Category: US Department of Justice

Source: United States Department of Justice Criminal Division

On Jan. 31, a court in Miami entered the final in a series of consent decrees, permanently barring 10 individuals and entities from operating a scheme to steal funds from thousands of bank accounts belonging to consumers and small businesses across the United States.

In a civil complaint unsealed on Dec. 11, 2023, the Justice Department alleged that a network of individuals and their companies, including defendants Farhan Khan, Jeremy Todd Briley, Christopher Foufas, Brandon Hahn, and Melinda Petit-Homme, participated in a scheme to steal millions of dollars from consumers and small businesses by making recurring unauthorized charges against their bank accounts.

The defendants allegedly used sham companies, including Altitude Processing Inc., which does business as Clear Marketing Agency, to cover their tracks and make the unauthorized charges appear legitimate. The defendants also allegedly took elaborate steps to portray the sham companies as legitimate businesses that provided online marketing services, creating bogus websites for the sham companies, fake customer authorizations for the charges, and a “customer service” call center to field complaints and offer refunds. The government alleged that, in reality, victims of the scheme never signed up for — or received — any services from the defendants.

“These consent decrees are the hard-won result of the Department’s efforts to eradicate schemes that prey upon consumers and small businesses across the United States,” said Acting Assistant Attorney General Brett Shumate of the Justice Department’s Civil Division. “The Department is committed to using all the tools at its disposal to block fraudsters from reaching into victims’ bank accounts and draining their savings through repeated unauthorized charges.”

“The U.S. Postal Inspection Service will relentlessly pursue any and everyone masquerading as legitimate businesses to fraudulently steal money from unsuspecting consumers,” said Inspector in Charge Eric Shen of the Postal Inspection Service’s Criminal Investigations Group. “Postal inspectors work diligently to investigate fraud scams and educate the public about how to protect their money from criminals.”

Under the consent decrees, the defendants may not charge consumers without authorization. The consent decrees also prevent the defendants from taking any measures to: (a) evade fraud and risk monitoring programs established by any financial institution, payment processor, or the operator of any payment system; (b) disguise the nature of transactions; or (c) artificially reduce chargeback rates. They are further prohibited from assisting any other individuals or entities with taking any of the prohibited actions. The consent decrees do not constitute an admission of guilt on behalf of the defendants.

The United States Postal Inspection Service investigated the case.

Trial Attorneys Carolyn Rice and Meredith Reiter of the Civil Division’s Consumer Protection Branch represented the government in this matter. The U.S. Attorney’s Office for the Southern District of Florida provided substantial assistance.

For more information about the Consumer Protection Branch and its enforcement efforts, visit its website at www.justice.gov/civil/consumer-protection-branch.

Source: United States Department of Justice

Today, Attorney General Pamela Bondi toured the Port of Tampa Bay – the largest port in Florida – and received a briefing from the Port’s CEO, Paul Anderson.

Attorney General Bondi and Port Leadership discussed the Port’s important role in safeguarding Floridians and the American people as a key port of entry into this US. They also discussed the vital role that government plays in helping protect national security at ports.

Other topics discussed included Port Tampa Bay’s advancements in protecting against foreign threats to physical and cyber security infrastructure, securing the Panama Canal, and ongoing coordination with the American Association of Port Authorities (AAPA) and the Coalition for America’s Gateways and Trade Corridors (CAGTC).

Attorney General Bondi closed the briefing by thanking all in attendance for their important work on protecting the American people, safeguarding our national security, and encouraging the flow of commerce.

Attorney General Bondi concluded by stating “Our ports are often the first line of defense in protecting Americans from national security threats like human trafficking, drug smuggling, and cybercrime. It was an honor to spend time with Paul Anderson and his team, who are collaborating closely with government partners and doing incredible work to protect Floridians and our Nation in my hometown of Tampa.”

Participants:

Paul Anderson, President and CEO of Port Tampa Bay

Charles Klug, Principal Counsel of Port Tampa Bay

Ken Washington, Vice President and Chief Information Officer of Port Tampa Bay

Mark Dubina, Vice President of Security of Port Tampa Bay

Laura Lenhart, Vice President of Government Affairs of Port Tampa Bay

Sue Bai, Assistant Deputy Attorney General for National Security

Catharine Cypher, Deputy Chief of Staff, Department of Justice

Source: United States Department of Justice Criminal Division

SVCMC Inc., formerly known as Saint Vincents Catholic Medical Centers of New York (Saint Vincent), has agreed to pay $29 million to resolve allegations that it violated the False Claims Act by knowingly retaining erroneously inflated payments received from the Department of Defense for healthcare services provided to retired military members and their families.

Saint Vincent is one of six health plans participating in the Uniformed Services Family Health Plan (USFHP) program, which is a federal health insurance program funded by the Defense Health Agency (DHA), a component of the Department of Defense. Under the USFHP program, DHA pays Saint Vincent capitated rates to provide healthcare services to military personnel, retirees, and their families. The complaint alleged that, in 2012, Saint Vincent learned that errors had been made in the calculation of the capitated rates resulting in substantial overpayments to Saint Vincent and the other five USFHP plans over the preceding four years. According to the government’s complaint, instead of notifying the government of the overpayments or repaying the funds, Saint Vincent, along with the other five USFHP plans, took steps to conceal the existence of the overpayments from DHA, continued to submit invoices at the inflated payment rates, and conspired to avoid paying the money back. Today’s settlement resolves the government’s claims against Saint Vincent.

“Those who receive public funds, including participants in government health care programs, must return funds to which they are not entitled,” said Acting Assistant Attorney General Brett A. Shumate, head of the Justice Department’s Civil Division. “Together with our partners across the federal government, we will hold accountable those who knowingly violate this obligation to the American taxpayers.”

“I want to thank the Justice Department for resolving this case on behalf of TRICARE and the Defense Health Agency,” said Dr. David C. Krulak, Director, TRICARE Health Plan, DHA. “Providing excellent health care to our 9.5 million beneficiaries worldwide is essential to maintaining force readiness and keeping our promise to our family members and retirees, while being good stewards of taxpayer dollars at the same time.”

The civil settlement resolves claims brought under the qui tam or whistleblower provisions of the False Claims Act by Jane Rollinson and Daniel Gregorie in the District of Maine. From 2007 to 2015, Ms. Rollinson worked at Martin’s Point Health Care, one of the health plans participating in the USFHP program, including as its Interim Chief Financial Officer. Mr. Gregorie was a consultant to the CEO and Board of Martin’s Point Health Care and later served on its Board of Trustees. Under the False Claims Act’s qui tam provisions, a private party can file an action on behalf of the United States and receive a portion of any recovery. The United States may intervene and proceed with the case, as it did here. The qui tam case is captioned United States ex rel. Rollinson v. Martin’s Point Health Care, Inc., No. 2:16-cv-00447-NT (D. Me.). As part of today’s settlement, Ms. Rollinson and Mr. Gregorie will receive $5.655 million. The United States is continuing to pursue the remaining claims in this case.

The resolution of this matter 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 District of Maine, with assistance from the DHA.

The investigation and resolution of this matter illustrates the government’s emphasis on combating healthcare 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 800-HHS-TIPS (800-447-8477).

The matter was handled by Fraud Section Attorneys Diana Cieslak and Evan Ballan and Assistant U.S. Attorneys Andrew Lizotte and Sheila Sawyer for the District of Maine.

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

Source: United States Department of Justice Criminal Division

A Nevada woman pleaded guilty yesterday to conspiring to defraud the United States by making claims for refunds of false COVID-19 related employment tax credits.

According to court documents and statements made in court, Candies Goode-McCoy, of Las Vegas, conspired with others to file tax returns seeking fraudulent refunds based on the employee retention credit (ERC) and paid sick and family leave credit. From around June 2022 through September 2023, McCoy filed approximately 1,227 false tax returns for her businesses and others claiming these refundable credits.

In total, these claims sought refunds of over $98 million, of which the IRS paid approximately $33 million. McCoy personally received over $1.3 million in fraudulent refunds and was paid about $800,000 from those on whose behalf she filed fraudulent returns. McCoy knew that these returns were fraudulent. Neither she nor the others for whom she filed them were eligible to receive the refundable credits in the amounts claimed. McCoy used the proceeds for her personal benefit, including the purchase of luxury cars, gambling at casinos, vacations and other luxury goods.

In response to the COVID-19 pandemic and its economic impact, Congress authorized the ERC for small businesses to reduce the employment tax owed to the IRS. Congress also authorized the IRS to give a credit against employment taxes to reimburse businesses for the wages paid to employees who were on sick or family leave and could not work because of COVID-19. This credit was equal to the wages the business paid the employees during the sick or family leave, subject to a maximum amount.

McCoy is scheduled to be sentenced on Feb. 23, 2026. She faces a maximum penalty of 10 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 Sue Fahami for the District of Nevada made the announcement.

IRS Criminal Investigation and the Treasury Inspector General for Tax Administration are investigating the case.

Trial Attorney John C. Gerardi of the Tax Division and Assistant U.S. Attorney Richard Anthony Lopez for the District of Nevada are prosecuting the case.

Source: United States Department of Justice Criminal Division

The Justice Department announced today that the owners and former property manager of a federally subsidized apartment complex in Albuquerque, New Mexico have agreed to pay $360,000 to resolve a lawsuit alleging that the former property manager sexually harassed female tenants in violation of the Fair Housing Act.

The department’s lawsuit, filed in the U.S. District Court for the District of New Mexico in March 2024, alleges that for more than a decade, property manager Ariel Solis Veleta (Solis) sexually harassed female tenants at St. Anthony Plaza Apartments, a Section 8 Project-Based Rental Assistance property with 160 units in Albuquerque, New Mexico. The suit alleges that Solis’s conduct included making unwelcome sexual comments to female tenants, touching female tenants without their consent, locking female tenants in his office to demand sex acts, and threatening to evict female tenants who did not give in to his sexual demands.

“A home should be a place of refuge, not fear,” said Deputy Assistant Attorney General Kathleen P. Wolfe of the Justice Department’s Civil Rights Division. “The Justice Department will hold property managers and landlords accountable when they target and exploit vulnerable tenants with sexual harassment.”

“Affordable housing should not come at the cost of tenant’s dignity and personal safety,” said U.S. Attorney Alexander M.M. Uballez for the District of New Mexico. “When property managers use their power over housing as a weapon to extort sexual favors from tenants, they exploit one fundamental right in order to violate another. This settlement will protect the sanctity of the home and the basic human rights of tenants, and was only possible because of these courageous women who came forward to tell their stories.”

“No low-income tenant should face the threat of being sexually harassed or abused by a property manager or others who control their housing,” said Acting Inspector General Stephen M. Begg of the Department of Housing and Urban Development (HUD). “We are grateful to the tenants who came forward to help put a stop to this violative behavior. This settlement demonstrates that the HUD Office of Inspector General will continue to vigorously investigate landlords and property managers who seek to sexually exploit their vulnerable tenants.”

The department’s lawsuit also names as defendants the owners and operators of St. Anthony Plaza Apartments, PacifiCap Properties Group LLC, St. Anthony Limited Partnership, PacifiCap Holdings XXXVIII LLC, and PacifiCap Management, Inc. The lawsuit alleges that these defendants are vicariously liable for the sexual harassment of their agent, Solis. The Department of Housing and Urban Development’s Office of Inspector General participated in the investigation that uncovered the evidence leading to the lawsuit.

Under the consent decree, which still must be approved by the U.S. District Court for the District of New Mexico, the defendants must pay $350,000 to tenants harmed by Solis’s harassment and a $10,000 civil penalty to the United States. The consent decree permanently bars Solis from contacting tenants harmed by his harassment, permanently bars Solis from managing residential rental properties, and mandates training and the adoption of policies and procedures to prevent future discrimination at residential rental properties owned or managed by defendants.

Individuals who believe they may have been victims of sexual harassment by Ariel Solis or at St. Anthony Plaza Apartments may email Solis.Investigation@usdoj.gov or call the Justice Department’s Housing Discrimination Tip Line at 1-833-591-0291.

If you are a victim of sexual harassment by another landlord or property manager or have suffered other forms of housing discrimination, call the Justice Department’s Housing Discrimination Tip Line at 1-800-896-7743, email the Justice Department at fairhousing@usdoj.gov, or submit a report online. More information about the Civil Rights Division and the laws it enforces is available at www.justice.gov/crt.

This settlement is part of  the Justice Department’s Sexual Harassment in Housing Initiative, led by the Civil Rights Division, in coordination with U.S. Attorneys’ Offices across the country. The initiative, which the Department launched in October 2017, seeks to address and raise awareness about sexual harassment by landlords, property managers, maintenance workers, loan officers and other people who have control over housing. Since launching the initiative, the department has filed 48 lawsuits alleging sexual harassment in housing and recovered nearly $17.5 million for victims of such harassment.