District of New Jersey

NEWARK, N.J. – A New York man today admitted his role in a $38 million employment tax fraud scheme involving nursing homes he owned across the country, U.S. Attorney Philip R. Sellinger announced.

Joseph Schwartz, 64, of Suffern, New York, pleaded guilty before U.S. district Judge Susan D. Wigenton in Newark federal court to two counts of an indictment charging him with willfully failing to pay over employment taxes withheld from employees of his company, and willfully failing to file an annual financial report with the Department of Labor for the employee 401K Benefit Plan Schwartz sponsored.

“Joseph Schwartz admitted to defrauding the United States by failing to pay over to the IRS more than $38 million in payroll taxes. As an employer, Schwartz was required to withhold trust fund taxes from his employees’ paychecks and then dutifully report and turn those monies over to the IRS. Schwartz broke the law when he willfully withheld trust fund taxes from his employees but pocketed the money he had withheld rather than turning it over to the government; he will now be held accountable for his criminal tax violations.”

U.S. Attorney Philip R. Sellinger

“Today’s plea is just one more example of our commitment to investigate and prosecute those who fail to comply with their federal tax obligations,” Tammy Tomlins, IRS – Criminal Investigation Special Agent in Charge of the Newark Field Office, said. “The defendant cheated taxpayers out of more than $38 million by failing to comply with the taxes he was beholden to pay on behalf of his employees. IRS Criminal Investigation will hold accountable individuals who willfully participate in tax fraud schemes.”

“Schwartz admits he willfully failed to pay over employment taxes, basically stealing money from his employees and the IRS,” FBI – Newark Special Agent in Charge James E. Dennehy said. “These taxes are an incredibly important facet of how our government functions, making up a significant portion of revenues brought in by the Treasury Department. Other fraudsters currently committing the same fraud should pay attention to the lesson Schwartz learned the hard way – don't cheat the taxman.” 

According to documents filed in this case and statements made in court:

From Oct. 31, 2017, through May 30, 2018, Schwartz was the owner of Skyline Management Group LLC and related entities with headquarters in New Jersey. Schwartz admitted that he was required to collect, truthfully account for and pay over to the IRS on behalf of employees of Skyline Management Group the trust fund taxes imposed on their employees by the Internal Revenue Service but failed to do so. The total amount of taxes was $38.9 million.

Schwartz admitted he was also an administrator of the Skyline 401K plan and had an obligation to file an annual Form 5500 financial report with the secretary of Labor for calendar year 2018, but knowingly and willfully failed to file the report.

The employment tax fraud count is punishable by a maximum penalty of five years in prison and a $250,000 fine, or twice the gross gain or loss from the offense, whichever is greatest.  The failure to file a Form 5500 related to the retirement plan count carries a maximum potential penalty of 10 years in prison and a $250,000 fine, or twice the gross gain or loss from the offense, whichever is greatest. Sentencing is scheduled for May 22, 2024.

U.S. Attorney Sellinger credited special agents of the IRS-Criminal Investigation, under the direction of Special Agent in Charge Tammy Tomlins in Newark; investigators with the Department of Labor-Employee Benefits Security Administration, under the direction of Regional Director Thomas Licetti in the New York Regional Office; and special agents of the FBI, under the direction of Special Agent in Charge James E. Dennehy, with the investigation leading to today’s guilty plea.

The government is represented by Assistant U.S. Attorney Kendall Randolph of the Criminal Division in Newark and Trial Attorney Shawn Noud of the Justice Department’s Tax Division.

 

schwartz.indictment.pdf

NEWARK, N.J. – A Bronx, New York, man today admitted distributing heroin and fentanyl into New Jersey from two drug mills in the Bronx, which resulted in the death of a 15-month-old child, U.S. Attorney Philip R. Sellinger announced.

Jhan Carlos Capellan Maldonado, 35, pleaded guilty before U.S. District Judge Esther Salas in Newark federal court to a superseding information charging him with one count of distributing heroin and fentanyl from a drug mill in the Bronx in December 2018. Capellan Maldonado admitted that his distribution of fentanyl caused the death of a 15-month-old child.

Capellan Maldonado also pleaded guilty to one count of conspiracy to distribute 400 grams or more of a mixture and substance containing fentanyl from a separate drug mill in the Bronx in February 2019. Six other individuals – Reimon Genao Rosario, 27; Dilson Vazquez Genao, 27; Eddie Urena Rodriguez, 39; Francisco Mercedes Gil, 35; Daury Contreras Ulerio, aka “Majimbou,” 38; and Jose Antonio Vazquez Pena, aka “Tono,” 51 – also of the Bronx, all have previously pleaded guilty to the same charge before Judge Salas.

“The defendant admitted organizing and running a drug distribution operation that prepared and packaged deadly fentanyl and heroin for sale in New Jersey. The defendant’s drug mill directly led to the death of a toddler who was present inside the apartment where this poison was being prepared for distribution. This defendant will now face justice for his role in leading this drug trafficking organization and for causing the death of this 15-month-old child. The fentanyl epidemic has caused enormous pain and suffering to our communities, including the death of the child in this case. This office is committed to combatting this scourge and holding accountable those who traffic in this poison.”

U.S. Attorney Philip R. Sellinger

“The unimaginable tragedy caused by the actions of Jhan Carlos Capellan Maldonado is hard for anyone to fathom,” Homeland Security Investigations - Newark Acting Special Agent in Charge Michael Alfonso said. “The death of a toddler from fentanyl poisoning is heart-breaking and serves as a horrific reminder about the dangers illegal narcotics pose to our communities. HSI and our law enforcement partners remain dedicated to disrupting and dismantling drug trafficking organizations that seek profit at the cost of American lives.”   

According to documents filed in this case and statements made in court:

On Dec. 27, 2018, Capellan Maldonado was operating a drug mill at an apartment in the Bronx where he employed four individuals to store, mix, and package heroin and fentanyl in quantities for distribution into New Jersey. Capellan Maldonado admitted that while the group was preparing the heroin and fentanyl, a 15-month-old child present in the apartment ingested some of the fentanyl and died as a result. The four other individuals have been charged with homicide by the District Attorney’s Office in the Bronx.

In early February 2019, law enforcement officers learned that Capellan Maldonado was again using an apartment in Bronx to store, mix, and package heroin and fentanyl in distribution quantities. Pena stayed at the apartment in order to safeguard the narcotics and narcotics supplies. Maldonado employed five workers at a time – including Rodriguez, Ulerio, Rosario, Gil, and Genao – to assist in preparing the heroin and fentanyl for distribution, which Maldonado then distributed to customers in New Jersey.

On Feb. 27, 2019, law enforcement searched Maldonado’s apartment and found seven individuals inside, including Rodriguez, Ulerio, Rosario, Gil, Maldonado, Pena, and Genao. All seven defendants attempted to escape out a window, and all but one – Rosario – were apprehended and arrested by law enforcement officers waiting outside. Rosario was arrested at a later date. Law enforcement recovered nearly a kilogram of fentanyl from the apartment, along with materials to grind and package fentanyl for distribution.

Capellan Maldonado faces a maximum penalty of 20 years in prison and a $1 million fine on Count One of the superseding information. He faces a mandatory minimum penalty of 10 years in prison, a maximum potential penalty of life in prison, and a $10 million fine on Count Two of the superseding information. Sentencing is scheduled for June 24, 2024.

U.S. Attorney Sellinger credited special agents of HSI Newark, under the direction of Acting Special Agent in Charge Alfonso, and special agents of the Drug Enforcement Administration, New York Division, under the direction of Special Agent in Charge Frank Tarentino, with the investigation leading to today’s guilty plea.

The government is represented by Assistant U.S. Attorney Jason S. Gould, Chief of the Health Care Fraud Unit in Newark.

 

maldonado.sinformation.pdf

NEWARK, N.J. – A New York man today admitted illegally possessing cocaine and fentanyl for distribution, U.S. Attorney Philip R. Sellinger announced.

Isidro Fernandez, 35, New York, pleaded guilty to before U.S. District Judge Katharine S. Hayden in Newark federal court to an information charging him with one count of possession with intent to distribute controlled substances.

According to documents filed in this case and statements made in court:

On Feb. 26, 2021, law enforcement officers recovered a total of over 5 kilograms of cocaine and over 3 kilograms of fentanyl from a Passaic County residence occupied by Fernandez and from a vehicle that was seen leaving the residence. Fernandez admitted possessing the controlled substances with the intent to distribute.

The narcotics offense carries a maximum potential penalty of 20 years in prison, and a fine of $1 million. Sentencing is scheduled for May 2, 2024.

U.S. Attorney Sellinger credited the New York Drug Enforcement Task Force, which comprises special agents and task force officers of the Drug Enforcement Administration, New York City Police Department, and New York State Police, with the investigation leading to today’s guilty plea.

The government is represented by Assistant U.S. Attorney Chelsea D. Coleman of the Opioid Abuse Prevention and Enforcement Unit in Newark.

 

fernandez.information.pdf

Columbus LTACH, doing business as Silver Lake Hospital (Silver Lake), a long-term care hospital based in Newark, New Jersey, has agreed to pay over $18.6 million, plus interest, to resolve alleged False Claims Act violations for claiming excessive cost outlier payments from the Medicare program. In addition, certain Silver Lake investors have agreed to pay $12 million, plus interest, to resolve alleged Federal Debt Collection Procedures Act (FDCPA) violations for the fraudulent transfer of money by the hospital to its investors. The settlement amounts will be paid over a five year period, and the Silver Lake payment was negotiated based on the hospital’s lack of ability to pay.

In addition to its standard payment system, Medicare provides supplemental reimbursement to hospitals called “cost outlier” payments in cases where the cost of care is unusually high. Congress enacted the supplemental outlier payment system to ensure that hospitals possess the incentive to treat inpatients whose care may be unusually expensive. These cost outlier payments are made based on a formula set forth in the relevant regulations that attempt to adjust a hospital’s charges to the hospital’s costs by multiplying the hospital’s current charges by the hospital’s cost-to-charge ratios derived from the hospital’s previously submitted cost reports. Because the previously submitted cost reports may not reflect the hospital’s current cost to charge ratios, the Medicare program also provides for a retrospective reconciliation process, whereby after the hospital’s cost-to-charge ratio for the applicable time period is finalized, the hospital may be required to pay back excessive outlier payments that it received. This settlement resolves allegations that Silver Lake improperly distorted the cost outlier payment system by rapidly increasing its charges well in excess of any increase in its costs and far beyond what the hospital had the financial ability to repay once its Medicare cost reports were reconciled to account for these charge increases.

The settlement also resolves allegations that Silver Lake transferred millions of dollars in the hospital’s money to its investors without receiving equivalent value in return, at a time when the hospital had reason to believe that it would not be able to repay its debts to the Medicare program. The United States alleged that such conduct violated the FDCPA.

According to the settlement agreement with the United States, the payments made to resolve the United States’ FDCPA allegations will be made by Dr. Richard Lipsky, Silver Lake’s principal investor, and Columbus Management South LLC, an entity through which other Silver Lake investors received cash distributions from the hospital.

“Cost-outlier payments were intended to ensure that hospitals would provide care to all patients requiring their services,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “These payments were not intended to serve as a private source of enrichment for hospitals unrelated to the actual costs incurred in providing such care.”

“Medicare serves to ensure that patients get necessary care, including when that care is very expensive,” said U.S. Attorney Philip R. Sellinger for the District of New Jersey. “Medicare is not there for hospitals and their investors to gain unwarranted financial windfalls. As alleged, this hospital falsely reported its costs to Medicare for years and reaped millions in unjustified payments. Along with our partners, this office is committed to protecting the Medicare system from all forms of fraud schemes.”

“This settlement underscores the FBI's commitment to investigating fraudulent activity in the health care industry,” said Assistant Director Michael Nordwall of the FBI's Criminal Investigative Division. “The FBI and our law enforcement partners will continue to investigate hospitals who deceptively bill federal health care programs and prioritize investor enrichment at the expense of taxpayers.”

“When a hospital submits false information to seek higher reimbursements, it can affect the availability of funds and services for others and drive up the cost of taxpayer-funded health care,” stated Special Agent in Charge Naomi Gruchacz of the Department of Health and Human Services Office of Inspector General (HHS-OIG). “HHS-OIG will continue to work with our law enforcement partners to ensure that health care providers are held accountable if they attempt to exploit federal health care programs.”

This settlement was the result of a coordinated effort by the Justice Department's Civil Division, U.S. Attorney’s Office for the District of New Jersey, HHS-OIG's Office of General Counsel and the FBI.   

The matter was handled by Trial Attorney Daniel Spiro of the Civil Division's Fraud Section and Assistant U.S. Attorney Paul Kaufman for the District of New Jersey.

The investigation and resolution 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 800-HHS-TIPS (800-447-8477).

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

Settlement

NEWARK, N.J. – A New Jersey hospital and certain of its investors have agreed to pay $30.6 million to resolve alleged False Claims Act and Federal Debt Collection Procedures Act violations, U.S. Attorney Philip R. Sellinger announced today.

Columbus LTACH d/b/a Silver Lake Hospital (Silver Lake), a long-term care hospital based in Newark, has agreed to pay over $18.6 million, plus interest, to resolve alleged False Claims Act violations for claiming excessive cost outlier payments from the Medicare program.  Certain Silver Lake investors have agreed to pay $12 million, plus interest, to resolve alleged Federal Debt Collection Procedures Act (FDCPA) violations for the fraudulent transfer of money by the hospital to its investors. The settlement amounts will be paid over a five-year period; the Silver Lake payment was negotiated based on the hospital’s lack of ability to pay.

“Medicare serves to ensure that patients get necessary care, including when that care is very expensive. Medicare is not there for hospitals and their investors to gain unwarranted financial windfalls. As alleged, this hospital falsely reported its costs to Medicare for years and reaped millions in unjustified payments. Along with our partners, this Office is committed to protecting the Medicare system from all forms of fraud schemes.”  

U.S. Attorney Philip R. Sellinger

“Cost-outlier payments were intended to ensure that hospitals would provide care to all patients requiring their services,” Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division, said. “These payments were not intended to serve as a private source of enrichment for hospitals unrelated to the actual costs incurred in providing such care.”

“The Medicare outlier payment program is designed to provide hospitals with reimbursement for situations where extraordinarily costly patient care is needed,” FBI-Newark Special Agent in Charge James E. Dennehy said. “Instead of using the outlier payment program as intended, Silver Lake was caught fraudulently obtaining enhanced reimbursements from Medicare they were not entitled. Whatever magic trick or sleight of hand hospitals attempt to use to perpetrate fraud, the FBI and our law enforcement partners will diligently investigate and recover any ill-gotten gains.”

“When a hospital submits false information to seek higher reimbursements, it can affect the availability of funds and services for others and drive up the cost of taxpayer-funded health care,” Special Agent in Charge Naomi Gruchacz for the Department of Health and Human Services Office of Inspector General (HHS-OIG) said. “HHS-OIG will continue to work with our law enforcement partners to ensure that health care providers are held accountable if they attempt to exploit federal health care programs.”

In addition to its standard payment system, Medicare provides supplemental reimbursement to hospitals – called “cost outlier” payments – in cases where the cost of care is unusually high. Congress enacted the supplemental outlier payment system to ensure that hospitals possess the incentive to treat inpatients whose care may be unusually expensive. These cost outlier payments are made based on a formula set forth in the relevant regulations that attempt to adjust a hospital’s charges to the hospital’s costs by multiplying the hospital’s current charges by the hospital’s cost-to-charge ratios derived from the hospital’s previously submitted cost reports. Because the previously submitted cost reports may not reflect the hospital’s current cost-to-charge ratios, the Medicare program also provides for a retrospective reconciliation process, whereby after the hospital’s cost-to-charge ratio for the applicable time period is finalized, the hospital may be required to pay back excessive outlier payments that it received.

This settlement resolves allegations that Silver Lake improperly distorted the cost outlier payment system by rapidly increasing its charges well in excess of any increase in its costs and far beyond what the hospital had the financial ability to repay once its Medicare cost reports were reconciled to account for these charge increases.

The settlement also resolves allegations that Silver Lake transferred millions of dollars in the hospital’s money to its investors without receiving equivalent value in return, at a time when the hospital had reason to believe that it would not be able to repay its debts to the Medicare program. The United States alleged that such conduct violated the FDCPA.

According to the settlement agreement, the payments made to resolve the United States’ FDCPA allegations will be made by Dr. Richard Lipsky, Silver Lake’s principal investor, and Columbus Management South LLC, an entity through which other Silver Lake investors received cash distributions from the hospital. 

This settlement was the result of a coordinated effort by the U.S. Attorney’s Office for the District of New Jersey; the Civil Division of the U.S. Department of Justice; the Department of Health and Human Services, Office of Counsel to the Inspector General, Office of Investigations, and Office of General Counsel; and the FBI.

The government is represented by Assistant U.S. Attorney Paul Kaufman for the District of New Jersey and Civil Fraud Section attorney Daniel Spiro.

The investigation and resolution 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 800-HHS-TIPS (800-447-8477).

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

 

silverlake.settlementagreement.pdf

NEWARK, N.J. – A Hudson County, New Jersey, man was charged with possessing and distributing images of child sexual abuse, U.S. Attorney Philip R. Sellinger announced today.

Brandon Tyler Mooney, 26, of Bayonne, New Jersey, is charged by complaint with one count of possession and one count of distribution of child pornography. Mooney was arrested on Jan. 11, 2024, made his initial appearance today before U.S. Magistrate Judge José R. Almonte in Newark federal court, and was detained.

According to documents filed in this case and statements made in court:

From as early as June 2023, Mooney exchanged child pornography with another individual by way of a cloud-based instant messaging platform. On Dec. 19, 2023, Mooney sent multiple images and videos, including content that appears to involve sexual images of children under the age of 12, to an undercover law enforcement official. Law enforcement officials found in Mooney’s possession over 600 images that appear to depict child sexual abuse.

The charge of possession of child pornography carries a maximum penalty of 20 years in prison and a $250,000 fine. The charge of distribution of child pornography carries a mandatory minimum penalty of five years in prison, a maximum penalty of 20 years in prison, and a $250,000 fine.

U.S. Attorney Sellinger credited the Newark Child Exploitation and Human Trafficking Task force, under the direction of FBI Special Agent in Charge James E. Dennehy in Newark, the Bayonne Police Department, under the direction of Chief of Police Robert Geisler, and the Hudson County Prosecutor’s Office, under the direction of Prosecutor Esther Suarez, with the investigation leading to the charges.

The government is represented by Assistant U.S. Attorney Robert Taj Moore of the General Crimes Unit in Newark.

The charges and allegations contained in the complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.

 

mooney.complaint.pdf

NEWARK, N.J. – A Passaic County, New Jersey, man was arrested today in connection with his role in embezzling approximately $2.9 million from an elderly couple, U.S. Attorney Philip R. Sellinger announced today.

Charles Gallo, 34, of Hawthorne, New Jersey is charged by complaint with one count of wire fraud. He appeared today before U.S. Magistrate Judge José R. Almonte and was released on $100,000 unsecured bond.

According to documents filed in this case and statements made in court:

In 2018 an elderly New Jersey couple hired Gallo to work as a part-time personal assistant at their residence. Gallo’s duties included managing the victims’ monthly bills and banking and assisting them with email and other computer/technology-related issues. From March 2022 through March 2023, Gallo, used his position to engage in a fraudulent scheme to misappropriate approximately $2.9 million from the victims’ accounts. Gallo accomplished this fraud by routinely using the victims’ ATM card to withdraw large amounts of money, opening a line of credit, cashing checks made payable to himself drawn on the victims’ bank accounts, and using the victims’ credit cards to purchase computer equipment, gaming systems, collectible items from online retailers, and other unauthorized transactions.

The wire fraud charge carries a maximum potential penalty of 20 years in prison and a $250,000 fine, or twice the gross gain or loss from the offense, whichever is greatest.

U.S. Attorney Sellinger credited postal inspectors of the U.S. Postal Inspection Service in Newark, under the direction of Christopher A. Nielsen, Philadelphia Division; special agents of the U.S. Attorney’s Office for the District of New Jersey, under the direction of Special Agent in Charge Thomas Mahoney; and the Hawthorne Police Department, under the direction of Chief James Knepper, with the investigation leading to the charge. He also thanked the Ridgewood Police Department under the direction of Chief Forest R. Lyons for its assistance in the investigation.

The government is represented by Assistant U.S. Attorney Shontae D. Gray of the Economic Crimes Unit in Newark.

The charge and allegations contained in the complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.

 

gallo.complaint.pdf

NEWARK N.J. – A New York man was indicted today for conspiring to illegally obtain over $444,000 in COVID-19 unemployment benefits, U.S. Attorney Philip R. Sellinger announced.

Jose Tavares, 35, of Bronx New York, is charged by indictment with one count of conspiracy to commit wire fraud. Tavares’ alleged conspirators, Yanira Abreu, 42, of Keasby, New Jersey, and Christopher Valerio, 33, of Perth Amboy, New Jersey, have each previously pleaded guilty in the same scheme. 

According to documents filed in this case and statements made in court:

From July 2020 through February 2021, Tavares, Valerio, Abreu and others submitted false and fraudulent applications for unemployment insurance benefits to the New York Department of Labor (NYDOL) through fictitious online profiles that they created using personally identifiable information, including names, dates of birth, and Social Security numbers, of other individuals without their consent. Once the NYDOL processed and approved the fraudulent applications, Tavares and his conspirators obtained debit cards with illegally obtained funds totaling $444,738, which they used for personal gain. 

The wire fraud charge carries a maximum penalty of 20 years in prison and a maximum fine of $250,000, or twice the gross gain to the defendant or gross loss to the victim, whichever is greatest.

U.S. Attorney Sellinger credited special agents of Homeland Security Investigations Newark, under the direction of Acting Special Agent in Charge Michael Alfonso; special agents of the U.S. Department of Labor, Office of Inspector General, Northeast Region, under the direction of Special Agent in Charge Jonathan Mellone, and postal inspectors of the U.S. Postal Inspection Service, under the direction of Inspector in Charge Christopher A. Nielsen, Philadelphia Division, with the investigation leading to today’s indictment.  

The government is represented by Assistant U.S. Attorney Fatime Meka Cano of the Economic Crimes Unit in Newark.

The District of New Jersey COVID-19 Fraud Enforcement Strike Force is one of five strike forces established throughout the United States by the U.S. Department of Justice to investigate and prosecute COVID-19 fraud. The strike forces focus on large-scale, multi-state pandemic relief fraud perpetrated by criminal organizations and transnational actors. The strike forces are interagency law enforcement efforts, using prosecutor-led and data analyst-driven teams designed to identify and bring to justice those who stole pandemic relief funds.

Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.

The charge and allegations in the indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.

 

tavares.indictment.pdf

NEWARK, N.J. – Eleven members of the Jersey City gang associated with the Marion Gardens Housing Complex were indicted today for their roles in a violent racketeering conspiracy and a drug trafficking conspiracy, U.S. Attorney Philip R. Sellinger announced.

The indictment charges Myron Williams, aka “Money,” aka “Tunchi,” 30, of Newark; Khalil Kelley, aka “Billski,” 24, of Jersey City; Herbert Thomas, 48, of Jersey City; Roger Pickett, aka “Zy Gz,” 23, of Jersey City; Andre Alomar, aka “Dre8,” 22, of Newark; Anthony Rogers, aka “MG,” 23, of Jersey City; Naim Richardson, aka “Ninicks,” 30, of Jersey City; Quaseame Wilson, aka “Qua Gz,” 27, of Jersey City; Javon Williams, aka “J45,” 26, of Jersey City; Jawaad Davis, 21, of Jersey City; and Keith Anderson, aka “Beef3,” 21, of Jersey City.

“These charges are the most recent example of this office’s commitment to stopping violent crime in Jersey City and elsewhere in New Jersey. As we continue to demonstrate, we are tirelessly committed to working with our federal, state and local partners to bring to justice those who wreak havoc in our communities by allegedly committing senseless acts of violence. We commend the work of the Hudson County Prosecutor’s Office’s Gang Intelligence Unit and the Bureau of Alcohol, Tobacco, Firearms and Explosives.” 

U.S. Attorney Philip R. Sellinger

“The Hudson County Prosecutor’s Office is committed to utilizing all resources necessary to curb violent crime within our jurisdiction,” Hudson County Prosecutor Esther Suarez said. “These indictments underscore the importance of working collaboratively with law enforcement at all levels to ensure our communities are safe for everyone. We appreciate our local, state, and federal partners for their efforts in seeing that justice is served in these matters.”

“Acts of gang violence are a grim reminder of why investigating and combatting violent crime is a top priority for ATF and our law enforcement partners,” Bureau of Alcohol, Tobacco, Firearms and Explosives Special Agent in Charge Bryan Miller said. “These charges demonstrate our continued commitment to protecting the public, and that alleged actions like this will not be tolerated. We are dedicated to working with our local and state partners to hold violent offenders accountable and secure the safety of our communities.”

According to documents filed in this case and statements made in court:

Myron Williams, Kelley, Pickett, Alomar, Rogers, Richardson, Wilson, Javon Williams, Davis, and Anderson are all members and associates of the neighborhood street gang associated with the Marion Gardens Housing Complex. Since 2020, they have committed numerous acts of violence, including three separate murders, on March 29, 2021, Nov. 20, 2021, and Nov. 1, 2022.

On March 29, 2021, Kelley, Alomar, and other gang members lured a rival gang member outside by sending him Instagram messages pretending to be the victim’s fellow gang member.  When the victim opened the door to his residence, Kelley and Alomar brandished firearms and Kelley shot the victim multiple times in the chest, killing him. Pickett and another gang member then picked up Kelley, Alomar, and the driver of the murder vehicle after they abandoned the murder vehicle in Newark.

On Nov. 20, 2021, Myron Williams, Pickett, and other gang members lured a rival gang member outside by sending him Instagram messages pretending to be the second victim’s fellow gang member. Myron Williams and another gang member shot the victim when he opened the door to his residence.

On Nov. 21, 2022, Davis facilitated the murder of the third victim by coordinating a narcotics transaction with the victim and an associate of the victim. When the victim and his associate arrived at the Marion Gardens Housing Complex to complete the narcotics transaction, Davis robbed the victim’s narcotics supply while Pickett and Wilson held the victim and his associate at gunpoint. After a struggle ensued, Pickett shot and killed the victim while his associate fled. Pickett and Wilson then fled the Marion Gardens Housing Complex in Pickett’s vehicle.

Investigators observed and documented hundreds of narcotics transactions in and around the Marion Gardens Housing Complex during the months-long investigation.   

The investigation revealed that Thomas was the primary supplier of narcotics to the Marion Gardens drug trafficking organization. When Thomas, Myron Williams, Richardson, and Rogers, were arrested on March 17, 2023, they all possessed controlled substances packaged for distribution; Thomas also possessed a loaded firearm and both Myron Williams and Richardson possessed ammunition.

In June 2021, eight other members and associates of the Marion Gardens neighborhood street gang were indicted on racketeering charges, violent crimes in aid of racketeering, drug trafficking, and firearms offenses. 

U.S. Attorney Sellinger credited investigators of the Gang Intelligence Unit of the Major Case Division of Hudson County Prosecutor’s Office, under the direction of Prosecutor Esther Suarez and Chief of Detectives James A. Parker, and special agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent in Charge Bryan Miller, with the investigation leading to the charges. He also thanked investigators of the Jersey City Police Department, under the direction of Director James Shea, for their assistance.

This investigation was conducted as part of the Jersey City Violent Crime Initiative (VCI). The VCI was formed in 2018 by the U.S. Attorney’s Office for the District of New Jersey, the Hudson County Prosecutor’s Office, and the Jersey City Police Department, for the sole purpose of combatting violent crime in and around Jersey City.  As part of this partnership, federal, state, county, and city agencies collaborate to strategize and prioritize the prosecution of violent offenders who endanger the safety of the community.  The VCI is composed of the U.S. Attorney’s Office, the FBI, the ATF, the Drug Enforcement Administration’s (DEA) New Jersey Division, the U.S. Marshals, the Jersey City Police Department, the Hudson County Prosecutor’s Office, the Hudson County Sheriff’s Office, New Jersey State Parole, the Hudson County Jail, and the New Jersey State Police Regional Operations and Intelligence Center/Real Time Crime Center.

The government is represented by Assistant U.S. Attorney Desiree Grace, Deputy Chief of the Criminal Division in Newark.

The charges and allegations contained in the superseding indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.

Count

Defendant

Offense

Maximum Penalties

1

Myron Williams

Roger Pickett

Khalil Kelley

Quaseame Wilson

Javon Williams

Naim Richardson

Andre Alomar

Jawaad Davis

Anthony Rogers

Keith Anderson

RICO Conspiracy

 

Life imprisonment;

$250,000 fine

2

Roger Pickett

Quaseame Wilson

Jawaad Davis

Hobbs Act Robbery

 

20 years’ imprisonment;

$250,000 fine

3

Roger Pickett

Quaseame Wilson

Jawaad Davis

Discharging a Firearm During and in Relation to a Crime of Violence

 

Life imprisonment;

10-year mandatory minimum;

$250,000 fine

4

Roger Pickett

Quaseame Wilson

Jawaad Davis

Causing Death with Use of a Firearm

 

Life imprisonment;

$250,000 fine

5

Myron Williams

Roger Pickett

Khalil Kelley

Quaseame Wilson

Javon Williams

Naim Richardson

Andre Alomar

Jawaad Davis

Anthony Rogers

Keith Anderson

Herbert Thomas

Drug Conspiracy

Life imprisonment;

10-year mandatory minimum;

$10 million fine

6

Myron Williams

Unlawful Possession of Ammunition

 

15 years’ imprisonment;

$250,000 fine

7

Myron Williams

Possession with Intent to Distribute Controlled Substances

20 years’ imprisonment;

$1 million fine

8

Herbert Thomas

Unlawful Possession of a Firearm and Ammunition

15 years’ imprisonment;

$250,000 fine

9

Herbert Thomas

Possession with Intent to Distribute Controlled Substances

20 years’ imprisonment;

$1 million fine

10

Herbert Thomas

Possession of a Firearm in Furtherance of Drug Trafficking

Life imprisonment;

5-year mandatory minimum;

$250,000 fine

11

Naim Richardson

Unlawful Possession of Ammunition

 

15 years’ imprisonment;

$250,000 fine

12

Naim Richardson

Possession with Intent to Distribute Controlled Substances

 

20 years’ imprisonment;

$1,000,000 fine

24-014

 

mariongardens.sincidtment.pdf

NEWARK, N.J. – A Somerset County, New Jersey, man was sentenced today to 120 months in prison for possessing multiple images and videos of child sexual abuse, U.S. Attorney Philip R. Sellinger announced.

John Schulenburg, 68, of Basking Ridge, New Jersey, previously pleaded guilty by videoconference before U.S. District Judge John Michael Vazquez to a superseding information charging him with possession of child pornography. U.S. District Judge Brian R. Martinotti imposed the sentence today in Newark federal court. Schulenburg was previously convicted of endangering the welfare of a child/possession of child pornography in Somerset County in 2013. For a repeat offender, the charge of possession of child pornography carries a mandatory minimum term of 10 years in prison.

According to documents filed in this case and statements made in court:

In July 2019, an undercover law enforcement officer conducted an online session using a publicly available peer-to-peer program, which allows internet users to trade digital files. During this session, a user shared multiple files featuring images of child sexual abuse from an internet address traced to Schulenburg’s residence. On Nov. 6, 2019, law enforcement lawfully obtained a computer from Schulenburg’s residence that contained hundreds of images and videos of child sexual abuse, including images of prepubescent children.

In addition to the prison term, Judge Martinotti sentenced Schulenburg to five years of supervised release and ordered to pay $58,000 in restitution.

U.S. Attorney Sellinger credited special agents with the Newark Child Exploitation and Human Trafficking Task Force, under the direction of FBI Special Agent in Charge James E. Dennehy in Newark, with the investigation leading to today’s sentencing. He also thanked the Somerset County Prosecutor’s Office for its assistance.

The government is represented by Assistant U.S. Attorney Shawn Barnes of the U.S. Attorney’s Office Criminal Division in Newark.

NEWARK, N.J. – A Passaic County, New Jersey, man today admitted his role in embezzling funds from clients of his bookkeeping business, U.S. Attorney Philip R. Sellinger announced today.

Richard Winter, 53, of Pompton Lakes, pleaded guilty before U.S. District Judge Esther Salas in Newark federal court to an information charging him with one count of wire fraud and one count tax evasion.

According to documents filed in this case and statements made in court:

From January 2016 through December 2019, Winter, while serving as a bookkeeper for various companies, devised a scheme to fraudulently misappropriate hundreds of thousands of dollars from his clients. Winter accomplished this fraud by authorizing bank wire transfers from the victim companies, diverting vendor payments to his own bank accounts through an online payment portal, and issuing checks payable to “cash” from the victim companies and depositing those checks into his bank accounts. Winter failed to file tax returns reporting the income he received from his fraud for tax years 2016 through 2019.

The wire fraud charge carries a maximum potential penalty of 20 years in prison and a $250,000 fine, or twice the gross gain or loss from the offense, whichever is greatest. The tax evasion charge carries a maximum potential penalty of five years in prison and a $100,000 fine, or twice the gross gain or loss from the offense. Sentencing is scheduled for July 9, 2024.

U.S. Attorney Sellinger credited U.S. Postal Inspection Service in Newark, under the direction of Inspector in Charge Christopher A. Nielsen, Philadelphia Division; and special agents of IRS-Criminal Investigation, under the direction of Special Agent in Charge Tammy Tomlins in Newark, with the investigation leading to the today’s guilty plea.

The government is represented by Assistant U.S. Attorney Shontae D. Gray of the Economic Crimes Unit in Newark.

 

winter.information.pdf

NEWARK, N.J. – A clinical laboratory and its owner and chief executive officer have agreed to pay $13.25 million to resolve False Claims Act allegations involving illegal kickbacks and medically unnecessary laboratory testing, U.S. Attorney Philip R. Sellinger announced today.

RDx Bioscience Inc. (RDx), of Kenilworth, New Jersey, and its owner and chief executive officer, Eric Leykin, of Brooklyn, New York, agreed to pay the United States $10.32 million and will pay an additional $2.93 million to the state of New Jersey. RDx and Leykin have agreed to cooperate with the Department of Justice’s investigations of, and litigation against, other participants in the alleged schemes.

“Kickbacks have no place in our healthcare system. Patients need to trust that health care referrals are made in their best interests, not in the interests of lining someone else’s pockets. We have pursued and will continue to pursue laboratories that enter into unlawful financial arrangements that waste taxpayer dollars and improperly influence healthcare providers.”

U.S. Attorney Philip R. Sellinger

“Regardless of how they are disguised, kickbacks for laboratory referrals are illegal and can corrupt medical providers’ decision making and subject patients to expensive and unnecessary testing,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “We will hold accountable individuals and entities who participate in kickback schemes that harm taxpayers and threaten the integrity of federal healthcare programs.”

“This settlement demonstrates our commitment to ensuring that health care providers are not permitted to induce referrals, thereby causing unnecessary medically testing,” Special Agent in Charge Naomi Gruchacz of the Department of Health and Human Services Office of Inspector General (HHS-OIG), said.  “The defendants in this case disguised payments, which is a violation of the Anti-Kickback Statute.”

The Anti-Kickback Statute prohibits offering, paying, soliciting, or receiving remuneration to induce referrals of items or services covered by Medicare, Medicaid, and other federally funded healthcare 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. Claims that are knowingly submitted in violation of the Anti-Kickback Statute are ineligible for payment and can violate the False Claims Act. 

The settlement announced today resolves allegations concerning five types of kickbacks paid to induce referrals to RDx for laboratory testing:

• From 2018 to 2022, RDx and Leykin allegedly paid commissions based on the volume and value of Medicare and Medicaid referrals to independent contractor marketers to arrange for and recommend that healthcare providers order RDx laboratory tests.

• From 2018 to 2022, RDx marketer Corum Group LLC allegedly paid healthcare providers thousands of dollars in purported management services organization (MSO) payments, which were disguised as investment returns but actually were offered to induce the providers to order RDx laboratory tests.

• From 2017 to 2023, RDx marketers BeauMed Consultants LLC and Ralston Health Group Inc. allegedly paid thousands of dollars to healthcare providers that were disguised as consulting or medical director fees but were actually offered to induce orders, among other things, for RDx laboratory tests.

• From 2019 to 2020, RDx marketer Seaworthy Recovery Services Inc. allegedly paid thousands of dollars in kickbacks to one or more principals of certain substance abuse recovery centers to induce their referrals to RDx for laboratory testing.

• RDx and Leykin allegedly paid specimen collection fees to the staff members of referring healthcare providers to induce those providers to order RDx laboratory testing.

The settlement resolves allegations that RDx and Leykin billed or caused Medicare and Medicaid to be billed for the tests despite paying or knowing of these kickbacks.

In addition, from 2017 to 2023, RDx and Leykin allegedly submitted or caused false claims to be submitted to Medicare and Medicaid for laboratory tests that were not reasonable and necessary; not covered because they were identical orders of urine drug testing panels for all patients within a clinician’s practice without individualized decision-making; or not covered because they were improperly duplicative of other claims for urine drug testing for the same date of service, the same patient, and the same drugs.

The settlements were the result of a coordinated effort between the U.S. Attorney’s Office for the District of New Jersey and the Civil Division’s Commercial Litigation Branch, Fraud Section, with assistance from HHS-OIG.

The government is represented by Assistant U.S. Attorney Kruti Dharia of the U.S. Attorney’s Office, District of New Jersey, Opioid Abuse Prevention and Enforcement Unit and Senior Trial Counsel Christopher Terranova in the Civil Division’s Commercial Litigation Branch (Fraud Section).

The government’s pursuit of these matters 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 1-800-HHS-TIPS (800-447-8477).

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

 

rdx.settlement.pdf

Clinical laboratory RDx Bioscience Inc. (RDx), of Kenilworth, New Jersey, and its owner and Chief Executive Officer Eric Leykin, of Brooklyn, New York, have agreed to pay to the United States $10,315,023 to resolve False Claims Act allegations involving illegal kickbacks and medically unnecessary laboratory testing. RDx and Leykin will pay an additional $2,934,977 to the State of New Jersey, which jointly funded claims paid by the New Jersey Medicaid program. RDx and Leykin have agreed to cooperate with the Justice Department’s investigations of, and litigation against, other participants in the alleged schemes.

“Regardless of how they are disguised, kickbacks for laboratory referrals are illegal and can corrupt medical providers’ decision making and subject patients to expensive and unnecessary testing,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “We will hold accountable individuals and entities who participate in kickback schemes that harm taxpayers and threaten the integrity of federal healthcare programs.”

The Anti-Kickback Statute prohibits offering, paying, soliciting or receiving remuneration to induce referrals of items or services covered by Medicare, Medicaid and other federally funded healthcare 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. Claims that are knowingly submitted in violation of the Anti-Kickback Statute are ineligible for payment and can violate the False Claims Act. 

The settlement announced today resolves allegations concerning five types of kickbacks paid to induce referrals to RDx for laboratory testing. First, from 2018 to 2022, RDx and Leykin allegedly paid commissions based on the volume and value of Medicare and Medicaid referrals to independent contractor marketers to arrange for and recommend that healthcare providers order RDx laboratory tests. Second, from 2018 to 2022, RDx marketer Corum Group LLC allegedly paid healthcare providers thousands of dollars in purported management services organization (MSO) payments, which were disguised as investment returns but actually were offered to induce the providers to order RDx laboratory tests. Third, from 2017 to 2023, RDx marketers BeauMed Consultants LLC and Ralston Health Group Inc. allegedly paid thousands of dollars to healthcare providers that were disguised as consulting or medical director fees but were actually offered to induce orders, among other things, for RDx laboratory tests. Fourth, from 2019 to 2020, RDx marketer Seaworthy Recovery Services Inc. allegedly paid thousands of dollars in kickbacks to one or more principals of certain substance abuse recovery centers to induce their referrals to RDx for laboratory testing. Fifth, RDx and Leykin allegedly paid specimen collection fees to the staff members of referring healthcare providers to induce those providers to order RDx laboratory testing. The settlement resolves allegations that RDx and Leykin billed or caused Medicare and Medicaid to be billed for the tests despite paying or knowing of these kickbacks.

In addition, from 2017 to 2023, RDx and Leykin allegedly submitted or caused false claims to be submitted to Medicare and Medicaid for laboratory tests that were not reasonable and necessary; not covered because they were identical orders of urine drug testing panels for all patients within a clinician’s practice without individualized decision-making; or not covered because they were improperly duplicative of other claims for urine drug testing for the same date of service, the same patient, and the same drugs.

“Kickbacks have no place in our healthcare system,” said U.S. Attorney Phillip R. Sellinger for the District of New Jersey. “Patients need to trust that health care referrals are made in their best interests, not in the interests of lining someone else’s pockets. We have pursued and will continue to pursue laboratories that enter into unlawful financial arrangements that waste taxpayer dollars and improperly influence healthcare providers.”

“This settlement demonstrates our commitment to ensuring that health care providers are not permitted to induce referrals, thereby causing unnecessary medically testing,” said Special Agent in Charge Naomi Gruchacz of the Department of Health and Human Services Office of Inspector General (HHS-OIG).  “The defendants in this case disguised payments, which is a violation of the Anti-Kickback Statute.”

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 District of New Jersey, with assistance from HHS-OIG.

Senior Trial Counsel Christopher Terranova of the Civil Division’s Commercial Litigation Branch, Fraud Section and Assistant U.S. Attorney Kruti Dharia for the District of New Jersey handled the settlement.

The United States has recovered over $46 million relating to conduct involving MSO kickbacks to healthcare providers, including False Claims Act settlements with 43 physicians, three laboratories, five medical practices, three healthcare executives and one office manager.

The government’s pursuit of these matters 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 HHS 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.

Settlement

NEWARK, N.J. – A Hudson County, New Jersey, man today admitted possessing images of child sexual abuse and committing naturalization fraud, U.S. Attorney Philip R. Sellinger announced.

Ramy Mercado, 29, of Jersey City, New Jersey, pleaded guilty before Judge Claire C. Cecchi to an information charging him with one count of possession of child pornography and one count of naturalization fraud.

According to documents filed in this case and statements made in court:

From June 2022 to October 2022, Mercado used his cell phone to transmit more than 20 video files depicting the sexual abuse of minors, including infants or toddlers. Mercado also used his cell phone to communicate his desire for sexual encounters with young children. 

During this time, Mercado applied for and obtained U.S. citizenship and stated under penalty of perjury that since his citizenship interview, he had not committed any crime or offense for which he had not been arrested. In fact, Mercado had illegally possessed child pornography.  Mercado became a naturalized U.S. citizen on June 22, 2023.

The count of possession of child pornography carries a maximum penalty of 20 years in prison, and a fine of $250,000. The count of naturalization fraud carries a maximum penalty of 10 years in prison, and a fine of $250,000. Sentencing is scheduled for May 22, 2024.

U.S. Attorney Sellinger credited special agents of Homeland Security Investigations Newark, under the direction of Acting Special Agent in Charge Michael Alfonso, with the investigation leading to the charges.

The government is represented by Assistant U.S. Attorney Matthew Specht of the Opioid Abuse Prevention and Enforcement Unit in Newark.

 

mercado.information_0.pdf

NEWARK, N.J. – An Essex County man was sentenced today to time already served – 20 months – for conspiring to commit mortgage fraud, U.S. Attorney Philip R. Sellinger announced. 

Cabral Simpson, 47, of Orange, New Jersey, previously pleaded guilty before U.S. District Judge Kevin McNulty to Count One of an indictment charging him with conspiring to commit wire fraud. U.S. District Judge Julien X. Neals imposed the sentence today in Newark federal court.

According to documents filed in the case and statements made in court:

Simpson, a real estate investor, and his conspirators engaged in mortgage fraud by creating fake bank statements and fake employee verification records for buyers of properties and transferring money into the buyers’ bank accounts for payment of the deposit for a property. Simpson and his conspirators submitted fraudulent mortgage loan applications, supporting documents, and closing documents on behalf of the buyers. They also induced lenders to issue more than $1 million in loans, resulting in defaults and exposing the lenders and the U.S. Department of Housing and Urban Development to more than $1 million in losses.

In addition to the prison term, Judge Neals sentenced Simpson to two years of supervised release and ordered restitution of $1.29 million.

U.S. Attorney Sellinger credited special agents of the U.S. Department of Housing and Urban Development – Office of the Inspector General, under the direction of Special Agent in Charge Janine Rocheleau in Newark, with the investigation leading to today’s sentencing.

The government is represented by Assistant U.S. Attorney Andrew Kogan of the U.S. Attorney’s Office Cybercrime Unit in Newark. 

NEWARK, N.J. – A Canadian national was charged today with distribution and importation of fentanyl to the United States, U.S. Attorney Philip R. Sellinger announced.

Michael C. Wozney, 38, of Etobicoke, Ontario, Canada is charged by a 14-count indictment with seven counts of distribution of and possession with intent to distribute a controlled substance and seven counts of importation of a controlled substance into the United States.

According to documents filed in this case and statements made in court:

From June 2019 through September 2020, Wozney was a vendor of fentanyl on the dark net – a part of the internet not accessible by most internet browsers and designed to allow users to conduct transactions anonymously. Wozney sold fentanyl on multiple dark net marketplaces, including Empire Market, where Wozney completed hundreds of transactions. Wozney shipped fentanyl to individuals in the United States, including individuals in New Jersey.

Wozney advertised the sale of numerous fentanyl products, including substances that he described as “close to pure” and “DANGEROUS LEVEL.” Wozney shipped his customers’ fentanyl orders in a manner that was designed to evade detection and seizure by border officials and other law enforcement authorities. In instances where law enforcement officials seized shipments, Wozney reshipped those orders and alerted customers that he was modifying his mailing practices to evade detection.

Each count of the indictment carries a maximum penalty of 20 years in prison and a $1 million fine. 

U.S. Attorney Sellinger credited special agents of Homeland Security Investigations Newark, under the direction of Acting Special Agent in Charge Michael Alfonso, with the investigation leading to the charges. He also thanked the U.S. Postal Inspection Service in Newark, under the direction of Inspector in Charge Christopher A. Nielson, Philadelphia Division, and FBI- Pittsburgh Division, under Acting Special Agent in Charge Michael Shanahan for their assistance.

The government is represented by Assistant U.S. Attorney Vinay S. Limbachia of the U.S. Attorney’s Cybercrime Unit in Newark.

The charges and allegations contained in the indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.

 

wozney.indictment.pdf

NEWARK, N.J. – Two New Jersey brothers have been sentenced to prison for their roles in a scheme to defraud public and private health benefits programs, U.S. Attorney Philip R. Sellinger announced today.

John Cuffari, 61, of Cedar Grove, New Jersey, was sentenced to 17 months in prison for his role in defrauding benefits programs of at least $5.3 million for the billing of medically unnecessary compounded prescriptions. He previously pleaded guilty to an information charging him with conspiracy to commit health care fraud. U.S. District Judge Renee Bumb imposed the sentence on Jan. 4, 2023, in Camden federal court.

Christopher Cuffari, 57, of Little Falls, New Jersey, was sentenced to 27 months in prison for his role in defrauding benefits programs of $7.89 million for the billing of medically unnecessary compounded prescriptions. He previously pleaded guilty to an information charging him with conspiracy to commit health care fraud. U.S. District Judge Peter Sheridan imposed the sentence on Jan. 3, 2024, in Trenton federal court.

“By their own admission, these defendants bilked publicly and privately funded insurance plans of millions of dollars in fraudulent reimbursements for compounded medications. Working with our partners, we will prosecute those who take advantage of our health care system to generate illicit income.”

U.S. Attorney Philip R. Sellinger

“This investigation is only one example of how the belief that these cases have no victims is not true,” FBI – Newark Special Agent in Charge James E. Dennehy said. “Fraud creates tougher regulations and policies from government agencies and insurance companies to prevent it from taking place. That trickles down to patients who have a much harder time getting the healthcare they may desperately need. The Cuffari brothers are just a small cog in a tremendously frustrating wheel of criminals, but we won't be deterred from bringing every one of them to justice.”

According to documents filed in this case and statements made in court:

Compounded medications are specialty medications mixed by a pharmacist to meet the specific medical needs of an individual patient. Although compounded drugs are not approved by the Food and Drug Administration (FDA), they are properly prescribed when a physician determines that an FDA-approved medication does not meet the health needs of a particular patient, such as if a patient is allergic to a dye or other ingredients in the prescription.

Between November 2014 and July 2016, John Cuffari participated in a conspiracy that involved the submission of fraudulent prescriptions for compounded medications to public and private insurance plans. Christopher Cuffari participated in the conspiracy between November 2014 and September 2017. The scheme centered on the discovery that certain insurance plans paid for prescription compounded medications – including scar creams, wound creams, and metabolic supplements/vitamins – at exorbitant reimbursement rates.

John and Christopher Cuffari worked as sales representatives for several marketing companies and compounding pharmacies and targeted individuals who had insurance plans that covered compounded medications. They then convinced those individuals to obtain prescriptions for compounded medications, regardless of medical necessity, often by providing them with cash payments. In order to obtain prescriptions for compounded medications for some of the recruited individuals, the defendants caused payments to be made to a New Jersey-based physician.

In addition to the prison terms, both defendants were sentenced to three years of supervised release.

U.S. Attorney Sellinger credited special agents of the FBI, under the direction of Special Agent in Charge James E. Dennehy in Newark, with the investigation leading to the sentencings.

The government is represented by Assistant U.S. Attorney Chelsea D. Coleman of the U.S. Attorney’s Office, Opioid Abuse Prevention and Enforcement Unit in Newark.

CAMDEN, N.J. – An Essex County, New Jersey, man today admitted illegally possessing fentanyl, heroin, and cocaine for distribution and possessing a firearm as a convicted felon and in furtherance of drug trafficking, U.S. Attorney Philip R. Sellinger announced.

Taurean Gordon, 40, of Irvington, New Jersey, pleaded guilty before U.S. Circuit Judge Stephanos Bibas in Camden federal court to a superseding information charging him with one count of being a previously convicted felon in possession of a firearm and ammunition, one count of possession with intent to distribute controlled substances, and one count of possession of a firearm in furtherance of a drug trafficking crime.

According to documents filed in this case and statements made in court:

Gordon admitted that on Feb. 11, 2021, he possessed heroin, fentanyl and cocaine packaged for distribution with the intent to distribute. Gordon, a previously convicted felon, possessed a North American Arms Inc. revolver loaded with five rounds of ammunition.

The narcotics offense carries a maximum potential penalty of 20 years in prison, and a fine of $1 million. The count of being a felon in possession of a firearm and ammunition carries a maximum potential penalty of 10 years in prison. The count of possession of a firearm in furtherance of a drug trafficking crime carries a statutory mandatory minimum penalty of five years in prison, which must run consecutively to any other sentence imposed, and a maximum potential penalty of life in prison. Each firearm count carries a maximum fine of $250,000. Sentencing is scheduled for May 8, 2024.

U.S. Attorney Sellinger credited officers of the Newark Police Division under the direction of Director Fritz Fragé and special agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Newark Field Division, under the direction of Special Agent in Charge Bryan Miller, with the investigation leading to today’s guilty plea.

The government is represented by Assistant U.S. Attorneys DeNae Thomas of the Health Care Fraud Unit and George Barchini of the Narcotics/Organized Crime and Drug Enforcement Task Force Unit.

 

gordon.sinformation.pdf

NEWARK, N.J. – A Bulgarian national was arrested for assaulting a U.S. Department of Homeland Security, Immigration and Customs Enforcement (ICE) deportation officer, U.S. Attorney Philip R. Sellinger announced.

Vasil Petrov, 40, of Bulgaria, is charged by complaint with one count of assaulting a federal officer. Petrov appeared today before U.S. Magistrate Judge Edward S. Kiel in Newark federal court and was detained.

According to documents filed in this case and statements made in court:

On Dec. 27, 2023, Petrov was in the lawful custody of ICE officers at an ICE facility in Elizabeth, New Jersey, pending removal from the United States. While being processed for removal, Petrov, without provocation, struck the victim deportation officer in the chin with a closed fist. As a result of Petrov’s assault, the victim deportation officer sustained bodily injury, including a laceration on his chin.

The charge carries a maximum penalty of 20 years in prison and a fine of up to $250,000.

U.S. Attorney Sellinger credited special agents of Homeland Security Investigations Newark, under the direction of Acting Special Agent in Charge Michael Alfonso, with the investigation leading to the charges.

The government is represented by Assistant U.S. Attorney Chana Y. Zuckier of the General Crimes Unit in Newark.

The charge and allegations contained in the complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.

24-004                                                             ###

Defense counsel: David Holman Esq., Assistant Federal Public Defender, Newark

 

petrov.complaint.pdf

CAMDEN, N.J. – A Philadelphia man was sentenced today to 216 months in prison for trafficking methamphetamine and fentanyl in southern New Jersey and Philadelphia, U.S. Attorney Philip R. Sellinger announced.

Glenn Long, 29, of Philadelphia, previously pleaded guilty before U.S. District Judge Noel L. Hillman in Camden federal court to one count of a superseding indictment charging him with conspiring to distribute fentanyl and methamphetamine.

According to documents filed in this case and statements made in court:

Long conspired with other individuals who acted as “runners” or “couriers” for a drug-trafficking organization that distributed methamphetamine and fentanyl. Drug customers would call Long to place orders for drugs, and the runners would deliver the drugs. Long admitted that on a date on which law enforcement agents executed search and arrest warrants in connection with the investigation into his conduct, Long’s conspirators possessed more than 2,700 grams of methamphetamine and 400 grams of fentanyl for the conspiracy. Long participated in this conspiracy while he was a fugitive on a federal drug trafficking indictment in the Eastern District of Pennsylvania, to which he has since pleaded guilty. 

In addition to the prison term, Judge Hillman sentenced Long to five years of supervised release.

U.S. Attorney Sellinger credited special agents with the Drug Enforcement Administration, Newark Division, under the direction of Special Agent in Charge Cheryl Ortiz, with the investigation leading to today’s sentencing. He also thanked the U.S. Attorney’s Office for the Eastern District of Pennsylvania; Drug Enforcement Administration, Philadelphia Division; U.S. Department of Homeland Security – Homeland Security Investigations; U.S. Marshals Service; FBI; Bensalem Police Department; Berlin Borough Police Department; Berlin Township Police Department; Bucks County District Attorney’s Office; Camden County Prosecutor’s Office; Clayton Police Department; Delaware County District Attorney’s Office Narcotics Task Force; Deptford Township Police Department; Gloucester County Prosecutor’s Office; Gloucester Township Police Department; New Jersey State Police; New Jersey National Guard Counter Drug Task Force; Pennsylvania State Police; Pennsville Police Department; and Winslow Township Police Department for their assistance.

This case is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. 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 https://www.justice.gov/OCDETF.

The government is represented by Assistant U.S. Attorney Jeffrey Bender of the U.S. Attorney’s Office in Camden.

NEWARK, NJ. – A citizen of Mexico who was extradited to the United States on narcotics trafficking charges had her initial appearance in New Jersey federal court, U.S. Attorney Philip R. Sellinger announced today.

Norma Flores-Fernandez, aka “Norma Camarillo,” 55, is charged by indictment with one count of conspiracy to distribute cocaine and one count of conspiracy to distribute heroin. Flores-Fernandez was arrested in Mexico at the request of the United States on Sept. 24, 2023, and extradited to the United States. She had her initial appearance on Jan. 2, 2024, before U.S. Magistrate Judge Cathy L. Waldor in Newark federal court, pleaded not guilty, and was detained.

According to documents filed in this case and statements made in court:

Flores-Fernandez was part of a Guadalajara, Mexico-based drug trafficking organization that distributed narcotics, including cocaine and heroin, throughout the United States from March 2018 through December 2019. Flores-Fernandez coordinated the distribution of approximately 15 kilograms of cocaine in Chicago and approximately 5.6 kilograms of heroin in New Jersey, both of which were seized by law enforcement.

Four of Flores-Fernandez’s conspirators – Oscar Alberto Flores-Fernandez, 53, Dario Camarillo, 60, Laura Vanessa Diosa-Giraldo, 30, and Emilio Gutierrez-Martinez, aka “Jose Silvetre-Soto,” 39 – previously pleaded guilty to narcotics offenses. Oscar Alberto Flores-Fernandez, who is also a Mexican citizen, was previously extradited to the United States from Peru.

The charges of conspiracy to distribute cocaine and conspiracy to distribute heroin each carry a statutory maximum sentence of life in prison and a statutory maximum fine of $10 million.

U.S. Attorney Sellinger credited special agents and task force officers of the U.S. Drug Enforcement Administration, under the direction of Special Agent in Charge Cheryl Ortiz in Newark and Special Agent in Charge Sheila G. Lyons in Chicago, Illinois; and special agents of the U.S. Customs and Border Protection, under the direction of Director of Field Operations Lafonda Sutton-Burke in Chicago, with the investigation leading to the charges. He also thanked the U.S. Drug Enforcement Administration in Lima, Peru; U.S. Drug Enforcement Administration in Guadalajara, Mexico; and Homeland Security Investigations in Chicago; DEA - Los Angeles; and the U.S. Marshals Service; for their assistance in the investigation. The Justice Department’s Office of International Affairs provided substantial assistance in securing the arrest of Flores-Fernandez and her extradition to the United States. U.S. Attorney Sellinger thanked officials in Mexico for their assistance in the investigation.

This effort is 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 https://www.justice.gov/OCDETF.

The government is represented by Assistant U.S. Attorneys George M. Barchini of the OCDETF Unit and Mark J. Pesce of the Economic Crimes Unit in Newark.

The charges and allegations contained in the indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.

 

floresfernandez.indictment.pdf

Thank you Mayor Baraka and Public Safety Director Fragé for including us in today’s event and for your partnership and commitment to combatting and eradicating gun violence in Newark.

Keeping our communities safe is the most fundamental mission of law enforcement.  We at the U.S. Attorney’s Office are truly honored to collaborate with the Newark Police Department and all of our other law enforcement partners up here today in support of this critical cause.  We believe that this partnership, created through our Newark Violent Crime Initiative, which just entered its sixth year, has helped drive the historically low rates of homicides and shootings in Newark that the Mayor and Police Director mentioned.  While every homicide and senseless shooting is tragic and is one too many, we believe this hard-earned, steady decline is a direct result of our VCI’s collaborative efforts. 

Together, the Newark Police Department, my office, and our other federal, state, and local law enforcement partners in our VCI have spent years identifying and gathering intelligence about those who drive the violence in and around Newark.  For our part, we’ve dedicated prosecutors to target those street gangs whose members and associates are responsible for the shootings that continue to harm this community, and we have prosecuted violent offenders associated with each and every one of them. 

In the course of our partnership, we’ve charged hundreds of Newark offenders for shootings, gun trafficking and possession, and gang-related activities.  We currently have two alleged Newark gang members facing mandatory life sentences for murder.  We have at least two more facing potential life sentences for non-fatal violent crimes in furtherance of gang activity. 

In October, we charged two alleged members of the Sex Money Murder (“SMM”) subset of the Bloods Street gang operating in the Bradley Court Housing Complex with the November 2022 murder of a rival.  In November, we charged five additional alleged SMM members and associates for trafficking fentanyl, heroin, and cocaine in Newark, two of whom we also charged with firearms possession.

Following a series of retaliatory shootings between rival neighborhoods in Newark, we charged a member of a street gang operating in the area of Clinton Place and Weequahic Avenue for possessing a machinegun that was used in April to fire 28 rounds, hitting three victims at the Oscar Miles Housing Complex.  He pleaded guilty in October.

Over the course of the year, 12 members and associates of the Grape Street Crips street gang operating in and around Oscar Miles pleaded guilty to running a drug trafficking organization distributing large amounts of fentanyl and crack cocaine. 

These are but a few examples of the results of our VCI partnership with all of our law enforcement partners up here today.  Thank you.

NEWARK, N.J. – Two men have been charged in connection with their respective roles in an armed kidnapping for ransom of a Paterson, New Jersey, resident, U.S. Attorney Philip R. Sellinger announced.

Julio Cesar Paniagua, 27, is charged by complaint with one count of kidnapping.  Paniagua appeared today before U.S. Magistrate Judge Jessica S. Allen in Newark federal court and was detained.

Joel Ramon Garcia, 33, was previously charged by complaint with one count of kidnapping. Following his arrest on Nov. 20, 2023, Garcia made his initial appearance before U.S. Magistrate Judge Cathy L. Waldor in Newark federal court and was detained.

According to documents filed in this case and statements made in court:

 On Nov. 15, 2023, Paniagua and Garcia kidnapped the victim in Paterson and then drove the victim to Massachusetts, where they held the victim for ransom. During the kidnapping, Paniagua and Garcia both brandished firearms. Shortly after the kidnapping, the kidnappers contacted the victim’s father and threatened that the victim’s fingers would be cut off if the ransom was not paid. The kidnappers ultimately released the victim on Nov. 17, 2023.

The charge of kidnapping carries a maximum penalty of life in prison and a maximum fine of $250,000.

U.S. Attorney Sellinger credited members of the FBI’s New Jersey field office, under the direction of Special Agent in Charge James E. Dennehy, with the investigation leading to the charges. He also thanked members of the FBI’s Boston field office under the direction of Special Agent in Charge Jodi Cohen; the Paterson Police Department, under the direction of Officer in Charge Isa M. Abbassi; members of the Passaic County Sheriff’s Office, under the direction of Sheriff Richard H. Berdnik; members of the Clifton Police Department, under the direction of Police Chief Thomas Rinaldi; members of the Bergen County Prosecutor’s Office, under the direction of Prosecutor Mark Musella; and members of the Cedar Grove Police Department, under the direction of Police Chief John J. Kennedy, for their assistance.

The government is represented by Assistant U.S. Attorney John Maloy of the General Crimes Unit in Newark.

The charges and allegations contained in the complaints are merely accusations, and the defendants are presumed innocent unless and until proven guilty.

garcia.complaint.pdf

 

paniagua.complaint.pdf

NEWARK, N.J. – An Ohio man and owner of several marketing companies today admitted his role in conspiracies to commit health care fraud and to pay and receive illegal kickbacks, Attorney for the United States Vikas Khanna announced.

James D. Feeley, 46, of Grafton, Ohio, pleaded guilty before U.S. District Judge Esther Salas in Newark federal court to an information charging him with conspiracy to violate the Federal Anti-Kickback statute and conspiracy to commit health care fraud.

According to documents filed in this case and statements made in court:

From June 2017 through September 2020, Feeley participated in a scheme with pharmacies, telemedicine companies, and doctors to submit false claims to health care benefit programs, including Medicare and TRICARE, based on a circular scheme of kickbacks and bribes. Feeley controlled several marketing companies though which he and his conspirators identified Medicare and TRICARE beneficiaries to target for expensive drugs. The marketing companies spoke to beneficiaries by telephone to pressure them to agree to try expensive medications, regardless of medical necessity. Company employees would deliberately conceal the name of the prescribing doctor – whom the beneficiary had never met before – to increase the likelihood that the beneficiary would agree to accept the medications. Portions of the telephone calls were recorded.

Feeley and his companies then paid kickbacks to telemedicine companies, which in turn paid kickbacks to doctors, to obtain prescriptions for the medications. Feeley transmitted to the telemedicine companies the beneficiaries’ medical information, the telephone call recording, and pre-marked prescription pads for particular drugs that would yield exorbitant reimbursements.  Feeley, the marketing companies, and the pharmacies with which they had relationships chose particular drugs for the prescriptions largely based on reimbursement amount and not medical need. The doctors paid by the telemedicine companies signed the prescriptions regardless of medical necessity, often without ever speaking to the patient.

Feeley and his conspirators then directed the prescriptions to pharmacies with which Feeley and his business partner, Mark Belter, had additional kickback arrangements. The pharmacies submitted claims for reimbursement to health care benefit programs including Medicare and TRICARE, and thereafter sent a portion of the proceeds to Feeley and his companies as payment for the prescriptions generated through the conspiracy. In total, Feeley and his conspirators caused the submission of false and fraudulent claims to health care benefit programs totaling more than $24 million of prescription drugs. Belter previously pleaded guilty to an information charging conspiracy to violate the federal anti-kickback statute and conspiracy to commit health care fraud.

Feeley and his companies received kickbacks and bribes totaling more than $6 million in exchange for prescription referrals to Apogee Bio Pharm LLC, a pharmacy located in Edison, New Jersey. The principals of Apogee – William Welwart, Ethan Welwart, and Gary Kaczka – are charged with health care fraud and related offenses in a separate indictment. The charges and allegations contained in the indictment are merely accusations, and William Welwart, Ethan Welwart and Gary Kaczka are presumed innocent unless and until proven guilty.

Elan Yaish, former president of Apogee, previously pleaded guilty to an information charging conspiracy to violate the federal anti-kickback statute.

The conspiracy charges are each punishable by a maximum of five years in prison, along with fines, restitution, and penalties as to both counts. Both charges are punishable by a fine of $250,000, or twice the gross gain or loss from the offense. Sentencing is scheduled for July 9, 2024.

Attorney for the United States Khanna credited special agents of the FBI, under the direction of Special Agent in Charge James E. Dennehy in Newark, U.S. Department of Health and Human Services Office of Inspector General, under the direction of Special Agent in Charge Naomi Gruchacz, and U.S. Department of Defense, Office of Inspector General, Defense Criminal Investigative Service, Northeast Field Office, under the direction of Acting Special Agent in Charge Brian J. Solecki, with the investigation.

The government is represented by Assistant U.S. Attorney Katherine M. Romano of the Health Care Fraud Unit in Newark.

 

feeley.information.pdf

NEWARK, N.J. – An Essex County, New Jersey, woman was arrested today for allegedly stealing over $1 million of federal benefits meant for her deceased aunt over a 25-year period, U.S. Attorney Philip R. Sellinger announced.

Janis Miller, 77, of South Orange, New Jersey, is charged by complaint with one count of wire fraud. She appeared today before U.S. Magistrate Judge Jessica S. Allen in Newark federal court and was released on $100,000 unsecured bond.

According to documents filed in this case and statements made in court:

In 1998, Miller’s aunt died. Unaware of her death, the Social Security Administration (SSA) and the U.S. Office of Personnel Management (OPM) paid approximately $1.01 million in retirement and survivor benefits to the bank account of Miller’s deceased aunt. By debit card, cash withdrawals, and forged checks made out to a company Miller controlled, Miller unlawfully disbursed virtually all of those embezzled funds. In 2022, to continue her unlawful receipt of the benefits, Miller, in a telephone conversation with an SSA employee, impersonated her deceased aunt and provided her aunt’s approximate birthdate. OPM and SSA discovered the fraud and discontinued the benefits in 2023, around 25 years after Miller began stealing those benefits.

The count of wire fraud is punishable by a maximum penalty of 20 years in prison and a maximum fine of the greatest of either $250,000 or twice the pecuniary gain or loss caused by the offense, whichever is greatest.

U.S. Attorney Sellinger credited special agents of the Social Security Administration, Office of the Inspector General, under the direction of Special Agent in Charge Sharon MacDermott, and U.S. Office of Personnel Management, Office of the Inspector General, under the direction of Special Agent in Charge Paul Kimball, with the investigation leading to today’s charge.

The government is represented by Assistant U.S. Attorney Sam Thypin-Bermeo of the General Crimes Unit in Newark.

The charge and allegations contained in the complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.

 

miller.complaint.pdf

CAMDEN, N.J. – A North Carolina man today admitted orchestrating a large-scale market manipulation scheme related to two publicly traded companies, U.S. Attorney Philip R. Sellinger announced.

James Patten, 64, of Winston-Salem, North Carolina, pleaded guilty before U.S. District Judge Christine P. O’Hearn to securities fraud and conspiracy to commit securities fraud.

According to documents filed in this case and statements made in court:

From 2014 through September 2022, Patten, along with co-defendants Peter Coker Sr., and Peter Coker Jr., conspired to enrich themselves through a scheme to manipulate securities prices via a pattern of coordinated trading, which injected inaccurate information into the marketplace, creating false impressions of supply and demand for these securities.

 As part of the securities fraud scheme, the defendants targeted two publicly traded companies – Hometown International Inc. and E-Waste Corp. – which were both traded on the OTC Link Alternative Trading System, also known as the OTC Marketplace. The OTC Marketplace is an alternative trading system that contains three tiers of markets, which are largely based on the quality and quantity of the listed companies’ information and disclosures.

Patten, Coker Sr., and Coker Jr. took steps to gain control of both entities’ management and stock with the ultimate intention of entering reverse mergers, a transaction through which an existing public company merges with a private operating company. A successful reverse merger would allow the defendants to sell shares of each entity at a significant profit.

In or around 2014, two New Jersey residents began the process of opening a local deli in Paulsboro, New Jersey. One of the individuals discussed his interest in opening the deli with Patten, a long-time friend, who suggested the creation of Hometown International, an umbrella corporation, under which the deli would operate as a wholly owned subsidiary. Unbeknownst to the deli owners, after Hometown International was formed, Patten and his associates began positioning Hometown International as a vehicle for a reverse merger that would yield substantial profit to them.

Around October 2019, Hometown International began selling shares on the OTC Marketplace. Shortly thereafter, Patten, Coker Sr., and Coker Jr. undertook a calculated scheme to gain control of Hometown International’s management and its shares from the deli owners. Patten, Coker Sr., and Coker Jr. took similar actions to gain control of E-Waste Corporation’s stock and management.

Once the defendants gained control of Hometown International and E-Waste’s shares, they arranged for the transfer of millions of shares of stock to a number of nominee entities, including entities controlled by Coker Jr., in an effort to mask their control of the shares.

The defendants transferred shares to family members, friends, and associates and gained control over their trading accounts by obtaining their log-in information in order to conceal the defendants’ involvement. The defendants then used those accounts to commit a number of coordinated trading events, often referred to as match and wash trades, to trade in Hometown International and E-Waste Corp.’s stock on both sides of the transaction.

These tactics artificially inflated the price of Hometown International and E-Waste’s stock by giving the false impression that there was a genuine market interest in the stock. Their scheme had the ultimate impact of artificially inflating Hometown International’s stock by 939 percent and E-Waste’s stock by 19,900 percent.

The securities fraud count carries a maximum penalty of 20 years in prison and a $5 million fine. The conspiracy to commit securities fraud carries a maximum penalty of five years in prison and a $250,000 fine, or twice the gross gain or loss from the offense whichever is greatest. Sentencing is scheduled for April 23, 2024.

U.S. Attorney Sellinger credited special agents of the FBI’s Philadelphia Division, under the direction of Special Agent in Charge Wayne A. Jacobs; and special agents of IRS-Criminal Investigation, under the direction of Special Agent in Charge Tammy Tomlins in Newark, with the investigation. He also thanked special agents from FBI Charlotte, FBI Los Angeles, FBI San Francisco, FBI Denver, and FBI Knoxville, for their assistance.

The government is represented by Assistant U.S. Attorneys Lauren E. Repole, Deputy Chief of the Economic Crimes Unit, and Shawn P. Barnes, Chief of the OCDETF/Narcotics Unit.

The charges and allegations contained in the indictment against Coker Sr. and Coker Jr. are merely accusations, and the defendants are presumed innocent unless and until proven guilty.

 

patten.indictment.pdf

NEWARK, N.J. – A Hudson County, New Jersey, man was sentenced today to 70 months in prison for soliciting victims online to send images and videos of child sexual abuse and possessing child pornography, U.S. Attorney Philip R. Sellinger announced.

Erick Solis, 25, previously pleaded guilty before retired U.S. District Judge Kevin McNulty to an information charging him with one count of solicitation of child pornography and one count of possession of child pornography. U.S. District Judge Julien X. Neals imposed the sentence today in Newark federal court.

According to the documents filed in this case and statements made in court:

From July 2020 to February 2021, Solis used a social media application to engage victims in sexually explicit conversations. Solis requested that both minor victims take sexually explicit photographs and videos of themselves and send them to him.   

In addition to the prison term, Judge Neals sentenced Solis to five years of supervised release.

U.S. Attorney Sellinger credited special agents with the FBI, under the direction of Special Agent in Charge James E. Dennehy, in Newark, with the investigation leading to today’s sentencing.

The government is represented by Assistant U.S. Attorney Dong Joo Lee of the Criminal Division of the United States Attorney’s Office in Newark.

NEWARK, N.J. – An Essex County, New Jersey, woman admitted her role in a one-night crime spree involving robberies and shootings in Jersey City, New Jersey, U.S. Attorney Philip R. Sellinger announced today.

Siobhan Chandler, 21, of Newark, pleaded guilty before U.S. District Judge Brian R. Martinotti in Newark federal court to an indictment charging her with conspiracy to commit Hobbs Act robbery, conspiracy to use and carry a firearm in relation to crime of violence, attempted Hobbs Act Robbery, Hobbs Act robbery, and using and carrying a firearm in relation to crime of violence. The charges against her conspirator, Rodney Williams, are merely accusations, and he is presumed innocent unless and until proven guilty.

According to documents filed in this case and statements made in court:

On the evening of Nov. 14, 2023, Chandler and Williams robbed a gas station, where Williams pointed his gun at an attendant and demanded money. Chandler and Williams threatened force, violence, or fear of injury to two employees by demanding money while pointing a firearm at the employees. Chandler and Williams then fled.

Chandler and Williams later entered another store, and Williams again pointed his firearm at a clerk and demanded money. The clerk handed money to Williams and he and Chandler then fled.

Chandler and Williams entered a nearby restaurant and threatened force, violence or the fear of injury to a cashier. Williams pointed his gun at the cashier and demanded money. Williams discharged the firearm, shooting the cashier in the chest. The cashier handed money to Williams, after which Williams and Chandler fled.

The Hobbs Act robbery charges to which Chandler pleaded guilty each carry a maximum potential penalty of 20 years in prison; the conspiracy to use and carry a firearm in relation to crime of violence charge carries a maximum potential penalty of 20 years in prison; the using and carrying a firearm in relation to crime of violence charge carries a statutory minimum of 10 years in prison and a maximum potential penalty of life in prison. Any term of imprisonment on the charge for using and carrying a firearm in relation to crime of violence must run consecutively to any other prison term imposed on the other counts. Each count also carries a maximum fine of $250,000. Sentencing is scheduled for April 17, 2024.

U.S. Attorney Sellinger credited officers of the Jersey City Police Department, under the direction of Acting Chief Robert J. Kearns, and the Hudson County Prosecutor’s Office, under the direction of Prosecutor Esther Suarez, with the investigation leading to today’s guilty plea.  He also thanks the Bureau of Alcohol, Tobacco, Firearms and Explosives for their assistance.

The government is represented by Assistant U.S. Attorney Shontae D. Gray of the Economic Crimes Unit in Newark.

 

chandler.indictment.pdf

NEWARK N.J. – A Sussex County, New Jersey, man was arrested today on charges related to fraudulently obtaining Paycheck Protection Program (PPP) funds and Economic Injury Disaster Loans (EIDL) totaling over $2 million, U.S. Attorney Philip R. Sellinger announced today.

Nikenson Jean Mathurin, aka “Nik Mathurin,” aka “Jean Mathurin,” 44, of Sparta, New Jersey, is charged by complaint with one count of wire fraud and one count of money laundering. He is scheduled to have his initial appearance this afternoon before U.S. Magistrate Judge Jessica S. Allen in Newark federal court.

According to documents filed in this case and statements made in court:

From April 2020 through November 2021, Mathurin participated in a scheme to fraudulently receive over $2 million in COVID-19 emergency relief loans meant for distressed small businesses under the PPP and EIDL programs. He submitted several fraudulent PPP and EIDL applications on behalf of five purported business — Innovation Partners Plus, Inc., Opulence Motor Group LLC, OMG Collision Corp. (doing business as Corsa Volante), Tricon Systems LTC, and America Home Care LLC — to four lenders. In support of these applications, Mathurin allegedly provided false and fraudulent documents and information to the lenders, including fabricated tax documents, payroll documents, and number of employees.

Mathurin also used the allegedly fraudulent proceeds to, among other things, send money between his various bank accounts, buy restaurant equipment unrelated to any of his purported businesses, pay for travel expenses, and transfer money to an account at an online vehicle auction company, which was used to buy luxury cars, motorcycles, and motorcycle parts.

The wire fraud charge carries a maximum penalty of 20 years in prison, and the money laundering charge carries a maximum penalty of 10 years in prison. Each charge also carries a maximum fine of $250,000, or twice the gross gain to the defendant or gross loss to the victim, whichever is greatest.

U.S. Attorney Sellinger credited special agents of the of the Northeast Region of the Federal Housing Finance Agency, Office of Inspector General, under the direction of Special Agent in Charge Robert Manchak, and special agents of IRS – Criminal Investigation, under the direction of Special Agent in Charge Tammy Tomlins, with the investigation leading to the charges.

The government is represented by Assistant U.S. Attorney Fatime Meka Cano of the Economic Crimes Unit in Newark and Trial Attorney David D. Hamstra of the U.S Department of Justice’s Fraud Section.

The District of New Jersey COVID-19 Fraud Enforcement Strike Force is one of five strike forces established throughout the United States by the U.S. Department of Justice to investigate and prosecute COVID-19 fraud. The strike forces focus on large-scale, multi-state pandemic relief fraud perpetrated by criminal organizations and transnational actors. The strike forces are interagency law enforcement efforts, using prosecutor-led and data analyst-driven teams designed to identify and bring to justice those who stole pandemic relief funds.

Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.

The charges and allegations contained in the complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.

 

mathurin.complaint.pdf

A criminal complaint was unsealed today charging a New Jersey man for his alleged participation in a scheme to obtain, through multiple fraudulent loan applications, more than $2 million in COVID-19 relief money guaranteed by the U.S. Small Business Administration through the Paycheck Protection Program (PPP) and the Economic Injury Disaster Loan (EIDL) Program under the Coronavirus Aid, Relief, and Economic Security (CARES) Act, and to launder the money through a series of financial transactions.

According to court documents, Nikenson Jean Mathurin, also known as Nik Mathurin and Jean Mathurin, 44, of Sparta, allegedly submitted false and fraudulent loan PPP and EIDL Program applications on behalf of five purported business — Innovation Partners Plus Inc., Opulence Motor Group LLC, OMG Collision Corp. (doing business as Corsa Volante), Tricon Systems LTC, and America Home Care LLC — to four lenders. In support of these applications, Mathurin allegedly provided false and fraudulent documents and information to the lenders, including fabricated tax documents, payroll documents, and number of employees.

Mathurin also used the allegedly fraudulent proceeds to, among other things, send money between his various bank accounts, buy restaurant equipment unrelated to any of his purported businesses, pay for travel expenses, and transfer money to an account at an online vehicle auction company, which was used to buy luxury cars, motorcycles, and motorcycle parts.

Mathurin is charged with one count of wire fraud and one count of money laundering. If convicted, he faces a maximum penalty of 20 years in prison on the wire fraud count and 10 years in prison on the money laundering count.

Acting Assistant Attorney General Nicole M. Argentieri of the Justice Department’s Criminal Division, U.S. Attorney Philip R. Sellinger for the District of New Jersey, Special Agent in Charge Robert Manchak of the Federal Housing Finance Agency Office of Inspector General (FHFA-OIG) Northeast Region, and Special Agent in Charge Tammy Tomlins of the IRS Criminal Investigation’s (IRS:CI) Newark Office made the announcement.

FHFA-OIG and IRS:CI are investigating the case.

Trial Attorney David D. Hamstra of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Fatime M. Cano for the District of New Jersey are prosecuting the case.

The Fraud Section leads the Criminal Division’s prosecution of fraud schemes that exploit the PPP. Since the inception of the CARES Act, the Fraud Section has prosecuted over 200 defendants in more than 130 criminal cases and has seized over $78 million in cash proceeds derived from fraudulently obtained PPP funds, as well as numerous real estate properties and luxury items purchased with such proceeds. More information can be found at www.justice.gov/criminal-fraud/ppp-fraud.

In May 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Justice Department in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The task force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the department’s response to the pandemic, please visit www.justice.gov/coronavirus.

Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Justice Department’s National Center for Disaster Fraud (NCDF) Hotline via the NCDF Web Complaint Form at www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.

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

NEWARK, N.J. – A Georgia man and operator of a marketing company today admitted his role in conspiracies to commit health care fraud and to pay and receive illegal kickbacks, Attorney for the United States Vikas Khanna announced.

Nicco Romanowski, 31, of Roswell, Georgia, pleaded guilty before U.S. District Judge Esther Salas in Newark federal court to an information charging him with conspiracy to violate the Federal Anti-Kickback statute and conspiracy to commit health care fraud.

According to documents filed in this case and statements made in court:

From June 2017 through May 2019, Romanowski participated in a scheme with durable medical equipment (DME) companies, telemedicine companies, and doctors to submit false claims to health care benefit programs, including Medicare and TRICARE, based on a circular scheme of kickbacks and bribes. Romanowski operated a marketing company though which he and his conspirators identified Medicare and TRICARE beneficiaries to target for DME.  Employees of the company called the beneficiaries to pressure them to agree to accept DME, frequently consisting of back, shoulder, and knee braces. Romanowski and his conspirators paid the company’s employees commissions, bonuses, and incentives to encourage them to convince as many beneficiaries as possible to accept DME, regardless of medical necessity.

Romanowski and his company paid kickbacks to telemedicine companies, which in turn paid kickbacks to doctors, to obtain doctor’s orders for the DME. The doctors paid by the telemedicine companies signed the orders regardless of medical necessity, often without ever speaking to the patient. Romanowski and his business partner, Eric Karlewicz, then steered the doctor’s orders to DME suppliers around the country, with which Romanowski and his company had additional kickback arrangements. The DME companies submitted claims for reimbursement to health care benefit programs including Medicare and TRICARE, and thereafter sent a portion of the proceeds to Romanowski and his company as payment for the doctor’s orders generated through the conspiracy. The company received more than $63 million from DME suppliers in exchange for the referrals.  

In total, Romanowski and his conspirators caused the submission of false and fraudulent claims to health care benefit programs totaling more than $127 million for DME. Karlewicz previously pleaded guilty to an information charging conspiracy to violate the anti-kickback statute and conspiracy to commit health care fraud.

The kickback conspiracy charge is punishable by a maximum of five years in prison, and the health care fraud conspiracy charge is punishable by a maximum of 10 years in prison, along with fines, restitution, and penalties as to both counts. Both charges are punishable by a fine of $250,000, or twice the gross gain or loss from the offense, whichever is greatest. Sentencing is scheduled for May 21, 2024.

Attorney for the United States Khanna credited special agents of the FBI, under the direction of Special Agent in Charge James E. Dennehy in Newark; special agents of the U.S. Department of Health and Human Services Office of Inspector General, under the direction of Special Agent in Charge Naomi Gruchacz; and special agents of the U.S. Department of Defense, Office of Inspector General, Defense Criminal Investigative Service, Northeast Field Office, under the direction of Acting Special Agent in Charge Brian J. Solecki, with the investigation.

The government is represented by Assistant U.S. Attorney Katherine M. Romano of the Health Care Fraud Unit and Senior Trial Counsel Barbara Ward of the Asset Recovery and Money Laundering Unit in Newark.

 

romanowski.information.pdf

NEWARK, N.J. – The former co-owners of a New Jersey marketing company were each sentenced today to 12 months and one day in prison for their roles in a scheme to defraud public and private health benefits programs of at least $8.8 million for the billing of medically unnecessary compounded prescriptions, U.S. Attorney Philip R. Sellinger announced. 

Lisa Curty, 46, of Staten Island, New York, and Christine Myers, 38, of Phillipsburg, New Jersey, each previously pleaded guilty by videoconference before U.S. District Judge John Michael Vazquez to separate informations charging them with conspiracy to commit health care fraud. U.S. District Judge Katharine S. Hayden imposed the sentencing today in Newark federal court.

“These two defendants are just the latest in a long line of schemers who took advantage of publicly and privately funded insurance plans, raiding them for millions of dollars in fraudulent reimbursements for compounded medications. We will continue to prosecute those who take advantage of our health care system to generate illicit income.”

U.S. Attorney Philip R. Sellinger

“The volume of cases involving compound medication fraud has moved beyond frustrating for law enforcement, with an arrest, conviction or sentencing happening almost every other day in New Jersey,” FBI – Newark Special Agent in Charge James E. Dennehy said. “The fraudsters committing these crimes aren't paying attention to the fact that everyone doing the same thing is going to federal prison. This is the FBI and our law enforcement partners screaming in the town square, you will be next if you continue to break the law.”

“Protecting the integrity of TRICARE, the healthcare system for our military members and their families, is a top priority of the Defense Criminal Investigative Service (DCIS), the law enforcement arm of the Department of Defense Office of Inspector General,” Acting Special Agent-in-Charge Brian J. Solecki, DCIS Northeast Field Office, said. “Schemes to bill TRICARE for medically unnecessary services place a great burden on the TRICARE program.  We will continue to work with the U.S. Attorney’s Office and our law enforcement partners to ensure that individuals who engage in fraudulent activity, at the expense of the U.S. military, are investigated and prosecuted.”

According to documents filed in this case and statements made in court:

Compounded medications are specialty medications mixed by a pharmacist to meet the specific medical needs of an individual patient. Although compounded drugs are not approved by the Food and Drug Administration (FDA), they are properly prescribed when a physician determines that an FDA-approved medication does not meet the health needs of a particular patient, such as if a patient is allergic to a dye or other ingredients in the prescription.

Between February 2015 and February 2017, Curty and Myers participated in a conspiracy that involved the submission of fraudulent prescriptions for compounded medications to public and private insurance plans. The scheme centered on the discovery that certain insurance plans paid for prescription compounded medications – including scar creams, wound creams, and metabolic supplements/vitamins – at exorbitant reimbursement rates.

Curty and Myers exploited this opportunity by creating a New Jersey marketing company and hiring sales representatives to target individuals who had insurance plans that covered compounded medications. The sales representatives then convinced those individuals to obtain prescriptions for compounded medications, regardless of medical necessity, often by providing them with cash payments. The individuals were then directed to certain telemedicine companies, which the marketing company or its affiliates paid, to receive the prescriptions.

Once the prescriptions were written, they were filled by certain compounding pharmacies with which the marketing company conspired. The compounding pharmacies would then receive reimbursement from the insurance plans, and would pay the marketing company a percentage of the reimbursement amount. As owners of marketing company, Curty and Myers retained a portion of the payment and provided a “commission” payment to the relevant sales representative.

In addition to the prison term, Judge Hayden sentenced the two defendants to two years of supervised release and ordered them to pay $8.2 million in restitution.

U.S. Attorney Sellinger credited special agents of the FBI, under the direction of Special Agent in Charge Dennehy in Newark, and the U.S. Department of Defense Office of Inspector General, Defense Criminal Investigative Service, under the direction of Acting Special Agent in Charge Solecki, with the investigation leading to today’s sentencing.

The government is represented by Assistant U.S. Attorney Jordann Conaboy of the Opioid Abuse and Prevention Unit in Newark.

NEWARK, N.J. – BioTelemetry Inc. and its subsidiary, LifeWatch Services Inc., headquartered in Malvern, Pennsylvania, and Rosemont, Illinois, respectively (collectively LifeWatch), have agreed to pay more than $14.7 million to resolve allegations that they violated the False Claims Act by knowingly submitting claims to federal health care programs for a higher level of remote cardiac monitoring than physicians had intended to order or that was medically necessary, thus inflating the level of reimbursement paid to LifeWatch.

The United States alleged that, from July 1, 2014, through Dec. 31, 2020, LifeWatch marketed its ACT-3L device (also known as the LifeStar ACT-3L and the MCT-3L) to doctors as being capable of performing three different types of heart monitoring services: Holter monitoring, event monitoring, and telemetry. Of these, telemetry provided the highest rate of reimbursement. The United States contended that LifeWatch knew the design of their online enrollment portal for the ACT-3L device caused unwitting clinical staff to select options that would enroll the patient in the most expensive service, telemetry, even when the doctor intended to order a less expensive service. The United States also contended that LifeWatch’s sales personnel instructed clinical staff to select the options that resulted in patients being enrolled for telemetry services, even when the sales personnel knew the clinic’s physicians intended to order less costly services. LifeWatch also allegedly disregarded written notes that clinic personnel included in patient enrollments that specifically reflected the treating physicians’ intent to order a service other than telemetry.

“Our health care system is based on doctors choosing the level of care appropriate for their patients. It undermines this system and costs taxpayers if companies design systems that make it harder for physicians to order only necessary services and also use their sales force to mislead health care practitioners, as we allege happened here. Our office is committed to holding accountable companies who try to take advantage of the system in these ways.”

U.S. Attorney Philip R. Sellinger

“Diagnostic companies, like other providers, are expected to bill federal healthcare programs only for medically necessary services,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “We will hold accountable those who misuse taxpayer-funded programs for their own enrichment.”

“Companies that bill Medicare and other federal healthcare programs must ensure that they are billing for the services actually ordered by medical providers, rather than the most expensive service,” said U.S. Attorney Jacqueline C. Romero for the Eastern District of Pennsylvania. “This office will continue to pursue cases that will reduce costs for the government while ensuring that patients receive consistent and quality care, as prescribed by their physicians.”

“Proper billing of federal insurers is essential and underpins the reliability of our health care system,” said Deputy Inspector General for Investigations Christian J. Schrank with the U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG). “HHS-OIG, along with our law enforcement partners, will continue to steadfastly pursue entities which fraudulently charge federal health care programs for financial gain and ensure they are held accountable.”

“Today's announcement demonstrates our ongoing commitment to work with the U.S. Department of Justice and our law enforcement partners to investigate allegations of fraud against TRICARE, the healthcare system for military members and their dependents,” stated Special Agent in Charge Patrick J. Hegarty for the Northeast Field Office of the Defense Criminal Investigative Service, the law enforcement arm of the Department of Defense Office of Inspector General. “When healthcare providers submit claims to TRICARE for services that are excessive and medically unnecessary, they place financial pressure on the TRICARE system and undermine its integrity.”

“The VA Office of Inspector General is committed to safeguarding the integrity of VA’s healthcare programs and preserving taxpayer funds,” said Special Agent in Charge Christopher Algieri with the Department of Veterans Affairs Office of Inspector General’s Northeast Field Office. “We thank the DOJ Civil Fraud Section, the United States Attorney’s Offices, and our law enforcement partners for their efforts leading to today’s meaningful settlement.”

“The OPM OIG takes fraud against the Federal health care programs very seriously,” said Deputy Assistant Inspector General for Investigations Conrad J. Quarles, OPM OIG. “Our office stands ready to work with our law enforcement partners on holding unscrupulous health care providers accountable.”  

The civil settlement includes the resolution of claims brought under the qui tam or whistleblower provisions of the False Claims Act by Michael Pelletier, an individual employed by one of LifeWatch’s customers, and SFP I LLC, whose members are Paul Davis, Charles Richardson MD MBA, and Chris Riedel. Under those provisions, a private party can file an action on behalf of the United States and receive a portion of any recovery. The qui tam cases are captioned U.S. ex rel. Pelletier et al. v. LifeWatch Services, Inc., et al., No. 2:18-cv-11391 (D.N.J.), and United States ex rel. SFP I, LLC v. LifeWatch Corp., et al., No. 2:19-cv-2169 (E.D. Pa.).  As part of today’s resolution, Pelletier will receive approximately $2.3 million, and SFP I LLC will receive approximately $270,000.   

The resolution obtained in this matter was the result of a coordinated effort among the Justice Department’s Civil Division, Commercial Litigation Branch, Fraud Section, and the U.S. Attorneys’ Offices for the District of New Jersey and the Eastern District of Pennsylvania, with assistance from HHS-OIG, the Department of Defense’s Defense Criminal Investigative Service, the Department of Veterans Affairs Office of Inspector General and the Office of Personnel Management’s Office of Inspector General.

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 Assistant U.S. Attorney Paul Kaufman of the District of New Jersey, Assistant U.S. Attorney Erin Lindgren of the Eastern District of Pennsylvania, and Fraud Section attorneys Amy Kossak and Jessica Sievert,

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

 

lifewatch.settlement.pdf

BioTelemetry Inc. and its subsidiary, LifeWatch Services Inc., headquartered in Malvern, Pennsylvania, and Rosemont, Illinois, respectively, (collectively LifeWatch), have agreed to pay more than $14.7 million to resolve allegations that they violated the False Claims Act by knowingly submitting claims to federal health care programs for a higher level of remote cardiac monitoring than physicians had intended to order or that was medically necessary, thus inflating the level of reimbursement paid to LifeWatch.

The United States alleged that, during the period July 1, 2014, through Dec. 31, 2020, LifeWatch marketed its ACT-3L device (also known as the LifeStar ACT-3L and the MCT-3L) to doctors as being capable of performing three different types of heart monitoring services: holter monitoring, event monitoring and telemetry. Of these, telemetry provided the highest rate of reimbursement. The United States contended that LifeWatch knew the design of their online enrollment portal for the ACT-3L device caused unwitting clinical staff to select options that would enroll the patient in the most expensive service, telemetry, even when the doctor intended to order a less expensive service. The United States also contended that LifeWatch’s sales personnel instructed clinical staff to select the options that resulted in patients being enrolled for telemetry services, even when the sales personnel knew the clinic’s physicians intended to order less costly services. LifeWatch also allegedly disregarded written notes that clinic personnel included in patient enrollments that specifically reflected the treating physicians’ intent to order a service other than telemetry.

“Diagnostic companies, like other providers, are expected to bill federal healthcare programs only for medically necessary services,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “We will hold accountable those who misuse taxpayer-funded programs for their own enrichment.”

“Our health care system is based on doctors choosing the level of care appropriate for their patients,” said U.S. Attorney Philip R. Sellinger for the District of New Jersey. “It undermines this system and costs taxpayers if companies design systems that make it harder for physicians to order only necessary services and also use their sales force to mislead health care practitioners, as we allege happened here. Our office is committed to holding accountable companies who try to take advantage of the system in these ways.”

“Companies that bill Medicare and other federal healthcare programs must ensure that they are billing for the services actually ordered by medical providers, rather than the most expensive service,” said U.S. Attorney Jacqueline C. Romero for the Eastern District of Pennsylvania. “This office will continue to pursue cases that will reduce costs for the government while ensuring that patients receive consistent and quality care, as prescribed by their physicians.”

“Proper billing of federal insurers is essential and underpins the reliability of our health care system,” said Deputy Inspector General for Investigations Christian J. Schrank of the Department of Health and Human Services Office of Inspector General (HHS-OIG). “HHS-OIG, along with our law enforcement partners, will continue to steadfastly pursue entities which fraudulently charge federal health care programs for financial gain and ensure they are held accountable.”

“Today's announcement demonstrates our ongoing commitment to work with the U.S. Department of Justice and our law enforcement partners to investigate allegations of fraud against TRICARE, the healthcare system for military members and their dependents,” stated Special Agent in Charge Patrick J. Hegarty for the Northeast Field Office of the Defense Criminal Investigative Service, the law enforcement arm of the Department of Defense Office of Inspector General. “When healthcare providers submit claims to TRICARE for services that are excessive and medically unnecessary, they place financial pressure on the TRICARE system and undermine its integrity.”

“The VA Office of Inspector General is committed to safeguarding the integrity of VA’s healthcare programs and preserving taxpayer funds,” said Special Agent in Charge Christopher Algieri of the Department of Veterans Affairs (VA) Office of Inspector General’s Northeast Field Office. “We thank the DOJ Civil Fraud Section, the United States Attorneys’ Offices and our law enforcement partners for their efforts leading to today’s meaningful settlement.”

“The OPM OIG takes fraud against the Federal health care programs very seriously,”  said Deputy Assistant Inspector General for Investigations Conrad J. Quarles of the Office of Personnel’s Office of Inspector General (OPM OIG). “Our office stands ready to work with our law enforcement partners on holding unscrupulous health care providers accountable.”   

The civil settlement includes the resolution of claims brought under the qui tam or whistleblower provisions of the False Claims Act by Michael Pelletier, an individual employed by one of LifeWatch’s customers, and SFP I LLC, whose members are Paul Davis, Charles Richardson, MD, MBA and Chris Riedel. Under those provisions, a private party can file an action on behalf of the United States and receive a portion of any recovery. The qui tam cases are captioned U.S. ex rel. Pelletier et al. v. LifeWatch Services, Inc., et al., No. 2:18-cv-11391 (D.N.J.), and United States ex rel. SFP I, LLC v. LifeWatch Corp., et al., No. 2:19-cv-2169 (E.D. Pa.). As part of today’s resolution, Pelletier will receive approximately $2.3 million, and SFP I, LLC will receive approximately $270,000.  

The resolution obtained in this matter was the result of a coordinated effort among the Justice Department’s Civil Division, Commercial Litigation Branch, Fraud Section and the U.S. Attorneys’ Offices for the District of New Jersey and the Eastern District of Pennsylvania, with assistance from HHS-OIG, the Department of Defense’s Defense Criminal Investigative Service, the Department of VA Office of Inspector General and the OPM-OIG.

The investigation and resolution 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 800-HHS-TIPS (800-447-8477).

The matter was handled by Fraud Section attorneys Amy Kossak and Jessica Sievert, Assistant U.S. Attorney Paul Kaufman for the District of New Jersey and Assistant U.S. Attorney Erin Lindgren for the Eastern District of Pennsylvania.

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

Settlement Agreement

TRENTON, N.J. – A Monmouth County, New Jersey, man was charged with being a felon in possession of a firearm and possessing fraudulent Drug Enforcement Administration credentials while impersonating a federal law enforcement agent, U.S. Attorney Philip R. Sellinger announced today.

Wesley Rucker, 36, of Tinton Falls, New Jersey, is charged by indictment with one count each of possession of a firearm by a convicted felon, false impersonation of an officer of the United States, and possession of imitation federal law enforcement credentials.

According to documents filed in this case and statements made in court:

On Oct. 22, 2021, Rucker, a previously convicted felon, sought medical treatment in the emergency room of a hospital in Red Bank, New Jersey. While administering medical assistance, hospital staff observed a handgun in Rucker’s waistband. Rucker told hospital staff, and later local police, that he was a federal law enforcement officer and displayed fraudulent credentials falsely identifying Rucker as an employee of the Drug Enforcement Administration. As a previously convicted felon, Rucker is not permitted to possess a firearm under federal law.    

The count of possession of a firearm by a convicted felon carries a maximum penalty of ten years in prison and a $250,000 fine. The count of false impersonation of an officer of the United States carries a maximum penalty of three years in prison and a $250,000 fine. The count of possession of imitation federal law enforcement credentials carries a maximum penalty of six months in prison and a $5,000 fine.    

U.S. Attorney Sellinger credited special agents of the ATF, Newark Division, under the direction of Special Agent in Charge Bryan Miller, with the investigation leading to the charges and arrest. He also thanked the Red Bank, New Jersey, Police Department for their assistance in the investigation.

The government is represented by Assistant U.S. Attorney Ian D. Brater of the U.S. Attorney’s Office’s Criminal Division in Trenton.

The charges and allegations contained in the indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.

 

rucker.indictment.pdf

A New York man pleaded guilty yesterday to engaging in an extensive multi-year conspiracy to fraudulently obtain over $165 million in loans and fraudulently acquire multifamily and commercial properties.

According to court documents, between 2018 and 2020, Boruch “Barry” Drillman, 36, of New York, conspired with at least four others to deceive lenders into issuing multifamily and commercial mortgage loans. Drillman and his co-conspirators provided the lenders with fictitious documents, including purchase and sale contracts with inflated purchase prices. Drillman managed BRC Williamsburg Holdings LLC, which purchased multifamily property Williamsburg of Cincinnati in Cincinnati, Ohio, and Troy Technology Holdings LLC, which purchased commercial property Troy Technology Park in Troy, Michigan.

In March 2019, Williamsburg of Cincinnati was acquired for $70 million. However, Drillman and his co-conspirators from Rhodium Capital Advisors utilized a stolen identity to present a lender and Fannie Mae with a purchase and sale contract for $95.85 million and other fraudulent documents. On March 8, 2019, Madison Title Agency performed two closings, one for the true $70 million sales price and another for the fraudulent $95.85 million sales price presented to the lender.

In September 2020, Troy Technology Park was acquired for $42.7 million. However, Drillman and his co-conspirators presented the lender with a fraudulent purchase and sale contract for $70 million. Additionally, to support the inflated purchase price, Drillman and his co-conspirators submitted to the lender and appraiser a fraudulent letter of intent to purchase the property from another party for $68.8 million and other fraudulent documents. To conceal the fraudulent nature of the transaction, Drillman and his co-conspirators arranged for a short-term $30 million loan, which was used to make it appear that they had the funds needed to close on the loan. On Sept. 25, 2020, Riverside Abstract performed two closings, one for the true $42.7 million sales price and another for the fraudulent $70 million sales price presented to the lender.

Drillman pleaded guilty to one count of conspiracy to commit wire fraud affecting a financial institution. He is scheduled to be sentenced on April 16, 2024, and faces a maximum penalty of five years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Acting Assistant Attorney General Nicole M. Argentieri of the Justice Department’s Criminal Division, U.S. Attorney Philip R. Sellinger for the District of New Jersey, Inspector General Brian M. Tomney of the Federal Housing Finance Agency Office of Inspector General (FHFA-OIG), and Postal Inspector in Charge Eric Shen of the U.S. Postal Inspection Service’s (USPIS) Criminal Investigations Group made the announcement.

The FHFA-OIG and USPIS are investigating the case.

Trial Attorneys Siji Moore of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Martha Nye for the District of New Jersey are prosecuting the case.

TRENTON, N.J. – A Monmouth County, New Jersey, man was sentenced to 60 months in prison for laundering money on behalf of the Cape Town Zone of Black Axe, U.S. Attorney Philip R. Sellinger announced today.

Andrew Suarez, 30, of Middletown, New Jersey, previously pleaded guilty before U.S. District Judge Michael A. Shipp to an indictment charging him with money laundering conspiracy. Judge Shipp imposed the sentence today in Trenton federal court.

According to documents filed in this case and statements made in court:

From August 2017 through December 2017, Suarez worked with conspirators to launder money to entities in the Cape Town, South Africa, area, including to an account in the name of Abravoo Trading Company, an entity controlled by a founding member of the Cape Town Zone of Black Axe. Black Axe members were responsible for widespread internet-based fraud schemes.

Suarez opened up bank accounts in the United States, which were then used to conceal money obtained through business email compromises and other fraud schemes. Suarez transferred the proceeds of the fraud schemes to other U.S. bank accounts and wired proceeds to bank accounts in Cape Town, South Africa. To avoid detection, Suarez changed the information on some of his bank accounts, so the accounts listed the name and address of a victim. The total loss amount attributed to Suarez’s conduct is approximately $525,000.

In addition to the prison term, Judge Shipp sentenced Suarez to three years of supervised release.

U.S. Attorney Sellinger credited special agents of the FBI, Red Bank Office, under the direction of Special Agent in Charge James E. Dennehy in Newark, and the U.S. Secret Service’s Newark Division, under the direction of Special Agent in Charge Aaron Hatley. He also thanked the Monmouth County Prosecutor’s Office, under the direction of Prosecutor Raymond S. Santiago, for its assistance in the case. 

The government is represented by Assistant U.S. Attorney Richard G. Shephard of the U.S. Attorney’s Office’s Criminal Division in Trenton.

NEWARK, N.J. – A Maryland man was sentenced today to 41 months in prison for illegally obtaining more than $2 million in COVID-19 relief funds, U.S. Attorney Philip R. Sellinger announced today. 

Mohamed Kamara, 43, of Greenbelt, Maryland, previously pleaded guilty by videoconference before U.S. District Judge Esther Salas to two counts of an indictment charging him with wire fraud and conspiracy to commit wire fraud. Judge Salas imposed the sentence today in Newark federal court.

“The defendant was sentenced today for submitting falsified applications to the government to obtain business loans to which he was not entitled. These relief programs were set up to provide financial help to Americans who were struggling to cope with the COVID-19 pandemic. Trying to turn them into a cash machine for personal benefit will only earn you what this defendant got today – a prison sentence.”

U.S. Attorney Philip R. Sellinger

“Criminals have shown over and over again they will find ways to steal money that isn't theirs in times of crisis, like a hurricane, war, and in this case COVID,” FBI – Newark Special Agent in Charge James E. Dennehy said. “Kamara admitted he lied when applying for federal loans meant for struggling business owners who were forced to close their doors during the height of the pandemic. Fraudsters should stop assuming with so much red tape, and so much money being offered that they won't get caught. We found Kamara, and we'll continue to find others who thought the same thing.”

According to documents filed in the case and statements made in court:

From March 2020 to October 2020, Kamara and others made fraudulent applications to the Small Business Administration (SBA) for Economic Injury Disaster Loans (EIDL) using information belonging to other individuals and entities without their knowledge and consent. They also opened bank accounts using fraudulent documents. Kamara and his conspirators caused the SBA to grant fraudulent applications and send the proceeds of those loans to the fraudulent bank accounts by wire communication. Kamara then deposited or attempted to deposit checks from fraudulent bank accounts into a bank account in his name. Kamara and his conspirators fraudulent EIDL applications caused the SBA to provide more than $750,000 in EIDLs.

From January 2020 to September 2020, Kamara also submitted fraudulent applications to the state of New Jersey and six other states for unemployment insurance benefits using the names, dates of birth, and/or Social Security numbers of other individuals. The states provided more than $1 million, including funds to an account Kamara controlled, in response to these fraudulent applications.

In addition to the prison term, Judge Salas sentenced Mohamed to three years of supervised release.

U.S. Attorney Sellinger credited special agents of the FBI, under the direction of Special Agent in Charge James E. Dennehy in Newark, and special agents of the U.S. Department of Labor, Office of Inspector General, under the direction of Special Agent in Jonathan Mellone in New York, with the investigation leading to the sentencing. He also thanked the FBI Baltimore Field Office; the Small Business Administration, and the New Jersey Department of Labor & Workforce Development for their assistance.

The District of New Jersey COVID-19 Fraud Enforcement Strike Force is one of five strike forces established throughout the United States by the U.S. Department of Justice to investigate and prosecute COVID-19 fraud. The strike forces focus on large-scale, multi-state pandemic relief fraud perpetrated by criminal organizations and transnational actors. The strike forces are interagency law enforcement efforts, using prosecutor-led and data analyst-driven teams designed to identify and bring to justice those who stole pandemic relief funds.

The government is represented by Assistant U.S. Attorney Andrew Kogan of the U.S. Attorney’s Office Cybercrime Unit in Newark. 

NEWARK, N.J. – A Florida man was arraigned today on charges relating to his role in a scheme to defraud Medicare by billing for medically unnecessary prescriptions, Attorney for the United States Vikas Khanna announced. 

Eric Van Vleet, 28, of Delray Beach, Florida, is charged in an eight-count indictment with conspiracy to commit health care fraud and wire fraud, health care fraud, conspiracy to violate the federal anti-kickback statute, and payment of illegal kickbacks. Van Vleet appeared today before U.S. District Judge Esther Salas in Newark federal court and was released on $100,000 unsecured bond.

According to the indictment:

From February 2018 to September 2019, Van Vleet operated Hype Med LLC, which generated medically unnecessary prescriptions through a telemarketing and telemedicine scheme.   As part of the health care, wire fraud, and kickback conspiracy, Van Vleet and Hype Med identified Medicare beneficiaries to target for expensive drugs. Call center employees contacted the beneficiaries by telephone to pressure them to agree to try expensive medications, such as pain creams, scar creams, eczema creams, migraine medication, as well as a combination of prescription medications intended to be used as a “foot soak.” Van Vleet and Hype Med then transmitted recordings of telephone calls with the beneficiaries, together with pre-marked prescription pads for particular drugs that would yield exorbitant reimbursements, to telemedicine companies. Hype Med paid the telemedicine companies kickbacks for every beneficiary referred for a prescription, and the telemedicine companies paid doctors to approve the prescriptions. 

Van Vleet then directed the prescriptions to pharmacies, including Apogee Bio-Pharm LLC, located in Edison, New Jersey, with which Hype Med had a kickback arrangement. The pharmacies filled the prescriptions and sought reimbursement from federal health care benefit programs, including Medicare. The pharmacies, including Apogee, then paid a portion of each reimbursement to Hype Med as a kickback. Van Vleet and Hype Med received at least $343,684 in kickback payments from the owners of Apogee. The principals of Apogee – William Welwart, Ethan Welwart, and Gary Kaczka – are charged with health care fraud and related offenses in a separate indictment. Elan Yaish, former president of Apogee, previously pleaded guilty to an information charging conspiracy to violate the federal anti-kickback statute.

The health care fraud and wire fraud conspiracy charge carries a maximum potential penalty of 20 years in prison; the health care fraud charges carry a maximum potential penalty of 10 years in prison; the charge of conspiracy to violate the Anti-Kickback Statute carries a maximum potential penalty of five years in prison; and the charges of payment of illegal kickbacks are punishable by 10 years in prison. All of the counts are also punishable by a fine of $250,000, or twice the gain or loss from the offense, whichever is greatest.

Attorney for the United States Khanna credited special agents of the U.S. Department of Health and Human Services Office of Inspector General, under the direction of Special Agent in Charge Naomi Gruchacz, the U.S. Department of Defense, Office of Inspector General, Defense Criminal Investigative Service, Northeast Field Office, under the direction of Special Agent in Charge Patrick J. Hegarty, and the FBI, under the direction of Special Agent in Charge James E. Dennehy in Newark, with the investigation.

The government is represented by Assistant U.S. Attorney Katherine M. Romano of the Health Care Fraud Unit in Newark.

The charges and allegations contained in the indictments are merely accusations, and the defendants are presumed innocent unless and until proven guilty.

 

vanvleet.indictment.pdf

NEWARK, N.J. – An employee of an Essex County, New Jersey, bank was charged with fraudulently withdrawing federal retirement benefits from the account of a former customer who had died, U.S. Attorney Philip R. Sellinger announced today.

Jorge Nova, 35, of Passaic, New Jersey, is charged by indictment with one count of wire fraud. He appeared today before U.S. Magistrate Judge Michael A. Hammer and was on $100,000 unsecured bond.

According to documents filed in this case and statements made in court:

In 2014, Nova was an employee at a commercial bank in Nutley, New Jersey, where a customer received Social Security Administration (SSA) retirement benefits via direct deposit. The Social Security Administration was not notified of the beneficiary’s death and continued to deposit retirement benefits into the beneficiary’s bank account for more than four years, until October 2018. Nova fraudulently obtained funds from the beneficiary’s account by causing debit cards to be issued to himself in the beneficiary’s name, which he then used to drain the retirement benefits from the beneficiary’s bank account. Nova also registered new accounts with a money service provider in the name of the deceased beneficiary and withdrew money from a second bank account held in the beneficiary’s name. Nova fraudulently obtained more than $105,000 intended for the deceased beneficiary. 

The count of wire fraud is punishable by a maximum penalty of 30 years in prison and a maximum $1 million fine.

U.S. Attorney Sellinger credited special agents of the Social Security Administration, Office of the Inspector General, New York Field Division, under the direction of Special Agent in Charge Sharon MacDermott, with the investigation leading to the charges.

The government is represented by Assistant U.S. Attorney Rachelle M. Navarro of the Organized Crimes and Gang Unit in Newark.

The charges and allegations contained in the indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.

 

nova.indictment.pdf

NEWARK, N.J. – A Union County man was sentenced today to 407 months in prison for participating in a multi-state armed robbery spree that spanned several months, U.S. Attorney Philip R. Sellinger announced.

Vincent Chan-Guillen, 33, was convicted on March 8, 2023, of conspiracy to commit Hobbs Act robbery, conspiracy to use and carry a firearm during a Hobbs Act robbery, three counts of Hobbs Act robbery, one count of attempted Hobbs Act robbery, three counts of brandishing a firearm during a Hobbs Act robbery, and unlawful possession of a firearm by a convicted felon. Chan-Guillen was convicted following a one-week trial before U.S. District Judge Stanley R. Chesler, who imposed the sentence today in Newark federal court.

According to court documents and evidence presented at trial:

Chan-Guillen committed nine armed robberies between August 2018 and November 2018 – five in New York and four in New Jersey. During each robbery, Chan-Guillen brandished a firearm, which he pointed at store employees and customers. The New Jersey robberies victimized liquor stores in Elizabeth, Woodbridge Township, Bloomfield, and Linden. 

In addition to the prison term, Judge Chesler sentenced Chan-Guillen to five years of supervised release.

U.S. Attorney Sellinger credited special agents with the FBI, under the direction of Special Agent in Charge James E. Dennehy in Newark, with the investigation leading to today’s conviction. He also credited the Elizabeth, Rahway, Woodbridge, Bloomfield, Linden, Kenilworth, Union, and Lyndhurst police departments; the New Jersey State Police; the Bureau of Alcohol, Tobacco, Firearms and Explosives, New York Division; and the New York Police Department for their assistance.

The government is represented by Assistant U.S. Attorney Desiree Grace, Deputy Chief of the Criminal Division, and Assistant U.S. Attorney John F. Mezzanotte of the Organized Crime/Gangs Unit in Newark.

NEWARK, N.J. – Two South Jersey men have been charged for their participation in a dog-fighting ring that involved the “DMV Board,” a Telegram-based dog fighting collective, spanning several states, U.S. Attorney Philip R. Sellinger and Assistant Attorney General Todd S. Kim of the Environment and Natural Resources Division of the U.S. Department of Justice announced today.

According to documents filed in this case and statements made in court:

Tommy J. Watson, aka “Snakes,” 43, of Clayton, New Jersey, and Johnnie Lee Nelson, aka “Johnny,” 34, of Bridgeton, New Jersey, conspired with others to violate the Animal Welfare Act, by fighting, training, transporting, and possessing pit bull-type dogs in dog-fighting ventures, from August 2017 through March 2019. Watson and others conducted a dog-fighting operation known as “From Da Bottom Kennels,” which posted bloodline information of fighting dogs owned by the kennel on the dog fighting website “Peds Online.” Watson and others also used the “DMV Board” to transmit videos of live dog fights, of training dogs for fights, and of the killing of underperforming fighting dogs, including by hanging.

In separate Animal Welfare Act counts, Watson is charged with fighting two pit bull-type dogs in dog fights on December 2, 2018. He is also charged with transporting a third dog, Rambo, along with do-it-yourself veterinary equipment, such as a skin stapler, to a location on Center Road in Upper Deerfield Township, New Jersey, for a dog fight on March 23, 2019. Law  enforcement officials prevented that dog fight from occurring. At that location, law enforcement discovered, concealed in a car, two other dogs that had already fought. Both Watson and Nelson are charged with possessing and training Rambo for the March 23 fight.

Watson is also charged with one count of possession of ammunition by a convicted felon.

Watson surrendered today and is scheduled to appear before U.S. Magistrate Judge Sharon A. King in Camden federal court. Nelson was arrested Dec. 5, 2023, and appeared before Judge King.

The Animal Welfare Act counts, and the count of conspiracy to violate that statute, each carry a maximum penalty of five years in prison and a fine of $250,000. The count of being a felon in possession of ammunition carries a maximum penalty of 10 years in prison and a maximum fine of $250,000.

U.S. Attorney Sellinger and Assistant Attorney General Kim credited special agents of Homeland Security Investigations Newark, under the direction of Acting Special Agent in Charge Michael Alfonso; the U.S. Department of Agriculture, Office of Inspector General, under the supervision of Acting Special Agent in Charge Charmeka Parker; and the FBI, under the direction of Special Agent in Charge Wayne A. Jacobs in Philadelphia, with the investigation leading to the charges. They also thanked detectives with the Cumberland County Prosecutor’s Office, under the direction of Prosecutor Jennifer Webb-McRae, for their assistance with the investigation.

The government is represented by Deputy Chief Desiree Grace and Assistant U.S. Attorney Kathleen P. O’Leary of the Criminal Division of the U.S. Attorney’s Office and Senior Trial Attorney Ethan Eddy of the U.S. Department of Justice, Environmental Crimes Section.

The charges and allegations contained in the complaint are merely accusations, and the defendants are presumed innocent unless and until proven guilty.

 

watsonetal.sindictment.pdf

NEWARK, N.J. – A manager for a conspiracy that used stolen credit card information to make fraudulent retail purchases around the United States was sentenced today to 12 months and one day in prison, U.S. Attorney Philip R. Sellinger announced.

Trevor Osagie, 32, of the Bronx, New York, previously pleaded guilty before U.S. District Judge William Martini to an information charging him with one count of conspiracy to commit bank fraud. Judge Martini imposed the sentence today in Newark federal court.

According to documents filed in this case and statements made in court:

From at least 2015 through November 2018, Osagie conspired with a network of individuals based in the New Jersey/New York area who made trips around the United States in order to use stolen credit card information to purchase gift cards, flights, hotels, rental cards, and other goods and services. Other participants in the conspiracy obtained stolen credit card information through the “dark web” and other sources. In addition to recruiting at least one individual to create the fraudulent credit cards, Osagie managed the individuals who traveled around the United States conducting the fraudulent transactions. The conspirators made over $1.5 million in fraudulent purchases using over 4,000 stolen credit card accounts.

In addition to the prison term, Judge Martini sentenced Osagie to three years of supervised release and ordered to pay $1.43 million in restitution.

U.S. Attorney Sellinger credited special agents of the U.S. Secret Service, under the direction of Special Agent in Charge Aaron Hatley, with the investigation leading to today’s sentencing.

The government is represented by Assistant U.S. Attorney Shawn Barnes, Chief of the OCDETF/Narcotics Unit in Newark.

CAMDEN, N.J. – A West New York financial advisor was found guilty on 11 counts of defrauding public health insurance plans out of more than $4 million and transacting in the criminal proceeds, U.S. Attorney Philip R. Sellinger announced today.

Kaival Patel, 54, of West New York, New Jersey, was convicted on Dec. 7, 2023, of one count of conspiracy to commit wire fraud and health care fraud, four counts of health care fraud, one count of conspiracy to commit money laundering by transacting in criminal proceeds, and five counts of money laundering by transacting in criminal proceeds following an 11-day trial before U.S. District Judge Robert B. Kugler. 

“This defendant lined his own pockets by taking advantage of health insurance plans for New Jersey state and local government employees, defrauding them of millions of dollars by conspiring to obtain reimbursements for medically unnecessary compound prescription medications. Together with our law enforcement partners, we will continue to investigate and prosecute those who abuse and defraud the health care system.”

U.S. Attorney Philip R. Sellinger

“Filing false compound medication claims and pocketing the reimbursements isn't a new scheme,” FBI – Newark Special Agent in Charge James E. Dennehy said. “For years now, the FBI Newark and our law enforcement partners have doggedly investigated and brought to justice dozens of others who defrauded healthcare companies, state and federal government agencies, and taxpayers. Yet, these criminals don't seem to learn the lessons of those who tried to steal what isn't theirs and get rich off the backs of the hardworking public. Our hope is anyone thinking of using a similar plan realizes they will get caught, and they will go to federal prison along with Patel.”

“The defendant enriched himself by defrauding the New Jersey public health insurance plans out of more than $4 million,” Tammy L. Tomlins, Special Agent in Charge of IRS – Criminal Investigation, Newark Field Office, said. “Today’s conviction is the result of the great investigative work of IRS-CI Special Agents and our law enforcement partners and their commitment to protect the integrity of our health care systems.”

According to documents filed in this case and the evidence at trial:

Compounded medications are specialty medications mixed by a pharmacist to meet the specific medical needs of an individual patient. Compounded medications require a prescription from a physician.

Patel created and operated a company called ABC Healthy Living LLC to market compound prescription medications. Patel and his conspirators learned that certain state and local government employees had insurance that would reimburse up to thousands of dollars for a one-month supply of certain compound medications such as vitamins, scar creams, pain creams, libido creams, and acid reflux medications. Patel and a conspirator approached Patel’s family member, a medical doctor who owns and operates a clinic in Newark, New Jersey, and convinced him to authorize prescriptions for the compound medications for patients who had no medical need for the prescriptions. Patel received commissions for the compound medication prescriptions.

Patel and his conspirators paid a group of corrections officers to go to Patel’s family member’s medical practice for the purpose of receiving fraudulent prescriptions. Patel conspired with a compounding pharmacist to add unnecessary ingredients to the compound medications to further increase their cost and augment his illicit profits. Patel engaged in a series of financial transactions to receive proceeds from the health care fraud and wire fraud conspiracy.

To date, approximately 47 people have been convicted or pleaded guilty in the overarching conspiracy.

On the count of conspiracy to commit wire fraud and health care fraud, Patel faces a maximum penalty of 20 years in prison and a fine of $250,000 fine, or twice the gross pecuniary loss from the offense, whichever is greatest. On each of the remaining 10 counts, he faces a maximum penalty of 10 years in prison and a $250,000 fine, or twice the gross pecuniary gain or loss from the offense, whichever is greatest. Sentencing is scheduled for April 10, 2024.

U.S. Attorney Sellinger credited special agents of the FBI’s Atlantic City Resident Agency, under the direction of Special Agent in Charge James E. Dennehy in Newark; special agents of IRS - Criminal Investigation, under the direction of Special Agent in Charge Tammy Tomlins in Newark; and the U.S. Department of Labor, Office of Inspector General, Northeast Region, under the direction of Special Agent in Charge Jonathan Mellone, with the investigation leading to the conviction.

The government is represented by Assistant U.S. Attorneys Daniel A. Friedman of the Criminal Division in Camden and DeNae M. Thomas of the Health Care Fraud Unit.

TRENTON, N.J. – A Monmouth County, New Jersey, man was sentenced today to 240 months in prison for making threatening telephone and email communications to New Jersey state officials, judges, law enforcement officers, and attorneys, and phoning in false bomb threats to local and state government offices, a police department, two law firms and a commercial establishment, U.S. Attorney Philip R. Sellinger announced.

Eric G. Hafner, 32, formerly of Monmouth County, New Jersey, pleaded guilty before U.S. District Judge Michael A. Shipp on May 17, 2022, to one count of making threating communications in interstate or foreign commerce with intent to extort, one count of making threatening communications in interstate or foreign commerce, and one count of conveying false information concerning the use of an explosive device. U.S. District Judge Zahid N. Quraishi imposed the sentence today in Trenton federal court.

“This defendant repeatedly targeted public servants—elected representatives, judges, and law enforcement officials—and private citizens with threats and attempts at extortion. He further victimized these public officials, private citizens, and the public generally by calling in numerous false bomb threats to a courthouse, a police department, law firms, businesses, and an elected official’s office. These types of threating communications are unacceptable. They cause serious harm to victims, and will be met with a swift response by this Office. This defendant has now faced justice for these serious crimes.”

U.S. Attorney Philip R. Sellinger

According to documents filed in this case and statements made in court:

Between July 2016 and May 2018, while residing outside the United States, Hafner communicated threats to numerous individuals located in and around Monmouth County and elsewhere. The victims were elected officials, judges, police officers, attorneys, and their families. Hafner sought to extort $350,000 from some of his victims. Hafner also made false bomb threats to an elected official’s office, a county courthouse, a police department, two law firms, and a commercial establishment.

In addition to the prison term, Judge Quraishi sentenced Hafner to three years of supervised release.

U.S. Attorney Sellinger credited special agents of the FBI, Newark Division, Red Bank Resident Agency, under the direction of Special Agent in Charge James E. Dennehy, with the investigation leading to today’s sentencing. He also thanked detectives of the Monmouth County Prosecutor’s Office; officers of the Monmouth County Sheriff’s Office; New Jersey State Police; the Bradley Beach Police Department; Fairhaven Police Department; Aberdeen Police Department; the Hazlet Police Department; Shrewsbury Police Department; the Red Bank Police Department; the Freehold Township Police Department; the Middletown Police Department; the Neptune Township Police Department; the Oceanport Police Department; the Deal Police Department; and the Manasquan Police Department for their assistance in the investigation.

The government is represented by Assistant U.S. Attorneys Ian D. Brater of the U.S. Attorney’s Office’s Criminal Division in Trenton and R. Joseph Gribko, Deputy Chief of the Civil Rights Division.

TRENTON, N.J. – The chief executive officer of a Passaic, New Jersey, company today admitted falsifying data plates on forklifts provided to the U.S. Army to make it appear as if the forklifts, which were purchased in China, had been manufactured in the United States, U.S. Attorney Philip R. Sellinger announced.

James Cai, 33, of Hackensack, New Jersey, pleaded guilty before U.S. District Judge Robert A. Kirsch in Trenton federal court to an information charging him with one count of making false statements in connection with the provision of two forklifts to a U.S. Army installation, Fort Cavazos, in Killeen, Texas.

According to documents filed in this case and statements made in court:

From September 2018 to January 2019, Cai, through his company, Toner Connect LLC, submitted bids on, and obtained, contracts to supply various U.S. Army installations with forklifts. The contracts required that the forklifts be compliant with the Buy American Act (BAA), that is, the forklifts had to be manufactured in the United States and at least 50 percent of the cost of the forklift components had to be of U.S. origin.

One of those contracts awarded Toner Connect LLC $247,000 for the provision of two FD150 diesel forklifts to Fort Cavazos. Despite the BAA clause in that contract, and in order to reduce costs, Cai purchased the two forklifts from a company based in Shanghai, China. To conceal the origin of the forklifts and make them appear compliant with the BAA, Cai installed data plates on the forklifts that falsely stated:

Final Assembly in the USA

Millennial Enterprise LLC

Newark, NJ 07102

North American Headquarters

           

After the forklifts were delivered to Fort Cavazos on Aug. 26, 2019, Fort Cavazos  personnel discovered that the forklifts had multiple operational problems and could not be repaired due to the concealment of their true make and model.

The charge to which Cai pleaded guilty carries a maximum penalty of five years in prison and a maximum fine of $250,000. Sentencing is scheduled for April 11, 2024.

U.S. Attorney Sellinger credited special agents of the U.S. Army, Criminal Investigation Division, Major Procurement Fraud Field Office, under the direction of Assistant Special Agent in Charge Michael Curran; and special agents of the U.S. Department of Defense, Office of Inspector General, Defense Criminal Investigative Service, Northeast Field Office, under the direction of Special Agent in Charge Patrick J. Hegarty, with the investigation leading to today’s guilty plea. 

The government is represented by Assistant U.S. Attorney Kathleen P. O’Leary of the Economic Crimes Unit.

 

cai.information.pdf

CAMDEN, N.J. – A Burlington County, New Jersey, man today admitted possessing images of child sexual abuse, U.S. Attorney Philip R. Sellinger announced. 

Al-Fahim Medina, 24, of Willingboro, New Jersey, pleaded guilty before U.S. District Judge Robert B. Kugler to an information charging him with possession of child pornography.

According to documents filed in this case and statements made in court:

From Jan. 31, 2020, through June 12, 2020, Medina possessed mobile phones and a tablet, which contained multiple images of child sexual abuse, including children under age 12 and sadistic and masochistic conduct or other depictions of violence or sexual abuse or exploitation involving an infant or toddler.

The count of possession of child pornography carries a maximum penalty of 20 years in prison and a maximum fine of $250,000. Sentencing is scheduled for April 10, 2024.

U.S. Attorney Sellinger credited special agents of Homeland Security Investigations Newark, under the direction of Acting Special Agent in Charge Michael Alfonso, with the investigation leading to today’s guilty plea.

The government is represented by Assistant U.S. Attorney Kristen M. Harberg of the Camden Office.

 

medina.information.pdf

NEWARK, N.J. – A Bergen County, New Jersey, public relations firm entered a settlement agreement with the United States resolving allegations that the company violated the False Claims Act by taking a loan from the Paycheck Protection Program (PPP) to which the company was not entitled, Attorney for the United States Vikas Khanna announced today.

Congress created the PPP in March 2020 as part of the Coronavirus Aid, Relief, and Economic Security (CARES) Act to provide emergency financial support to millions of Americans suffering the economic effects caused by the COVID-19 pandemic. The CARES Act authorized billions of dollars in forgivable loans to small businesses struggling to pay employees and other business expenses.

According to the allegations in the complaint and the contentions of the United States in the settlement agreement:

MWW Group LLC, which does business as MikeWorldWide (MWW), applied for and received a PPP loan totaling $2 million even though it was ineligible for such a loan because it was a required registrant under the Foreign Agent Registration Act. MWW thereafter sought and received forgiveness of the total amount of the loan. 

MWW fully cooperated in the investigation and resolution of this matter. In accordance with the terms of the settlement agreement, MWW has agreed to pay the United States $2.29 million, plus interest. The settlement resolves a lawsuit filed under the whistleblower provision of the False Claims Act, which permits private parties, called relators, to file suit on behalf of the United States for false claims and share in a portion of the government’s recovery. In this matter, the relator is receiving $229,000 as his share in the recovery.

The government is represented by Assistant U.S. Attorney David V. Simunovich of the Health Care Fraud Unit in Newark.

Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.

The qui tam case is captioned United States ex rel. Forsyth v. MWW Group LLC, Civil Action No. 23-299 (D.N.J.).

 

mww.settlementpdf.pdf

NEWARK, N.J. – The former owner of a New Jersey marketing company was sentenced today to 15 months in prison for his role in a scheme to defraud public and private health benefits programs of over $6 million for the billing of medically unnecessary compounded prescriptions, U.S. Attorney Philip R. Sellinger announced today. 

Michael Drobish, 46, of Cedar Grove, New Jersey, previously pleaded guilty by videoconference before U.S. District Judge John Michael Vazquez to an information charging him with conspiracy to commit health care fraud. U.S. District Judge Katharine S. Hayden imposed the sentence today in Newark federal court.

“This defendant exploited the health care system by taking advantage of reimbursements for compounded medications that were enormously expensive but medically unnecessary. This defendant has now been held accountable for his role in the criminal conspiracy. These compounding fraud schemes cause millions in losses to the health care system with zero benefit to beneficiaries. We will continue to combat this kind of health care fraud with our law enforcement partners.”

U.S. Attorney Philip R. Sellinger

“The sentencing announced today demonstrate our commitment to investigate individuals who defraud TRICARE, the healthcare system for military members and their families,” Special Agent in Charge Patrick J. Hegarty in the Northeast Field Office of the Defense Criminal Investigative Service, the law enforcement arm of the Department of Defense Office of Inspector General, said. “Schemes to bill TRICARE for medically unnecessary services put our beneficiaries at risk and burden the TRICARE program. We will continue to partner with the U.S. Attorney’s Office and the FBI to protect the integrity of the TRICARE system.”

According to documents filed in this case and statements made in court:

Compounding is a practice in which a pharmacist or physician combines, mixes, or alters ingredients of a drug to create a medication tailored to the needs of an individual patient. The Food and Drug Administration does not approve compounded drugs and thus does not verify the safety, potency, effectiveness, or manufacturing quality of compounded drugs. Generally, a physician may prescribe compounded drugs when an FDA-approved drug does not meet the health needs of a particular patient.

From April 2014 to January 2017, Drobish conspired with others to submit fraudulent prescriptions for compounded medications to public and private insurance plans. The scheme centered on the discovery that certain insurance plans paid for prescription compounded medications – including scar creams, wound creams, and metabolic supplements/vitamins – at exorbitant reimbursement rates.

Drobish hired sales representatives through his marketing company to target individuals who had insurance plans that covered compounded medications. The sales representatives then convinced those individuals to obtain prescriptions for compounded medications, regardless of medical necessity, often by providing them with cash payments. The individuals were then directed to certain telemedicine companies, which the marketing company or its affiliates paid to issue the prescriptions. The prescribing physicians at the telemedicine companies would then write the prescriptions without performing any examination or after deliberately conducting cursory examinations that were insufficient to legitimately deem a compounded drug medically necessary. 

Once the prescriptions were written, they were filled by certain compounding pharmacies with which Drobish conspired. The compounding pharmacies would then receive reimbursement from the insurance plans, and would pay Drobish’s marketing company a percentage of the reimbursement amount. Drobish would retain a portion of the payment and provide a “commission” payment to the relevant sales representative.

In addition to the prison term, Judge Hayden sentenced Drobish to three years of supervised release. As part of his plea agreement, Drobish must forfeit $532,650 in criminal proceeds and pay restitution of approximately $6.1 million.

U.S. Attorney Sellinger credited special agents of the FBI, under the direction of Special Agent in Charge James E. Dennehy in Newark, and the U.S. Department of Defense Office of Inspector General, Defense Criminal Investigative Service, under the direction of Special Agent in Charge Hegarty, with the investigation leading to today’s sentencing.

The government is represented by Assistant U.S. Attorney Jordann Conaboy of the Opioid Abuse and Prevention Unit in Newark.

NEWARK, N.J. – The U.S. Attorney’s Office for the District of New Jersey and the Justice Department’s Civil Rights Division and filed a statement of interest today in the U.S. District Court for the District of New Jersey explaining that an Orthodox Jewish congregation’s claims under the Religious Land Use and Institutionalized Persons Act (RLUIPA) are ready to be decided in federal court.

“The U.S. Attorney’s Office is committed to ensuring that all religious communities in our District have the ability to worship freely and without discrimination. We will continue our work to enforce RLUIPA, and to ensure that local boards apply the law fairly and correctly so that communities of faith may exercise their fundamental rights and that their land use applications are not unlawfully denied on the basis of their religion or in a manner that unlawfully burdens the free exercise of religion.” 

U.S. Attorney Philip R. Sellinger

“RLUIPA is designed to ensure that religious groups of all faiths do not face unjust barriers when seeking to establish places to worship,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Local land use boards cannot unfairly or discriminatorily deny a religious group’s application to use land for religious purposes. When local officials use the guise of zoning restrictions to block or restrict religious groups, this not only contravenes our nation’s commitment to religious freedom, it also violates federal law.”

The statement of interest was filed in Chai Center for Living Judaism v. Township of Millburn, a lawsuit alleging that the denial of an Orthodox Jewish congregation’s application to build a synagogue imposed a substantial burden on the congregation’s religious exercise, discriminated against the congregation based on its religion, unreasonably limited its religious assembly, and treated it worse than comparable secular uses. The lawsuit also alleges that certain parts of the township’s land-use regulations, including its requirement that houses of worship be located on lots at least three acres in size, violate RLUIPA. The township filed a motion, arguing that the RLUIPA claims should be dismissed based on a state-law standard used by New Jersey state courts to review zoning decisions.  The motion also argues that the RLUIPA claims are not ready to be heard in federal court because the zoning denial was based on procedural grounds.

The statement of interest explains that the congregation’s claims must be evaluated based on the statutory elements laid out in RLUIPA, and that state-law standards of review do not apply to RLUIPA claims. The statement of interest also argues that the congregation’s RLUIPA claims are ready to be adjudicated by the federal court because the township reached a final decision on the zoning application, which inflicted an injury on plaintiffs by preventing them from using their land for their religious needs.

RLUIPA is a federal law that protects religious institutions from unduly burdensome or discriminatory land use regulations. In June 2018, the Justice Department announced its Place to Worship Initiative, which focuses on RLUIPA’s provisions that protect the rights of houses of worship and other religious institutions to worship on their land. More information is available at www.justice.gov/crt/placetoworship. 

As part of this initiative, the U.S. Attorney’s Office and the Justice Department’s Civil Rights Division have obtained relief under RLUIPA to combat antisemitism, including in Woodcliff Lake and Toms River, New Jersey. The U.S. Attorney’s Office and Civil Rights Division have also enforced RLUIPA to combat other forms of religious discrimination, including securing a consent decree to allow the Islamic Society of Basking Ridge build a mosque in Bernards Township, New Jersey, as well as filing Statements of Interest on behalf of legal positions put forward by a Muslim congregation in Vineland, New Jersey, and a Native American tribe, in Mahwah, New Jersey. Additionally, the Department recently hosted an outreach forum with religious leaders at Seton Hall Law School in Newark, New Jersey, on combating religious discrimination under RLUIPA, and plans to hold additional outreach events in the coming months. 

Individuals who believe they have been subjected to discrimination in land use or zoning decisions may contact the U.S. Attorney’s Office Civil Rights Division at (855) 281-3339 or the Civil Rights Division’s Housing and Civil Enforcement Section at (833) 591-0291 or may submit a complaint through the complaint portal on the Place to Worship Initiative website. More information about RLUIPA, including questions and answers about the law and other documents, can be found at www.justice.gov/crt/about/hce/rluipaexplain.php.

The government is represented by Assistant U.S. Attorney Susan Millenky of the U.S. Attorney’s Civil Rights Division and Trial Attorneys from the Justice Department’s Civil Rights Division, Housing and Civil Enforcement Section.

 

millburn.statementofinterest.pdf