Security News: Former West Virginia Corrections Officers Plead Guilty to Federal Civil Rights Charges in Connection with Death of Inmate

Source: United States Department of Justice 2

Two former corrections officers from the Southern Regional Jail in Beaver, West Virginia, pleaded guilty today for their respective roles in an assault that resulted in the death of an inmate, identified by the initials Q.B., on March 1, 2022. Ashley Toney and Jacob Boothe each pleaded guilty to violating inmate Q.B.’s civil rights by failing to intervene to protect Q.B. from being physically assaulted by other correctional officers.

According to their plea agreements, Toney and Boothe each acknowledged that they separately responded to a call for officer assistance after Q.B. tried to push past another correctional officer and leave his assigned pod. After Toney and Boothe arrived, officers restrained and handcuffed Q.B. Toney, Boothe and other officers then escorted Q.B. to an interview room, where Toney and Boothe watched as other officers struck and injured Q.B. while he was restrained, handcuffed and posed no threat to anyone. Toney and Boothe each admitted that officers struck and injured Q.B. in the interview room in order to punish him for attempting to leave his assigned pod. Toney and Boothe each further admitted that they each knew that officers could not use unreasonable force to punish inmates, including pretrial detainees, and that officers had a duty to intervene to stop other officers from using such unreasonable force.  

In her plea agreement, Toney further admitted knowing that the interview room to which officers brought Q.B. was a “blind spot” at the jail — meaning, there were no surveillance cameras to record what happened inside the room. Toney was aware that officers would bring inmates, including pretrial detainees, who had engaged in misconduct to “blind spots” in the jail, where the officers could use unreasonable force without video evidence that would result in accountability for the misconduct.

In addition, in plea documents, Toney admitted that to help officers escape liability, she knowingly provided false information during the ensuing investigation of Q.B.’s death. Toney also intentionally failed to report officers’ unreasonable use of force against Q.B. to state investigators inquiring into Q.B.’s injuries and death, and she conspired with officers to instruct fellow officers to give false information to investigators.

Toney and Boothe were among six former correctional officers indicted by a federal grand jury in November 2023. Trial for the remaining four defendants is scheduled for Oct. 8.

Two other defendants had separately pleaded guilty in connection with Q.B.’s death. On Nov. 2, 2023, former Southern Regional Jail officers Steven Nicholas Wimmer and Andrew Fleshman each pleaded guilty to conspiring with other officers to use unreasonable force against Q.B.

Toney and Boothe each pleaded guilty today before U.S. District Court Judge Joseph R. Goodwin. Sentencing hearings are scheduled for Nov. 4. According to their respective plea agreements, Toney and Boothe each face a maximum penalty of 10 years in prison and a fine of up to $250,000.

Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division, U.S. Attorney William S. Thompson for the Southern District of West Virginia and Special Agent in Charge Kevin P. Rojek of the FBI Pittsburgh Field Office made the announcement.

The FBI Pittsburgh Field Office is investigating the case.

Deputy Chief Christine M. Siscaretti and Trial Attorney Tenette Smith of the Justice Department’s Civil Rights Division and Deputy Criminal Chief Monica Coleman for the Southern District of West Virginia are prosecuting the case.

Security News: Southern California Dental Offices and Former Owners Pay $6.3M to Resolve False Claims Act Allegations Relating to Improper Paycheck Protection Program Loans

Source: United States Department of Justice 2

West Coast Dental Administrative Services LLC (formerly West Coast Dental Services Inc.), which operates a network of dental offices in Southern California, and its founders and former owners, Drs. Soleyman Cohen-Sedgh, Farid Pakravan and Farhad Manavi, have paid $6.3 million to resolve allegations that they knowingly violated the False Claims Act in connection with seven improper loans that West Coast Dental Services Inc. (West Coast Dental) and affiliated dental offices received under the Paycheck Protection Program (PPP). Additionally, City Real Estate Holdings Inc., a real estate investment company owned by Dr. Manavi, has paid an additional $35,149.82 to resolve its potential liability under the False Claims Act in connection with a separate PPP loan.

The PPP, an emergency loan program established by Congress in March 2020 under the Coronavirus Aid, Relief, and Economic Security (CARES) Act and administered by the Small Business Administration, was intended to support small businesses struggling to pay employees and other business expenses during the COVID-19 pandemic. Whether an applicant qualified for a PPP loan as a small business depended on various factors, including the type of business operated by the borrower and the number of employees of both the borrower and its corporate affiliates.  In 2021, Congress offered a second round of forgivable loans through the Economic Aid to Hard-Hit Small Businesses, Nonprofits and Venues Act.  Under PPP rules, second draw loans were strictly limited to businesses with 300 employees or less. When applying for PPP loans and loan forgiveness, borrowers were required to certify the truthfulness and accuracy of all information provided in their loan applications.

The United States alleged that West Coast Dental and six of its affiliated dental practices received seven improper second draw PPP loans and subsequent forgiveness of these loans based on false certifications that the companies qualified for the loans even though they were ineligible because the dental practices collectively employed more than 300 individuals. The United States further alleged that West Coast Dental and its affiliates failed to disclose common ownership of the affiliated dental offices in their separate PPP applications. The United States also alleged that City Real Estate Holdings Inc., which received a PPP loan, was ineligible to receive the loan under PPP rules, because it is a passive business operated for investment purposes.  City Real Estate Holdings Inc. sought and received forgiveness of its total loan amount.

“PPP loans were intended to support small businesses facing difficult economic times due to the COVID-19 pandemic,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “The Justice Department will continue to hold borrowers who improperly received and sought forgiveness of PPP loans accountable for their actions.”

“Companies such as these that depleted crucial pandemic-assistance funding will be held accountable under the False Claims Act,” said U.S. Attorney Martin Estrada for the Central District of California. “This resolution evidences our office’s earnest commitment to ensure that companies act with the utmost integrity and compunction.”

“This settlement sends a signal to wrongdoers that evidence of improper conduct will be brought to light,” said Special Agent in Charge Weston King for Small Business Administration’s Office of Inspector General (SBA OIG)’s Western Region. “Our office will remain relentless in the pursuit of those who seek to exploit SBA’s vital pandemic response programs. I want to thank the U.S. Department of Justice and our law enforcement partners for their exceptional efforts and collaboration in pursuit of justice.”

The civil settlement includes the resolution of claims brought under the qui tam or whistleblower provisions of the False Claims Act by Relator LLC, a limited liability corporation formed by California attorneys Anoush Hakimi and Peter Shahriari. Under those provisions, a private party can file an action on behalf of the United States and receive a portion of any recovery.  The qui tam case is captioned U.S. ex rel. Relator LLC v. West Coast Dental Services Inc., et al., CV 22-3812-MCS (MARx) (C.D. Cal.). Relator LLC will receive approximately $507,000 as its share of the total settlement.   

The resolution obtained in this matter was the result of a coordinated effort between the Justice Department’s Civil Division, Commercial Litigation Branch, Fraud Section, and the U.S. Attorney’s Office for the Central District of California, with assistance from the Small Business Administration’s Office of General Counsel and Office of the Inspector General.

Trial Attorney Allie Pang of the Civil Division’s Commercial Litigation Branch, Fraud Section, and Assistant U.S. Attorney Jack D. Ross for the Central District of California handled the matter, with the assistance of Paralegal Heather Beckler, Investigator Maria Marsh, and Auditor John Powers for the U.S. Attorney’s Office for the Central District of California. Special Agent Samuel Huynh of SBA-OIG also provided investigative assistance. 

On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Justice 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 actors committing civil and criminal fraud 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, please visit www.justice.gov/coronavirus.

Tips and complaints from all sources about potential fraud affecting COVID-19 government relief programs can be reported by visiting the webpage of the Civil Division’s Fraud Section, which can be found here. Anyone with information about allegations of attempted fraud involving COVID-19 can also report it by calling the Justice Department’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.

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

Security News: Four Men Charged in Philippine Bribery and Money Laundering Scheme

Source: United States Department of Justice 2

A federal grand jury in the Southern District of Florida returned an indictment today charging three executives of an election voting machine and service provider company and a former Chairman of the Commission on Elections (COMELEC) of the Republic of the Philippines for their roles in an alleged bribery and money laundering scheme to retain and obtain business related to the 2016 Philippine elections.

According to the indictment, between 2015 and 2018, Roger Alejandro Pinate Martinez, 49, a Venezuelan citizen and resident of Boca Raton, Florida, and Jorge Miguel Vasquez, 62, a U.S. citizen and resident of Davie, Florida, together with others, allegedly caused at least $1 million in bribes to be paid to Juan Andres Donato Bautista, 60, the former Chairman of COMELEC. These bribes were allegedly paid to obtain and retain business related to providing voting machines and election services for the 2016 Philippine elections and to secure payments on the contracts, including the release of value added tax payments.

The co-conspirators allegedly funded the bribes through a slush fund that was created by over-invoicing the cost per voting machine for the 2016 Philippine elections. To conceal and disguise the nature and purpose of the corrupt payments, the co-conspirators used coded language to refer to the slush fund and caused the creation of fraudulent contracts and sham loan agreements to justify transfers. The co-conspirators then allegedly laundered funds related to the bribery scheme through bank accounts located in Asia, Europe, and the United States, including in the Southern District of Florida.

Pinate and Vasquez are each charged with one count of conspiracy to violate the Foreign Corrupt Practices Act (FCPA) and one substantive violation of the FCPA. Bautista, Pinate, Vasquez, and Elie Moreno, 44, a dual citizen of Venezuela and Israel, are each charged with one count of conspiracy to commit money laundering and three counts of international laundering of monetary instruments. If convicted, Pinate and Vasquez each face a maximum penalty of five years in prison for the FCPA and conspiracy to violate the FCPA counts. Bautista, Pinate, Vasquez, and Moreno each face a maximum penalty of 20 years for each count of international laundering of monetary instruments and conspiracy to commit money laundering.

Principal Deputy Assistant Attorney General Nicole M. Argentieri, head of the Justice Department’s Criminal Division; U.S. Attorney Markenzy Lapointe for the Southern District of Florida; Special Agent in Charge Anthony Salisbury of Homeland Security Investigations (HSI) Miami; and Special Agent in Charge Matthew D. Line of IRS Criminal Investigation (IRS CI) Miami made the announcement.

HSI’s El Dorado Task Force Miami is investigating the case, with assistance from IRS CI Miami.

Trial Attorneys Michael DiLorenzo and Connor Mullin and Assistant Chief Alexander Kramer of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Robert Emery for the Southern District of Florida are prosecuting the case. The Justice Department’s Office of International Affairs and the Philippine Department of Justice and Office of the Ombudsman provided substantial assistance.

The Fraud Section is responsible for investigating and prosecuting FCPA and Foreign Extortion Prevention Act (FEPA) matters. Additional information about the Justice Department’s FCPA enforcement efforts can be found at www.justice.gov/criminal/fraud/fcpa.

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

Security News: Justice Department Disrupts North Korean Remote IT Worker Fraud Schemes Through Charges and Arrest of Nashville Facilitator

Source: United States Department of Justice 2

Matthew Isaac Knoot, 38, of Nashville, Tennessee, was arrested today for his efforts to generate revenue for the Democratic People’s Republic of Korea’s (DPRK or North Korea) illicit weapons program, which includes weapons of mass destruction (WMD).

The FBI, along with the Departments of State and Treasury, issued a May 2022 advisory to alert the international community, private sector, and public about the North Korea IT worker threat. Updated guidance was issued in October 2023 by the United States and the Republic of Korea (South Korea) and in May 2024 by the FBI, which include indicators to watch for that are consistent with the North Korea IT worker fraud and the use of U.S.-based laptop farms.

According to court documents, Knoot participated in a scheme to obtain remote employment with American and British companies for foreign information technology (IT) workers, who were actually North Korean actors. Knoot allegedly assisted them in using a stolen identity to pose as a U.S. citizen; hosted company laptops at his residences; downloaded and installed software without authorization on such laptops to facilitate access and perpetuate the deception; and conspired to launder payments for the remote IT work, including to accounts tied to North Korean and Chinese actors.

“As alleged, this defendant facilitated a scheme to deceive U.S. companies into hiring foreign remote IT workers who were paid hundreds of thousands of dollars in income funneled to the DPRK for its weapons program,” said Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division. “This indictment should serve as a stark warning to U.S. businesses that employ remote IT workers of the growing threat from the DPRK and the need to be vigilant in their hiring processes.”

“North Korea has dispatched thousands of highly skilled information technology workers around the world to dupe unwitting businesses and evade international sanctions so that it can continue to fund its dangerous weapons program,” said U.S. Attorney Henry C. Leventis for the Middle District of Tennessee. “Today’s indictment, charging the defendant with facilitating a complex, multi-year scheme that funneled hundreds of thousands of dollars to foreign actors, is the most recent example of our office’s commitment to protecting the United States’ national security interests.”

“As today’s charges demonstrate, the FBI will relentlessly pursue those who aid the North Korean government’s illegal efforts to generate revenue,” said Assistant Director Bryan Vorndran of the FBI’s Cyber Division. “Where illicit proceeds may be used to fund the regime’s kinetic capacity, we will prioritize our work to disrupt that flow of money. This indictment should demonstrate the risk faced by those who support the DPRK’s malicious cyber activity.”

The DPRK has dispatched thousands of skilled IT workers to live abroad, primarily in China and Russia, with the aim of deceiving U.S. and other businesses worldwide into hiring them as freelance IT workers to generate revenue for its WMD programs. DPRK IT worker schemes involve the use of pseudonymous email, social media, payment platform and online job site accounts, as well as false websites, proxy computers, and witting and unwitting third parties located in the United States and elsewhere. As described in a May 2022 tri-seal public service advisory released by the FBI, the Department of the Treasury, and the Department of State, such IT workers have been known to individually earn up to $300,000 annually, generating hundreds of millions of dollars collectively each year, on behalf of designated entities, such as the North Korean Ministry of Defense and others directly involved in the DPRK’s UN-prohibited WMD programs.

The indictment unsealed today in the Middle District of Tennessee alleges that Knoot participated in a scheme to assist overseas IT workers to obtain remote IT work at U.S. companies which believed that they were hiring U.S.-based personnel. The IT workers, who were North Korean nationals, used the stolen identity of a U.S. citizen, “Andrew M.,” to obtain this remote IT work. The scheme defrauded U.S. media, technology, and financial companies, ultimately causing them hundreds of thousands of dollars in damages.   

According to court documents, Knoot ran a “laptop farm” at his Nashville residences between approximately July 2022 and August 2023.  The victim companies shipped laptops addressed to “Andrew M.” to Knoot’s residences. Following receipt of the laptops, and without authorization, Knoot logged on to the laptops, downloaded and installed unauthorized remote desktop applications, and accessed the victim companies’ networks, causing damage to the computers. The remote desktop applications enabled the North Korean IT workers to work from locations in China, while appearing to the victim companies that “Andrew M.” was working from Knoot’s residences in Nashville. For his participation in the scheme, Knoot was paid a monthly fee for his services by a foreign-based facilitator who went by the name Yang Di. A court-authorized search of Knoot’s laptop farm was executed in early August 2023.

The overseas IT workers associated with Knoot’s cell were each paid over $250,000 for their work between approximately July 2022 and August 2023, much of which was falsely reported to the Internal Revenue Service and the Social Security Administration in the name of the actual U.S. person, Andrew M., whose identity was stolen. Knoot and his conspirators’ actions also caused the victim companies more than $500,000 in costs associated with auditing and remediating their devices, systems, and networks. Knoot, Di, and others conspired to commit money laundering by conducting financial transactions to receive payments from the victim companies, transfer those funds to Knoot and to accounts outside of the United States, in an attempt both to promote their unlawful activity and to hide that transferred funds were the proceeds of it.  The non-U.S. accounts include accounts associated with North Korean and Chinese actors.

Knoot is charged with conspiracy to cause damage to protected computers, conspiracy to launder monetary instruments, conspiracy to commit wire fraud, intentional damage to protected computers, aggravated identity theft and conspiracy to cause the unlawful employment of aliens. If convicted, Knoot faces a maximum penalty of 20 years in prison, including a mandatory minimum of two years in prison on the aggravated identity theft count.

Under the Department-wide “DPRK RevGen: Domestic Enabler Initiative,” launched in March 2024 by the National Security Division and the FBI’s Cyber and Counterintelligence Divisions, Department prosecutors and agents are prioritizing the identification and shuttering of U.S.-based “laptop farms” — locations hosting laptops provided by victim U.S. companies to individuals they believed were legitimate U.S.-based freelance IT workers — and the investigation and prosecution of individuals hosting them. Today’s announcement follows successful action taken by the Department in October 2023 and May 2024, which targeted identical and related conduct.

The FBI is investigating the case.

Assistant U.S. Attorney Josh Kurtzman for the Middle District of Tennessee and Trial Attorney Greg Nicosia of the National Security Division’s Cyber Section 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.

Security News: Two Iranian Nationals and One Pakistani National Indicted for Providing Material Support to Terrorists

Source: United States Department of Justice 2

Note: View the superseding indictment here

A superseding indictment was returned yesterday charging two Iranian citizens, brothers Shahab Mir’kazei (Shahab) and Yunus Mir’kazei (Yunis), and one Pakistani citizen, Muhammad Pahlawan, for conspiring to provide and providing material support to Iran’s weapons of mass destruction program resulting in death and conspiring to commit violence against maritime navigation and maritime transport involving weapons of mass destruction resulting in death. Pahlawan is currently awaiting trial, while Shahab and Yunus remain at large.

According to the court documents, Shahab and Yunus work for Iran’s Islamic Revolutionary Guard Corps. Pahlawan, is a Pakistani citizen who allegedly worked for the Mir’kazei brothers as the captain of a smuggling vessel known as a dhow, named the “Yunus,” which is owned by Shahab.

Pahlawan allegedly worked with Shahab to prepare the dhow for multiple smuggling voyages, and Shahab paid Pahlawan in Iranian Rials from a bank account in Shahab’s name. Pahlawan allegedly arranged to receive payments from Shahab and Yunus in Iran and distribute the money to his family and others.

On the night of Jan. 11, U.S. Central Command Navy forces operating from the USS LEWIS B. PULLER, including Navy SEALs and members of the U.S. Coast Guard, boarded the dhow off the coast of Somalia. Two Navy SEALs lost their lives during the interdiction.

As alleged, the U.S. boarding team encountered 14 individual mariners on the vessel, including Pahlawan. During a search of the dhow, the U.S. boarding team allegedly located and seized what is believed to be Iranian-made advanced conventional weaponry. Preliminary analysis of the advanced conventional weaponry indicates that it includes critical components for medium range ballistic missiles and anti-ship cruise missiles, including to include a warhead and propulsion and guidance components. The type of weaponry found aboard the dhow is allegedly consistent with the weaponry used by the Houthi rebel forces in recent attacks on merchant ships and U.S. military ships in the Red Sea and Gulf of Aden.

In addition to the charges described above, Pahlawan is charged with providing materially false information to U.S. Coast Guard officers during the boarding of the dhow regarding the vessel’s captain and witness intimidation for threatening one of the crewmembers on the dhow.  

If convicted, Pahlawan, Shahab and Yunus all face maximum penalties of life in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division, U.S. Attorney Jessica D. Aber for the Eastern District of Virginia and Executive Assistant Director Robert Wells of the FBI’s National Security Branch made the announcement.

Assistant U.S. Attorneys Troy A. Edwards Jr. and Gavin R. Tisdale for the Eastern District of Virginia and Trial Attorney Lesley Woods of the National Security Division’s Counterterrorism Section 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.