Category: US Department of Justice

Source: United States Department of Justice Criminal Division

Gerald Congdon, M.D., of Pawleys Island, South Carolina; Gbenga Aluko, M.D., of Charlotte, North Carolina; and Anup Banerjee, M.D., of Gastonia, North Carolina, and their medical practices; as well as Curis Healthcare Inc., of Chicago, Illinois, Omar Hussain, of South Miami, Florida, and Saeed Medical Group Ltd. doing business as Alliance Immediate and Primary Care of Chicago, Illinois, agreed to pay a total of $1,913,808 to resolve alleged False Claims Act violations arising from their involvement in laboratory kickback schemes. The parties have agreed to cooperate with the Department of Justice’s investigations of other participants in the alleged schemes.

“We will continue to hold accountable individuals and entities that accept money to steer federal health care beneficiaries to a particular laboratory for testing,” said Principal Deputy Assistant Attorney General Brett A. Shumate of the Justice Department’s Civil Division. “Kickbacks can undermine the integrity of taxpayer-funded health care programs, distort medical decisions, and result in unnecessary services.”

The Anti-Kickback Statute prohibits offering, paying, soliciting, or receiving remuneration to induce referrals of items or services covered by Medicare, TRICARE, and other federally funded health care programs. The Anti-Kickback Statute is intended to ensure that medical providers’ judgments are not compromised by improper financial incentives and are instead based on the best interests of their patients.

The settlements announced today resolve allegations that health care providers received kickbacks in return for their referrals to a laboratory in Anderson, South Carolina, and that a marketer and his marketing company received kickbacks from that South Carolina laboratory to arrange for laboratory testing referrals, in violation of the Anti-Kickback Statute. The kickbacks allegedly resulted in the submission of false or fraudulent laboratory testing claims to Medicare and TRICARE in violation of the False Claims Act.

• Dr. Gerald Congdon, Coastal Urgent Care LLC, and Coastal Wellness Center LLC. Dr. Congdon and his medical practices in Pawleys Island and Myrtle Beach, South Carolina, agreed to pay $400,000 to resolve allegations that from May 2016 to November 2021, they received thousands of dollars in remuneration disguised as purported office space rental and phlebotomy payments from the South Carolina laboratory in return for ordering testing.
• Dr. Gbenga Aluko and Eagle Medical Center PC. Dr. Aluko and his medical practice in Charlotte, North Carolina, agreed to pay $250,000 to resolve allegations that from May 2016 to November 2021, they received thousands of dollars in remuneration disguised as purported office space rental, phlebotomy, and toxicology payments from the South Carolina laboratory in return for ordering testing.
• Dr. Anup Banerjee and Gastonia Medical Specialty Clinic P.A. Dr. Banerjee and his medical practice in Gastonia, North Carolina, agreed to pay $206,000 to resolve allegations that from April 2017 to November 2021, they received thousands of dollars in remuneration disguised as purported office space rental and phlebotomy payments from the South Carolina laboratory in return for ordering testing.
• Omar Hussain and Curis Healthcare Inc. Hussain and his marketing company agreed to pay $817,808 to resolve allegations that from April 2020 to August 2021, Hussain and his company received commissions from the South Carolina laboratory as independent contractors based on the volume and value of the Medicare and TRICARE referrals for laboratory testing that they arranged for and recommended.
• Saeed Medical Group Ltd., Omar Hussain, and Curis Healthcare Inc. Saeed Medical Group and Hussain and his marketing company agreed to pay $240,000 to resolve allegations that from April 2020 to August 2021, Saeed Medical Group received thousands of dollars in remuneration in the form of cash payments from Hussain and his company in return for ordering testing from the South Carolina laboratory.

“Integrity must be the standard in our health care system,” said Acting U.S. Attorney Brook B. Andrews for the District of South Carolina. “Kickback schemes divert funds and focus away from patients and their medical needs.”

“The public puts immense trust in medical professionals, and disdain for the rule of law damages that trust and erodes their credibility,” said Special Agent in Charge Steve Jensen of the FBI Columbia Field Office. “These settlements should serve as a reminder that the FBI and its partners are committed to holding medical practitioners accountable for kickbacks.”

“Kickback schemes undermine medical decision-making and jeopardize the integrity of federally funded health care programs,” said Special Agent in Charge Kelly Blackmon of the U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG). “Our commitment is to safeguard taxpayer-funded health care and the patients who rely on it, and we will rigorously pursue any allegations of False Claims Act violations.”

“The trust of the American taxpayer and the wellbeing of our service members are undermined when laboratories and physicians engage in collusive financial relationships,” said Special Agent in Charge Christopher Dillard of the Department of Defense Office of Inspector General, Defense Criminal Investigative Service (DCIS) Mid-Atlantic Field Office. “DCIS will continue to work with our law enforcement partners to bring to justice medical providers who illegally enrich themselves by prioritizing kickbacks over patient care.”

The settlements were 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 District of South Carolina, with assistance from HHS-OIG, DCIS, and the FBI. The settlements announced today were handled by Senior Trial Counsel Christopher Terranova in the Civil Division’s Commercial Litigation Branch, Fraud Section and Assistant U.S. Attorney Beth C. Warren for the District of South Carolina. The United States previously resolved allegations that physicians in South Carolina, North Carolina, and Texas received kickbacks from the same South Carolina laboratory.

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 the Department of Health and Human Services, at 1-800-HHS-TIPS (800-447-8477).

The claims resolved by the settlements are allegations only, and there has been no determination of liability.

Source: United States Department of Justice Criminal Division

Moises Humberto Rivera-Luna, also known as Santos and Viejo Santos, 55, an alleged international leader of the violent MS-13 drug gang, made an initial appearance today in the District of Columbia following his extradition from Guatemala to the United States to face racketeering conspiracy charges.

“Keeping Americans safe from transnational criminal gangs is one of the Department’s top priorities,” said Supervisory Official Antoinette T. Bacon of the Justice Department’s Criminal Division. “This defendant’s appearance in federal court in Washington today demonstrates our relentless commitment to seeking justice for victims, no matter how long it takes. Thanks to the incredible work by our federal prosecutors and law enforcement partners, we are one step closer to bringing closure for the many victims of this defendant’s alleged brutal violence.”

“The decade-long pursuit of this alleged violent gang member illustrates our office’s resolve to remain focused and bring to justice those who violate the law no matter where they are, no matter how long it takes,” said U.S. Attorney Edward R. Martin Jr. for the District of Columbia.

“Moise Humberto Rivera-Luna will have his day in court, but he stands accused of very serious crimes,” said U.S. Immigration and Customs Enforcement Homeland Security Investigations (ICE HSI) Washington, D.C., Acting Special Agent in Charge Christopher Heck. “His alleged criminal activity, combined with his leadership of the MS-13 transnational criminal organization, makes Rivera-Luna a significant threat to the safety of the American people. We are grateful for the strong relationships we enjoy with our local, state, federal and international law enforcement partners. Without their cooperation, none of this would be possible. ICE HSI Washington, D.C., will continue to work relentlessly and exhaust all resources to investigate and apprehend anyone who presents a threat to national security or the residents of our communities.”

Rivera-Luna is one of seven defendants in a nine-count fourth superseding indictment, which was returned on May 3, 2013, charging the defendants with committing racketeering conspiracy, murder in aid of racketeering, kidnapping in aid of racketeering, assault with a deadly weapon in aid of racketeering, and other offenses. Rivera-Luna is charged only with committing racketeering conspiracy. The government alleges that Rivera-Luna, while incarcerated in El Salvador, supervised operations of MS-13 cliques in the Washington area. Upon release, he traveled to Guatemala where he was subject to extradition.

The indictment alleges that MS-13 engages in racketeering activity to include murder, narcotics distribution, extortion, robberies, obstruction of justice, and other crimes. The indictment specifically states that some of the defendants allegedly participated in assaults against perceived rival gang members, made threats against people they believed to be cooperating with law enforcement, and carried out extortions.

The range of criminal activity alleged in the indictment includes acts committed in the District of Columbia, Maryland, Virginia, and other states. The indictment alleges there was frequent contact between MS-13 members in the Washington metropolitan area and El Salvador, and that members incarcerated in El Salvador encouraged or ordered assaults and murders.

Rivera-Luna is alleged to be an international leader of MS-13 who was sending orders and advice to an MS-13 clique operating in the Washington area via cellular telephone calls from his prison cell in El Salvador. The indictment alleges that he and another alleged MS-13 leader, Marvin Geovanny Monterrosa-Larios, also incarcerated in El Salvador, directed a coalition of MS-13 cliques to be formed in the Washington area. They advised local clique members that the coalition’s aim was to seek and kill MS-13 members who were found to be cooperating with law enforcement officials.

Among other allegations, the indictment charges Rivera-Luna with ordering the murder of Louis Alberto Membreno-Zelaya, 27. Membreno-Zelaya was found stabbed to death on Nov. 6, 2008, in Northwest Washington.

The indictment also alleges that Rivera-Luna authorized the murder of Felipe Enriquez, 25, whose body was found on March 31, 2010, in Montgomery County, Maryland.

ICE HSI Washington, D.C., and the Metropolitan Police Department are investigating the case. The Montgomery County and Prince George’s County, Maryland, Police Departments; State Attorney’s Office for Montgomery County; and U.S. Attorneys’ Offices for the District of Maryland and the Eastern District of Virginia provided assistance.

The Justice Department’s Office of International Affairs provided significant assistance in securing the extradition of Rivera-Luna from Guatemala.

Trial Attorney Lakeita F. Rox-Love of the Criminal Division’s Violent Crime and Racketeering Section and Assistant U.S. Attorney Nihar Mohanty for the District of Columbia are prosecuting the case.

This effort was part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at www.justice.gov/OCDETF.

An 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

Moises Humberto Rivera-Luna, also known as Santos and Viejo Santos, 55, an alleged international leader of the violent MS-13 drug gang, made an initial appearance today in the District of Columbia following his extradition from Guatemala to the United States to face racketeering conspiracy charges.

“Keeping Americans safe from transnational criminal gangs is one of the Department’s top priorities,” said Supervisory Official Antoinette T. Bacon of the Justice Department’s Criminal Division. “This defendant’s appearance in federal court in Washington today demonstrates our relentless commitment to seeking justice for victims, no matter how long it takes. Thanks to the incredible work by our federal prosecutors and law enforcement partners, we are one step closer to bringing closure for the many victims of this defendant’s alleged brutal violence.”

“The decade-long pursuit of this alleged violent gang member illustrates our office’s resolve to remain focused and bring to justice those who violate the law no matter where they are, no matter how long it takes,” said U.S. Attorney Edward R. Martin Jr. for the District of Columbia.

“Moise Humberto Rivera-Luna will have his day in court, but he stands accused of very serious crimes,” said U.S. Immigration and Customs Enforcement Homeland Security Investigations (ICE HSI) Washington, D.C., Acting Special Agent in Charge Christopher Heck. “His alleged criminal activity, combined with his leadership of the MS-13 transnational criminal organization, makes Rivera-Luna a significant threat to the safety of the American people. We are grateful for the strong relationships we enjoy with our local, state, federal and international law enforcement partners. Without their cooperation, none of this would be possible. ICE HSI Washington, D.C., will continue to work relentlessly and exhaust all resources to investigate and apprehend anyone who presents a threat to national security or the residents of our communities.”

Rivera-Luna is one of seven defendants in a nine-count fourth superseding indictment, which was returned on May 3, 2013, charging the defendants with committing racketeering conspiracy, murder in aid of racketeering, kidnapping in aid of racketeering, assault with a deadly weapon in aid of racketeering, and other offenses. Rivera-Luna is charged only with committing racketeering conspiracy. The government alleges that Rivera-Luna, while incarcerated in El Salvador, supervised operations of MS-13 cliques in the Washington area. Upon release, he traveled to Guatemala where he was subject to extradition.

The indictment alleges that MS-13 engages in racketeering activity to include murder, narcotics distribution, extortion, robberies, obstruction of justice, and other crimes. The indictment specifically states that some of the defendants allegedly participated in assaults against perceived rival gang members, made threats against people they believed to be cooperating with law enforcement, and carried out extortions.

The range of criminal activity alleged in the indictment includes acts committed in the District of Columbia, Maryland, Virginia, and other states. The indictment alleges there was frequent contact between MS-13 members in the Washington metropolitan area and El Salvador, and that members incarcerated in El Salvador encouraged or ordered assaults and murders.

Rivera-Luna is alleged to be an international leader of MS-13 who was sending orders and advice to an MS-13 clique operating in the Washington area via cellular telephone calls from his prison cell in El Salvador. The indictment alleges that he and another alleged MS-13 leader, Marvin Geovanny Monterrosa-Larios, also incarcerated in El Salvador, directed a coalition of MS-13 cliques to be formed in the Washington area. They advised local clique members that the coalition’s aim was to seek and kill MS-13 members who were found to be cooperating with law enforcement officials.

Among other allegations, the indictment charges Rivera-Luna with ordering the murder of Louis Alberto Membreno-Zelaya, 27. Membreno-Zelaya was found stabbed to death on Nov. 6, 2008, in Northwest Washington.

The indictment also alleges that Rivera-Luna authorized the murder of Felipe Enriquez, 25, whose body was found on March 31, 2010, in Montgomery County, Maryland.

ICE HSI Washington, D.C., and the Metropolitan Police Department are investigating the case. The Montgomery County and Prince George’s County, Maryland, Police Departments; State Attorney’s Office for Montgomery County; and U.S. Attorneys’ Offices for the District of Maryland and the Eastern District of Virginia provided assistance.

The Justice Department’s Office of International Affairs provided significant assistance in securing the extradition of Rivera-Luna from Guatemala.

Trial Attorney Lakeita F. Rox-Love of the Criminal Division’s Violent Crime and Racketeering Section and Assistant U.S. Attorney Nihar Mohanty for the District of Columbia are prosecuting the case.

This effort was part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at www.justice.gov/OCDETF.

An 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 Criminal Division

A Colombian national was sentenced and another pleaded guilty in separate hearings today in the Southern District of Florida for their respective roles in kidnapping and assaulting two members of the U.S. military who were on temporary duty in Bogotá, Colombia.

Pedro Jose Silva Ochoa, 47, was sentenced to 27 years and three months in prison. Silva Ochoa pleaded guilty in December 2024 to conspiracy to kidnap an internationally protected person.

Kenny Julieth Uribe Chiran, 35, pleaded guilty to conspiracy to kidnap an internationally protected person. A sentencing date has not yet been set. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

“Protecting Americans, wherever they may be throughout the world, is of paramount importance, and the United States will use every available tool to bring to justice those who harm our citizens,” said Supervisory Official Antoinette Bacon of the Justice Department’s Criminal Division. “In particular, kidnapping and assaulting two U.S. military service members will not go unanswered, and we will hold to account anyone who commits these violent acts against those who protect us.”

“Members of our military, whether serving here or abroad, can count on this Department of Justice’s respect, support, and protection,” said U.S. Attorney Hayden P. O’Byrne for the Southern District of Florida. “Kidnappings and assaults against U.S. service members will not be tolerated. To those who would dare commit such reprehensible acts against America’s heroes, know this: We will identify you; we will find you; and we will prosecute you as aggressively as the law permits.”

“The FBI’s commitment to investigate criminal acts against the U.S. military beyond our borders is clearly demonstrated by our persistent pursuit of justice for the two kidnapped soldiers,” said Acting Special Agent in Charge Brett D. Skiles of the FBI Miami Field Office. “Our close cooperation with Colombian and Chilean law enforcement authorities was essential to this international investigation’s success. To all would be kidnappers the message is clear: target our citizens with violence anywhere in the world and we will hold you accountable for your actions.”

According to court documents, Silva Ochoa and Uribe Chiran, both of Bogotá, and their co-defendant, Jeffersson Arango Castellanos, targeted, incapacitated, and kidnapped two U.S. soldiers in Bogotá. The two victims, while serving on orders in Colombia, went to an entertainment district in Bogotá to watch a soccer game on the evening of March 5, 2020. They eventually went to a pub, where they lost consciousness until the following day, by which point they had been separated. Medical examinations later confirmed the presence of benzodiazepines in the two victims. The defendants targeted the two victims at the pub, incapacitated them with drugs, and kidnapped them to acquire the victims’ valuables and credit and debit card information. Silva Ochoa and Arango Castellanos used one victim’s credit card and the other victim’s debit card to make purchases and withdraw money.

Silva Ochoa was extradited in April 2024 from Chile to the United States. Uribe Chiran was extradited in September 2024 from Colombia to the United States. Co-defendant Arango Castellanos was extradited in May 2023 from Colombia to the United States, pleaded guilty in January 2024, and was sentenced in May 2024 to 48 years and nine months in prison.

The FBI Miami Field Office is investigating the case. The Justice Department’s Office of International Affairs, the Criminal Division’s Narcotic and Dangerous Drug Section’s Office of the Judicial Attaché in Bogotá, and the FBI’s Legal Attaché Offices in Bogotá and Santiago, Chile, provided significant assistance in this matter. The United States thanks Colombian and Chilean law enforcement authorities for their valuable assistance.

Trial Attorneys Clayton O’Connor and Elizabeth Nielsen of the Criminal Division’s Human Rights and Special Prosecutions Section and Assistant U.S. Attorney Bertila Fernandez for the Southern District of Florida are prosecuting the case.

Source: United States Department of Justice Criminal Division

A West Virginia man pleaded guilty today to one count of willful failure to pay over employment taxes on behalf of his business.

According to court documents and statements made in court, Dean E. Dawson operated RPC Group LLC, a Hurricane, West Virginia, real estate appraisal business. Dawson was responsible for withholding employment taxes from RPC Group’s employees and paying over those funds to the IRS. Between 2015 and 2022, however, Dawson willfully failed to pay over to the IRS the employment taxes withheld from his employees’ paychecks. He also used the RPC Group’s business accounts to pay for personal expenses, including personal credit cards and his wife’s home mortgage, and issued checks to his wife from RPC Group even though she was not an employee of the business. In addition, from 2018 to 2023, Dawson did not file personal tax returns or pay income taxes. In total, Dawson caused a tax loss to the IRS exceeding $250,000.

Dawson is scheduled to be sentenced on June 23. He faces a maximum penalty of five years in prison as well as a period of supervised release, restitution and monetary penalties. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Acting Deputy Assistant Attorney General Karen E. Kelly of the Justice Department’s Tax Division and Acting U.S. Attorney Lisa G. Johnston for the Southern District of West Virginia made the announcement.

IRS Criminal Investigation is investigating the case.

Trial Attorneys Brian E. Flanagan and Rebecca A. Caruso of the Tax Division and Assistant U.S. Attorney Jonathan T. Storage for the Southern District of West Virginia are prosecuting the case.