his home and then robbed him and others at gunpoint after following him into his home. In total, the defendants pleaded to three hate crime charges, one count of carjacking, one count of conspiracy and two firearms charges. Two other co-conspirators, Gabriel Brunson, 21, and Sierra Fletcher, 34, both of Columbia, previously pleaded guilty to hate crime, conspiracy and firearm offenses.

“These defendants targeted Hispanic victims for violent acts of armed robbery because of their race, national origin and perceived vulnerability,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Every person, regardless of their race or national origin, is entitled to the full protection of the law, and no person should have to fear for their lives or property because of their race or ethnicity.  The Justice Department will continue to protect all Americans and will vigorously prosecute those who commit bias-motivated crimes.”

“While these defendants sparked fear for an entire community by targeting members of our Hispanic community, today’s hearing sends a louder message: we will not tolerate bias-based crimes in South Carolina,” said U.S. Attorney Adair Ford Boroughs for the District of South Carolina. “The Justice Department will continue to relentlessly protect and enforce the civil rights of everyone in South Carolina.”

“These defendants used violent acts of armed robbery to purposely target Hispanic victims simply because of their race,” said Assistant Director Chad Yarbrough of the FBI Criminal Investigative Division. “We hope the guilty plea by these two defendants serves notice that violence borne from hate will never be tolerated in our communities. The FBI remains steadfast in its mission to uphold the Constitution and protect the civil rights of everyone, fairly and equally.”

“Clippard and Knox egregiously sought to exploit and intimidate their victims based on their Hispanic ethnicity,” said Special Agent in Charge Steve Jensen of the FBI Columbia Field Office. “Their violent robberies instilled fear in their victims and innocent working people within the Hispanic community. These criminal acts have no place in our society, and we are committed to ensuring the safety of all individuals, regardless of their background.”

The defendants face a mandatory minimum penalty of 14 years in prison for the firearms offenses, a maximum penalty of 10 years in prison on each hate crime count and a maximum penalty of 15 years in prison on the carjacking count. The plea agreements require both defendants to pay restitution to all victims. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

The FBI Columbia Field Office investigated the case, with assistance from the Bureau of Alcohol, Tobacco, Firearms and Explosives, Columbia Police Department, Town of Lexington Police Department and Richland County Sheriff’s Department.

Assistant U.S. Attorneys Ben Garner and E. Elizabeth Major for the District of South Carolina and Trial Attorneys Katherine McCallister and Andrew Manns of the Civil Rights Division’s Criminal Section are prosecuting the case.

Florida Woman Sentenced for Filing False Refund Claims

Source: United States Department of Justice Criminal Division

A Florida woman was sentenced today to one year and one day in prison, one year of supervised release and ordered to pay $485,290.03 in restitution to the United States for filing false tax returns with the IRS to obtain tax refunds.

According to court documents and statements made in court, between 2018 and 2020, Yolanda Dewar filed four false tax returns seeking a total of almost $2 million in tax refunds from the IRS on behalf of a trust she created. These returns falsely reported that the trust had earned significant income, made payments to the IRS and had federal income taxes withheld on its behalf. Dewar continued filing false returns even after the IRS notified her that her claims were frivolous and had no basis in law. In total, the IRS issued nearly $500,000 to the trust in response to Dewar’s false claims. Dewar used a portion of the funds to purchase a car for a family member, get plastic surgery and renovate her home.

Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and U.S. Attorney Markenzy Lapointe for the Southern District of Florida made the announcement.

IRS Criminal Investigation investigated the case.

Trial Attorneys Melissa S. Siskind and Kavitha Bondada of the Justice Department’s Tax Division and Assistant U.S. Attorney Deric Zacca for the Southern District of Florida prosecuted the case.

Kansas Tax Preparer Pleads Guilty to Filing False Returns for Clients

Source: United States Department of Justice Criminal Division

A Kansas man pleaded guilty yesterday to preparing and filing false income tax returns on behalf of his clients.

According to court documents and statements made in court, Hophine Bwosinde, of Lenexa, operated Ambroseli Professional Services, a tax preparation business. From 2018 through 2022, Bwosinde prepared and filed false tax returns on behalf of his clients by either inflating legitimate business expenses or by claiming losses related to fake businesses. In addition, Bwosinde falsely reported negative income on clients’ returns. These false items caused his clients to significantly underreport their income to the IRS, which reduced the amount of taxes the clients owed and generated refunds for many to which they were not entitled.

In total, Bwosinde caused a total tax loss exceeding $1.5 million.

A sentencing hearing will take place on Feb. 18, 2025. Bwosinde faces a maximum penalty of three years in prison. He also faces a period of supervised release, restitution and monetary penalties. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and U.S. Attorney Kate E. Brubacher for the District of Kansas made the announcement.

IRS Criminal Investigation is investigating the case.

Trial Attorney Erika V. Suhr of the Tax Division and Assistant U.S. Attorney Ryan Huschka for the District of Kansas are prosecuting the case.

Justice Department Announces Murder-For-Hire Charges Against Islamic Revolutionary Guard Corps Brigadier General and Former Intelligence Officer and Members of an Iranian Intelligence Network

Source: United States Department of Justice Criminal Division

Note: View the superseding indictment here

The Justice Department announced today the unsealing of a superseding indictment containing murder-for-hire, money-laundering, and sanctions evasion charges against Ruhollah Bazghandi, also known as Roohollah Azimi; Fnu Lnu, also known as Haj Taher, Haj Taher; Hossein Sedighi; and Seyed Mohammad Forouzan, all of Iran.

“The Justice Department has now charged eight individuals, including an Iranian military official, for their efforts to silence and kill a U.S. citizen because of her criticism of the Iranian regime,” said Attorney General Merrick B. Garland. “We will not tolerate efforts by an authoritarian regime like Iran to undermine the fundamental rights guaranteed to every American. Three of the defendants charged in this horrific plot are now in U.S. custody, and we will never stop working to identify, find, and bring to justice all those who endanger the safety of the American people.”

“Today’s indictment exposes the full extent of Iran’s plot to silence an American journalist for criticizing the Iranian regime,” said FBI Director Christopher Wray. “According to the charges, a brigadier general in the Islamic Revolutionary Guard Corps and a former Iranian intelligence officer, working with a network of conspirators, planned to kill a dissident living in New York City. The FBI’s investigation led to the disruption of this plot as one of the conspirators was allegedly on their way to murder the victim in New York. As these charges show, the FBI will work with our partners here and abroad to hold accountable those who target Americans.”

“Today’s indictment makes plain that the Iranian regime for years has been behind a violent campaign to stalk, intimidate, and arrange the killing of an American dissident on U.S. soil for bravely speaking up for the rights of the Iranian people,” said Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division. “The Department is committed to exposing and holding accountable those in Tehran who believe they can hide their hand in carrying out such reprehensible activities.”

“As alleged, for years, the Government of Iran has attempted to assassinate, on U.S. soil, a U.S. citizen of Iranian origin who is a prominent critic of the Iranian regime,” said U.S. Attorney Damian Williams for the Southern District of New York. “In January 2023, we unsealed charges alleging that members of an Eastern European crime group engaged in a plot to murder this victim. As we allege, that group was not acting alone. Today, we hold their Iranian masters to account, and allege that these Iran-based co-conspirators, including a Brigadier General in the Islamic Revolutionary Guard Corps, directed the murder plot. By charging these Iran-based defendants, we seek to strike another public blow at the heart of the Government of Iran’s efforts to execute the victim — as well as its lethal targeting, intimidation, and repression of other Iranian dissidents critical of the regime in the U.S. and abroad.”

As detailed in the superseding indictment, Bazghandi, Haj Taher, Sedighi, and Forouzan contracted members of an Eastern European criminal organization, including Rafat Amirov, also known as Farkhaddin Mirzoev, Pᴎᴍ,  and Rome; Polad Omarov, also known as Araz Aliyev, Polad Qaqa, and Haci Qaqa; and Zialat Mamedov, also known as Ziko, to murder a U.S. citizen of Iranian origin in New York City who has publicly opposed the Iranian government and who has previously been the target of similar plots by the Iranian government. Amirov, Omarov, and Mamedov previously were arrested on charges contained in underlying indictments. Amirov and Omarov are in custody in the United States, pending trial; Mamedov was extradited from the Czech Republic to the Republic of Georgia to face charges there. Bazghandi, Haj Taher, Sedighi, and Forouzan, all of whom are based in Iran, remain at large. The case is pending before U.S. District Judge Colleen McMahon for the Southern District of New York.

According to the allegations contained in the superseding indictment, other court filings, and statements made during court proceedings, Bazghandi, who resides in Iran, is an IRGC Brigadier General and has previously served as chief of an IRGC Intelligence Organization (IRGC-IO) counterintelligence office. In April 2023, the U.S. Secretary of State designated IRGC-IO as a Specially Designated Global Terrorist under Executive Order 14078, for hostage-taking and the wrongful detention of U.S. nationals abroad. On the same date, the Treasury Department sanctioned Bazghandi in connection with his involvement with the detention of foreign prisoners held in Iran. Bazghandi was designated by the Treasury Department a second time in June 2023, this time under Executive Order 13224, for his participation in IRGC-IO’s lethal targeting operations. Haj Taher, Sedighi, and Forouzan (collectively with Bazghandi, the Bazghandi Network), each of whom resides in Iran, also have connections to the Government of Iran.   

The Bazghandi Network contracted Amirov, Omarov, Mamedov, and Khalid Mehdiyev to murder, on U.S. soil, a victim residing in New York City. The victim is a journalist, author, and human rights activist who has publicized the Government of Iran’s human rights abuses and suppression of political expression, including in connection with continuing protests against the regime across Iran. As recently as 2020 and 2021, Iranian intelligence officials and assets plotted to kidnap the victim from within the United States for rendition to Iran in an effort to silence the victim’s criticism of the regime. That plot was disrupted and exposed by the FBI and led to the filing of federal kidnapping conspiracy and other charges in the Southern District of New York against several participants in the plot in United States v. Farahani, et al.

Since at least July 2022, the Bazghandi Network tasked members of the organization with assassinating the victim. The organization’s participation in the murder-for-hire plot was directed by Amirov, who resided in Iran and who was tasked with targeting the victim by individuals in Iran. On approximately July 13, 2022, Amirov forwarded targeting information — which Amirov had received from individuals in Iran — about the victim and the victim’s residence to Omarov. Omarov, in turn, together with Mamedov, directed and collaborated with Mehdiyev, who was residing in Yonkers, New York, to carry out the plot against the victim. Mehdiyev’s participation in the plot was disrupted when he was arrested near the victim’s home on or about July 28, 2022, while in possession of the assault rifle, along with 66 rounds of ammunition, approximately $1,100 in cash, and a black ski mask.

In January 2023, Amirov, Omarov, and Mamedov were arrested overseas. On Jan. 27, 2023, they were charged publicly for their roles in the plot to assassinate the victim. Nevertheless, in the months that followed, members of the Bazghandi Network continued to target the victim. For example, in or about March 2023, Haj Taher searched for information about the victim’s family members and Sedighi saved an image of the victim’s residence. As recently as on or about May 1, 2023, Bazghandi conducted an internet search, in Farsi, for, “a person in the house of [the victim] movie,” and, on the same date, watched a video with the title, “A video of the arrested gunman in front of [the victim]’s home in New York received by [the victim’s employer].”

Bazghandi, Haj Taher, Sedighi, and Forouzan, have been charged with murder-for-hire, which carries a maximum penalty of 10 years in prison; conspiracy to commit murder-for-hire, which carries a maximum penalty of 10 years in prison; conspiracy to commit money laundering, which carries a maximum penalty of 20 years in prison; and conspiring to violate the International Emergency Economic Powers Act and sanctions against the Government of Iran, which carries a maximum penalty of 20 years in prison.

Amirov, Omarov, and Mamedov  have also been charged with murder-for-hire, conspiracy to commit murder-for-hire, and conspiracy to commit money laundering. In addition, Amirov, Omarov, and Mamedov were charged with attempted murder in aid of racketeering, which carries a maximum penalty of 10 years in prison and possession and use of a firearm in connection with the attempted murder, which carries a maximum penalty of life in prison and a mandatory minimum penalty of five years in prison. If convicted, a federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

The FBI investigated the case. The Justice Department’s Office of International Affairs assisted with the extradition of Mamedov.

Assistant U.S. Attorneys Michael D. Lockard, Jacob H. Gutwillig, and Matthew J.C. Hellman for the Southern District of New York, Trial Attorneys Christopher Rigali and Leslie Esbrook of the National Security Division’s Counterintelligence and Export Control Section, and Trial Attorney Dmitriy Slavin of the National Security Division’s Counterterrorism Section are prosecuting the case.

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