Month: October 2024

Source: United States Department of Justice Criminal Division

Remarks as Delivered

Thanks, Zach.

I am very happy to be here. I’m looking forward to meeting with the people around this table. These are the people who keep Rhode Island safe. These agents and deputies, assistants take the risks every single day.

I could not be more grateful for the partnerships reflected here. I’m interested in seeing additional facts and learning more about how this is working out here.

I am also grateful to have the chance to recognize the extraordinary work of your office. This office is the face of the Justice Department in Rhode Island. When people in this state look to what the Justice Department is doing, they look to this office. And I have been consistently impressed with the work that the office does.

That work, and the work of our federal, state, and local law enforcement partners, makes an enormous difference to protecting the people of Rhode Island.

Three-and-a-half years ago, the Justice Department launched an ambitious strategy to fight the sharp spike in violent crime that took place during the pandemic.

We focused our efforts on the most powerful tool we have, which is reflected right here: our partnerships with federal, state, and local law enforcement.

And then we fortified those partnerships with grants from our grant-making components and by bringing to bear the new technological tools we have that help us identify the principal drivers of violent crime: the repeat shooters, the crews and gangs that are causing the most mayhem in our communities.

Today, we know that work is paying off.

Statistics released by the FBI last week show an historic drop in homicides last year, and one of the lowest levels of violent crime in 50 years.

And statistics release by the FBI this week show that that trend is continuing. This update shows that violent crime has continued to decline considerably in the first half of 2024 compared to the same time last year — including a further 10% drop in violent crime and a 22% decline in murder.

But we know that progress in many communities is still uneven. And, of course, there is no level of violent crime that is acceptable.

That’s why the Justice Department is continuing to work with our partners here in Rhode Island to continue our fight against violent crime, disrupt drug trafficking and violent firearms traffickers, and keep communities in this state safe.

For this office, just two weeks ago, that meant announcing a partnership with ATF, and the cities of Pawtucket, Central Falls, and Woonsocket to use federal authorities to prosecute domestic abusers for gun crimes and keep firearms out of their hands.

In July, this office partnered with the FBI, the ATF, the Department’s National Security Division, four other U.S. Attorneys’ Offices, the Naval Criminal Investigative Service, and the Department of Homeland Security to secure the sentence of three men. Those men conspired, prepared, and trained to attack America’s power grid to advance their white supremacist plans.

That same month, this office worked with the U.S. Postal Inspection Service and members of the Rhode Island High Intensity Drug Trafficking Area Task Force to secure a 10-year sentence for the co-leader of a drug trafficking organization that imported more than 100 kilograms of cocaine into Rhode Island.

In June, this office charged two individuals in a murder-for-hire conspiracy targeting two federal prosecutors and a federal witness. No prosecutor should ever fear violence for doing his or her job, and no witness should ever fear violence for telling the truth. The Justice Department will prosecute these disturbing crimes whenever and wherever they occur.

Earlier this spring, working with the Rhode Island Drug Task Force, comprised of 11 federal, state, and local law enforcement agencies, this office secured a 10-year prison sentence for a man who led a fentanyl trafficking conspiracy that possessed and distributed enough fentanyl to create more than two million fatal doses.

And earlier this year, this office worked with ATF, the North Providence Police Department, and the Rhode Island state fire marshal’s office to charge a man who allegedly set multiple fires around the exterior of the Shiloh Gospel Temple, a predominantly Black church. We are grateful to the North Providence Police Department, whose swift action prevented catastrophic damage to the church.

In addition to using our investigative and prosecutorial capabilities, we are also committed to using our grantmaking capabilities to invest in public safety.

So far this year, the Department has awarded more than $23 million in grants to Rhode Island.

These funds will help law enforcement agencies in Rhode Island hire more officers, prevent and combat violent crime and drug trafficking, and improve services for survivors of domestic and dating violence, sexual assault, stalking, and other crimes.

We remain committed to providing our law enforcement and community partners with the resources they need to protect their communities.

These examples I have shared are just a snapshot of the extraordinary work that your office has done every day to protect people in Rhode Island and to fulfill the Justice Department’s mission to ensure the rule of law, to keep our communities safe, and to protect civil rights.

Just recently, the latter included the Department’s efforts to monitor compliance with federal voting rights laws in Pawtucket.

Last month, thanks to the work of this office and the Civil Rights Division, we announced that federal observers would be assigned to monitor the September 10 primary in Pawtucket for compliance with the Voting Rights Act.

This comes after a federal court approved a consent decree earlier this year to resolve the Department’s Voting Rights Act claims regarding the availability of election assistance and materials in Spanish for Spanish-speaking voters with limited English proficiency.

In the weeks ahead, the Department will release additional information about efforts to monitor for compliance with federal civil rights laws in elections in communities across the country. Additionally, guidance documents and other voting resources are available on the Justice Department’s website to explain your right to vote.

The right to vote is the cornerstone of our democracy. It is the right from which all other rights derive. There are many things up for debate in the United States. One of them is not the right to vote. That right must not be up for debate. The Justice Department will never stop working to ensure that every eligible voter can cast a ballot that counts.

I am very proud of the public servants who make up this office for the work that they do every single day to protect the rule of law, to keep our country safe, and to protect civil rights. And I am equally proud of the relationships that they have developed with the people around this table. Those partnerships are the essence of the way in which we keep our communities safe.

Thank you all very much. I now look forward to beginning our meeting.

Source: United States Department of Justice Criminal Division

Precision Toxicology, doing business as Precision Diagnostics, has agreed to pay $27 million to resolve alleged violations of the False Claims Act and similar state statutes for billing Medicare, Medicaid and other federal health care programs for medically unnecessary urine drug tests, and for providing free items to physicians who agreed to refer expensive laboratory testing business to Precision. Precision, headquartered in San Diego, is one of the nation’s largest urine drug testing laboratories.

“The Justice Department is committed to ensuring that laboratory tests are ordered based on each patient’s medical needs and not just to increase laboratory profits,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “We will not tolerate practices that unnecessarily increase the costs of federal health care programs and result in the misuse of taxpayer funds.”

In the settlement agreement, the United States alleged that Precision systematically billed federal health care programs for excessive and unnecessary urine drug testing from Jan. 1, 2013, through Dec. 31, 2022. In particular, the United States contended that Precision caused physicians to order excessive numbers of urine drug tests, in part through the promotion of “custom profiles,” which were, in effect, standing orders that caused physicians to order a large number of tests without an individualized assessment of each patient’s needs. This practice violated federal health care program rules limiting payment to services that are reasonable and medically necessary for the treatment and diagnosis of an individual patient’s illness or injury.

The United States also alleged that Precision’s provision of free point of care urine drug test cups to physicians — expressly conditioned on the physicians’ agreement to return the urine specimens to Precision for additional testing — violated the Anti-Kickback Statute. The Anti-Kickback Statute generally prohibits laboratories from giving physicians anything of value in exchange for referrals of tests.

“We aggressively pursue those who defraud these critical healthcare programs and take money meant for needy patients.  Taxpayers deserve nothing less, “ said U.S. Attorney Erek L. Barron for the District of Maryland.

“When laboratories ignore medical needs and increase testing for their own profits, the Department of Justice will act to protect the taxpayers and the integrity of our vital federal health programs,” said Acting U.S. Attorney Matthew Kirsch for the District of Colorado.

In connection with the False Claims Act settlement, Precision has also entered into a five-year Corporate Integrity Agreement (CIA) with the Department of Health and Human Services Office of Inspector General (HHS-OIG).

“Today’s settlement demonstrates that investigating violations of the False Claims Act is a top priority,” said Special Agent in Charge Maureen R. Dixon of HHS-OIG. “HHS-OIG will continue to work with the Department of Justice to ensure the integrity of federal health care programs.”

Of the settlement amount, $18.2 million will be paid to the United States and the remainder will be paid to the impacted states, including Maryland, Illinois, Minnesota, Virginia, Georgia and Colorado, for the states’ share of Medicaid.

The False Claims Act allegations resolved by this settlement were originally brought in three lawsuits filed by whistleblowers under the qui tam provisions of the False Claims Act, which allow private parties to bring suit on behalf of the government and to share in any recovery. Two of the cases are captioned United States and Maryland ex rel. Hudak v. Precision Toxicology LLC, ELH-18-1510 (DMD) and United States, Illinois and Minnesota ex rel. Buonauro v. Precision Diagnostics LLC et al., ELH-21-3231 (DMD). The third qui tam case against Precision, brought in the District of Colorado, remains partially sealed.

Under the Act, the United States can elect to intervene in an action filed by a whistleblower, as it did here in part. Bryce Hudak will receive $2,743,002 from the federal False Claims Act recovery.

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 resolution obtained in this matter was the result of a coordinated effort between federal and state partners lead by the Civil Division’s Commercial Litigation Branch, Fraud Section, along with the U.S. Attorneys’ Offices for the Districts of Maryland, Colorado and Connecticut; the Department of Health and Human Services Office of Inspector General and Office of the General Counsel; the Office of Personnel Management Office of Inspector General; the Department of Veteran’s Affairs Office of Inspector General; the Defense Criminal Investigative Service; the Maryland Office of Attorney General; and the National Association of Medicaid Fraud Control Units.

Attorneys Vanessa Reed and Vince Vaccarella of the Civil Division’s Fraud Section and Assistant U.S. Attorneys Roann Nichols for the District of Maryland, David Moskowitz for the District of Colorado and Rick Molot for the District of Connecticut handled the matter, with assistance from Assistant Attorneys General Raja Mishra of the State of Maryland, and Ian Garland of the State of Florida.

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

Settlement

Source: United States Department of Justice Criminal Division

The Justice Department announced today that it is awarding $4 billion to support public safety and community justice activities in the states and territories and in local and Tribal communities. The grants, from the Department’s Office of Justice Programs (OJP), will fund efforts across the country to reduce violence, expand services for crime victims and survivors, and improve outcomes for youth and adults involved in the criminal and juvenile justice systems.

“The Justice Department is working together with our law enforcement and community partners across the country to turn the tide in the fight against violent crime,” said Attorney General Merrick B. Garland. “This $4 billion investment across more than 3,800 different programs will advance our efforts to drive down violent crime, support victims, build trust between law enforcement and the communities we serve, and ensure that all Americans feel safe and are safe in their communities.”

The more than 3,800 fiscal year 2024 grants that OJP is awarding will support community-driven public safety efforts and evidence-informed interventions designed to curb violent crime, address victimization, reduce recidivism, and strengthen bonds of trust between law enforcement and the communities they serve. This funding continues the investments in community safety made by the Justice Department since the release of its Comprehensive Strategy for Reducing Violent Crime in 2021.

Last week, the White House and the Justice Department announced targeted investments to aid communities in reducing gun violence, a centerpiece of which is OJP’s Community Based Violence Intervention and Prevention Initiative. This initiative has now awarded more than $270 million to support community-led violence intervention programs and related training and technical assistance and research, funded in part through the Bipartisan Safer Communities Act.

“The Department of Justice is committed to supporting violence prevention efforts, increasing safety and wellness for law enforcement and the communities they serve, expanding services for victims, and enhancing our research and data collection capacity to advance effective community safety strategies,” said Principal Deputy Associate Attorney General Benjamin C. Mizer. “The grants announced today further our longstanding efforts to work with our state, local, and Tribal partners to advance community-based approaches to promoting safety and justice for all communities.”

The funding announced today will expand partnerships between the justice system and community-based organizations, support collaboration between law enforcement officials and behavioral health professionals when responding to crises, help people involved in the criminal and juvenile justice systems successfully return to their communities, provide trauma-informed services to victims and survivors of crime, including those in underserved areas, make available a full range of support for children and youth, improve registration and management practices for people convicted of sex offenses, and support research and statistical activities to expand the base of knowledge and available data about the nation’s community safety challenges for years to come.

“Over the last three-and-a-half years, we have been working closely with our justice system and community partners, as co-producers of safety and justice, to advance comprehensive solutions to the most pressing public safety challenges facing America’s communities,” said OJP Acting Assistant Attorney General Brent J. Cohen. “Today, we are proud to deliver billions of dollars in additional resources to promote community safety and create a more equitable justice system for all. I look forward to the progress we will continue to make, together, to achieve safer and more just communities.”

Grants will support five major community safety and justice priorities:

• Promoting safety and strengthening trust through both long-standing programs like Project Safe Neighborhoods and the Edward Byrne Memorial Justice Assistance Grants programs and more recent innovative efforts like the groundbreaking Community Based Violence Intervention and Prevention Initiative and the Byrne State Crisis Intervention Program. Funding will also support the well-being and safety of law enforcement and public safety professionals, promote rehabilitation and reentry success through initiatives like OJP’s Second Chance Act programs and address the rise in hate crimes across the country.
• Accelerating justice system reforms designed to achieve justice and fair treatment for all. Through programs like Reimagining Justice, funding will support alternative solutions to low-level offenses in historically underserved and marginalized communities, and efforts like the Justice and Mental Health Collaboration Program and the Connect and Protect initiative will increase opportunities for deflection and diversion and build pathways to treatment and other recovery support services for individuals with behavioral health conditions. Funding from the Comprehensive Opioid, Stimulant and Substance Use Program will improve prevention, harm reduction, treatment and recovery options to address the substance use and overdose challenges facing communities across America.
• Improving the fairness and effectiveness of the juvenile justice system by supporting developmentally appropriate and culturally responsive interventions for youth. Programs like the Building Local Continuums of Care to Support Youth Success initiative will help build an infrastructure of support for youth, from prevention and intervention to trauma-informed services and reentry. Funding will also support programs designed to protect children from violence and abuse, and support the new Children’s Justice Project to help identify children who have been found deceased but have not yet been identified.
• Expanding access to victim services by investing in programs that provide trauma-informed and culturally responsive services to victims and survivors. In addition to supporting thousands of local victim assistance and state victim compensation programs in every state and five territories, initiatives like the Trauma Recovery Center Demonstration Project and the Meeting the Basic Needs of Crime Victims in Underserved Communities Program will help bring services to survivors of violence in neighborhoods disproportionately impacted by violence and victimization. The Tribal Victim Services Set-Aside Program will fund healing and support services for victims and survivors in American Indian and Alaska Native communities.
• Advancing science and innovation to strengthen the base of knowledge that policymakers, practitioners and communities can use to design and deploy effective community safety strategies. Awards will support research and data collection on a wide range of public safety issues, from firearms violence and domestic radicalization to hate crimes and school safety. Funding will also help maintain timely and accurate criminal history records and improve the capacity of crime labs and forensic analysts to solve crimes, absolve the innocent and deliver justice to victims.

More information about the awards announced today can be found by visiting the OJP Grant Awards homepage.