Month: October 2024

Source: United States Department of Justice

The Justice Department announced today that it has reached a settlement agreement with the Maryland Department of State Police (MDSP) to resolve the United States’ claims that MDSP’s hiring process for state troopers violates Title VII of the Civil Rights Act. Specifically, the United States alleges that MDSP uses a written test that discriminates against Black candidates and a physical fitness test that discriminates against female candidates. The agreement must still be approved by a federal judge.

Source: United States Department of Justice

The Justice Department announced today that it has reached a settlement agreement with the Maryland Department of State Police (MDSP) to resolve the United States’ claims that MDSP’s hiring process for state troopers violates Title VII of the Civil Rights Act. Specifically, the United States alleges that MDSP uses a written test that discriminates against Black candidates and a physical fitness test that discriminates against female candidates. The agreement must still be approved by a federal judge.

The settlement agreement resolves a civil pattern and practice investigation the Civil Rights Division opened on July 15, 2022. As part of the investigation, the division conducted an in-depth review of MDSP’s hiring practices, the composition of its sworn personnel, applicant data, and information received from the Maryland State Police, and concluded the State’s written and physical fitness tests do not meaningfully distinguish between applicants who can and cannot perform the position of Trooper. These tests also had the effect of disqualifying Black and female applicants from the hiring process at significantly disproportionate rates. The department thus concluded that these tests violate Title VII.

“Equal employment opportunities in law enforcement are not just a core civil right but essential to ensuring that those who serve reflect the rich racial and gender diversity of the communities they are sworn to protect,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The underrepresentation of Blacks and women in law enforcement undermines public safety and runs contrary to the principle of equal opportunity which is central in our job market. This agreement requires the Maryland Department of State Police to institute meaningful reforms, remove unlawful barriers in its hiring process, and provide restitution and relief to those already harmed, ensuring that all qualified applicants have a fair chance to serve. The Justice Department will continue working to ensure equal access to employment opportunities for all Americans.”

“This settlement agreement is a reflection of our continued mission to protect the civil rights of all Marylanders, including those of our sworn law enforcement officers,” said U.S. Attorney Erek L. Barron for the District of Maryland. “Law enforcement agencies have a responsibility to protect all citizens equally. We are pleased that MDSP is committed to ensuring that its hiring processes will not discriminate on the basis of race or gender.” 

The complaint, filed today in the District of Maryland, alleges that MDSP’s use of a written test called the Police Officer Selection Test (POST) disproportionately excludes Black candidates, and its use of a physical fitness test called the Functional Fitness Assessment Test (FFAT) disproportionately excludes female candidates, from employment as troopers. The United States alleges that MDSP’s uses of the POST and the FFAT are not job related or consistent with business necessity, and thus, violate Title VII.

Under the terms of the consent decree, MDSP will:

• Adopt written and physical fitness tests that do not discriminate in violation of Title VII;
• Provide data to the United States on the administration of the new tests to ensure compliance;
• Pay $2.75 million in back pay to applicants who were disqualified by MDSP’s use of the challenged tests; and
• Hire up to 25 applicants who were unfairly disqualified by those tests and who successfully complete MDSP’s new trooper screening and selection process.

Title VII is a federal statute that prohibits employment discrimination based on race, sex, color, national origin, and religion. Title VII prohibits not only intentional discrimination but also employment practices that result in a disparate impact on a protected group, unless such practices are job related and consistent with business necessity.

You can learn more about the contents of the agreement from this fact sheet and a statement from Assistant Attorney General Clarke here.

The full and fair enforcement of Title VII is a top priority of the Civil Rights Division. The Division has issued a new fact sheet on Combating Hiring Discrimination by Police and Fire Departments to help applicants for public safety jobs understand their Title VII rights to be free from discriminatory hiring processes. More information about the Civil Rights Division can be found at www.justice.gov/crt.

Senior Trial Attorneys Emily Given and Cheyenne N. Chambers of the Civil Rights Division’s Employment Litigation Section and Assistant U.S. Attorney Kimberly Phillips for the District of Maryland are handling this matter.

Source: United States Department of Justice

Former hospital chief executive officer (CEO) Jeffrey Madison, of Georgetown, Texas, has agreed to pay $5,343,630 to resolve allegations under the False Claims Act involving illegal payments to physicians for laboratory referrals in violation of the Anti-Kickback Statute. Madison also has agreed to cooperate with the Justice Department’s investigations of, and litigation against, other participants in the alleged schemes.

“The Justice Department will continue to pursue individuals — including C-suite executives — who commit health care fraud,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “Kickbacks to physicians from laboratories or other healthcare providers can undermine healthcare decision-making, subject patients to unnecessary medical services and waste taxpayer funds.”

The Anti-Kickback Statute prohibits offering, paying, soliciting or receiving remuneration to induce referrals of items or services covered by Medicare, Medicaid and other federally funded health care programs. The Anti-Kickback Statute is intended to ensure that medical providers’ judgments are not compromised by improper financial incentives and are instead based on the best interests of their patients.

The settlement announced today resolves allegations in a lawsuit alleging that Madison, the former CEO of Little River Healthcare (Little River), a critical access hospital in Rockdale, Texas, caused the submission of false claims for laboratory testing to Medicare, Medicaid and TRICARE from January 2015 to June 2018. Madison allegedly agreed to a kickback scheme in which Little River paid commissions to recruiters who used purported management service organizations (MSOs) to pay kickbacks to doctors to induce their laboratory testing referrals to Little River. The settlement resolves allegations that Madison knowingly signed, and caused others to sign, false certifications in Medicare cost reports regarding Little River’s compliance with the Anti-Kickback Statute, and thereby caused the submission of false claims to federal health care programs.

In addition, the settlement resolves allegations in the same lawsuit that, after defendant Doyce Cartrett Jr., M.D., of Silsbee, Texas, informed Little River of his potential laboratory testing referral volume, Madison agreed to have Little River pay Cartrett $2,000 per month in kickbacks disguised as purported medical director fees from February 2015 to May 2017, to induce Cartrett to shift his laboratory testing referrals to Little River. Madison allegedly agreed for Little River to pay the monthly fees, even though Little River did not receive any genuine medical director services from Dr. Cartrett.

Madison did not contest, and accepted responsibility for, the allegations against him in the United States’ amended complaint. Under the terms of the settlement agreement, Madison was excluded from participating in federal healthcare programs for 25 years. The lawsuit is captioned United States, et al. ex rel. STF LLC v. True Health Diagnostics LLC et al., No. 4:16-cv-547 (EDTX).

“Seeing past a corporate entity and holding individuals responsible for making the decisions to engage marketers to pay providers for their laboratory referrals is what justice requires,” said U.S. Attorney Damien M. Diggs for the Eastern District of Texas. “This settlement is a testament to our continued efforts to combat fraud against our federal healthcare programs and to hold accountable all participants who profited from knowingly violating the laws meant to guard against overutilization of medical services and protect the public fisc.”

“Illegal kickback payments, even when disguised as medical director fees, undermine and corrupt the medical decision-making process,” said Special Agent in Charge Jason E. Meadows of the Department of Health and Human Services Office of Inspector General (HHS-OIG). “Both the payer and recipient benefit from these schemes, but it is ultimately the taxpayers who foot the bill. HHS-OIG will continue collaborating with law enforcement and prosecutors to protect the Medicare trust fund that millions of Americans depend on.”

“Our nation’s uniformed military service members and their families should never have to question the integrity of their healthcare providers,” said Acting Special Agent in Charge Ryan Settle of the Department of Defense Office of Inspector General, Defense Criminal Investigative Service (DCIS), Southwest Field Office. “Medical decisions influenced by greed destroy the fundamental element of trust in patient care. This settlement reinforces the commitment the DCIS shares with our law enforcement partners and the Justice Department to pursue all available remedies against those who conspire to commit fraud against our Military Health System.”

The settlement was the result of a coordinated effort between the Civil Division’s Commercial Litigation Branch, Fraud Section, and the U.S. Attorney’s Office for the Eastern District of Texas, with assistance from HHS-OIG and DCIS. The United States has recovered over $52 million relating to conduct involving MSO kickbacks to health care providers, which includes recoveries from 46 physicians.

Trial Attorneys Christopher Terranova and Gavin Thole of the Civil Division’s Commercial Litigation Branch, Fraud Section, and Assistant U.S. Attorneys James Gillingham and Betty Young for the Eastern District of Texas handled the case.

The government’s pursuit 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 1-800-HHS-TIPS (800-447-8477).

Settlement

Source: United States Department of Justice Criminal Division

A dual citizen of Nigeria and the United Kingdom was sentenced yesterday to seven years in prison for his role in a multimillion-dollar business email compromise (BEC) scheme.

According to court documents, Oludayo Kolawole John Adeagbo, 45, conspired with others to participate in multiple cyber-enabled BEC schemes in an attempt to steal more than $3 million from victim entities in Texas, including local government entities, construction companies, and a Houston-area college. Adeagbo and conspirators also defrauded a North Carolina university of more than $1.9 million.

Adeagbo, also known as John Edwards and John Dayo, arrived in the United States in August 2022 after he was extradited from the United Kingdom to face criminal charges filed in Charlotte and in Houston. On April 8, Adeagbo pleaded guilty to one count each of wire fraud and conspiracy to commit wire fraud for his criminal conduct in both cases, following the transfer of the case in the U.S. District Court for the Southern District of Texas to the U.S. District Court for the Western District of North Carolina.

A BEC scheme, also referred to as “cyber-enabled financial fraud,” is a sophisticated scam that often targets individuals, employees, or businesses involved in financial transactions or that regularly perform wire transfer payments. Fraudsters are usually part of larger criminal networks operating in the United States and abroad.

There are many variations of BEC scams. Generally, the schemes involve perpetrators gaining unauthorized access to legitimate email accounts or creating email accounts that closely resemble those of individuals or employees associated with the targeted businesses or involved in business transactions with the victim businesses. The scammers then use the compromised or fake email accounts to send false wiring instructions to the targeted businesses or individuals, to dupe the victims into sending money to bank accounts controlled by perpetrators of the scheme. Generally, the money is quickly transferred to other accounts in the United States or overseas.

The North Carolina BEC Scheme

According to court documents and court proceedings, from Aug. 30, 2016, to Jan. 12, 2017, Adeagbo, his codefendant, Donald Ikenna Echeazu, 42, a dual citizen of Nigeria and the United Kingdom extradited to the United States, and others defrauded a North Carolina university (the University) of more than $1.9 million via a BEC scheme.

Court records show that Adeagbo and his co-conspirators obtained information about significant construction projects occurring throughout the United States, including an ongoing multi-million-dollar project at the victim University. To execute the scheme, Adeagbo, Echeazu, and others registered a domain name similar to that of the legitimate construction company in charge of the University’s project and created an email address that closely resembled that of an employee of the construction company. Using the fake email address, the fraudsters deceived and directed the University to wire a payment of more than $1.9 million to a bank account controlled by an individual working under the direction of Adeagbo and his co-conspirators. Upon receiving the payment, Adeagbo and his co-conspirators laundered the stolen proceeds through a series of financial transactions designed to conceal the fraud.

The Texas BEC Scheme

According to information contained in court documents, from November 2016 until July 2018, Adeagbo conspired with others to participate in multiple cyber-enabled business email compromises in an attempt to steal more than $3 million from victim entities in Texas, including local government entities, construction companies and a Houston-area college. As with the scheme in North Carolina, Adeagbo and his co-conspirators registered domain names that looked similar to legitimate companies. They then sent emails from those domains pretending to be employees at those companies to clients or customers of the companies they impersonated and deceived those customers into sending wire payments to bank accounts the co-conspirators controlled.

Adeagbo remains in federal custody. He will be transferred to the custody of the Federal Bureau of Prisons upon designation of a federal facility.

On May 16, 2023, Echeazu was sentenced to 18 months in prison followed by a year of supervised release and was ordered to pay $655,408.87 in restitution for his role in the conspiracy. 

As part of his sentence yesterday, Adeagbo was sentenced to one year of supervised release following his sentence of incarceration and ordered to pay $942,655.03 in restitution for his role in the schemes.

“Oludayo Adeagbo and his coconspirators perpetrated transnational cyber-enabled fraud schemes that targeted schools, government entities, and companies across the United States, and caused millions of dollars in losses,” said Principal Deputy Assistant Attorney General Nicole M. Argentieri, head of the Justice Department’s Criminal Division. “Adeagbo’s extradition, plea, and sentencing underscore the Criminal Division’s commitment to working with our law enforcement partners to pursue cybercriminals who target American victims, no matter where that pursuit leads. We are especially grateful to the Government of the United Kingdom for its assistance in this case.”

“Adeagbo ran a sophisticated 21st century cyber-criminal operation hiding behind fake email accounts and anonymous internet addresses to steal from the innocent, a crime as old as time itself,” said U.S. Attorney Alamdar S. Hamdani for the Southern District of Texas. “BEC scams have become an epidemic with individuals and businesses suffering debilitating financial losses, while eroding society’s trust in digital communications and undermining overall economic stability. That’s why prosecutors and agents in two jurisdictions worked tirelessly to identify Adeagbo and reach across the Atlantic to bring him to justice.” 

“BEC schemes, like the ones perpetrated by Adeagbo and his co-conspirators, are sophisticated and devastating crimes that target the trust businesses and institutions place in their daily operations,” said U.S. Attorney Dena J. King for the Western District of North Carolina. “By exploiting this trust, fraudsters steal millions of dollars from unsuspecting victims. This case demonstrates the commitment of my office and our law enforcement partners to pursue justice for those impacted by these schemes and to hold cybercriminals accountable, regardless of where they are operating from.”

“Oludayo Adeagbo thought he was pretty slick stealing other people’s money via this scam. His victims, however, strongly disagreed,” said Executive Assistant Director Michael Nordwall of the FBI. “Instead of enjoying the fruits of his illegal labors, Adeagbo will now be spending time in a federal prison. The BEC is one of the fastest growing and most costly scams and the only way to fight it is through cooperation, often international cooperation, and this case is a prime example of partnerships working.”

“Mr. Adeagbo’s multimillion-dollar BEC scheme inflicted substantial financial damage on trusted educational institutions, government municipalities, and innocent businesses within our community,” said Special Agent in Charge Douglas Williams of the FBI Houston Field Office. “In a world increasingly reliant on the digital landscape, yesterday’s sentencing serves as a powerful reminder that cybercrime has real consequences. FBI Houston will continue to investigate, attribute, and impose severe consequences on cyber criminals seeking to harm others through deceit and fraud.”

“As a North Carolina University planned for growth with a new construction project, Adeagbo worked on a scheme to defraud the school by stealing nearly two million dollars of its funding,” said Special Agent in Charge Robert M. DeWitt of the FBI Charlotte Field Office. “When he and his conspirators first committed this business email compromise more than seven years ago, they likely never expected to get caught. This federal prison sentence shows the FBI will do everything possible to find and hold international financial fraudsters accountable.”

The FBI’s Houston Cyber Task Force and Charlotte Field Office investigated the case with assistance from the FBI’s Cyber and Criminal Investigative Divisions. The United Kingdom’s National Crime Agency, Metropolitan Police Service, City of London Police, and Crown Prosecution Service also provided substantial assistance. The Justice Department’s Office of International Affairs helped secure the arrest and extradition.

Trial Attorney Brian Mund of the Criminal Division’s Computer Crime and Intellectual Property Section, Assistant U.S. Attorney Rodolfo Ramirez for the Southern District of Texas, and Assistant U.S. Attorney Graham Billings for the Western District of North Carolina prosecuted the case.

If you suspect you are a victim of a BEC scheme, you can file a complaint online with the FBI’s Internet Complaint Crime Complaint Center (IC3) at bec.ic3.gov. The IC3 staff reviews complaints to detect patterns or other indicators of significant criminal activity for potential criminal prosecution. The FBI provides a variety of resources relating to BEC scams through the IC3, which can be located at www.ic3.gov. For more information on BEC scams, visit www.fbi.gov/scams-and-safety/common-scams-and-crimes/business-email-compromise.

Source: United States Department of Justice Criminal Division

The Justice Department’s Civil Rights Division and U.S. Attorney’s Office for the District of New Jersey today filed a complaint against the State of New Jersey and joined with the State in filing a proposed consent decree to address findings of unconstitutional conditions at the New Jersey Veterans Memorial Homes (Veterans Homes) at Menlo Park and Paramus.

The proposed consent decree, which must still be approved by the court, would resolve the department’s claims that New Jersey violates the Constitution by failing to keep the residents of its Veterans Homes safe from harm and an unreasonable risk of harm. The proposed consent decree requires the state to meet specific standards of clinical care, to overhaul its infection control and emergency operations practices and to implement measures for improved leadership and accountability. The proposed consent decree also asks the court to appoint an independent monitor who will oversee and assess the state’s compliance with the terms of the proposed consent decree.

“Our veterans deserve to receive appropriate care, as required by law, and their families deserve to have confidence that their loved ones’ needs will be met,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “This agreement requires the state to deliver that care and have the oversight in place to provide families that confidence. The Justice Department will work diligently with the state to ensure the reforms are properly implemented.”

“Our veterans, who have sacrificed so much, should never have been subject to deficient care,” said U.S. Attorney Philip R. Sellinger for the District of New Jersey. “This consent decree provides a detailed roadmap and expert oversight to ensure they are protected, so that they and their families can rely on the Veterans Homes. We look forward to working with the state and the independent monitor to implement this decree and ensure that every resident of the Veterans Homes lives with the safety and dignity that they so richly deserve.”

The Civil Rights Division and the U.S. Attorney’s Office for the District of New Jersey initiated the investigation into the Veterans Homes in October 2020 under the Civil Rights of Institutionalized Persons Act (CRIPA). CRIPA authorizes the department to take action to address a pattern or practice of deprivation of federal rights of individuals in the custody of state or local governments.

In September 2023, the department notified the state that it found reasonable cause to believe the residents of the Veterans Homes at Menlo Park and Paramus face unreasonable harm and risk of harm due to inadequate infection control practices and inadequate medical care. The department also identified the remedial measures necessary to address those unlawful conditions. Specifically, the department concluded that the state failed to provide the residents of its Veterans Homes with conditions of reasonable care and safety, in violation of the 14th Amendment.

Additional information about the Civil Rights Division of the Justice Department is available on its website at www.justice.gov/crt. Additional information about the U.S. Attorney’s Office for the District of New Jersey is available at www.justice.gov/usao-nj/civil-rights-enforcement.