Category: US Department of Justice

Source: United States Department of Justice

A New Hampshire man was sentenced yesterday to two-and-a-half years in prison for willfully failing to pay more than $14 million in payroll taxes and not filing personal tax returns.

According to court documents and statements made in court, Andrew Park, 49, of Bedford, was the co-founder and CEO of a startup technology company. Park was responsible for all financial matters related to the company, including for filing the company’s quarterly employment tax returns and collecting and paying over Social Security, Medicare and income taxes withheld from the employees’ wages to the IRS, as well as the matching Social Security and Medicare taxes the company owed.

From the company’s founding in 2014 through the third quarter of 2021, Park withheld federal taxes from the wages of the company’s employees but did not pay them over as required by law. He also did not pay over the portion of the employment taxes that the company owed. Park willfully failed to do so even though a payroll service company that he hired to process the employees’ payroll regularly notified him that the taxes were due, and in more than one instance was notified by an employee that the amount paid to Social Security listed on her W-2 did not match what was reported by the Social Security Administration.

From 2013 through 2020, Park also did not file individual tax returns as required by law, despite the fact that he paid himself a salary of approximately $250,000 each year.

In total, Park caused a tax loss to the IRS exceeding $14 million.

In addition to the term of imprisonment, U.S. District Chief Judge Landya B. McCafferty for the District of New Hampshire ordered Park to serve three years of supervised release and to pay $639,821.78 in restitution to the United States and a fine of $15,000.

Acting Deputy Assistant Attorney General Karen E. Kelly of the Justice Department’s Tax Division and Acting U.S. Attorney John J. McCormack for the District of New Hampshire made the announcement.

IRS Criminal Investigation investigated the case.

Assistant Chief Eric Powers of the Tax Division and Assistant U.S. Attorney Matthew Hunter for the District of New Hampshire prosecuted the case.

Source: United States Department of Justice

The Justice Department announced today that KBWB Operations LLC, which did business as Atrium Health and Senior Living (KBWB-Atrium), and former Chief Executive Officer and Managing Member Kevin Breslin of KBWB-Atrium, both pleaded guilty to one count of health care fraud and one count of tax conspiracy related to the operation of numerous skilled nursing facilities.

“Americans rely on skilled nursing facilities to care for themselves, family members and other loved ones, and the operators of these institutions must live up to their obligations and the law,” said Acting Assistant Attorney General Brett A. Shumate of the Justice Department’s Civil Division. “The Department of Justice will continue to work closely with its law enforcement partners to help ensure the safety and dignity of our must vulnerable citizens.”

Breslin, 58, of Hoboken, New Jersey, pleaded guilty in the U.S. District Court for the Western District of Wisconsin on Dec. 17, 2024. KBWB-Atrium pleaded guilty in the same court on Jan. 21. Breslin is one of six owners of KBWB-Atrium. KBWB-Atrium’s corporate headquarters was located in Little Falls, New Jersey, and its Midwest corporate office was located in Appleton, Wisconsin. KBWB-Atrium operated and owned nursing facilities in New Jersey, Wisconsin, and Michigan.

On Feb. 1, 2023, a Wisconsin grand jury returned a 12-count indictment against defendants Breslin and KBWB-Atrium (collectively the defendants) charging health care fraud and tax conspiracy, among other charges. According to court documents, from approximately Jan. 1, 2015, to in or about September 2018, KBWB-Atrium operated and owned 23 skilled nursing facilities in Wisconsin, and Breslin was responsible for overseeing all of KBWB-Atrium’s operations. The primary source of income for the KBWB-Atrium Wisconsin skilled nursing facilities was federal Medicare and Medicaid funds from the Centers for Medicare and Medicaid Services (CMS).

According to court documents, the defendants’ alleged health care fraud scheme involved unlawfully diverting CMS funds intended for the operation, management, maintenance, and care of the residents of the KBWB-Atrium Wisconsin skilled nursing facilities for other purposes and personal expenses. The defendants allegedly prioritized distributions and guaranteed payments to KBWB-Atrium’s owners regardless of KBWB-Atrium’s financial situation. The defendants’ alleged actions resulted in failing to meet the required federal regulations governing skilled nursing facilities, including not operating the KBWB-Atrium Wisconsin skilled nursing facilities in a manner that would enhance residents’ quality of life. According to court documents, the defendants also knew that vendors were not being paid for extended periods of time or some were not paid at all for their services. Additionally, defendants allegedly failed to pay third-party administrators monies deducted from KBWB-Atrium employees’ paychecks for insurance premiums and 401(k) plan contributions.

As a part of the tax conspiracy alleged in court documents, Breslin, acting on behalf of KBWB-Atrium, directed that income taxes and employment taxes withheld from KBWB-Atrium Wisconsin employees’ paychecks not be paid over to the IRS. This caused employees to prepare tax returns listing those withholdings as having been paid to the IRS, which was false.

The defendants are scheduled to be sentenced on May 7 before U.S. District Judge William M. Conleyfor the Western District of Wisconsin. Breslin faces a maximum penalty of up to 10 years in prison for the health care fraud count and five years in prison for the conspiracy to commit an offense against the United States count, along with a period of supervised release. Both defendants face restitution and other monetary penalties. A federal district court judge will determine the sentence of each defendant after considering the U.S. Sentencing Guidelines and other statutory factors.       

“Healthcare fraud affects every American,” said U.S. Attorney Timothy M. O’Shea for the Western District of Wisconsin. “My office was proud to partner with the Justice Department’s Civil Division to help prosecute these individuals who harmed seniors and exploited our health care benefits programs for personal gain.”

“This guilty plea demonstrates our unwavering commitment to holding individuals accountable who exploit vulnerable populations and defraud the healthcare system for personal gain,” said Assistant Director Chad Yarbrough of the FBI Criminal Investigative Division. “Breslin’s actions not only eroded public trust but endangered the well-being of patients who rely on our health care system. The FBI will continue to work tirelessly with our partners to investigate and bring to justice those who abuse positions of trust.”

“The guilty pleas of Kevin Breslin and KBWB Operations LLC serve as a reminder that healthcare fraud is not only a direct violation of patient care, but also an attack on the financial systems that underpin public and private trust,” said Acting Special Agent in Charge Ramsey E. Covington of the IRS Criminal Investigation (IRS-CI) Chicago Field Office. “IRS-CI and its law enforcement partners remain dedicated to investigating and prosecuting individuals and businesses who seek to exploit public and private institutions for personal gain.”

“HHS-OIG is dedicated to protecting Medicare and Medicaid funds and ensuring that health care providers uphold their responsibility to serve vulnerable populations with integrity,” said Special Agent in Charge Mario M. Pinto of the Department of Health and Human Services Office of Inspector General (HHS-OIG). “The actions of those involved in this scheme erode the trust placed in our nation’s health care system, and we will continue working with our law enforcement partners to hold accountable those who misuse public funds for personal gain.”

“Employers placing profit over upholding their legal fiduciary responsibilities when managing health benefit plans will not be tolerated,” said Regional Director Ruben R. Chapa of the Employee Benefits Security Administration in Chicago. “The Employee Benefits Security Administration remains committed to ensuring that those who knowingly break the law are held fully accountable.”

The IRS-CI Chicago Field Office; HHS-OIG – Office of Investigations, Milwaukee Field Office; U.S. Department of Labor, Employee Benefits Security Administration, New York and Chicago Regional Offices; FBI Milwaukee Field Office; and the State of Wisconsin Department of Justice, Division of Criminal Investigation, Medicaid Fraud Control and Elder Abuse Unit investigated the case.

Trial Attorneys with the Civil Division’s Consumer Protection Branch are prosecuting the case with assistance from the U.S. Attorney’s Office for the Western District of Wisconsin.

Additional information about the Consumer Protection Branch and its enforcement efforts may be found at www.justice.gov/civil/consumer-protection-branch.  For more information about the U.S. Attorney’s Office for the Western District of Wisconsin, visit its website at www.justice.gov/usao-wdwi.

Source: United States Department of Justice Criminal Division

A federal jury convicted a Maryland man yesterday for conspiracy to commit insurance fraud, money laundering, filing false tax returns and identity theft.

According to court documents and evidence presented at trial, James Wilson, of Owings Mills, conspired with others to defraud insurance companies by obtaining over 30 life insurance policies for applicants by mispresenting their health, wealth and existing life insurance coverage. The total death benefits from these policies exceeded $20 million.

Wilson also conspired to defraud individual investors to obtain funds that he then used to pay premiums on fraudulently-obtained life insurance policies. To conceal the fraud, Wilson transferred the fraud through multiple bank accounts, including accounts in the name of trusts. Wilson filed false individual income tax returns for 2018 and 2019, which concealed approximately $5.7 million and $2 million respectively of fraud proceeds.

Wilson is scheduled to be sentenced on May 1. He faces a maximum penalty of 20 years in prison for each count of conspiracy, wire fraud, mail fraud and money laundering; and a maximum penalty of three years in prison for each count of filing a false tax return. Wilson also faces a maximum penalty of two years in prison for each count of aggravated identity theft. 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, U.S. Attorney Erek L. Barron for the District of Maryland and Special Agent in Charge Kareem A. Carter of IRS Criminal Investigation (IRS-CI)’s Washington, D.C. Field Office made the announcement.

IRS-CI investigated the case, with assistance from the Maryland Insurance Administration and Maryland Attorney General.

Trial Attorneys Shawn Noud and Richard Kelley of the Tax Division and Assistant U.S. Attorneys Matthew Phelps and Philip Motsay for the District of Maryland are prosecuting the case.

Source: United States Department of Justice 2

A federal jury convicted a Maryland man yesterday for conspiracy to commit insurance fraud, money laundering, filing false tax returns and identity theft.

According to court documents and evidence presented at trial, James Wilson, of Owings Mills, conspired with others to defraud insurance companies by obtaining over 30 life insurance policies for applicants by mispresenting their health, wealth and existing life insurance coverage. The total death benefits from these policies exceeded $20 million.

Wilson also conspired to defraud individual investors to obtain funds that he then used to pay premiums on fraudulently-obtained life insurance policies. To conceal the fraud, Wilson transferred the fraud through multiple bank accounts, including accounts in the name of trusts. Wilson filed false individual income tax returns for 2018 and 2019, which concealed approximately $5.7 million and $2 million respectively of fraud proceeds.

Wilson is scheduled to be sentenced on May 1. He faces a maximum penalty of 20 years in prison for each count of conspiracy, wire fraud, mail fraud and money laundering; and a maximum penalty of three years in prison for each count of filing a false tax return. Wilson also faces a maximum penalty of two years in prison for each count of aggravated identity theft. 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, U.S. Attorney Erek L. Barron for the District of Maryland and Special Agent in Charge Kareem A. Carter of IRS Criminal Investigation (IRS-CI)’s Washington, D.C. Field Office made the announcement.

IRS-CI investigated the case, with assistance from the Maryland Insurance Administration and Maryland Attorney General.

Trial Attorneys Shawn Noud and Richard Kelley of the Tax Division and Assistant U.S. Attorneys Matthew Phelps and Philip Motsay for the District of Maryland are prosecuting the case.

Source: United States Department of Justice

Marvin Pompilus, 40, of Stoughton, Massachusetts, was sentenced today to 13 years in prison, followed by 60 months of supervised release. The court will order restitution at a later date. A federal judge earlier accepted Pompilus’s guilty plea in October 2024 to four counts of conspiracy to commit sex trafficking by force, fraud or coercion, and one count of possession of cocaine and fentanyl with the intent to distribute.

“Marvin Pompilus is a criminal recidivist and vile perpetrator who deserves a significant sentence to protect our community. His prior conviction did nothing to deter further acts of violence on women and continuing to push drugs onto our streets,” said U.S. Attorney Leah B. Foley for the District of Massachusetts. “Today’s sentence highlights our ongoing efforts to hold those accountable who prey on vulnerable victims and denigrate human dignity.”

“The cruelty and inhumanity displayed by Marvin Pompilus is overwhelming. This twice convicted felon forced four women into sexual servitude, unleashing significant physical and emotional abuse for his own financial gain,” said Special Agent in Charge Jodi Cohen of the FBI Boston Field Office. “While it’s gratifying to see Mr. Pompilus receive a lengthy prison term, no sentence can make up for the significant harm he inflicted on these women. We hope the victims in this case continue to heal with each new day that passes. The FBI will continue to work with our law enforcement partners to remove sex traffickers from our communities.”

In February 2018, in a separate case by the Commonwealth of Massachusetts, a Suffolk Superior Court jury convicted Pompilus of multiple counts of trafficking a person for sexual servitude and deriving support from prostitution. He was sentenced to six years in prison and was released in October 2021. In the weeks following his release, Pompilus conspired with others to again target vulnerable women suffering from substance abuse disorders. Once Pompilus identified the victims he could target, he exploited their vulnerabilities — including the fear of suffering from opioid withdrawal — and created a climate of fear to compel these women to engage in commercial sex acts multiple times a day every day of the week. The investigation revealed that sex buyers paid the victims between $100-$200 per commercial sex act, and Pompilus kept all the proceeds for himself.  

At his October 2024 plea hearing, Pompilus admitted to conspiring to exploit four Boston-area women who were suffering with substance abuse disorders and compelled them to engage in commercial sex by using drugs, intimidation, threats of violence and actual physical violence as means to control them. Pompilus also admitted to possessing quantities of cocaine and fentanyl with the intent to distribute these drugs in and around the Boston area.

The FBI Boston Field Office investigated the case, with assistance from the Massachusetts State Police and the Boston and Randolph Police Departments.

Assistant U.S. Attorney Elizabeth Riley for the District of Massachusetts and former Trial Attorney Meghan Tokash of the Civil Rights Division’s Human Trafficking Protection Unit prosecuted the case.

Anyone who has information about human trafficking should report that information to the National Human Trafficking Hotline toll-free at 1-888-373-7888, which is available 24 hours a day, seven days a week. For more information about human trafficking, please visit www.humantraffickinghotline.org. Information on the Justice Department’s efforts to combat human trafficking can be found at www.justice.gov/humantrafficking.