Woman Sentenced for Fraud Scheme Involving Claims for Unnecessary Respiratory Tests Submitted with COVID-19 Tests

Source: United States Department of Justice

A California woman was sentenced today to nine years in prison for her role in fraudulently submitting claims to governmental and private insurance programs during the COVID‑19 pandemic for expensive respiratory pathogen panel (RPP) tests that were medically unnecessary and never ordered by health care providers.

According to court documents, Lourdes Navarro, 66, of Glendale, and Imran Shams owned and controlled Matias Clinical Laboratory, doing business as Health Care Providers Laboratory (HCPL). Navarro and Shams conspired to obtain nasal swab specimens that enabled HCPL to test for COVID-19, as well as to obtain testing orders from physicians and other medical professionals. The specimens were collected from, among others, residents and staff at nursing homes, assisted living facilities, rehabilitation facilities, and similar types of facilities, and from students and staff at primary and secondary schools, for the purported purpose of conducting screening tests to identify and isolate individuals infected with COVID-19. However, Navarro and Shams caused HCPL to perform RPP tests on most of the specimens, even though only COVID-19 testing had been ordered and there was no medical justification for conducting RPP tests on asymptomatic individuals who needed only COVID-19 screening tests. Through HCPL, Navarro and Shams billed approximately $369 million for the RPP tests to Medicare, the Health Resources and Services Administration COVID-19 Uninsured Program, and a private health insurance company, and were reimbursed approximately $46.7 million for fraudulent claims.

Navarro was also ordered to forfeit $11,662,939 in funds that the government had previously seized from three bank accounts. The total amount seized and forfeited from Navarro and Shams is $14,518,485. Navarro also was ordered to pay $46,735,400 in restitution.

Navarro pleaded guilty on Oct. 5, 2023, to conspiracy to commit health care fraud and wire fraud. Shams pleaded guilty on Jan. 24, 2023, in the Central District of California to conspiracy to commit health care fraud and concealment of his exclusion from Medicare and was sentenced to 10 years in prison on Jan. 30, 2024. In addition, on May 29, 2024, Shams was sentenced to five years in prison in connection with his 2017 plea in the Eastern District of New York to conspiracy to commit money laundering, conspiracy to pay and receive kickbacks, and defrauding the United States by obstructing the lawful functions of the IRS, of which three years were ordered to run consecutive to the Central District of California sentence.

Supervisory Official Antoinette T. Bacon of the Justice Department’s Criminal Division, Assistant Director in Charge Akil Davis of the FBI Los Angeles Field Office, and Acting Special Agent in Charge Rochelle Wong of the Department of Health and Human Services Office of Inspector General (HHS-OIG) Los Angeles Regional Office made the announcement.

The FBI and HHS-OIG investigated the case.

Trial Attorneys Gary A. Winters and Raymond E. Beckering III of the Criminal Division’s Fraud Section prosecuted the case. Assistant U.S. Attorney Maxwell Coll for the Central District of California handled the financial penalties.

The Justice Department’s COVID-19 Fraud Enforcement Task Force marshals the resources of the department in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The task force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the department’s response to the pandemic, visit www.justice.gov/coronavirus.

Former West Virginia Supervisory Correctional Officer Found Guilty Following Jury Trial on Conspiracy and Obstruction Charges

Source: United States Department of Justice

Following a four-day jury trial, Chad Lester, a former lieutenant at the Southern Regional Jail in Beaver, West Virginia, was found guilty yesterday of conspiracy, witness tampering, and giving false statements to the FBI. The charges arose out of a staff assault of an inmate named Quantez Burks, who later died from injuries he suffered during the assault. Seven correctional officers pleaded guilty in connection with the assault of Burks; several of those former officers testified against the defendant during the trial. The defendant faced charges related to his efforts to obstruct the investigation into the assault.

According to the evidence presented at trial, the defendant conspired with other officers at the Southern Regional Jail to tamper with witnesses to cover up the assault of Burks. The evidence showed the defendant directed a subordinate correctional officer to leave truthful information out of his report related to the circumstances of Burks’ death. The defendant directed another officer to include in his report false information about Burks. The defendant told a third officer that he would beat him if he discovered that the officer was providing information about the assault to investigators. Finally, the defendant provided false information relating to the assault of Burks to the FBI during an interview.

Lester is scheduled for sentencing on April 16 and faces a maximum penalty of 20 years in prison. A federal district court judge will determine any sentence based on the U.S. Sentencing Guidelines and other statutory factors.

The FBI Pittsburgh Field Office, Charleston Resident Agency, investigated the case.

Deputy Chief Christine M. Siscaretti and Trial Attorney Tenette Smith of the Justice Department’s Civil Rights Division prosecuted the case in partnership with the U.S. Attorney’s Office for the Southern District of West Virginia.

Defense News: Operation Southern Spear: Latest Development in Operationalizing Robotic and Autonomous Systems

Source: United States Navy

MAYPORT, Fla.  –  U.S. Naval Forces Southern Command/U.S. 4th Fleet is advancing the Navy’s Hybrid Fleet Campaign through Operation Southern Spear, which will start later this month in U.S. Southern Command Area of Responsibility (USSOUTHCOM AOR) and at U.S. 4th Fleet Headquarters at Naval Station Mayport.
 
“Southern Spear will operationalize a heterogeneous mix of Robotic and Autonomous Systems (RAS) to support the detection and monitoring of illicit trafficking while learning lessons for other theaters,” said Cmdr. Foster Edwards, 4th Fleet’s Hybrid Fleet Director. “Southern Spear will continue our (4th Fleet’s) move away from short-duration experimentation into long-duration operations that will help develop critical techniques and procedures in integrating RAS into the maritime environment.”
 
Specifically, Operation Southern Spear will deploy long-dwell robotic surface vessels, small robotic interceptor boats, and vertical take-off and landing robotic air vessels to the USSOUTHCOM AOR. 4th Fleet will operationalize these unmanned systems through integration with U.S. Coast Guard cutters at sea and operations centers at 4th Fleet and Joint Interagency Task Force South. Southern Spear’s results will help determine combinations of unmanned vehicles and manned forces needed to provide coordinated maritime domain awareness and conduct counternarcotics operations.
 
U.S. 4th Fleet is conducting Operation Southern Spear in support of our Navy’s Project 33 targets to operationalize RAS. Using RAS to increase presence in, and awareness of, strategically and economically important maritime regions will help decision-making, strengthen sovereignty, and facilitate regional cooperation.
 
“Operation Southern Spear is the next step in our Hybrid Fleet Campaign,” said Rear Adm. Carlos Sardiello, Commander, U.S. Naval Forces Southern Command/U.S. Fourth Fleet. “We look forward to the results of Southern Spear. Hybrid Fleet operations increase our collaboration with partners in the region while furthering the Navy’s tactics, techniques, procedures, and processes.”
 
U.S. Naval Forces Southern Command/U.S. 4th Fleet is the trusted maritime partner for Caribbean, Central and South America maritime forces leading to improved unity, security and stability.

Former Alabama Jail Administrator Charged with Federal Civil Rights Violation, Falsifying a Report and Making False Statements to Investigators

Source: United States Department of Justice Criminal Division

A federal grand jury in Montgomery, Alabama, returned an indictment yesterday charging former Crenshaw County Jail Administrator Christian Alexander Porter, 33, with assaulting a handcuffed and compliant inmate at Crenshaw County Jail. Porter was also charged with falsifying a report and making false statements to state and federal investigators.

The indictment alleges that, on or about Oct. 12, 2021, Porter used unreasonable force on a pre-trial detainee while acting under color of law in violation of the 14th Amendment and falsified a use of force report to cover up his assault of the victim. The indictment also charges Porter with making false statements to state and federal investigators on Nov. 18, 2021, and June 28, 2022, respectively.

Porter faces maximum penalties of 10 years in prison for the federal civil rights violation, 20 years in prison for falsifying the report and making false statements to state investigators, and five years in prison for making false statements to federal investigators. If convicted, a federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Acting Assistant Attorney General Kathleen Wolfe of the Justice Department’s Civil Rights Division, Acting U.S. Attorney Kevin P. Davidson for the Middle District of Alabama and Special Agent in Charge Paul Brown of the FBI Mobile Field Office made the announcement.

The FBI Mobile Field Office is investigating the case.

Assistant U.S. Attorney Eric Counts for the Middle District of Alabama and Trial Attorney Lia Rettammel of the Civil Rights Division 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.