Category: Security News

Source: United States Department of Justice Criminal Division

A Florida man pleaded guilty on Monday to purchasing Medicare identification numbers and using those numbers to cause over $8.4 million of false and fraudulent claims to be submitted to Medicare.

Corey Alston, 47, of Fort Lauderdale, pleaded guilty to conspiring to defraud the United States and to illegally purchase Medicare beneficiary identification numbers in connection with a scheme to bill Medicare for COVID-19 test kits that were ineligible for reimbursement. According to court documents, Alston and his co-defendant, Latresia A. Wilson, conspired to unlawfully purchase Medicare beneficiary identification information (including Medicare Beneficiary Identification Numbers) and used that information to submit millions of dollars in claims to Medicare for COVID-19 test kits that the beneficiaries did not want or request.

Over the course of just seven months, from July 2022 through February 2023, Alston, Wilson, and others, through companies they owned and controlled, submitted over $8.4 million in false and fraudulent claims to Medicare that were ineligible for reimbursement. Medicare paid over $2.6 million based on the false and fraudulent claims. Alston personally earned over $2.3 million from the scheme.

Wilson previously pleaded guilty on June 10, 2024, to conspiracy to defraud the United States and to illegally purchase Medicare beneficiary identification. He is scheduled to be sentenced on May 15. Alston is scheduled to be sentenced on July 9. Alston and Wilson each face a maximum penalty of five years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Matthew R. Galeotti, Head of the Justice Department’s Criminal Division; U.S. Attorney Gregory W. Kehoe for the Middle District of Florida; Special Agent in Charge Matthew W. Fodor of the FBI Tampa Field Office; and Acting Special Agent in Charge Jesus Barranco of the Department of Health and Human Services Office of the Inspector General (HHS-OIG) made the announcement.

The FBI and HHS-OIG investigated the case.

Trial Attorneys Shane Butland and Keith Clouser and Senior Litigation Counsel Catherine Wagner of the National Rapid Response Strike Force of the Criminal Division’s Fraud Section are prosecuting the case. Acting Assistant Chief Justin Woodard assisted in charging the case.

The Fraud Section leads the Criminal Division’s efforts to combat health care fraud through the Health Care Fraud Strike Force Program. Since March 2007, this program, currently comprised of nine strike forces operating in 27 federal districts, has charged more than 5,800 defendants who collectively have billed federal health care programs and private insurers more than $30 billion. In addition, the Centers for Medicare & Medicaid Services, working in conjunction with the HHS-OIG, are taking steps to hold providers accountable for their involvement in health care fraud schemes. More information can be found at www.justice.gov/criminal-fraud/health-care-fraud-unit.

Source: United States Department of Justice Criminal Division

Yesterday, a federal court in Massachusetts entered a consent decree requiring SunSetter Products LP (SunSetter) to pay $9.25 million in civil penalties and implement and maintain a robust compliance program to prevent future illegal conduct, the Justice Department announced.

In a complaint filed April 6, 2023, the government alleged that SunSetter failed to timely report to the Consumer Product Safety Commission (CPSC) a defect affecting approximately 270,000 protective covers used with SunSetter retractable awnings. According to the complaint, removal of the defective awning cover could cause the retractable awning to unexpectedly spring open with enough force to knock over anyone in the awning’s path, putting consumers using ladders to access the awning at risk of death or serious injury. The complaint alleged that multiple consumers were injured, and one killed, as a result of this defect. The complaint alleged that SunSetter violated the Consumer Product Safety Act (CPSA) by failing to report the defect until 2017, despite being aware of consumer complaints as early as 2012 and completing its own simulation testing in 2015 that confirmed the safety hazard. SunSetter recalled the covers in August 2019.

“The failure to immediately report dangerous products puts consumers at unnecessary risk,” said Acting Assistant Attorney General Yaakov Roth of the Justice Department’s Civil Division. “The Department will continue to work with the CPSC to hold accountable companies that fail to follow the law.”

“This settlement makes clear that companies must prioritize consumer safety and comply with their legal obligations to report hazardous defects in a timely manner,” said U.S. Attorney Leah B. Foley for the District of Massachusetts. “SunSetter’s failure to do so had tragic consequences. We will continue to hold companies accountable when they put the public at risk by disregarding federal safety laws.”

“This consent decree is an important reminder of the affirmative obligation to report product hazards in a timely manner,” said Acting Chairman Peter A. Feldman of the Consumer Product Safety Commission. “I appreciate the work of CPSC staff and our partners at DOJ in resolving this matter and keeping American consumers safe.”

Trial Attorneys Brett Ruff and Nicole Frazer of the Civil Division’s Consumer Protection Branch and Assistant U.S. Attorney Anuj Khetarpal for the District of Massachusetts, with the assistance of Renee McCune of CPSC’s Office of the General Counsel and Amelia Hairston-Porter of CPSC’s Office of Compliance and Field Operations, are handling the case.

For more information about the enforcement efforts of the Consumer Protection Branch visit the Branch’s website at www.justice.gov/civil/consumer-protection-branch.

The claims resolved by the consent decree announced today are allegations only, and there has been no determination of liability.

Source: United States Department of Justice 2

Yesterday, a federal court in Massachusetts entered a consent decree requiring SunSetter Products LP (SunSetter) to pay $9.25 million in civil penalties and implement and maintain a robust compliance program to prevent future illegal conduct, the Justice Department announced.

In a complaint filed April 6, 2023, the government alleged that SunSetter failed to timely report to the Consumer Product Safety Commission (CPSC) a defect affecting approximately 270,000 protective covers used with SunSetter retractable awnings. According to the complaint, removal of the defective awning cover could cause the retractable awning to unexpectedly spring open with enough force to knock over anyone in the awning’s path, putting consumers using ladders to access the awning at risk of death or serious injury. The complaint alleged that multiple consumers were injured, and one killed, as a result of this defect. The complaint alleged that SunSetter violated the Consumer Product Safety Act (CPSA) by failing to report the defect until 2017, despite being aware of consumer complaints as early as 2012 and completing its own simulation testing in 2015 that confirmed the safety hazard. SunSetter recalled the covers in August 2019.

“The failure to immediately report dangerous products puts consumers at unnecessary risk,” said Acting Assistant Attorney General Yaakov Roth of the Justice Department’s Civil Division. “The Department will continue to work with the CPSC to hold accountable companies that fail to follow the law.”

“This settlement makes clear that companies must prioritize consumer safety and comply with their legal obligations to report hazardous defects in a timely manner,” said U.S. Attorney Leah B. Foley for the District of Massachusetts. “SunSetter’s failure to do so had tragic consequences. We will continue to hold companies accountable when they put the public at risk by disregarding federal safety laws.”

“This consent decree is an important reminder of the affirmative obligation to report product hazards in a timely manner,” said Acting Chairman Peter A. Feldman of the Consumer Product Safety Commission. “I appreciate the work of CPSC staff and our partners at DOJ in resolving this matter and keeping American consumers safe.”

Trial Attorneys Brett Ruff and Nicole Frazer of the Civil Division’s Consumer Protection Branch and Assistant U.S. Attorney Anuj Khetarpal for the District of Massachusetts, with the assistance of Renee McCune of CPSC’s Office of the General Counsel and Amelia Hairston-Porter of CPSC’s Office of Compliance and Field Operations, are handling the case.

For more information about the enforcement efforts of the Consumer Protection Branch visit the Branch’s website at www.justice.gov/civil/consumer-protection-branch.

The claims resolved by the consent decree announced today are allegations only, and there has been no determination of liability.

Source: United States Department of Justice Criminal Division

Three South Carolina men and one woman were sentenced on Feb. 3, March 13, and April 1, for violent crimes targeting Hispanics in Columbia, South Carolina. Charles Antonio Clippard, 27, was sentenced to 420 months in prison; Michael Joseph Knox, 29, was sentenced to 303 months in prison; Gabriel Brunson, 21, was sentenced to 100 months in prison; and Sierra Fletcher, 34, was sentenced to 200 months in prison.

All four defendants previously pleaded guilty to carjacking, conspiracy, firearms, and criminal civil rights charges in connection with the string of armed robberies. According to court documents, beginning in January 2021 and continuing through February 2021, the four defendants conspired to target Hispanic victims for armed robberies. The group would wait for their victims at gas stations and grocery stores and then follow them to their homes or other locations to rob their victims at gunpoint. All four defendants 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. In another series of robberies on Jan. 30, 2021, three members of the group carjacked one victim, and invaded the home of another group of victims. The group stole cash, cellphones, driver’s licenses, and credit cards from multiple victims.

Deputy Assistant Attorney General Mac Warner of the Justice Department’s Civil Rights Division; Acting U.S. Attorney Brook Andrews, and Acting Special Agent in Charge Reid Davis of the FBI Columbia Field Office made the announcement.

The FBI Columbia Field Office investigated the case.

Assistant U.S. Attorney Ben Garner for the District of South Carolina and Trial Attorneys Katherine McCallister and Andrew Manns of the Civil Rights Division’s Criminal Section prosecuted the case.

Source: United States Department of Justice

Today, a Federal Judge accepted a guilty plea to destruction of records in a federal investigation from a former employee of a contractor that provided operation and maintenance services to the U.S. Army Corps of Engineers for U.S. military installations in South Korea.

According to the information filed in the Western District of Texas, in or about July 2021, David Cruz, 37, deleted text messages with Hyuk Jin Kwon and Hyun Ki Shin. Kwon and Shin were separately charged ‌for fraud and conspiring to rig bids and fix prices on millions of dollars in maintenance and repair subcontracting work provided to the U.S. Army Corps of Engineers in South Korea and remain fugitives. At Kwon’s suggestion, Cruz deleted text messages after receiving a litigation hold notice from his employer requiring him not to destroy or delete communications. Cruz then covered up the deletion of those text messages after being specifically advised by his employer that there was an ongoing federal investigation.

In the deleted text messages, Cruz discussed with Kwon and Shin the need to get additional bids from their competitor to satisfy the U.S. Army Corps of Engineer’s competitive bidding requirements for subcontract work. Kwon had previously told Cruz that Cruz should contact him instead of requesting bids directly from Kwon’s competitors.

“The Procurement Collusion Strike Force’s commitment to safeguard taxpayer dollars from collusion and fraud is unwavering,” said Director Daniel Glad of the Justice Department’s Procurement Collusion Strike Force (PCSF). “The Antitrust Division will not hesitate to prosecute individuals who unlawfully impede our investigations by destroying or covering up evidence.”

“Bid rigging and other acts of fraud against the U.S. Army not only undermine the integrity of critical procurement efforts but also put our Soldiers at risk by providing them capabilities and services which do not meet the high standards necessary to maintain peak lethality,” said Special Agent in Charge Michael DeFamio of the Department of the Army Criminal Investigation Division (Army CID), Far East Field Office. “Army CID is grateful for the collaborative efforts of our federal partners at the FBI and the Department of Justice, and we will continue to identify, investigate, and hold accountable those who attempts to defraud the U.S. Government, regardless of where they are in the world.”

“The Department of Defense Office of Inspector General’s Defense Criminal Investigative Service (DCIS) is steadfast in its mission to protect taxpayer funds from fraud and collusion,” said Special Agent in Charge Stanley Newell of DCIS’ Transnational Field Office. “We are equally committed to relentlessly pursuing those who attempt to obstruct our investigations through the destruction or concealment of evidence.”

“Mr. Cruz knowingly destroyed records that were part of an ongoing criminal investigation and has now acknowledged his crime” said Assistant Director in Charge Akil Davis of the FBI Los Angeles Field Office. “The FBI is committed to holding accountable military contractors who flout the bidding process and intentionally destroy evidence of their guilt.”

Destruction of records in a federal investigation carries a maximum penalty of 20 years in prison and a $250,000 fine. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other relevant factors.

The Antitrust Division’s Washington Criminal Section, Army CID, DCIS, and the FBI investigated the case.

Assistant Chief Daniel E. Lipton and Trial Attorney Daniel P. Chung of the Antitrust Division prosecuted the case with assistance from Assistant U.S. Attorney Matthew B. Devlin for the Western District of Texas.

In November 2019, the Justice Department created the PCSF, a joint law enforcement effort to combat antitrust crimes and related fraudulent schemes that impact government procurement, grant and program funding at all levels of government — federal, state and local. To learn more about the PCSF, or to report information on bid rigging, price fixing, market allocation and other anticompetitive conduct related to government spending, go to www.justice.gov/procurement-collusion-strike-force. Anyone with information in connection with this investigation can contact the PCSF at the link listed above.