Category: Security News

Source: United States Department of Justice Criminal Division

A Federal Bureau of Prisons (FBOP) lieutenant at U.S. Penitentiary (USP) McCreary, in Pine Knot, Kentucky, was indicted last week by a federal grand jury in London, Kentucky, for federal civil rights violations, including violating an individual’s rights under the color of law, falsifying records to impede an investigation, and witness tampering.

The indictment alleges that Zachary Toney, 33, while acting under color of law as a USP McCreary lieutenant, repeatedly kicked and struck a victim while the victim was on the ground and handcuffed behind his back, which caused bodily injury to the victim. The indictment further alleges that Toney then wrote a memorandum documenting a false account of his interactions with the victim intended to cover up the unlawful force that he had used against the victim, omitting that he repeatedly kicked and struck the victim and stating that there were no inmate injuries.

The indictment also alleges that Toney, while acting as a lieutenant, instructed three correction officers to write reports omitting the force that they had observed Toney using against the victim.

“The Justice Department’s mission is to protect the civil rights of all Americans, including those who are incarcerated,” said Deputy Attorney General Lisa Monaco. “As alleged, Lieutenant Zachary Toney assaulted a defenseless person in his custody then tried to cover up that misconduct by falsifying records and tampering with witnesses. These charges make clear we will hold accountable Federal Bureau of Prisons personnel who abuse their positions of authority.”

“Correctional officers have an obligation to respect the constitutional rights of the people in their custody and to report honestly on any misconduct,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Justice Department will continue to enforce those obligations in federal as well as state and local facilities.”

“We trust Federal Bureau of Prisons employees to foster a safe and humane environment for inmates to serve out their sentences. Instead, this indictment alleges that Toney violently assaulted a defenseless inmate and lied to cover it up,” said Inspector General Michael E. Horowitz of the Justice Department. “The Department of Justice Office of the Inspector General will continue to aggressively investigate any FBOP employee who allegedly violates the civil rights of an inmate in their custody and care.”

“Ensuring the safety and security of inmates in the custody of the government is critically important,” said U.S. Attorney Carlton S. Shier IV for the Eastern District of Kentucky. “We remain committed to ensuring that custody and care is in accordance with the law.”

If convicted, Toney faces a maximum penalty of 10 years in prison for the deprivation of rights charge and a maximum penalty of 20 years in prison for each count of the falsification of records charge and witness tampering charges. Upon any conviction, a federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

The Justice Department’s Office of the Inspector General and FBI investigated the case.

Assistant U.S. Attorney Zach Dembo for the Eastern District of Kentucky and Trial Attorney Tara Allison of the Justice Department’s Civil Rights Division are prosecuting the case.

FBOP is committed to rooting out misconduct within its ranks and working with law enforcement partners to prosecute violations of federal law. The numerous FBOP employees working diligently to ensure justice for the victims of misconduct are critical to the Department’s reform efforts.

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

Source: United States Department of Justice 2

The Justice Department, together with the Attorneys General of Maryland, Illinois, New Jersey, and New York, filed a civil antitrust lawsuit today to block UnitedHealth Group Incorporated (UnitedHealth)’s proposed $3.3 billion acquisition of rival home health and hospice services provider Amedisys Inc. (Amedisys). The complaint filed in the District of Maryland alleges that the transaction would eliminate competition between UnitedHealth and Amedisys (Defendants). Since UnitedHealth’s prior acquisition of Amedisys’s home health and hospice rival LHC Group Inc. (LHC) in 2023, Defendants have been two of the largest home health and hospice providers in the United States. Eliminating the competition between UnitedHealth and Amedisys would harm patients who receive home health and hospice services, insurers who contract for home health services, and nurses who provide home health and hospice services.

“We are challenging this merger because home health and hospice patients and their families experiencing some of the most difficult moments of their lives deserve affordable, high quality care options,” said Attorney General Merrick B. Garland. “The Justice Department will not hesitate to check unlawful consolidation and monopolization in the healthcare market that threatens to harm vulnerable patients, their families, and health care workers.”

“Millions of patients depend on United and Amedisys to receive home health and hospice care in the comfort of their homes,” said Principal Deputy Associate Attorney General Benjamin C. Mizer. “The Department’s lawsuit demonstrates our commitment to ensuring that consolidation does not threaten quality, affordability, or wages in these vital healthcare markets. I commend the staff of the Antitrust Division for their extraordinary work on this matter.”

“American healthcare is unwell. Unless this $3.3 billion transaction is stopped, UnitedHealth Group will further extend its grip to home health and hospice care, threatening seniors, their families and nurses,” said Assistant Attorney General Jonathan Kanter of the Justice Department’s Antitrust Division. “I want to thank my colleagues at the Antitrust Division for their tireless efforts to fight on behalf of Americans for a competitive economy.”

As described in the complaint, home health and hospice services constitute critically important parts of the American healthcare system. Home health care helps patients recover from hospitalization or receive continuing treatment for a chronic condition at home, while hospice provides comfort and support to terminally ill patients and their family members. Patients rely on the skill and expertise of home health and hospice nurses, who must effectively treat patients at home.

Today, Defendants are fierce competitors in the provision of home health and hospice services. According to the complaint, Amedisys’s former CEO and current Board Chairman, has acknowledged that the “pure competition” between UnitedHealth and Amedisys helps them “keep each other honest” and “driv[e] better and better quality” to the benefit of their patients. Further, the two companies view each other as close competitors for home health and hospice nurses. UnitedHealth’s proposed acquisition of Amedisys would eliminate that competition and threaten the benefits it provides. UnitedHealth’s market share after the transaction would make the merger presumptively illegal in:

• Hundreds of local home health care markets, with an annual volume of commerce exceeding $1.6 billion annually, in 23 states and the District of Columbia;
• Dozens of local hospice markets, with an annual volume of commerce exceeding $300 million annually, in 8 states; and
• Hundreds of local markets for home health and hospice nurse labor, employing at least 8,000 nurses, in 24 states.

To address some of the overlaps between UnitedHealth and Amedisys, UnitedHealth has proposed to divest certain facilities to VitalCaring Group (VitalCaring). But as the complaint alleges, the proposed divestiture does not alleviate harm in over 100 home health, hospice, and labor markets, which generate at least a billion dollars in revenue annually, serve at least 200,000 patients, and employ at least 4,000 nurses. As further alleged in the complaint, VitalCaring has lower quality scores than either UnitedHealth or Amedisys and is beset by financial challenges, including a potential legal judgment approaching a half-billion dollars. According to a Texas court, before becoming CEO of VitalCaring, its current CEO was running a competitor of VitalCaring while also running VitalCaring “from the shadows.”

The United States also seeks civil penalties against Amedisys for falsely certifying compliance with its obligations under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR Act). The complaint alleges that Amedisys violated the HSR Act because, at the time of its sworn certification, Amedisys failed to produce millions of documents or disclose the deletion of other documents. For each day that Amedisys was in violation of the HSR Act, the United States seeks a monetary penalty of up to $51,744, as authorized by statute.

UnitedHealth is a publicly traded Delaware corporation headquartered in Minnetonka, Minnesota. UnitedHealth is a vertically integrated insurer, healthcare provider, pharmacy benefit manager, and healthcare software and services vendor that brought in $372 billion in revenue in 2023. In 2022, before their company was acquired by UnitedHealth, LHC nurses and other healthcare professionals made approximately 12 million visits to patients in 37 states and the District of Columbia and earned over $2.3 billion in revenue.

Amedisys is a home health and hospice services provider and a publicly traded Delaware corporation headquartered in Baton Rouge, Louisiana. In 2023, Amedisys nurses and other healthcare professionals made 10.6 million visits to patients in 37 states and the District of Columbia, earning the company $2.2 billion in revenue.

Source: United States Department of Justice 2

Thank you for those kind words, Linda. I’m grateful to be here and feel privileged to have a chance to join you as we open an incredibly important conversation-one that has been far too long in coming.

I want to begin by thanking all our speakers and presenters. I know they will frame this discussion in deeply personal and poignant terms that will underscore the fierce urgency of this issue.

I would also like to thank Brent, Linda, and their team at the Office of Justice Programs (OJP) — as well as all our federal partners — for the work you’re doing, and the commitment you have made, to find justice for missing and murdered Black women and girls.

I know this audience needs no reminder of the devastating scale of this problem, but I think it’s worth laying out at the start exactly why we’re here and what we’re up against.

It begins with an acknowledgement of the disproportionate impact of violence in our country on Black women and girls. We know that Black women are murdered at rates far out of proportion to the rest of the American population. Research from Columbia University recently found that, from 2019 through 2020, Black women were six times more likely to be murdered than their white peers. Depending on the state, the ratio was as high as 20 to one.

Other research shows that Black women are also more than twice as likely as white women to be killed by intimate partners, and that Black women and girls go missing at rates well above their proportion of the population.

It’s painfully clear that something has gone deeply wrong. And it is critical that we take action to address the profound challenges facing Black women and girls.

At the Department of Justice, we understand that we must be part of the solution — and we are stepping up our efforts.

Through our Office on Violence Against Women, we are supporting a resource center focused on preventing and reducing homicides attributable to intimate partner violence, led by the Center for Justice Innovation, Esperanza United, and Ujima: The National Resource Center on Violence Against Women in the Black Community.

To find the missing, and to recover abducted children, we’re leveraging the National Missing and Unidentified Persons System, or NamUs, managed by our National Institute of Justice, as well as other resources from OJP – including BJA’s Ashanti Alert and OJJDP’s Amber Alert, to name a few.

Meanwhile our law enforcement divisions — the FBI and the U.S. Marshals Service — are redoubling their efforts to find and return missing persons. Most recently, the Marshals Service recovered over 200 missing children through Operation We Will Find You 2.

And our Civil Rights and Criminal Divisions are marshaling their resources to bringing justice for Black women and girls, including through the prosecution of human trafficking and cold cases.

You’ll hear more about this work later in the program. These actions are part of the Justice Department’s commitment to addressing violence against Black women and girls, and to combat violence affecting historically marginalized and underserved communities more broadly.

None of our work occurs in a vacuum. Only through the power of partnerships- like the ones represented in the room today — can we seek justice for missing and murdered Black women and girls and their families in our country.

This is a matter of equal justice, but it’s also a matter of basic human dignity. Through this work, we are honoring the lives of so many who deserve to be seen, found, and remembered.

We are grateful to all of you for telling their stories, and for your leadership in driving this work forward. We’re proud and humbled to join you.

Thank you for your time, and I wish you well in your discussions today.

Source: United States Department of Justice 2

Brandon Eye Associates P.A. (Brandon Eye), an ophthalmology practice with offices in Brandon, Sun City and Plant City, Florida, has agreed to pay $1.3 million to resolve alleged violations of the False Claims Act and an analogous Florida statute arising from its billing for trans-cranial doppler ultrasounds (TCDs) provided through a kickback arrangement with a third party. Brandon Eye has agreed to cooperate with the Justice Department’s investigations of other participants in the alleged scheme.

“The payment of kickbacks can bias medical decision making, result in unnecessary services, and drive up health care costs at the expense of the American taxpayers,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “Today’s settlement demonstrates that the Justice Department will continue to hold accountable those who enter into kickback arrangements that undermine the integrity of federal health care programs.”

The settlement announced today resolves allegations that Brandon Eye knowingly submitted, and caused the submission of, false claims for medically unnecessary TCDs performed on Brandon Eye’s patients. Brandon Eye and a third-party provider of turnkey mobile TCD services, through an agreement, performed TCDs on Brandon Eye patients who had been diagnosed with common health conditions such as diabetes, hypertension and glaucoma. Before the patient received the TCD result, Brandon Eye and the third-party provider identified the patients as having received a serious diagnosis — most commonly of occlusion and stenosis of their cerebral arteries — that could qualify the patient for reimbursement of a TCD by Medicare or Medicaid. However, nearly all patients who received TCDs never had occlusion and stenosis of cerebral arteries, and that diagnosis was accordingly not reflected in the patient’s medical history or in the TCD results. For each TCD ordered for each Medicare Part B patient, Brandon Eye claimed reimbursement for the technical component of the test, paid the third-party TCD provider based on the volume or value of tests ordered, and referred the patient to the TCD provider’s preferred radiology group for the TCD’s professional component.

The United States alleged that as a result of this scheme, Brandon Eye submitted, or caused the submission of, false claims to Medicare and Medicaid for TCDs that were medically unnecessary, that were premised on false diagnoses, and that resulted from violations of the Anti-Kickback Statute and the Stark Law. Of the $1.3 million total settlement amount, $1,210,245.70 is to be paid to the United States, and $89,754.30 is to be paid to the State of Florida for its share of Medicaid, which is a jointly funded federal and state program.

“This settlement demonstrates the continued commitment of the U.S. Attorney’s Office to investigate and hold responsible medical providers seeking reimbursement from federal health care programs for unnecessary medical tests at taxpayers’ expense,” said U.S. Attorney Roger Handberg for the Middle District of Florida. “We will continue to pursue these actions against providers who exploit federal health care programs for personal gain.”

“We are all victims when the Medicare and Medicaid systems taxpayers fund are cheated,” said Special Agent in Charge Matthew Fodor of the FBI Tampa Field Office. “This is why the FBI vigorously investigates alleged kickback schemes and false billing practices, because it is our mission to protect the American people.”

“Kickback arrangements meant to boost company profits can corrupt the legitimate medical decision-making process and undermine the integrity of federal healthcare programs,” said Special Agent in Charge Stephen Mahmood of the Department of Health and Human Services Office of Inspector General (HHS-OIG). “HHS-OIG and our law enforcement partners will continue to pursue allegations of improper billing and kickback schemes to protect both Medicare and Medicaid and those served by those programs.”

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 Middle District of Florida, with assistance from HHS-OIG and the FBI.

Trial Attorney Nelson Wagner of the Civil Division’s Commercial Litigation Branch, Fraud Section, and Assistant U.S. Attorney Mamie Wise for the Middle District of Florida handled the matter.

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).

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

Source: United States Department of Justice 2

A Federal Bureau of Prisons (FBOP) lieutenant at U.S. Penitentiary (USP) McCreary, in Pine Knot, Kentucky, was indicted last week by a federal grand jury in London, Kentucky, for federal civil rights violations, including violating an individual’s rights under the color of law, falsifying records to impede an investigation, and witness tampering.

The indictment alleges that Zachary Toney, 33, while acting under color of law as a USP McCreary lieutenant, repeatedly kicked and struck a victim while the victim was on the ground and handcuffed behind his back, which caused bodily injury to the victim. The indictment further alleges that Toney then wrote a memorandum documenting a false account of his interactions with the victim intended to cover up the unlawful force that he had used against the victim, omitting that he repeatedly kicked and struck the victim and stating that there were no inmate injuries.

The indictment also alleges that Toney, while acting as a lieutenant, instructed three correction officers to write reports omitting the force that they had observed Toney using against the victim.

“The Justice Department’s mission is to protect the civil rights of all Americans, including those who are incarcerated,” said Deputy Attorney General Lisa Monaco. “As alleged, Lieutenant Zachary Toney assaulted a defenseless person in his custody then tried to cover up that misconduct by falsifying records and tampering with witnesses. These charges make clear we will hold accountable Federal Bureau of Prisons personnel who abuse their positions of authority.”

“Correctional officers have an obligation to respect the constitutional rights of the people in their custody and to report honestly on any misconduct,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Justice Department will continue to enforce those obligations in federal as well as state and local facilities.”

“We trust Federal Bureau of Prisons employees to foster a safe and humane environment for inmates to serve out their sentences. Instead, this indictment alleges that Toney violently assaulted a defenseless inmate and lied to cover it up,” said Inspector General Michael E. Horowitz of the Justice Department. “The Department of Justice Office of the Inspector General will continue to aggressively investigate any FBOP employee who allegedly violates the civil rights of an inmate in their custody and care.”

“Ensuring the safety and security of inmates in the custody of the government is critically important,” said U.S. Attorney Carlton S. Shier IV for the Eastern District of Kentucky. “We remain committed to ensuring that custody and care is in accordance with the law.”

If convicted, Toney faces a maximum penalty of 10 years in prison for the deprivation of rights charge and a maximum penalty of 20 years in prison for each count of the falsification of records charge and witness tampering charges. Upon any conviction, a federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

The Justice Department’s Office of the Inspector General and FBI investigated the case.

Assistant U.S. Attorney Zach Dembo for the Eastern District of Kentucky and Trial Attorney Tara Allison of the Justice Department’s Civil Rights Division are prosecuting the case.

FBOP is committed to rooting out misconduct within its ranks and working with law enforcement partners to prosecute violations of federal law. The numerous FBOP employees working diligently to ensure justice for the victims of misconduct are critical to the Department’s reform efforts.

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