Category: US Department of Justice

Source: United States Department of Justice Criminal Division

A New York doctor was found guilty yesterday by a federal jury for causing the submission of over $24 million in fraudulent claims to Medicare for medically unnecessary laboratory tests and orthotic braces.

According to court documents and evidence presented at trial, Alexander Baldonado, M.D., 69, of Queens, received tens of thousands of dollars in illegal cash kickbacks and bribes in exchange for ordering laboratory tests, including expensive cancer genetic tests, that were billed to Medicare by two related laboratories located in New York.

As part of the scheme, Baldonado authorized hundreds of cancer genetic tests for Medicare beneficiaries who attended COVID-19 testing events at assisted living facilities, adult day care centers, and a retirement community in 2020. Baldonado was not treating any of the patients who attended the testing events and, in many cases, did not speak to or examine the patients prior to ordering cancer genetic tests and other laboratory tests for them. Baldonado also billed Medicare for lengthy office visits that he never provided to these patients. Several Medicare patients for whom Baldonado ordered cancer genetic tests and billed for office visits testified at trial that they did not know who Baldonado was and had never met or spoken to him. Baldonado did not contact the patients after the testing events to review the results of the cancer genetic tests, and, in some cases, the patients never received the test results.

In addition to the laboratory testing scheme, Baldonado also received illegal cash kickbacks and bribes from the owner of a durable medical equipment supply company in exchange for ordering medically unnecessary orthotic braces for Medicare and Medicaid beneficiaries. The evidence presented at trial showed Baldonado on an undercover video receiving a large sum of cash in exchange for signed prescriptions for orthotic braces.

The medically unnecessary laboratory tests and orthotic braces that Baldonado ordered in exchange for illegal kickbacks and bribes caused Medicare to be billed more than $24 million. Medicare paid more than $2.1 million to the laboratories and the durable medical equipment supply company involved in the schemes.

Baldonado was found guilty of one count of conspiracy to commit health care fraud; six counts of health care fraud; one count of conspiracy to defraud the United States and to pay, offer, receive, and solicit health care kickbacks; one count of conspiracy to defraud the United States and to receive and solicit health care kickbacks; and one count of solicitation of health care kickbacks. Following his conviction on the 10 counts, Baldonado was remanded to the custody of the U.S. Marshals Service. He is scheduled to be sentenced on June 26 and faces a maximum penalty of 10 years in prison on each count of conspiracy to commit health care fraud, health care fraud, and solicitation of health care kickbacks and five years in prison on each count of conspiracy to defraud the United States and to pay, offer, receive, and solicit health care kickbacks and conspiracy to defraud the United States and to receive and solicit health care kickbacks. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Supervisory Official Antoinette T. Bacon of the Justice Department’s Criminal Division, Special Agent in Charge Naomi Gruchacz of the Department of Health and Human Services Office of Inspector General (HHS-OIG), and Acting Special Agent in Charge Terence G. Reilly of the FBI Newark Field Office made the announcement.

HHS-OIG and FBI investigated the case.

Assistant Chief Rebecca Yuan and Trial Attorney Hyungjoo Han of the Criminal Division’s Fraud Section are prosecuting 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 Office of the Inspector General for the Department of Health and Human Services, 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

A grand jury in Chicago returned an indictment yesterday charging a high-ranking affiliate of the Sinaloa Cartel for allegedly manufacturing and distributing fentanyl, cocaine, heroin, and other drugs and importing them into the United States.

“As alleged, the defendant conspired to traffic dangerous drugs, including fentanyl, into the United States — and employed dozens of gunmen to protect his drug trafficking operation and the leadership of the Guzman faction of the Sinaloa Cartel,” said Supervisory Official Antoinette T. Bacon of the Justice Department’s Criminal Division. “Stopping Mexican cartels from poisoning our communities with fentanyl and other narcotics is a top priority of this Administration. Today’s indictment demonstrates that the Criminal Division is relentless in its pursuit of the drug traffickers who profit at the expense of the American people.”

“Our nation’s fentanyl crisis has devastated individuals and families in northern Illinois and throughout the country,” said Acting U.S. Attorney Morris Pasqual for the Northern District of Illinois. “Our office will continue to work with our law enforcement partners to disrupt the production and trafficking of fentanyl and other dangerous narcotics before they can reach more victims.”

“From San Diego to Chicago to D.C., we are united to bring down the traffickers pushing these poisons into American communities,” said U.S. Attorney Tara McGrath for the Southern District of California. “We are attacking at every level — from street dealers to cartel leaders.”

“This indictment reinforces the FBI’s unwavering commitment to hold accountable those who endanger our communities and traffic violence and drugs across our borders,” said Assistant Director Chad Yarbrough of the FBI’s Criminal Investigative Division. “Let this serve as a clear message: if you engage in cartel activity, we will pursue you and bring you to justice. Together with our law enforcement partners at every level, we remain fully committed to protecting the American people and stopping the flow of these dangerous drugs into our nation.”

According to court documents, Ceferino Espinoza Angulo, 43, employed dozens of gunmen in Mexico to protect and support the leadership of the Guzman faction of the Sinaloa Cartel, including Ivan Guzman-Salazar, Jesus Alfredo Guzman-Salazar, Ovidio Guzman-Lopez, and Joaquin Guzman-Lopez, collectively known as “the Chapitos.” Espinoza Angulo allegedly conspired to obtain fentanyl precursor chemicals and to manufacture, distribute, and import into the United States fentanyl, cocaine, heroin, methamphetamine, and ecstasy. Ceferino Espinoza also allegedly illegally possessed a machinegun in furtherance of his drug trafficking scheme.

The Chapitos are the sons of Joaquin Guzman Loera, also known as “El Chapo,” who led the Sinaloa Cartel before being convicted by a federal jury in Brooklyn, New York, and sentenced to life in prison. The Chapitos allegedly assumed their father’s role as leaders of the Sinaloa Cartel. The Chapitos have been charged with drug trafficking in other U.S. indictments.

Espinoza Angulo is charged with drug conspiracy and firearm offenses. If convicted, he faces a mandatory minimum penalty of 30 years in prison and a maximum penalty of life in prison. Espinoza Angulo is believed to be residing in Mexico, and a U.S. warrant has been issued for his arrest.

The FBI and Homeland Security Investigations investigated the case. Valuable assistance was provided by the Drug Enforcement Administration’s Special Operations Division, Bilateral Investigations Unit, and the Portland, Oregon, Police Bureau, Narcotics and Organized Crime Unit, High Intensity Drug Trafficking Areas Interdiction Taskforce.

Trial Attorney Kirk Handrich of the Criminal Division’s Narcotic and Dangerous Drug Section, Assistant U.S. Attorneys Michelle Parthum and Andrew C. Erskine for the Northern District of Illinois, and Assistant U.S. Attorney Matthew Sutton for the Southern District of California prosecuted the case.

The case is part of an Organized Crime Drug Enforcement Task Force (OCDETF) operation. OCDETF identifies, disrupts, and dismantles drug trafficking organizations and other criminal networks that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local enforcement agencies.

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

A grand jury in Chicago returned an indictment yesterday charging a high-ranking affiliate of the Sinaloa Cartel for allegedly manufacturing and distributing fentanyl, cocaine, heroin, and other drugs and importing them into the United States.

“As alleged, the defendant conspired to traffic dangerous drugs, including fentanyl, into the United States — and employed dozens of gunmen to protect his drug trafficking operation and the leadership of the Guzman faction of the Sinaloa Cartel,” said Supervisory Official Antoinette T. Bacon of the Justice Department’s Criminal Division. “Stopping Mexican cartels from poisoning our communities with fentanyl and other narcotics is a top priority of this Administration. Today’s indictment demonstrates that the Criminal Division is relentless in its pursuit of the drug traffickers who profit at the expense of the American people.”

“Our nation’s fentanyl crisis has devastated individuals and families in northern Illinois and throughout the country,” said Acting U.S. Attorney Morris Pasqual for the Northern District of Illinois. “Our office will continue to work with our law enforcement partners to disrupt the production and trafficking of fentanyl and other dangerous narcotics before they can reach more victims.”

“From San Diego to Chicago to D.C., we are united to bring down the traffickers pushing these poisons into American communities,” said U.S. Attorney Tara McGrath for the Southern District of California. “We are attacking at every level — from street dealers to cartel leaders.”

“This indictment reinforces the FBI’s unwavering commitment to hold accountable those who endanger our communities and traffic violence and drugs across our borders,” said Assistant Director Chad Yarbrough of the FBI’s Criminal Investigative Division. “Let this serve as a clear message: if you engage in cartel activity, we will pursue you and bring you to justice. Together with our law enforcement partners at every level, we remain fully committed to protecting the American people and stopping the flow of these dangerous drugs into our nation.”

According to court documents, Ceferino Espinoza Angulo, 43, employed dozens of gunmen in Mexico to protect and support the leadership of the Guzman faction of the Sinaloa Cartel, including Ivan Guzman-Salazar, Jesus Alfredo Guzman-Salazar, Ovidio Guzman-Lopez, and Joaquin Guzman-Lopez, collectively known as “the Chapitos.” Espinoza Angulo allegedly conspired to obtain fentanyl precursor chemicals and to manufacture, distribute, and import into the United States fentanyl, cocaine, heroin, methamphetamine, and ecstasy. Ceferino Espinoza also allegedly illegally possessed a machinegun in furtherance of his drug trafficking scheme.

The Chapitos are the sons of Joaquin Guzman Loera, also known as “El Chapo,” who led the Sinaloa Cartel before being convicted by a federal jury in Brooklyn, New York, and sentenced to life in prison. The Chapitos allegedly assumed their father’s role as leaders of the Sinaloa Cartel. The Chapitos have been charged with drug trafficking in other U.S. indictments.

Espinoza Angulo is charged with drug conspiracy and firearm offenses. If convicted, he faces a mandatory minimum penalty of 30 years in prison and a maximum penalty of life in prison. Espinoza Angulo is believed to be residing in Mexico, and a U.S. warrant has been issued for his arrest.

The FBI and Homeland Security Investigations investigated the case. Valuable assistance was provided by the Drug Enforcement Administration’s Special Operations Division, Bilateral Investigations Unit, and the Portland, Oregon, Police Bureau, Narcotics and Organized Crime Unit, High Intensity Drug Trafficking Areas Interdiction Taskforce.

Trial Attorney Kirk Handrich of the Criminal Division’s Narcotic and Dangerous Drug Section, Assistant U.S. Attorneys Michelle Parthum and Andrew C. Erskine for the Northern District of Illinois, and Assistant U.S. Attorney Matthew Sutton for the Southern District of California prosecuted the case.

The case is part of an Organized Crime Drug Enforcement Task Force (OCDETF) operation. OCDETF identifies, disrupts, and dismantles drug trafficking organizations and other criminal networks that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local enforcement agencies.

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 New York man was arrested and charged in a superseding indictment unsealed today in the Southern District of New York for hiring someone to kill his estranged husband, who was murdered in Rio de Janeiro in January 2024. Sikkema made his initial court appearance on the superseding indictment today in the Southern District of New York.

According to court documents, beginning in 2023, Daniel Sikkema, 54, of New York City, offered another individual (CC-1) money in exchange for CC-1 killing Sikkema’s estranged husband, with whom Sikkema was involved in contentious divorce proceedings. The victim, who was a U.S. citizen, had amassed a multi-million-dollar estate and often traveled to Rio de Janeiro where he maintained property. In advance of the victim’s murder, Sikkema sent CC-1 money using a stolen identity and intermediaries in an effort to conceal the source of the payments.

The victim was murdered by CC-1 on Jan. 14, 2024.

Sikkema is charged with one count of conspiracy to commit a murder-for-hire, one count of murder-for-hire, one count of conspiracy to murder a person in a foreign county, and one count of passport fraud. If convicted, he faces a mandatory penalty of life in prison or death. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Supervisory Official Antoinette T. Bacon of the Justice Department’s Criminal Division, U.S. Attorney Danielle R. Sassoon for the Southern District of New York, and Assistant Director in Charge James E. Dennehy of the FBI New York Field Office made the announcement.

The FBI investigated the case.

Trial Attorney Chelsea Schinnour of the Criminal Division’s Human Rights and Special Prosecutions Section and Assistant U.S. Attorneys Meredith Foster and Remy Grosbard for the Southern District of New York 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.

Source: United States Department of Justice Criminal Division

Alan W. Filion, 18, of Lancaster, California, was sentenced today to 48 months in prison for making interstate threats to injure the person of another.

According to the plea agreement, from approximately August 2022 to January 2024, Filion made over 375 swatting and threat calls, including calls in which he claimed to have planted bombs in the targeted locations or threatened to detonate bombs and/or conduct mass shootings at those locations. Filion targeted religious institutions, high schools, colleges and universities, government officials, and numerous individuals across the United States.

Filion intended his calls to cause large-scale deployment of police and emergency services units to the targeted locations. During these calls, he provided information to law enforcement and emergency services agencies that he knew to be false, such as false names, false claims that he and others had placed explosives in particular locations, false claims that he and others possessed dangerous weapons, including firearms and explosives, and false claims that he and other individuals had committed, or intended to imminently commit, violent crimes.

In some instances, armed law enforcement officers approached and entered a targeted residence with their weapons drawn and detained individuals that occupied the residence. Indeed, Filion claimed in a post on Jan. 20, 2023, that when he swats someone, he “usually get[s] the cops to drag the victim and their families out of the house cuff them and search the house for dead bodies.” Additionally, Filion’s calls caused law enforcement officers and dispatchers to respond, and to be unavailable in response to other emergencies.

Filion became a serial swatter for both profit and recreation. He claimed in a Jan. 19, 2023, online post that his “first” swatting was like “2 to 3 years ago” and that “6-9 months ago [he] decided to turn it into a business. . .” On several occasions, Filion placed posts on social media channels advertising his services and swatting-for-a-fee structure.

On Jan.18, 2024, Filion was arrested in California on Florida state charges arising from a May 2023 threat he made to a religious institution in Sanford, Florida. In that threat, he claimed to have an illegally modified AR-15, a Glock 17 pistol, pipe bombs, and Molotov cocktails. He said that he was going to imminently “commit a mass shooting” and “kill everyone” he saw. He pleaded guilty in federal court to making that threat.

Filion also pleaded guilty to making three other threatening calls: an October 2022 call to a public high school in the Western District of Washington, in which he threatened to commit a mass shooting and claimed to have planted bombs throughout the school; a May 2023 call to a Historically Black College or University in the Northern District of Florida, in which he claimed to have placed bombs in the walls and ceilings of campus housing that would detonate in about an hour; and a July 2023 call to a local police department dispatch number in the Western District of Texas, in which he falsely identified himself as a senior federal law enforcement officer, provided the federal law-enforcement officer’s residential address to the dispatcher, claimed to have killed the federal officer’s mother, and threatened to kill any responding police officers.

The FBI and U.S. Secret Service investigated the case, with valuable assistance provided by the Seminole County (Florida) Sheriff’s Office; the Anacortes (Washington) Police Department; the Florida Department of Law Enforcement; the California Department of Justice; the Los Angeles County (California) Sheriff’s Office; and the Volusia County (Florida) Sheriff’s Office.

Assistant U.S. Attorney Kara Wick for the Middle District of Florida prosecuted the case, with valuable assistance from the National Security Division’s Counterterrorism Section; the State Attorney’s Office for Seminole County, Florida, 18th Judicial Circuit; and the U.S. Attorneys’ Offices for the Western District of Washington, Northern District of Florida, Western District of Texas, and District of Columbia.