Eastern District of Pennsylvania

PHILADELPHIA – United States Attorney Jacqueline C. Romero announced that Phillip Gillard, 46, of Philadelphia, Pennsylvania, was convicted at trial on February 16, 2024, of federal drug trafficking and firearm offenses.

On July 18, 2023, a grand jury in the Eastern District of Pennsylvania returned a 54-count superseding indictment charging Gillard and eight co-defendants with their participation in a large-scale drug trafficking organization operating in the Port Richmond section of Philadelphia, in the immediate vicinity of the Memphis Street Academy, a charter school located at 2950 Memphis Street.

The charges in the indictment arose from the Federal Bureau of Investigation’s two-year investigation into the Gillard drug trafficking organization, which supplied other drug traffickers with wholesale quantities of methamphetamine, phencyclidine (“PCP”), fentanyl, and other narcotics.

Throughout the course of the investigation, law enforcement agents conducted surveillance and undercover sting operations during which drugs were purchased from the defendants. Gillard and his co-defendants maintained three separate properties in connection with their drug trafficking organization, all of which were less than 1,000 feet away from the Memphis Street Academy.

In total, the FBI confiscated over 20 pounds of pure methamphetamine, three gallons of PCP, one and a half kilograms of cocaine, 900 grams of crack cocaine, 400 grams of fentanyl, and 11 firearms. 

Gillard now faces a maximum sentence of life in prison.

Co-defendants Diane Gillard, Raphael Sanchez, Sharif Jackson, Amin Whitehead, Cesar Maldonado, and Terrence Maxwell previously pleaded guilty to similar charges and also face maximum sentences of life in prison. Co-defendants Melvin Dreher and Arron Preno previously pleaded guilty and face a maximum sentence of 20 years in prison.

The case was investigated by the FBI, Philadelphia Police Department, and Homeland Security Investigations, with extraordinary cooperation from the Memphis Street Academy, and is being prosecuted by Assistant United States Attorneys Everett Witherell and Robert W. Schopf.

PHILADELPHIA – United States Attorney Jacqueline C. Romero announced that Jacob Montague, 38, of Wilson, North Carolina, was sentenced to 19 years’ imprisonment by United States District Judge Joel H. Slomsky for attempting to kidnap a young woman in Center City Philadelphia in November of 2020, and then kidnapping another young woman the following day.

On November 1, 2020, at approximately 11:00 p.m., the defendant approached a young woman in Center City, brandished a knife, and ordered his victim to come with him. The victim responded by calling 911, and the defendant proceeded to retreat to his vehicle and drive away.

The next day, Montague returned to Center City. At around 5:30 p.m., he snuck up behind a young woman walking her dog near the Schuylkill River Park. The defendant rushed up to his victim, put a knife to her throat, and dragged her into his vehicle. Fortunately, nearby civilians intervened before the defendant could drive away from the scene. After a physical struggle, the civilians freed the victim from the defendant’s vehicle, and police arrived and arrested the defendant. The victim was injured during the attack and required multiple stitches following the kidnapping.

Montague pleaded guilty to the attempted kidnapping and kidnapping on April 10, 2023.

“Anyone who tries to snatch a stranger off the street isn’t fit to walk those streets with the rest of us,” said U.S. Attorney Romero. “Jacob Montague did so at knifepoint — not just once, but twice in two days. He’s a clear threat to public safety, and for the protection of everyone in Philadelphia and beyond, Mr. Montague needs to be behind bars. Today’s sentence ensures he’ll be there for a very long time.”

“Mr. Montague used a weapon and attempted to forcibly kidnap strangers off the street," said Wayne A. Jacobs, Special Agent in Charge of the FBI’s Philadelphia Division. “The sentence handed out today demonstrates that brazen acts such as these are not tolerated in our city. The FBI thanks our partners, the Philadelphia Police Department and Pennsylvania State Police, for their invaluable assistance in removing violent criminals like Mr. Montague from the communities we serve.”

“The sentencing of Jacob Montague to 19 years in prison sends a clear message that predatory behavior like this will not be tolerated in Philadelphia,” said Philadelphia Police Commissioner Kevin J. Bethel. “Montague's attempted kidnapping and subsequent kidnapping were terrifying acts of violence that left lasting physical and emotional scars on his victims. This case also highlights the bravery of the bystanders who intervened and risked their safety to free the victim and help apprehend the suspect. Their actions prevented further harm and demonstrate the power of community in keeping our streets safe. This sentence also reflects the tireless work of the FBI and the Philadelphia Police Department in investigating these crimes and securing justice. While no sentence can fully undo the harm inflicted, this outcome should serve as a deterrent to anyone considering similar acts. The PPD remains committed to working with all our partners to ensure the safety and well-being of everyone who lives, works, or visits Philadelphia.”

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone.  The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.

The case was investigated by the Federal Bureau of Investigation and the Philadelphia Police Department and prosecuted by Assistant United States Attorneys Priya DeSouza and Michael Miller.

PHILADELPHIA – United States Attorney Jacqueline C. Romero announced that Jonathan Nyce, 73, of Collegeville, Pennsylvania, was sentenced today to 97 months in prison, three years of supervised release, and a $500 special assessment for carrying out a years-long scheme to defraud pet owners of money by falsely claiming to sell drugs that could cure canine cancer. A federal jury convicted Nyce of wire fraud and the interstate shipment of misbranded animal drugs in December 2022.

In perpetrating the scheme, Nyce created several companies, including “Canine Care,” “ACGT,” and “CAGT,” through which he purported to develop drugs intended to treat cancer in dogs. Beginning in 2012, using various websites for these companies, the defendant marketed these “cancer-curing” medications to desperate pet owners, using the drug names “Tumexal” and “Naturasone.” The websites made numerous false and fraudulent claims regarding the safety and efficacy of these supposed drugs, including that “Tumexal is effective against a wide variety of cancers,” and, “[i]n fact, Tumexal will almost always restore a cancer-stricken dog’s appetite, spirit and energy!” In reality, these drugs were nothing more than a collection of bulk ingredients from various sources, which the defendant blended together himself at a facility on Arcola Road in Collegeville.

Further, through email and telephone conversations, Nyce induced the owners of terminally ill dogs to pay him hundreds or thousands of dollars for these drugs by touting the effectiveness of his products in treating a host of canine cancers. He also told prospective customers that their pets could become part of clinical trials, but in order to do so, they had to pay him large sums of money. Evidence presented at trial showed the defendant sold nearly $1,000,000 worth of drugs to approximately 900 different victims. The defendant’s marketing, sale, and shipment of these drugs violated the Food and Drug Administration’s Food, Drug, and Cosmetic Act because the drugs were not approved by the FDA. The defendant even falsely claimed in promotional materials that his company’s research was “funded in part by the U.S. Food and Drug Administration.”

“In shopping these worthless ‘drugs’ to desperate pet owners, Jonathan Nyce’s actions were both criminal and cruel,” said U.S. Attorney Romero. “He deliberately exploited people’s emotions, their love for their ailing dogs, purely for his own financial gain. Many people consider dogs members of their families, so they’re especially vulnerable to such schemes. For defrauding his victims and thumbing his nose at the FDA, justice demanded that Mr. Nyce be held accountable.”

“The FDA’s animal drug approval process ensures that our pets receive safe and effective products. Ignoring the FDA’s requirements and selling unapproved drugs to vulnerable U.S. consumers will not be tolerated,” said George A. Scavdis, Special Agent in Charge of the FDA Office of Criminal Investigations Metro Washington Field Office. “We will aggressively pursue and bring to justice those criminals who place profits above the health and safety of animal patients.”

The case was investigated by the Food and Drug Administration’s Office of Criminal Investigation with assistance from the Consumer Protection Branch of the Department of Justice and is being prosecuted by Assistant United States Attorney Christopher E. Parisi.

Note: Following the publication of this press release, the FBI and international partners issued a joint multinational cybersecurity advisory on Russian cyber actors' use of compromised routers to facilitate cyber operations.

A January 2024 court-authorized operation has neutralized a network of hundreds of small office/home office (SOHO) routers that GRU Military Unit 26165, also known as APT 28, Sofacy Group, Forest Blizzard, Pawn Storm, Fancy Bear, and Sednit, used to conceal and otherwise enable a variety of crimes. These crimes included vast spearphishing and similar credential harvesting campaigns against targets of intelligence interest to the Russian government, such as U.S. and foreign governments and military, security, and corporate organizations. In recent months, allegations of Unit 26165 activity of this type has been the subject of a private sector cybersecurity advisory and a Ukrainian government warning.

This botnet was distinct from prior GRU and Russian Federal Security Service (FSB) malware networks disrupted by the Department in that the GRU did not create it from scratch. Instead, the GRU relied on the “Moobot” malware, which is associated with a known criminal group. Non-GRU cybercriminals installed the Moobot malware on Ubiquiti Edge OS routers that still used publicly known default administrator passwords. GRU hackers then used the Moobot malware to install their own bespoke scripts and files that repurposed the botnet, turning it into a global cyber espionage platform.

The Department’s court-authorized operation leveraged the Moobot malware to copy and delete stolen and malicious data and files from compromised routers. Additionally, in order to neutralize the GRU’s access to the routers until victims can mitigate the compromise and reassert full control, the operation reversibly modified the routers’ firewall rules to block remote management access to the devices, and during the course of the operation, enabled temporary collection of non-content routing information that would expose GRU attempts to thwart the operation.

“The Justice Department is accelerating our efforts to disrupt the Russian government’s cyber campaigns against the United States and our allies, including Ukraine,” said Attorney General Merrick B. Garland. “In this case, Russian intelligence services turned to criminal groups to help them target home and office routers, but the Justice Department disabled their scheme. We will continue to disrupt and dismantle the Russian government’s malicious cyber tools that endanger the security of the United States and our allies.”

“For the second time in two months, we’ve disrupted state-sponsored hackers from launching cyber-attacks behind the cover of compromised U.S. routers,” said Deputy Attorney General Lisa Monaco. “We will continue to leverage all of our legal authorities to prevent harm and protect the public — whether the hackers are from Russia, China, or another global threat.” 

“Russia’s GRU continues to maliciously target the United States through their botnet campaigns,” said FBI Director Christopher Wray. “The FBI utilized its technical capabilities to disrupt Russia’s access to hundreds of routers belonging to individuals in addition to small and home offices. This type of criminal behavior is simply unacceptable, and the FBI, in coordination with our federal and international partners, will not allow for any of Russia’s services to negatively impact the American people and our allies.”  

“In this unique, two-for-one operation, the National Security Division and its partners disrupted a botnet used by both criminal and state-sponsored actors,” said Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division. “Notably, this represents the third time since Russia’s unjustified invasion of Ukraine that the Department has stripped the Russian intelligence services of a key tool used to further the Kremlin’s acts of aggression and other malicious activities. We will continue to use our legal authorities and cutting-edge techniques, and to draw on the strength of our partnerships, to protect the public and our allies from such threats.”

“This is yet another case of Russian military intelligence weaponizing common devices and technologies for that government’s malicious aims,” said U.S. Attorney Jacqueline C. Romero for the Eastern District of Pennsylvania. “As long as our nation-state adversaries continue to threaten U.S. national security in this way, we and our partners will use every tool available to disrupt their cyber thugs — whomever and wherever they are.”

“Operation Dying Ember was an international effort led by FBI Boston to remediate over a thousand compromised routers belonging to unsuspecting victims here in the United States, and around the world that were targeted by malicious, nation state actors in Russia to facilitate their strategic intelligence collection,” said Special Agent in Charge Jodi Cohen of the FBI Boston Field Office. “The FBI’s strong partnerships with the private sector were critical to identifying and addressing this threat which targeted our national security interests here and abroad. This operation should make it crystal clear to our adversaries that we will not allow anyone to exploit our technology and networks.”

As described in court documents, the government extensively tested the operation on the relevant Ubiquiti Edge OS routers. Other than stymieing the GRU’s ability to access to the routers, the operation did not impact the routers’ normal functionality or collect legitimate user content information. Additionally, the court-authorized steps to disconnect the routers from the Moobot network are temporary in nature; users can roll back the firewall rule changes by undertaking factory resets of their routers or by accessing their routers through their local network (e.g., via the routers’ web-based user interface). However, a factory reset that is not also accompanied by a change of the default administrator password will return the router to its default administrator credentials, leaving the router open to reinfection or similar compromises.

The FBI Philadelphia and Boston Field Offices and Cyber Division, U.S. Attorney’s Office for the Eastern District of Pennsylvania, and the National Security Division’s National Security Cyber Section led the disruption effort. The Criminal Division’s Computer Crime and Intellectual Property Section and Office of International Affairs, Shadowserver Foundation, Microsoft Threat Intelligence, and other partners provided valuable assistance.

The FBI is working with internet service providers to provide notice of the operation to owners and operators of SOHO routers covered by the court’s authorization. If you believe you have a compromised router, please visit the FBI’s Internet Crime Complaint Center.

To better protect themselves, the FBI advises all victims to conduct the following remediation steps:

1. Perform a hardware factory reset to flush the file systems of malicious files;
2. Upgrade to the latest firmware version;
3. Change any default usernames and passwords; and
4. Implement strategic firewall rules to prevent the unwanted exposure of remote management services.

The FBI strongly encourages router owners to avoid exposing their devices to the internet until they change the default passwords.

PHILADELPHIA – United States Attorney Jacqueline C. Romero announced that Timothy Gritman, 56, of Brodheadsville, Pennsylvania, was sentenced today by United States District Judge Cynthia Rufe to 60 months’ incarceration and three years of supervised release for a fraud scheme in which he concealed his father’s death to steal Social Security Administration ("SSA") retirement benefits and New York State pension benefits totaling approximately $204,985. Gritman was also ordered to pay restitution of $83,188 to the SSA and $110,897 to the New York State and Local Retirement System. He had pleaded guilty to fourteen counts of wire fraud and one count of Social Security fraud on February 13, 2023.

Gritman’s father, Ralph, was 79 years old and in poor health when he was last seen alive by relatives at Gritman’s Pennsylvania residence in 2016. In the summer of 2017, Gritman relocated to Wyoming with his father. According to Medicare records, the father’s health benefits were used in September 2017 for an emergency visit to a Wyoming hospital, and then never utilized again.

Investigators believe Ralph Gritman died in or about October 2017, with Timothy Gritman concealing the death from family members and disposing of Ralph’s body in an unknown manner. As Ralph Gritman was never reported deceased, his SSA and pension benefits continued to be paid into a joint account with the defendant from approximately October 2017 to October 2022.

In that time, the defendant made many false statements to government officials to conceal his fraud and enable him to continue stealing government funds, even physically posing as his father numerous times, using makeup to look older.

To date, the defendant refuses to divulge the whereabouts of his father’s remains, which, despite numerous searches, have not been found.

“Timothy Gritman chose dollars and cents over a dignified death for his dad,” said U.S. Attorney Romero. “He had been living off of his father Ralph’s retirement benefits for years, even before his father’s passing — and after it, went to significant lengths to keep that money coming in. With today’s sentence, he’s finally being made to answer for his criminal greed.”

“For several years, Mr. Gritman intentionally concealed his father’s passing in a ploy to collect his pension and social security payments,” said Wayne A. Jacobs, Special Agent in Charge of FBI Philadelphia. “Today’s sentencing is a reminder that the FBI, alongside our partners, will continue our work to hold those to account who engage in these fraud schemes.”

“Timothy Gritman schemed to obtain the Social Security retirement benefits intended for his deceased father. His behavior is unacceptable, and this sentence holds him accountable for his criminal actions,” said Gail S. Ennis, Inspector General for the Social Security Administration. “I thank our law enforcement partners and the New York State Comptroller’s Office for their efforts in investigating, and the U.S. Attorney’s Office, and Special Assistant U.S. Attorney Megan Curran for prosecuting this case.”

“For over five years, Timothy Gritman orchestrated a sometimes elaborate scheme to steal his deceased father’s Social Security benefits,” said Christopher Nielsen, Postal Inspector in Charge of the Philadelphia Division of the Postal Inspection Service. “In doing so, he concealed from the government and his extended family that his father had passed away.  Even at sentencing, Mr. Gritman refused to close the door for his family and investigators and identify the whereabouts of his father’s body. This man not only harmed the Social Security system, but he also brought pain upon his extended family. We are pleased to have assisted the United States Attorney’s Office, the Social Security Office of Inspector General, and the FBI in this investigation, and through our collective efforts, bring some closure to the Gritman family, and to protect the Social Security system.”

“Timothy Gritman shamelessly hid his own father’s death, going so far as to attempt to disguise himself as him in order to collect his pension and Social Security payments for more than four years,” said New York State Comptroller Thomas P. DiNapoli. “Thanks to the work of my investigative team and our partners in law enforcement, he has been held accountable. My office will continue to bring anyone who seeks to defraud the pension system to justice.”

The case was investigated by the Federal Bureau of Investigation, Social Security Administration - Office of the Inspector General, U.S. Postal Inspection Service, and the New York State Office of the Comptroller and is being prosecuted by Special Assistant United States Attorney Megan Curran.

PHILADELPHIA – United States Attorney Jacqueline C. Romero announced the unsealing of a seven-count indictment charging five individuals with drug trafficking offenses. The indictment alleges that the defendants were members of a drug trafficking organization (DTO) that distributed methamphetamine and cocaine mailed to, and distributed throughout, the Eastern District of Pennsylvania, including in Reading, Quakertown, Bensalem, Plymouth Township, Coopersburg, and elsewhere.

Members of the DTO used addresses obtained through associates in the Eastern District of Pennsylvania to mail the drugs, and then had members of the organization pick up the packages for subsequent distribution to their dealers.  

During the investigation, law enforcement seized forty firearms, over 100,000 rounds of ammunition, 60 pounds of methamphetamine, one kilogram of fentanyl, one kilogram of cocaine, 65 pounds of marijuana, fentanyl/heroin, 300 fentanyl pills, six pounds of mushrooms, and $15,000.00 in United States currency.

The individuals charged include Michael Sanchez, 32, of Los Angeles, California; Avrian Haywood Mack, 21, of Reading, Pennsylvania; David Matthew Yohn, 53, of Coopersburg, Pennsylvania; Aived Abel Garcia, 25, of Chula Vista, California; and Miguel Aliaga, 36, of Whitehall, Pennsylvania.

If convicted, the defendants face a maximum possible sentence of life imprisonment.

The case was investigated by Homeland Security Investigations (HSI) Philadelphia’s El Dorado Task Force, HSI Allentown, HSI Los Angeles, HSI San Diego, HSI LAX, Bucks County District Attorney’s Office Drug Strike Force, Quakertown Borough Police Department, Richland Township Police Department, Pennsylvania State Police, Liberty Mid-Atlantic High Intensity Drug Trafficking Area (HIDTA), Los Angeles Sheriff’s Department, Berks County Detectives, United States Postal Inspection Service, Pennsylvania Office of the Attorney General (PAOAG), Bensalem Police Department, Montgomery County Detectives, and the Orange County Probation Office and is being prosecuted by Assistant United States Attorney Lizmar Bosques and Special Assistant United States Attorney Tom Gannon.

An indictment, information, or criminal complaint is an accusation. A defendant is presumed innocent unless and until proven guilty.

PHILADELPHIA – United States Attorney Jacqueline C. Romero announced that the United States has filed a complaint in U.S. District Court against Michael DiCiurcio of Philadelphia, Pennsylvania. In its complaint, the United States alleges that DiCiurcio operated small unmanned aircraft systems (“sUAS”) — commonly known as drones — unlawfully and unsafely in the Philadelphia area between at least December 2019 to the present, in violation of Federal Aviation Administration (“FAA”) requirements.

The United States alleges that DiCiurcio operated flights at night, in close proximity to the William Penn Statue, PSFS Building, and the Liberty One Building. On one occasion, the sUAS almost struck a church steeple during flight. The United States alleges that, during certain flights, DiCiurcio improperly operated the sUAS inside of controlled airspace near the Philadelphia International Airport, over people and cars, and, in at least one instance, lost control of the sUAS, causing it to fly uncontrolled over Philadelphia.

The FAA warned DiCiurcio in writing and provided him with counseling and education regarding requirements for safe operations of a sUAS under the Federal Aviation Regulations. The United States alleges that DiCiurcio nonetheless has continued to operate sUASs illegally and in a careless or reckless manner that endangers others. The United States seeks substantial civil penalties and an injunction to prevent additional illegal conduct.   

“Failing to adhere to the safety requirements for flying drones endangers people and property,” said U.S. Attorney Romero. “All drone operators have a responsibility to ensure that they observe all applicable regulations and guidance. Our office is committed to ensuring total compliance with the FAA regulations and we will vigorously enforce violations wherever we find them.”

“We work hard to educate people about safely flying their drones, and we don’t hesitate to take strong enforcement action when pilots deliberately flout the rules,” said Deputy FAA Administrator Katie Thomson.

The allegations regarding unsafe sUAS flights in violation of FAA regulations are described in detail in the complaint. The case is captioned United States of America v. Michael DiCiurcio, Case No. 24-cv-00612 (E.D. Pa.).

The case has been investigated by the FAA’s Flight Standards Division and the U.S. Department of Transportation Office of the Inspector General. The case is being handled by Assistant U.S. Attorney Viveca D. Parker.

All civil claims are allegations only. There has been no determination of civil liability.

PHILADELPHIA – United States Attorney Jacqueline C. Romero announced that Angel Fayez, 19, and Kevin Antun, a.k.a. Acquah Evans, 20, both of Philadelphia, Pennsylvania, pleaded guilty today to one count of carjacking, eight counts of Hobbs Act robbery, and one count of carrying and using a firearm during the commission of a crime of violence.

Fayez and Antun were charged by indictment in March 2023 with these offenses, in connection with a series of gunpoint robberies of businesses in the Kensington and the Lower Northeast sections of Philadelphia.

According to the indictment, the defendants committed one carjacking and robbed a variety of small businesses, stealing approximately $3,613 total between November 22, 2022, and December 3, 2022. The incidents detailed are as follows:

• On November 22, 2022, Fayez and Antun carjacked a woman at the Liberty gas station located at 3949 Kensington Avenue;
• On November 22, 2022, Fayez and Antun robbed the Dollar General located at 1240 E. Erie Avenue;
• On November 22, 2022, Fayez and Antun robbed the Popeyes located at 501 Adams Avenue;
• On November 28, 2022, Fayez and Antun robbed the Texas Chicken and Burger located at 3960 Kensington Avenue;
• On November 30, 2022, Fayez and Antun robbed the Wingstop located at 3855 Aramingo Avenue;
• On November 30, 2022, Fayez and Antun robbed the Wingstop located at 2118 Cottman Avenue;
• On November 30, 2022, Fayez and Antun robbed the Domino’s Pizza located at 6391 Oxford Avenue; and
• On December 3, 2022, Fayez and Antun robbed the Popeyes located at 3541 Aramingo Avenue.

“Fayez and Antun terrorized the community with their brazen gunpoint crimes, at times committing multiple armed robberies in the same day,” said U.S. Attorney Romero. “Taking repeat offenders like these off the street is a priority for my office and our law enforcement partners, as we work to crack down on violent crime in Philadelphia and keep the public safe.”   

“During their vicious crime spree, Fayez and Antun showed a complete disregard for public safety after carjacking an innocent woman and threatening multiple store employees with firearms,” said Eric DeGree, Special Agent in Charge of ATF’s Philadelphia Field Office. “I want to thank the Philadelphia Police Department and the United States Attorney’s Office as we work to protect the people of our district.”

“The brazen carjacking that initiated this crime spree and the violence used throughout these robberies put our community members at a real risk,” said Philadelphia Police Commissioner Kevin Bethel. “I applaud the collaborative efforts of the Philadelphia Police Department, ATF, and U.S. Attorney’s Office that brought these individuals to justice. This case again demonstrates our commitment to tackling carjackings and gun violence that plague our city. We will continue to relentlessly pursue those who choose to terrorize our neighborhoods and ensure they face the full force of the law.”

After pleading guilty, Fayez is set to be sentenced on May 29, 2024, and Antun on May 30, 2024, before the Honorable Juan R. Sanchez.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.

The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Philadelphia Police Department and is being prosecuted by Assistant United States Attorney Robert E. Eckert and Special Assistant United States Attorney David Osborne.

PHILADELPHIA – United States Attorney Jacqueline C. Romero announced that Yaniv Gola, 50, of Philadelphia, Pennsylvania, was charged today by information on eight counts of interstate communication of threats.

The information alleges that between August 2, 2022 and November 5, 2023, Gola used a Voice over Internet Protocol service to mask his phone number and make telephone calls threatening to injure, rape and kill eight different victims. On one of these calls, Gola threatened, “You f***ing Jew, now I know where you are. I’m going to kill all you Jews … You all should be shoved back into ovens. I’m going down to [victim’s business location] to kill you.” On another call, Gola said to a victim, “I want to put a bullet in your head … You f***ing Muslims.” In the most recent call, Gola threatened a victim, “You’re Jewish, I’m from Hamas. You’re animals and pigs … If you don’t leave that place, we’re going to blow you up.”

If convicted, the defendant faces a maximum possible sentence of 40 years’ imprisonment, three years of supervised release, a $2,000,000 fine and an $800 special assessment.

The case was investigated by the Federal Bureau of Investigation and is being prosecuted by Assistant United States Attorney J. Jeanette Kang. The FBI was assisted by the Philadelphia Police Department, the Media Borough Police Department, the Cinnaminson Township (NJ) Police Department, the Newtown Township (Delaware County) Police Department, and the Haddonfield (NJ) Police Department.

An indictment, information, or criminal complaint is an accusation. A defendant is presumed innocent unless and until proven guilty.

PHILADELPHIA – United States Attorney Jacqueline C. Romero announced that Rafael Vega-Rodriguez, 41, of Reading, Pennsylvania, was convicted today at trial of three counts of attempted murder of a federal law enforcement officer, three counts of assault on a federal officer with a deadly weapon, and two related firearms charges, stemming from an incident during which he shot at and tried to kill three FBI Special Agents.

On March 1, 2020, FBI Special Agents were conducting surveillance in the area of Gordon Street in Reading, looking for the defendant, who was the subject of an active state arrest warrant for a parole violation. At approximately 11:45 p.m., the agents saw the defendant walking in the area of West Greenwich Street with a second individual. When the agents attempted to stop him, Vega-Rodriguez drew a handgun from under his sweatshirt and shot at them. He continued to shoot as he and the second individual fled from the scene. 

After an intense manhunt, investigators discovered that Vega-Rodriguez had fled to Leola, Pennsylvania, approximately 30 miles southwest of Reading. He was arrested there by FBI Special Agents and Pennsylvania State Police Troopers in the early morning hours of March 3, 2020.

“Rafael Vega-Rodriguez was so determined not to be arrested and go back to prison that he immediately opened fire on approaching FBI agents,” said U.S. Attorney Romero. “It’s incredibly fortunate that none of the agents, or anyone else for that matter, was hit. When Vega-Rodriguez pulled the trigger that night, he sealed his own fate, and now faces spending the rest of his life behind bars.”

"Every day, FBI agents put themselves in harm's way to protect our communities," said Wayne A. Jacobs, Special Agent in Charge of FBI Philadelphia. "Let this verdict serve as a clear message that if you commit an act of violence against a federal agent, you will be prosecuted to the fullest extent of the law." 

The case was investigated by the Federal Bureau of Investigation and was prosecuted by Assistant United States Attorney Timothy M. Stengel, Assistant United States Attorney Everett Witherell, and former Assistant United States Attorney Mary Futcher.

PHILADELPHIA – United States Attorney Jacqueline C. Romero announced today that the Justice Department has secured an agreement with the Unified Judicial System of Pennsylvania (UJS) to resolve allegations that UJS courts violated the Americans with Disabilities Act (ADA) by preventing individuals under court supervision from taking lawfully prescribed medication to treat opioid use disorder (OUD).

Under the agreement, UJS courts will pay $100,000 to victims, and encourage all its component courts to adopt new policies and train personnel on the ADA’s anti-discrimination requirements regarding OUD and report on their compliance efforts.

“My office is dedicated to fighting the opioid epidemic with every tool that we have,” said U.S. Attorney Romero. “That includes enforcing the ADA to remove discriminatory barriers to treatment for OUD. All too often, people taking medication to treat their OUD are subjected to discrimination based on unfounded stigma associated with these medications. It is a violation of the ADA to deny someone access to programs and services simply because they are taking medication their doctors have prescribed to get and keep their OUD in remission. My office will hold entities that violate the ADA’s anti-discrimination protections accountable.”

“The battle against the opioid epidemic requires not only the vigorous prosecution of those who traffic in and profit from drugs like heroin and fentanyl, but also requires ensuring individuals with opioid use disorder can take their medically prescribed treatment,” said U.S. Attorney Gerard M. Karam for the Middle District of Pennsylvania. “This agreement with the Commonwealth will help ensure that individuals participating in Pennsylvania’s courts who have opioid use disorder will be allowed to follow their providers’ course of treatment, which may include medication that dramatically reduces opioid overdose deaths. This office will enforce the ADA to protect all individuals with disabilities, and this includes our citizens in recovery from addiction.”

The settlement agreement resolves the department’s lawsuit against the UJS, Supreme Court of Pennsylvania and Blair, Jefferson, Lackawanna and Northumberland County Courts of Common Pleas. The department’s complaint, filed in 2022, alleged that UJS courts in multiple counties caused significant harm through the enforcement of their discriminatory administrative policies. The department further alleged that those affected by the UJS court policies were put to an agonizing choice: take their medication and face incarceration or termination from their treatment court program or forgo their medication and suffer painful withdrawal symptoms while risking relapse, overdose and death. As a result, they suffered significant harm. The complaint alleged that the named county courts and other UJS courts had likely harmed many other individuals with OUD through the enforcement of their discriminatory policies.

Under the settlement agreement, the UJS courts will compensate the victims identified in the complaint. They will train all Pennsylvania state court criminal judges and treatment court professionals on the ADA and OUD medication. Several of the named county courts will adopt a robust anti-discrimination policy related to OUD medication. The Administrative Office of Pennsylvania Courts will recommend and encourage all other county courts to adopt the same policy. Finally, the UJS courts will report on their efforts to comply with the agreement, including detailing any complaints about access to OUD medication submitted to any UJS courts during the agreement’s two-year term.

“People with opioid use disorder caught up in the criminal justice system should be supported in seeking treatments that can help them attain recovery,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Under this agreement, courts that categorically restricted the use of opioid treatment medication are required to allow people with opioid use disorder to take proven medications that can put them on a path toward recovery and rehabilitation. Ensuring that courts are employing science-driven and data-informed approaches to the opioid crisis is an important priority for the Civil Rights Division. We will continue to enforce our federal civil rights laws, including the ADA, to ensure that people with disabilities are protected from discrimination.”

The settlement agreement announced today advances the Justice Department’s efforts to combat discrimination against individuals with OUD and to remove discriminatory barriers to treatment. The department has issued public guidance and filed statements of interest on the ADA’s protections for those with OUD. It has entered into multiple settlements with jails and prisons to increase access to OUD medication, including recent agreements in Allegheny County, Pennsylvania; Eastern Kentucky and Massachusetts. It has undertaken enforcement efforts to combat discrimination against individuals with OUD in court supervision programs in Massachusetts. It has also entered numerous settlements to address discriminatory barriers to treatment for OUD outside of the criminal justice context, including barriers related to employment, professional licensing, social services and healthcare.

U.S. Attorney Romero and Deputy Civil Chief for Civil Rights Lauren DeBruicker handled this matter for the Eastern District of Pennsylvania, in collaboration with attorneys from the Disability Rights Section of the Justice Department’s Civil Rights Division and Middle District of Pennsylvania Assistant United States Attorney and Civil Rights Coordinator Michael J. Butler.

For more information about the Justice Department’s work to address discrimination against individuals with opioid use disorder, please visit https://www.ada.gov/topics/opioid-use-disorder/. For more information on the ADA, please call the Department’s toll-free ADA Information Line at 800-514-0301 (TDD 800-514-0383) or visit www.ada.gov.

Members of the public may report possible civil rights violations at civilrights.justice.gov/report. Anyone in the Eastern District of Pennsylvania may also report civil rights violations to the U.S. Attorney’s Office for the Eastern District of Pennsylvania by calling 215-861-8555 or emailing USAPAE.civilrights@usdoj.gov.

PHILADELPHIA – United States Attorney Jacqueline C. Romero announced that Terrence Livorsi, 69, of Glenside, Pennsylvania, has been sentenced to 26 months’ imprisonment and two years of supervised release, and ordered to pay $287,654.72 in restitution, a $10,000 fine, and $100 special assessment for conspiring to commit health care fraud, arising from his operation of an Employee Assistance Program (“EAP”). Livorsi used the EAP to funnel patients to addiction treatment at facilities and programs that he owned in Florida, in order to bill patients’ medical insurance for treatment, including treatment that was not medically necessary.

Livorsi offered his EAP services free of charge and marketed the services mainly to public sector labor unions in New Jersey. Livorsi and his EAP encouraged union officials and representatives to call when a union member was in distress or facing workplace discipline. Upon referral of a union member for EAP services, Livorsi and/or an employee of the EAP collected information from the person, including asking the prospective patient about his or her use of alcohol or drugs. Many prospective patients did not have substance use disorders but were nevertheless fraudulently referred to Recovery Institute of South Florida (“RISF”), a substance use treatment facility that Livorsi also owned and operated. Patients were pressured to fly to Florida immediately for treatment at RISF, allegedly to save their jobs. The people that Livorsi and his staff members referred to RISF were not told that Livorsi owned RISF or that he would benefit financially by billing their health insurance.

From at least January 2014 until RISF closed in April 2018, it was the business of Livorsi’s EAP to send patients to treatment at RISF. RISF depended on the EAP to refer patients for treatment and made money by billing insurers for those referred patients. The EAP, which did not charge anyone for its services, depended on RISF to finance its operations. As the sole owner of both RISF and the EAP, Livorsi controlled every aspect of their operations, including the finances and bank accounts of both organizations. Livorsi directly profited when RISF profited. Livorsi directed RISF to pay bonuses to his staff, including himself, for admissions to RISF that the employee had procured. Although he was not a licensed caregiver and was infrequently present at RISF, Livorsi exercised control over when patients could be discharged from RISF and would keep patients as long as possible to maximize the opportunities to bill insurance.

Livorsi was charged by an information filed April 11, 2023, and entered a plea of guilty on May 8, 2023.

“Terrence Livorsi’s scheme was to use an Employee Assistance Program he owned to funnel patients to a drug treatment facility that he also owned — whether they had substance abuse issues or not — keep them there as long as possible, and profit,” said U.S. Attorney Romero. “He gave no thought to these people’s wellbeing, or their lives and livelihoods, just the money he could bilk from their insurance plans. Health care fraud is an incredibly costly crime and a high priority for the Department of Justice. That’s why we and the FBI will continue to work together to hold fraudsters like Terrence Livorsi accountable.”

The case was investigated by the FBI Philadelphia Health Care Fraud Task Force, which includes agents from the Pennsylvania Attorney General's Office and the Philadelphia Police Department, and the Employee Benefit Security Administration of the United States Department of Labor, and is being prosecuted by Assistant United States Attorney Elizabeth Abrams.

The Justice Department announced today that it has secured an agreement with the Unified Judicial System of Pennsylvania (UJS) to resolve allegations that UJS courts violated the Americans with Disabilities Act (ADA) by preventing individuals under court supervision from taking lawfully prescribed medication to treat opioid use disorder (OUD).

Under the agreement, UJS courts will pay $100,000 to victims, and encourage all its component courts to adopt new policies and train personnel on the ADA’s anti-discrimination requirements regarding OUD and report on their compliance efforts. 

“People with opioid use disorder caught up in the criminal justice system should be supported in seeking treatments that can help them attain recovery,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Under this agreement, courts that categorically restricted the use of opioid treatment medication are required to allow people with opioid use disorder to take proven medications that can put them on a path toward recovery and rehabilitation. Ensuring that courts are employing science-driven and data-informed approaches to the opioid crisis is an important priority for the Civil Rights Division. We will continue to enforce our federal civil rights laws, including the ADA, to ensure that people with disabilities are protected from discrimination.”

“My office is dedicated to fighting the opioid epidemic with every tool that we have,” said U.S. Attorney Jacqueline C. Romero for the Eastern District of Pennsylvania. “That includes enforcing the ADA to remove discriminatory barriers to treatment for OUD. All too often, people taking medication to treat their OUD are subjected to discrimination based on unfounded stigma associated with these medications. It is a violation of the ADA to deny someone access to programs and services simply because they are taking medication their doctors have prescribed to get and keep their OUD in remission. My office will hold entities that violate the ADA’s anti-discrimination protections accountable.”

“The battle against the opioid epidemic requires not only the vigorous prosecution of those who traffic in and profit from drugs like heroin and fentanyl, but also requires ensuring individuals with opioid use disorder can take their medically prescribed treatment,” said U.S. Attorney Gerard M. Karam for the Middle District of Pennsylvania. “This agreement with the Commonwealth will help ensure that individuals participating in Pennsylvania’s courts who have opioid use disorder will be allowed to follow their providers’ course of treatment, which may include medication that dramatically reduces opioid overdose deaths. This office will enforce the ADA to protect all individuals with disabilities, and this includes our citizens in recovery from addiction.”

The settlement agreement resolves the department’s lawsuit against the UJS, Supreme Court of Pennsylvania and Blair, Jefferson, Lackawanna and Northumberland County Courts of Common Pleas. The department’s complaint, filed in 2022, alleged that UJS courts in multiple counties caused significant harm through the enforcement of their discriminatory administrative policies. The department further alleged that those affected by the UJS court policies were put to an agonizing choice: take their medication and face incarceration or termination from their treatment court program or forgo their medication and suffer painful withdrawal symptoms while risking relapse, overdose and death. As a result, they suffered significant harm. The complaint alleged that the named county courts and other UJS courts had likely harmed many other individuals with OUD through the enforcement of their discriminatory policies.

Under the settlement agreement, the UJS courts will compensate the victims identified in the complaint. They will train all Pennsylvania state court criminal judges and treatment court professionals on the ADA and OUD medication. Several of the named county courts will adopt a robust anti-discrimination policy related to OUD medication. The Administrative Office of Pennsylvania Courts will recommend and encourage all other county courts to adopt the same policy. Finally, the UJS courts will report on their efforts to comply with the agreement, including detailing any complaints about access to OUD medication submitted to any UJS courts during the agreement’s two-year term.

The settlement agreement announced today advances the Justice Department’s efforts to combat discrimination against individuals with OUD and to remove discriminatory barriers to treatment. The department has issued public guidance and filed statements of interest on the ADA’s protections for those with OUD. It has entered into multiple settlements with jails and prisons to increase access to OUD medication, including recent agreements in Allegheny County, Pennsylvania; Eastern Kentucky and Massachusetts. It has undertaken enforcement efforts to combat discrimination against individuals with OUD in court supervision programs in Massachusetts. It has also entered numerous settlements to address discriminatory barriers to treatment for OUD outside of the criminal justice context, including barriers related to employment, professional licensing, social services and healthcare.

The Justice Department’s Civil Rights Division handled this matter in collaboration with the U.S. Attorneys’ Offices for the Eastern and Middle Districts of Pennsylvania.

The Justice Department plays a central role in advancing the nation’s goal of equal opportunity, full participation, independent living and economic self-sufficiency for people with disabilities. For more information about the Justice Department’s work to address discrimination against individuals with opioid use disorder, please visit www.ada.gov/topics/opioid-use-disorder/. For more information on the ADA, please call the department’s toll-free ADA Information Line at 800-514-0301 (TDD 800-514-0383) or visit ada.gov. Members of the public may report possible civil rights violations at civilrights.justice.gov/report.

PHILADELPHIA – United States Attorney Jacqueline C. Romero announced that Alpha Omega Mayhue, 39, of Philadelphia, Pennsylvania, was charged today by indictment with one count of conspiracy to commit identity theft, seven counts of misuse of a Social Security number, seven counts of aggravated identity theft, twenty-one counts of false statements, and one count of cyberstalking.  

The indictment alleges that from February 2018 to March 2021, Mayhue, who served in the United States Army with his victims, stole and used their personally identifiable information to harass and stalk them over past grievances he had with them in the military. Mayhue and his co-conspirators impersonated the victims and conducted numerous unauthorized transactions with banks, credit unions, the Federal Trade Commission, and other entities. In addition, Mayhue cyberstalked one victim, claiming he was surveilling her and subjecting her to sexual threats. If convicted of these offenses, the defendant faces a maximum possible sentence of 164 years’ imprisonment, three years of supervised release, a $9,250,000 fine, and a $3,700 special assessment.

The case was investigated by the Defense Criminal Investigative Service (“DCIS”) and the Federal Deposit Insurance Company Office of Inspector General (“FDC-OIG”) and is being prosecuted by Assistant United States Attorney Josh A. Davison.

An indictment, information, or criminal complaint is an accusation. A defendant is presumed innocent unless and until proven guilty.

PHILADELPHIA – United States Attorney Jacqueline C. Romero announced that Khalil Dickens, 20, of Philadelphia, Pennsylvania, was arrested and charged by indictment with one count of conspiracy, eight counts of carjacking and aiding and abetting, and four counts of using a firearm during a crime of violence and aiding and abetting.

Between approximately June 2023 and July 2023, Dickens and others allegedly took part in eight armed carjackings and nine additional robberies, in the city of Philadelphia, several of which involved the perpetrators physically assaulting, or even shooting at, their victims.

If convicted, the defendant faces a maximum possible sentence of life imprisonment.

The case is being investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Philadelphia Police Department.

An indictment, information, or criminal complaint is an accusation. A defendant is presumed innocent unless and until proven guilty.

PHILADELPHIA – United States Attorney Jacqueline C. Romero announced that Korey Wise was sentenced today to 51 months’ imprisonment and two years of supervised release by United States District Judge Nitza Alejandro Quinones for defrauding Amtrak and Trailways Transportation Systems of approximately $475,910. Wise was also ordered to pay full restitution of that sum.

On May 17, 2023, defendant Wise, 48, pleaded guilty to two counts of wire fraud and one count of aggravated identity theft before United States District Judge Edwardo C. Robreno.     

From January 2014 through May 2017, Wise devised a scheme in which he made telephone calls to individuals and small business owners located throughout the country. During these calls, he pretended to be a representative of a utility company, calling to collect an overdue bill or an official from a licensing board that oversaw nail salons. Wise falsely told the business owner that the business owed an inspection fee and if the fee was paid over the telephone with a credit card, the fee would be less. Unbeknownst to the victims, he then used the credit card information he collected to purchase travel reservations on carriers, including Amtrak and Trailways Transportation Systems, and then resold those reservations for profit.

The investigation revealed that Wise victimized individuals and small business owners, who spoke English as a second language, throughout the country. He fraudulently obtained the credit card information of three victims located in the Eastern District of Pennsylvania at the time of his calls. Wise falsely told these three victims, who each owned nail salons, that he was from the Cosmetology Board and the Board was planning an inspection of their salon. He told each victim that he or she could prepay the fee with a credit card. Without their knowledge and authorization, Wise used their respective credit cards to purchase reservations from Trailways Transportation Systems in various amounts.

“Korey Wise defrauded Amtrak and Trailways of nearly half a million dollars, using the stolen identities of innocent people to do so,” said U.S. Attorney Romero. “It’s despicable that he specifically targeted victims for whom English may have been a second language, hoping they’d be easier to exploit. My office and our law enforcement partners will continue to hold financial fraudsters like Wise accountable for their crimes.”

The case was investigated by the Amtrak Police Department, the Amtrak Office of the Inspector General, the United States Secret Service, and the United States Postal Inspection Service and is being prosecuted by Assistant United States Attorney Terri A. Marinari.

PHILADELPHIA – United States Attorney Jacqueline C. Romero announced that Dulce Huertas, 60, of Philadelphia, Pennsylvania, was arrested and charged by criminal complaint with interference with flight crew members and attendants, simple assault, and indecent exposure on a Frontier Airlines flight from Orlando, Florida, to Philadelphia.

If convicted, the defendant faces a maximum possible sentence of 21 years and three months in prison, three years of supervised release, and a $355,000 fine.

The case is being investigated by the Federal Bureau of Investigation and the Federal Air Marshal Service, an agency of the Department of Homeland Security’s Transportation Security Administration. The Philadelphia Police Department has also provided assistance.

An indictment, information, or criminal complaint is an accusation. A defendant is presumed innocent unless and until proven guilty.

PHILADELPHIA – United States Attorney Jacqueline C. Romero announced that Gregory Stevens, 25, of Philadelphia, Pennsylvania, was sentenced to 413 months’ imprisonment by United States District Judge Mitchell S. Goldberg for shooting a pharmacy employee during a robbery.

On February 22, 2021, at 3:55 p.m., the defendant entered Universal Pharmacy at 3908 Kensington Avenue in Philadelphia while on parole for another robbery. The defendant brandished a gun and demanded narcotics. After an employee tried to defend himself by putting the defendant into a bear hug, the defendant broke free, intentionally shot the employee, and took $8,200 in narcotics from the pharmacy. The employee survived his injuries but spent three days in the Temple University Hospital ICU and sustained severe damage to his liver.

On March 9, 2021, before being arrested for the robbery and shooting, the defendant rode on South Broad Street in a group of dirt bikes in the middle of the day. The defendant suddenly slowed, and he was tapped by the car behind him near the intersection of Broad and Washington. When the car’s driver exited the vehicle to check on the defendant, the defendant assaulted the driver, grabbed a firearm, and nearly shot the driver. The defendant then threw cinder blocks at the driver’s vehicle while the driver hid inside, unable to drive away because of the vehicles in front of him. A viral video of the attack attracted national and international media attention.

“Gregory Stevens has proven himself to be a vicious and violent repeat offender with no regard for others,” said U.S. Attorney Romero. “He was so determined to steal drugs, he shot a pharmacy employee, inflicting life-changing injuries. Just two weeks later, his shocking assault on a driver horrified people around the world. The lengthy sentence imposed today ensures Mr. Stevens will be off the street for decades, making the city safer for all.”

“Predatory violent criminals like Gregory Stevens terrorize our communities,” said Wayne A. Jacobs, FBI Philadelphia's Special Agent in Charge. “Today’s sentencing resulted from the coordinated efforts of the FBI and our community partners. The FBI and its law enforcement partners will never stop working to make our communities safer and free from violent crime.”

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.

The case was investigated by the Federal Bureau of Investigation and prosecuted by Assistant United States Attorney Michael R. Miller.

PHILADELPHIA – U.S. Attorney Jacqueline C. Romero announced that two owners of a popular South Philadelphia cheesesteak restaurant were sentenced to prison today for their decade-long conspiracy to defraud the IRS. The court sentenced Nicholas Lucidonio, 57, and Anthony Lucidonio Sr., 84, to 20 months in prison each.

According to court documents and statements made in court, the Lucidonios owned and operated Tony Luke’s, a cheesesteak and sandwich restaurant located in South Philadelphia. From 2006 to 2016, they hid from the IRS more than $8 million in cash receipts by, among other things, depositing only a portion of the cash they received into Tony Luke’s business bank accounts and providing incomplete information to their accountant, which caused their accountant to file false tax returns that substantially underreported business receipts and income.

The Lucidonios also committed employment tax fraud by paying employees “off the books” in cash. To evade detection, they paid most employees a portion of their wages “on the books.” The Lucidonios then paid the remainder of their wages in cash without withholding federal income tax, Social Security and Medicare taxes or paying those to the IRS. They did not report these cash wages to their accountant, which caused the accountant to prepare and file false quarterly employment tax returns with the IRS.

When a dispute over Tony Luke’s franchising rights arose between the Lucidonios and another individual in 2015, the Lucidonios became concerned that their tax fraud scheme would be revealed, so they directed that the prior year’s tax returns be amended to increase reported sales. The Lucidonios continued to hide their ongoing payroll tax scheme.

As a result of their tax fraud scheme, the defendants caused a loss of $1,321,042 to the United States.

“For a decade, these successful restaurateurs boldly cooked the books, cheating the government and honest taxpayers alike,” said U.S. Attorney Romero. “As this investigation and prosecution show, tax fraud is a crime with some pretty high stakes, with violators held fully accountable.”

“Anyone contemplating cheating on their taxes should know that IRS Criminal Investigation Special Agents work tirelessly, year-round, to investigate tax and financial crimes,” said IRS Criminal Investigation Special Agent in Charge Yury Kruty. “Our largest enforcement program is directed at the portion of American taxpayers who willfully and intentionally violate their known legal duty of filing and paying their taxes.”

In addition to the terms of imprisonment, U.S. District Judge Gerald A. McHugh ordered both defendants to serve three years of supervised release.

IRS Criminal Investigation investigated the case.

Acting Section Chief John Kane of the Justice Department’s Tax Division and Criminal Division Chief Richard Barrett of the Eastern District of Pennsylvania are prosecuting the case.

Two men attended sentencing hearings today in federal court for their roles in creating false calibration certificates in a matter within the jurisdiction of the Nuclear Regulatory Commission (NRC).

Miguel Marcial Amaro and Martin Ramos had each previously pleaded guilty to the felony offense of making and using a false document, in violation of 18 U.S.C. § 1001. Each defendant is banned from participation or employment in NRC-licensed activities as a condition of their plea agreement – Marcial Amaro for five years and Ramos for two years.

According to court documents, Marcial Amaro and Ramos both worked for a company that provided acoustic emissions (AE) testing to nuclear power plants to detect structural defects in the plant’s equipment, including critical components within the nuclear reactors.

Between 2010 and 2021, Marcial Amaro was responsible for ensuring that the company’s AE testing equipment was calibrated annually; Ramos worked under Marcial Amaro as an engineer. The two men created numerous false calibration certificates for AE testing equipment and 15 of these false certificates were sent a total of 29 times to nuclear plant owners as part of final testing reports required by NRC. The falsified calibration certificates were discovered in 2021 during an external audit.

Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division (ENRD) and U.S. Attorney Jacqueline C. Romero for the Eastern District of Pennsylvania made the announcement.

The NRC’s Office of Investigation conducted the investigation.

Senior Trial Attorney Daniel Dooher and Trial Attorney Rachel M. Roberts of ENRD’s Environmental Crimes Section and Assistant U.S. Attorney Joan E. Burnes for the Eastern District of Pennsylvania are prosecuting the case.

PHILADELPHIA – United States Attorney Jacqueline C. Romero announced today that Jai Shri Krishna LLC, the current owner of Pennmark Pharmacy in Philadelphia, and Pennmark Pharmacy Inc., the former owner of the pharmacy, have separately agreed to pay, in total, over $4.6 million to resolve the False Claims Act liability of Jai Shri Krishna and its pharmacist and the unjust enrichment liability of Pennmark Pharmacy Inc.

Jai Shri Krishna LLC has operated Pennmark Pharmacy on South Street in southwestern Center City since January 2018. During that time, Antim Patel, a member of the LLC, has been Pennmark Pharmacy’s principal pharmacist. Jai Shri Krishna LLC and Mr. Patel will jointly pay $3,955,173.79 to the federal government to resolve allegations that they violated the False Claims Act by billing Medicare and Medicaid for prescription medications that were not actually dispensed during the period from January 12, 2018, through September 30, 2020. These medications include but are not limited to Latuda, Sprycel, Metformin Hydrochloride, Truvada, Advair Diskus, Genvoya, Triumeq, Tremfya, Tivicay, Breo Ellipta, Anoro Ellipta, Spiriva Respimat, Januvia, Vanos 0.1% cream, Isentress, and Biktarvy. In some cases, such as for Metformin Hydrochloride and Vanos 0.1% cream, the government alleges that Jai Shri Krishna LLC billed Medicare for high-cost formulations of the medications while dispensing lower-cost formulations to beneficiaries.

As part of their resolution with the United States, Jai Shri Krishna LLC and Antim Patel have entered into an integrity agreement with the Department of Health and Human Services, Office of the Inspector General. The integrity agreement requires them to undertake substantial compliance obligations and to contract with an Independent Review Organization that will conduct third-party audits of their Medicare claims and drug inventory.

Pennmark Pharmacy Inc. has separately agreed to pay $700,530 to resolve allegations that it and its principal, Engin Celik, were unjustly enriched as a result of billing Medicare and Medicaid, during the period from June 17, 2015, through January 11, 2018, for prescription medications that were not actually dispensed. These medications include but are not limited to Symbicort, Aripiprazole, Ventolin HFA, Isentress, Sensipar, Advair Diskus, Prezista, Renvela, and Flovent HFA.

“Pharmacies and pharmacists are in a position to serve their communities as vital components of our medical system; they have a responsibility not to abuse their positions for profit,” said U.S. Attorney Romero. “Taxpayers expect that their dollars will be spent on medications needed by Medicare and Medicaid beneficiaries. The U.S. Attorney’s Office works every day to ensure that taxpayer dollars are not wasted on fraud and abuse.”

“Pharmacies are responsible for all claims they submit to Medicare and Medicaid,” said Maureen R. Dixon, Special Agent in Charge of the Philadelphia Regional Office of the Department of Health and Human Services Office of the Inspector General. “HHS-OIG and the U.S. Attorney’s Office take allegations of health care fraud seriously and will work together to ensure taxpayer dollars are only spent on bona fide medical claims.”

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

This case was investigated by the U.S. Department of Health and Human Services Office of the Inspector General. It was handled by Assistant U.S. Attorneys Elizabeth L. Coyne and Rebecca S. Melley and Auditor George Niedzwicki.    

PHILADELPHIA – U.S. Attorney Jacqueline C. Romero announced that Jessica Navarro, 31, of Winter Springs, Florida, was sentenced to nine months’ imprisonment and one year of supervised release by the Honorable Judge Nitza I. Quinones Alejandro.

In June 2023, Navarro pleaded guilty to one count of interfering with a flight crew, one count of assaulting a flight attendant, and one count of assaulting a passenger. On January 11, 2022, the defendant, under the influence of alcohol, had kicked the seats in front of her, spat on passengers, and physically resisted the flight crew. The defendant’s conduct escalated, with Navarro striking a flight attendant and a passenger, causing a Frontier Airlines flight that departed Orlando, Florida, to be diverted from its intended Islip, New York, destination and land at Philadelphia International Airport.

“Jessica Navarro’s violent conduct endangered and traumatized passengers, and severely inconvenienced everyone aboard that plane,” said U.S. Attorney Romero. “Air travel can already be a stressful experience, and the last thing anyone should have to deal with is such drunken and dangerous behavior en route to their destination. If you commit a federal crime aboard an aircraft, expect to be held accountable.”

“Passengers like Navarro do more than disrupt a flight, they put all passengers and the entire crew at risk,” said Wayne A. Jacobs, FBI Philadelphia's Special Agent in Charge. “Today’s sentencing sends a message to anyone who might engage in disruptive behavior or violence aboard an aircraft: Upon your arrival, FBI agents will be waiting to bring you to justice.”

The case was investigated by the Federal Bureau of Investigation and is being prosecuted by Assistant United States Attorney Josh A. Davison.

PHILADELPHIA – United States Attorney Jacqueline C. Romero announced that Cushmir McBride, 24, of Yeadon, PA, entered a plea of guilty before United States District Court Judge Gene E.K. Pratter for conspiracy to maliciously damage property used in interstate commerce by means of an explosive, and aiding and abetting, as well as five separate counts alleging maliciously damaging property used in interstate commerce by means of an explosive.

In addition, on January 11, 2024, Nasser McFall, 23, of Claymont, DE, was sentenced to six and a half years in prison and three years of supervised release by United States District Court Judge Gene E.K. Pratter for the explosive incidents described below. On June 29, 2022, McFall had pleaded guilty to conspiracy to maliciously damage property used in interstate commerce by means of an explosive, and aiding and abetting, as well as four separate counts alleging maliciously damaging property used in interstate commerce by means of an explosive.

McBride and McFall, along with Kamar Thompson, 34, of Philadelphia, PA, were charged by indictment in April of 2021 for their involvement in four separate incidents in Fall 2020: the robberies of a Target and a Wawa, and attempts to rob two different Wawas, all with multiple explosive devices. McFall was also charged with setting off an explosive device at a bank in Philadelphia later that year. McBride and McFall were previously arrested and charged by complaint, and Thompson was already in federal custody facing charges in a separate case involving the possession of a firearm by a convicted felon.

On November 3, 2021, Thompson pleaded guilty to conspiracy to maliciously damage property used in interstate commerce by means of an explosive, and aiding and abetting, six counts alleging maliciously damaging property used in interstate commerce by means of an explosive, and possession of a firearm by a convicted felon.

On January 20, 2022, McBride and McFall were charged by superseding indictment, which added a charge alleging that McBride set off an explosive device at a Wells Fargo bank ATM in the Chestnut Hill section of Philadelphia on March 2, 2021. The superseding indictment also alleged that McBride, McFall, and Thompson stole over $400,000 from Capital One Bank (Target), PNC Bank (Wawa), and Wells Fargo.

As background:

On October 26, 2020, a Philadelphia police officer-involved shooting occurred in the Cobbs Creek section of Philadelphia, resulting in the death of Walter Wallace, Jr. Peaceful protests began that evening and continued into the following days, accompanied by a period of civil unrest, with widespread incidents of looting and violence in various neighborhoods in Philadelphia.

On October 28, 2020, defendants McBride, Thompson and McFall conspired to break into a Target in the Port Richmond section of Philadelphia and set off an explosive device in order to steal money from an ATM inside. The defendants had broken into a Wawa the following day, October 29, on Richmond Street in Philadelphia, where they once again set off explosive devices in order to steal money from the ATM. On October 31, 2020, the defendants broke into another Wawa in Northeast Philadelphia and detonated an explosive device. The indictment further alleged that the defendants set off an explosive device in another Wawa in Claymont, DE, on November 4, 2020, in an attempt to rob this store in the same manner. All three defendants were later charged with setting off an explosive device inside an ATM at a Wells Fargo bank in Philadelphia on December 2, 2020. McBride was then charged with setting off an explosive device at a Wells Fargo ATM in Philadelphia on March 2, 2021. The defendants were able to steal approximately $417,000 during the course of the conspiracy.

“The Department of Justice remains committed to protecting the rights of individuals to peacefully exercise their First Amendment freedoms,” said U.S. Attorney Romero. “However, violence and destruction of property like this clearly jeopardize the rights and safety of all citizens. As evidenced by McBride’s plea and McFall’s sentence, if you seek to use peaceful protests as cover to pursue your own violent criminal agenda, my office and our law enforcement partners will bring you to justice.”

“Both defendants recklessly used explosive devices at least six times, each with the potential to cause significant damage and injure countless people,” said Eric DeGree, Special Agent in charge of ATF’s Philadelphia Field Office. “ATF is committed to protecting our communities from harm and working with our law enforcement partners to disrupt violent explosives-related activity. I want to thank the Philadelphia Police Department, Delaware State Police, Upper Chichester Police Department, and the United States Attorney’s Office for their efforts in this case.”

The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Philadelphia Police Department, with assistance from Delaware State Police and Upper Chichester Police Department and is being prosecuted by Assistant United States Attorney Robert E. Eckert and Special Assistant United States Attorney David Osborne.

U.S. Attorney Jacqueline C. Romero announced today that Temple University Health System, Inc. (“Temple Health”) has reached an agreement with the United States to improve employee training and awareness of the Americans with Disabilities Act (“ADA”), to resolve allegations that Temple Universal Hospital – Episcopal Campus (“Episcopal Hospital”) violated the ADA by denying full and equal access to Episcopal Hospital’s Emergency Department (“ED”) based on an individual’s disability and use of a service animal.

Under the ADA, all hospitals, as places of public accommodation, must provide emergency services to members of the general public. This resolution arises out of an investigation into whether Episcopal Hospital denied an individual with a service animal access to its ED, which is in violation of the ADA.

“All individuals, including individuals with disabilities who require the use of service animals, should have equal access to all hospital services, especially vital emergency services.” said U.S. Attorney Romero. “Episcopal Hospital cooperated with the investigation and has recognized the importance of raising awareness of the ADA and service animals.”

To resolve the matter, Episcopal Hospital has agreed to make improvements to both the timing and frequency of employee training related to the ADA and service animals. Specifically, it will require all newly hired staff and security contractors to review its service animal policy, and complete ADA training, within the first week of employment with Episcopal Hospital and on an annual basis thereafter. Episcopal Hospital has further agreed to post a quick-reference reminder about the ADA and service animals at the entrance of the ED.

The U.S. Attorney’s Office for the Eastern District of Pennsylvania is committed to investigating alleged violations of the ADA. Those interested in learning more about obligations under the ADA may access www.ada.gov or call the Department of Justice’s toll-free information line at (800) 514-0301 or (800) 514-0383 (TDD). Information about filing a complaint, including instructions for filing a complaint online, can be found at https://www.justice.gov/crt/how-file-complaint.

Assistant U.S. Attorneys Mansi G. Shah and Deborah W. Frey handled the matter.

PHILADELPHIA – United States Attorney Jacqueline C. Romero announced that John A. Miller, 74, of Philadelphia, Pennsylvania, was arrested and charged by indictment on charges of wire fraud.

The indictment alleges that Miller, who served as executive director and treasurer of a non-profit fund in Philadelphia, used his position of trust to steal more than $1.6 million intended for widows and orphans of deceased clergy. The indictment alleges that from January 2015 through May 2022, the defendant devised a scheme to divert money from the fund to himself by, among other means, presenting false and fraudulent financial information to other fund executives and its outside auditors. The indictment alleges that Miller then used this money to fund personal purchases for himself, including international cruises, vacations to the Caribbean, and a luxury condominium.  

If convicted, the defendant faces a maximum possible sentence of 60 years’ imprisonment.

The case was investigated the Federal Bureau of Investigation, and is being prosecuted by Assistant United States Attorney Jerome M. Maiatico.

An indictment, information, or criminal complaint is an accusation. A defendant is presumed innocent unless and until proven guilty.

PHILADELPHIA – United States Attorney Jacqueline C. Romero announced that Edward Scott Rock, 47, of Philadelphia, Pennsylvania was arrested and charged by Indictment on charges of mail and wire fraud for conducting a non-delivery sales scheme in which Rock accepted payment for, but failed to deliver, automobiles to approximately 120 purchasers.     

The Indictment alleges that between 2019 and 2023, Edward Scott Rock obtained used vehicles from automobile auctions, and then listed and advertised them for sale on the Internet. The majority of vehicles sold by Rock to victims were accessible vehicles equipped for wheelchair-users or people with disabilities. Despite signing bills of sale for the vehicles, and accepting payment, Rock did not deliver the vehicles as agreed upon. In total, Rock defrauded approximately 120 victims across 36 states, and caused losses exceeding $2.5 million. Approximately two-thirds of Rock’s victims were persons with a physical or mobility disability, persons over the age of 65, or businesses which provided transportation services to those populations.  

On several occasions, Edward Scott Rock sold the same vehicle to multiple customers. After agreeing to sale terms and accepting payment from a customer for a particular vehicle, Rock continued to list, sell, and accept payment for that same vehicle again, this time from a new victim-purchaser. In one instance, Rock agreed to sell a particular vehicle – a wheelchair-accessible 2017 Ford T150 van – to 13 different buyers over an 11-month period between February 2022 and January 2023. Despite accepting 13 payments from 13 different buyers and collecting over $260,000 all for the same vehicle, Rock only delivered the vehicle to one buyer (albeit without proper title). Rock failed to deliver the vehicle to the other 12 victims, who had all also purchased and paid for the vehicle.

If convicted, the defendant faces a maximum possible sentence of 170 years’ imprisonment, a 5-year period of supervised release, a $2,750,000 fine, and restitution and forfeiture.

The case was investigated by the Federal Bureau of Investigation, with assistance from the Philadelphia Police Department, Major Crimes, Auto Squad, and the Pennsylvania Office of Attorney General, Bureau of Consumer Protection. The case is being prosecuted by Assistant United States Attorney Samuel S. Dalke.

An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.

PHILADELPHIA – United States Attorney Jacqueline C. Romero announced that Michael Boyer, 31, of Philadelphia, Pennsylvania was sentenced to 10 years in prison and three years of supervised release by United States District Court Judge Timothy J. Savage for carjacking.

On May 22, 2022, the defendant used a realistic-looking BB gun with a laser sight to carjack two men sitting in a car next to Love Park in Philadelphia. Evidence introduced at trial showed the defendant told the two men to leave the keys in the car and further stated “Do you want to get shot?” when one victim tried to grab a backpack. The victim identified the defendant, in part, because he was shirtless during the carjacking and had a large “Uptown” tattoo on his chest.

Only twelve hours later, Philadelphia Police officers located the defendant and his accomplice driving the stolen car in West Philadelphia. When officers tried to stop them, the two men led police on a high-speed chase that ended when the men crashed after striking a teenager on a bicycle. The two men were arrested after a foot chase following the crash.

“Today's sentencing sends a message to would be carjackers and reaffirms our ongoing commitment to keeping our citizens safe,” said U.S. Attorney Romero. "This carjacking at Love Park garnered a great deal of attention, and equally worthy of attention is the resulting ten-year sentence that will be served by Michael Boyer in federal prison.  We will continue working with our partners and proudly serving as part of the joint carjacking task force led by the Philadelphia Police Department in making sure violent individuals are held accountable when they threaten the safety of the community.”

“The crimes committed by the defendant were reckless and dangerous.  The defendant not only threatened an individual with bodily harm, but he also led the Police on a vehicle pursuit in which the defendant struck an innocent teenager riding their bicycle” said ATF Special Agent in Charge Eric DeGree. “I want to thank the Philadelphia Police Department and the United States Attorney’s office for their continuing support of the Carjacking Task Force and bringing the defendant to justice.”

The case was investigated by the Philadelphia Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and is being prosecuted by Special Assistant United States Attorney Brian Doherty and Assistant United States Attorney Christopher E. Parisi.

PHILADELPHIA – United States Attorney Jacqueline C. Romero announced that Amir Wilson, 22, of Philadelphia, Pennsylvania, was convicted by a jury of conspiracy, two counts of carjacking, and using or carrying a firearm during a crime of violence arising from his role in two carjacking incidents that took place in Philadelphia in May 2021.

On the evening of May 15, 2021, at approximately 10:30 p.m., Wilson and others pulled alongside a man on his way to work, produced guns, and demanded his keys while holding him at gunpoint. The group then fled the scene in their original vehicle and the victim’s carjacked vehicle. Hours later, on May 16, 2021, at approximately 3:00 a.m., Wilson and others pulled alongside two men who were leaving a graduation celebration for a friend. The carjackers again produced guns and demanded the keys to that victim’s vehicle and fled the scene in the two cars. A short time later, members of the Philadelphia Police Department spotted the carjacked vehicle and attempted to stop it. The vehicle fled from police, leading them on a high-speed chase that was discontinued for safety reasons. Police found the second victim’s car abandoned a short time later.

On May 16, 2021, at approximately 5:15 p.m., members of the Philadelphia Police Department were on routine patrol and spotted the first victim’s vehicle. They attempted to stop the car, but it fled from police, leading them on another chase. Police caught up to the car after it struck another vehicle and crashed through a fence at Germantown and Hunting Park Avenues and saw Wilson flee from the car on foot. He was apprehended a short time later. Digital and forensic evidence  linked Wilson to the two carjacking incidents.

“Amir Wilson’s guilty verdict reaffirms our ongoing commitment to keeping our citizens safe,” said U.S. Attorney Romero. This case is another excellent example of ATF’s continued efforts working with our partners and proudly serving as part of the joint carjacking task force led by the Philadelphia Police Department. We will continue working with our local, state, and federal partners in making sure violent individuals are held accountable when they threaten the safety of the community.”

“The type of violent crimes committed by the defendant are the very reason the carjacking task force was created,” said ATF Special Agent in Charge Eric DeGree. “The ATF will continue to support the Philadelphia Police Department and the United States Attorney’s Office, as we seek to create a safer city for the citizens of Philadelphia.” 

The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Philadelphia Police Department, and is being prosecuted by Assistant United States Attorneys Priya T. De Souza and Martin E. Howley, Jr.

PHILADELPHIA – BioTelemetry, Inc. and its subsidiary, LifeWatch Services, Inc., headquartered in Malvern, Pennsylvania and Rosemont, Illinois, respectively, have agreed to pay $14,734,628 to resolve allegations that they violated the False Claims Act when LifeWatch, through its marketing and enrollment process for remote cardiac monitoring services, knowingly submitted false claims to federal health care programs for a higher level of remote cardiac monitoring service than physicians had intended to order or which was medically necessary, thus resulting in a higher level of reimbursement to LifeWatch.

Specifically, the United States contends that, during the period July 1, 2014 through December 31, 2020, Defendants marketed LifeWatch’s 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, event monitoring, and telemetry. Of these, Holter provided the lowest rate of reimbursement from federal healthcare programs, and telemetry provided the highest rate of reimbursement. 

The United States contends that Defendants knew the design of LifeWatch Connect (the online enrollment portal for this device) caused unwitting clinical staff to select options that would enroll the patient in telemetry, even when the doctor intended to order a less expensive service. The United States also contends that Defendants’ sales personnel instructed clinical staff to select these options—even when Defendants knew the clinic’s physicians intended to order event monitoring for many or all patients—and then provided and billed for telemetry services.  Defendants also allegedly disregarded notes clinics included in their enrollments that specifically requested event monitoring and did not consistently comply with clinics’ instructions about the appropriate handling of their enrollments, even after such issues were brought to Defendants’ attention.

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 Jacqueline C. Romero, United States Attorney 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.”

“Companies are required to submit accurate claims based on patient needs,” said Maureen R. Dixon, Special Agent in Charge of the Philadelphia Regional Office of the Department of Health and Human Services, Office of the Inspector General. “HHS-OIG will continue to work with the U.S. Attorney’s Office and our law enforcement partners, to investigate allegations of the False Claims Act.”

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 Defendants’ customers, and SFP I, LLC. 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 United States ex rel. SFP I, LLC v. LifeWatch Corp., et al., No. 2:19-cv-2169 (E.D. Pa.) and United States ex rel. Pelletier et al. v. LifeWatch Services, Inc., et al., No. 2:18-cv-11391 (D.N.J.). The EDPA qui tam resolved for $1.78 million.

The resolution obtained in this matter was the result of a coordinated effort between the Justice Department’s Civil Division, Commercial Litigation Branch, Fraud Section, and the United States Attorney’s Offices for the Eastern District of Pennsylvania and the District of New Jersey, 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 EDPA matter was handled by Assistant U.S. Attorney Erin Lindgren and Auditor Dawn Wiggins.

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

Philadelphia, PA – United States Attorney Jacqueline C. Romero announced today that the United States Department of Justice has filed a Statement of Interest in federal court to clarify state and local jails’ obligations under the Americans with Disabilities Act (ADA) to provide inmates with access to medication to treat opioid use disorder (OUD).

The Justice Department filed its Statement in the matter of Strickland v. Delaware County et al., a private action alleging that a jail denied methadone to an inmate who was taking it for OUD in accordance with a doctor’s prescription prior to being incarcerated. The lawsuit alleges that the jail banned methadone to all inmates except those who were pregnant and taking methadone prior to incarceration. As the Justice Department explains in its Statement, the ADA prohibits a jail from categorically denying an incarcerated person access to OUD medications without individually assessing whether such medication is medically necessary to treat their disability.

“My office is dedicated to fighting the opioid epidemic with every tool that we have,” said U.S. Attorney Romero. “That includes enforcing the ADA to remove discriminatory barriers to treatment for OUD. Today’s Statement of Interest reminds jails and prisons about their obligations to address the needs of individuals with OUD and comply with the ADA.”

“Jails and prisons are on the frontlines of the opioid epidemic,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Individuals with substance use disorders who are in desperate need of treatment pass through these facilities daily. The ADA requires that jails individually assess the medical needs of each of these individuals and not categorically deny access to the Food and Drug Administration-approved OUD medications that many may need to effectively treat their disability.”

The Justice Department’s submission of this Statement furthers its broader efforts to combat discrimination against individuals with OUD and to remove discriminatory barriers to treatment. The United States has entered into settlements with jails and prisons in Pennsylvania and across the country to increase access to OUD medication, including in Allegheny County, Pennsylvania, Eastern Kentucky, and Massachusetts. It has also brought enforcement actions to combat discrimination against individuals with OUD in court supervision programs in Pennsylvania and Massachusetts. And it has issued public guidance on the ADA’s protections for those with OUD.

Assistant U.S. Attorney and Deputy Civil Chief for Civil Rights Lauren DeBruicker handled this matter for the Eastern District of Pennsylvania, in collaboration with attorneys from the Disability Rights Section of the Justice Department’s Civil Rights Division.

For more information about the Justice Department’s work to address discrimination against individuals with opioid use disorder, please visit: https://www.ada.gov/topics/opioid-use-disorder/. For more information on the ADA, please call the Department’s toll-free ADA Information Line at 800-514-0301 (TDD 800-514-0383) or visit www.ada.gov. If you believe you have been discriminated against based on disability and wish to file a complaint, please visit www.ada.gov/file-a-complaint/. Anyone in the Eastern District of Pennsylvania may also report civil rights violations to the U.S. Attorney’s Office for the Eastern District of Pennsylvania by calling 215-861-8555 or emailing USAPAE.civilrights@usdoj.gov.

The Justice Department filed a statement of interest today explaining how the Americans with Disabilities Act (ADA) applies to the provision of medications for opioid use disorder (OUD) in jails and prisons. The statement of interest was filed in Strickland v. Delaware County, a lawsuit pending in the U.S. District Court for the Eastern District of Pennsylvania alleging that a county jail violated the ADA by denying an individual access to methadone that was medically necessary to treat his OUD.

“People held in our nation’s jails and prisons, including those with substance use disorders, do not surrender their civil rights at the jailhouse door,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The ADA requires that jails and prisons individually assess the medical needs of people with disabilities and not categorically deny access to the Food and Drug Administration (FDA) approved OUD medications that many need to effectively treat their disability. The Justice Department will continue to enforce federal civil rights laws to ensure the rights of people with disabilities are protected.”

“My office is dedicated to fighting the opioid epidemic with every tool that we have,” said U.S. Attorney Jacqueline Romero for the Eastern District of Pennsylvania. “That includes enforcing the ADA to remove discriminatory barriers to treatment for OUD. Today’s statement of interest reminds jails and prisons about their obligations to address the needs of individuals with OUD and comply with the ADA.”

The Strickland lawsuit alleges that the George W. Hill Correctional Facility in Delaware County, Pennsylvania, unlawfully denied an incarcerated person access to methadone that he was taking to treat OUD under the supervision of a qualified medical provider before his incarceration. The lawsuit also alleges that the jail had a policy of providing methadone only for pregnant individuals and requiring all other individuals who were on methadone when entering the jail to undergo medically supervised withdrawal.

Through the statement of interest, the department explains that the ADA prohibits jails from categorically restricting access to FDA-approved OUD medications, like methadone, without individually assessing whether the person being denied access needs that medication to effectively treat their disability. The statement then sets out why this is required by the ADA and its regulations and aligns with broad consensus in the medical community, including the FDA and the Substance Abuse and Mental Health Services Administration.

The ADA prohibits state and local governments from discriminating against individuals with disabilities and protects people in recovery from OUD, including individuals who are taking OUD medication at the direction of a medical provider.

The Justice Department’s submission of this statement of interest furthers its broader efforts to combat discrimination against individuals with OUD and to remove discriminatory barriers to treatment. The Justice Department has issued public guidance on the ADA’s protections for those with OUD. It has entered into multiple settlements with jails and prisons to increase access to OUD medication, including recent agreements in Allegheny County, Pennsylvania; Eastern Kentucky; and Massachusetts. It has undertaken enforcement efforts to combat discrimination against individuals with OUD in court supervision programs in Pennsylvania and Massachusetts. It has also entered numerous settlements to address discriminatory barriers to treatment for OUD outside of the criminal justice context, including barriers related to employment, professional licensing, social services and healthcare.

The Civil Rights Division’s Disability Rights Section filed this statement of interest in collaboration with the U.S. Attorney’s Office for the Eastern District of Pennsylvania.

For more information about the Justice Department’s work to address discrimination against individuals with opioid use disorder, please visit www.ada.gov/topics/opioid-use-disorder/. For more information on the Civil Rights Division, please visit www.justice.gov/crt. For more information on the ADA, please call the department’s toll-free ADA Information Line at 1-800-514-0301 (TTY 1-833-610-1264) or visit www.ada.gov. If you believe you have been discriminated against based on disability and wish to file a complaint, please visit www.ada.gov/file-a-complaint/.

Philadelphia, PA – On Thursday, December 7, 2023, the United States Attorney’s Office for the Eastern District of Pennsylvania hosted faith leaders from across the region at the National Constitution Center to learn about resources for protecting houses of worship and preventing acts of hate, United States Attorney Jacqueline C. Romero announced today.

Church, mosque, synagogue, and temple leaders met with members of federal, state, and local law enforcement agencies to learn how federal and state laws are used to prosecute people who harm or threaten places of worship and their congregants, understand how and when to report acts of religious violence and discrimination, and get the resources and build the connections needed to combat and prevent acts of hate. U.S. Attorney Romero hosted the forum as part of the Department of Justice’s United Against Hate initiative.

“With religious-based violence and threats of violence on the rise across the country, our partnerships with our faith and other community leaders are essential,” said U.S. Attorney Romero. “Our ability to prosecute hate crimes to the fullest extent of the law depends on members of the community being willing to report acts of hate to our law enforcement partners for investigation. And one of the best ways to prevent crime fueled by religious bias is to be sure faith-based leaders have the information and resources they need to help protect their places of worship and their congregations, and help them forge connections with their fellow community leaders and law enforcement to help make our communities stronger than hate. That’s what our United Against Hate initiative, and today’s event, are all about.”

U.S. Attorney Romero was joined at the event by Kate McGowan, Supervisory Special Agent at the Federal Bureau of Investigation, Charles Phillips, Regional Director of the U.S. Department of Justice Community Relations Service, and representatives from the U.S. Department of Homeland Security and the Pennsylvania Attorney General’s Office of Civil Rights. Members of the Pennsylvania State Police, the Philadelphia Police Department, and the Philadelphia Commission on Human Relations were also in attendance and shared remarks.

The United Against Hate initiative will continue well into the new year, U.S. Attorney Romero confirmed. “I will continue to meet with groups concerned about hate-motivated attacks and discrimination, and to work with these groups and our law enforcement partners to build the strong, safe, and resilient communities that people of all backgrounds—religious and otherwise—deserve,” she said.

If you have information about a possible threat to a place of worship or believe you are a victim of or a witness to a hate crime, contact your local law enforcement agency (911), then the FBI at tips.fbi.gov or 1-800-CALL-FBI. You can also report a hate crime, find resources, and learn more about the Department of Justice’s hate crimes prevention and enforcement work by visiting www.justice.gov/hatecrimes. Additional resources for houses of worship are available at www.cisa.gov.

PHILADELPHIA – United States Attorney Jacqueline C. Romero announced that John Dougherty, 63, of Philadelphia, PA and Brian Burrows, 63, of Mount Laurel, NJ, were convicted today by a federal jury of numerous charges related to their embezzlement of funds belonging to Local 98 of the International Brotherhood of Electrical Workers (“Local 98”).

John Dougherty previously served as the Business Manager of Local 98, and Brian Burrows served as the president of Local 98. In January 2019, a federal grand jury indicted Dougherty, Burrows, and four other union employees with multiple federal offenses connected to their illegal use of Local 98 funds for personal and other unauthorized expenses, contrary to the provisions of IBEW’s constitution, the by-laws of Local 98, and the beneficial interests of Local 98’s members. The Indictment also charged Dougherty and Burrows with concealing the embezzlement of Local 98’s funds by filing false labor management reports with the U.S. Department of Labor, and with tax fraud by failing to report their personal use of the funds on their tax returns.

Today, the federal jury convicted Dougherty of one count of conspiracy to embezzle the funds of Local 98, 33 counts of embezzlement of funds from Local 98, 24 counts of wire fraud by participating in a scheme to defraud Local 98 of its money, four counts of signing and submitting false labor management forms that concealed the embezzlement of Local 98 funds, and three counts of filing false federal income tax returns. The jury convicted Burrows of 13 counts of embezzlement of funds from Local 98, four counts of signing and submitting false labor management forms that concealed the embezzlement of Local 98 funds, and three counts of filing false federal income tax returns.

In December 2022, four other employees of Local 98 pleaded guilty to charges related to the embezzlement of Local 98’s funds. Michael Neill, former Training Director of Local 98’s Apprentice Training Fund, Niko Rodriguez, an employee of the Apprentice Training Fund, and Brian Fiocca, an office employee with Local 98, pleaded guilty to embezzlement of Local 98’s funds. Marita Crawford, who previously served as Local 98’s Political Director, pleaded guilty to wire fraud, the object of which was to obtain money from Local 98 through false and fraudulent representations. The four former employees are currently scheduled to be sentenced later this month.

The same Indictment also charged John Dougherty with multiple crimes involving honest services fraud bribery, which the Court earlier ordered severed from the embezzlement charges and tried first. The Indictment charged that Dougherty and co-defendant Robert Henon defrauded the City of Philadelphia and its citizens of the right to Henon’s honest services as a member of City Council. In November 2021, a federal jury convicted Dougherty of one count of conspiracy to commit honest services fraud and seven counts of honest services wire fraud.

“The members of Local 98 trusted Dougherty and Burrows to faithfully manage and protect the union’s funds; the defendants did exactly the opposite – they stole from their own members, and violated that trust.” said U.S. Attorney Romero. “Today’s verdict demonstrates the consequences of such dishonesty and theft, which involved egregious and repeated violations of trust and misuse of funds for personal benefit. I want to thank our federal and state law enforcement partners for their tireless cooperation in bringing this case to trial.”

“After decades at the top, John Dougherty grew to believe he was Local 98 — and completely entitled to misuse its money as his own,” said Wayne A. Jacobs, Special Agent in Charge of the FBI’s Philadelphia Division. “In doing so, Dougherty repeatedly betrayed the electrical union’s members, those thousands of workers who trusted him to act on their behalf and for their benefit. Local 98’s rank and file are clear victims of his greed and these crimes. If you think about it, though, after his convictions at both trials, there aren’t many folks around here who aren’t John Dougherty’s victims. His corrupt acts harmed this city, he cheated taxpayers, and he stole from his own hard-working electricians. Justice means finally holding him accountable for the damage done.”

“The consequences to those who betray the public trust is evident by today’s convictions,” said Yury Kruty, Special Agent in Charge of IRS-Criminal Investigation. “IRS-Criminal Investigation is proud to have provided its financial expertise in this investigation, and we, along with our law enforcement partners and the Department of Justice, will continue to aggressively investigate individuals who engage in money laundering, tax fraud, or other types of white-collar crimes.”

“Today’s verdict sends an important message to all those entrusted with protecting benefit plan assets. Regardless of title or position, the U.S. Department of Labor will hold fiduciaries to the highest standards of accountability to protect the employee benefits of America’s workers, ” said Cristina O’Brien, Philadelphia Regional Director of the U.S. Department of Labor’s Employee Benefits Security Administration.

“By any measure, the crimes John Dougherty and Brian Burrows committed are extraordinarily serious offenses. Labor leaders have a fiduciary responsibility to the members they represent. Dougherty and Burrows violated that responsibility and turned Local 98 and its members – whose interests they were supposed to protect – into victims, when they treated the union and its assets as their own personal piggy banks – harming the union and its members. The Office of Labor-Management Standards will continue to work with its law enforcement partners to protect unions and their members by bringing to justice, and seeking restitution from, any official who chooses to use union funds for their own benefit,” said OLMS District Director Kevin Smallwood.

Burrows faces up to 83 years in prison. Dougherty, in combination with the 2021 conviction, faces up to 901 years in prison. Sentencing for Dougherty has been scheduled for March 20, 2024 at 10:00 a.m. and for Burrows on March 21, 2024 at 10:00 a.m.

The case was investigated by the Federal Bureau of Investigation, Internal Revenue Service – Criminal Investigation, the U.S. Department of Labor Employee Benefits Security Administration, the U.S. Department of Labor Office of Labor Management Standards, the U.S. Department of Labor Office of Inspector General, and the Pennsylvania State Police, with assistance from the Pennsylvania Attorney General’s Office. The case is being prosecuted by Assistant United States Attorneys Frank Costello, Chief of the Corruption & Civil Rights Unit; Bea Witzleben, Co-Chief of Trials; Jason Grenell; and Anthony Carissimi.

PHILADELPHIA – United States Attorney Jacqueline C. Romero announced that Fountain Hill Pharmacy will pay $165,000 to resolve allegations that it failed to comply with various record-keeping requirements for controlled substances.

Fountain Hill Pharmacy, a Philadelphia pharmacy wholly owned by pharmacists Nicholas Chaffier and Tracy Chaffier, is a registered retail pharmacy authorized to purchase and dispense Schedule II-V controlled substances. The settlement announced today resolves allegations that between October 2019 and November 2022, Fountain Hill Pharmacy failed to maintain complete and accurate records of controlled substances and failed to take a biennial inventory in violation of the Controlled Substances Act (“CSA”), and specifically, 21 C.F.R. §§ 1304.21(a) and 1304.11(d). Specifically, the settlement resolves allegations that Fountain Hill Pharmacy failed to maintain appropriate inventories of controlled substances including Oxycodone 5mg, Oxycodone 15mg, Oxycodone 30mg, Oxycodone APAP 5mg, Oxycodone APAP 7.5 mg, and Oxycodone APAP 10 mg.

In addition to the $165,000 penalty, Fountain Hill Pharmacy is also now subject to a number of monitoring requirements, including the reporting of controlled substance purchasing, dispensing, and prescribing to the Drug Enforcement Administration (DEA), as well as sharing Standard Operating Procedures pertaining to all aspects of purchasing, storing, and distributing controlled substances. In addition, Fountain Hill Pharmacy is responsible for initiating and conducting appropriate training pertaining to DEA regulations for all current and newly hired employees responsible for handling and/or having access to controlled substances.

“Controlled substances, especially opioids, pose extraordinary risks to communities in this district,” said U.S. Attorney Romero. “When pharmacies are granted the privilege of purchasing controlled substances, they also accept the significant responsibility of ensuring that controlled substances are used for a legitimate, medical purpose. As a result, they must maintain the records necessary for accountability and transparency. When this does not happen, we will work with our law enforcement partners, and use all available enforcement tools, to hold these pharmacies responsible.”

“Pharmacies are entrusted with the dispensing of powerful prescription painkillers such as oxycodone. With that responsibility comes the obligation to properly safeguard and keep proper inventory over these same drugs,” said Thomas Hodnett, Special Agent in Charge of the Drug Enforcement Administration’s Philadelphia Field Division. “Civil settlements and the monitoring requirements imposed against Fountain Hill Pharmacy help to ensure that these safeguards are met.”

This investigation was conducted by the Drug Enforcement Administration’s Philadelphia Field Division. For the United States Attorney’s Office, Assistant United States Attorney Deborah W. Frey, and Auditor Andrew Schobert.

PHILADELPHIA – United States Attorney Jacqueline C. Romero announced today that Cambria County Area Agency on Aging (CCAAA) has agreed to pay $122,461.53 to resolve claims arising from CCAAA’s administration of community service grants funded through AmeriCorps.

In 2016 and 2017, CCAAA administered an AmeriCorps Foster Grandparent Program (FGP) grant, which places seniors in school and community settings to serve alongside youth with exceptional needs. This program provides a small hourly stipend, based on the hours served, to the volunteers providing valuable community services to underserved children. AmeriCorps awards CCAAA grant funds to pay the stipends as well as some or all of the grantee’s administrative costs to operate the program.

From 2016 to 2017, CCAAA allegedly failed to properly administer the AmeriCorps grant by directing its FGP staff to double or triple volunteer hours on timesheets and thus pay inflated, unearned stipends to volunteers. Volunteers were also allegedly awarded “bonus” hours for service activities that they did not perform.

In addition, CCAAA allegedly charged unrelated, unsupported, and misallocated costs to the grant and inflated travel (mileage) costs attributable to grant funds. After receiving a complaint, CCAAA engaged its auditors to review the expenditures, and that review identified some of the above improper practices that diverted AmeriCorps funds. Nevertheless, CCAAA failed to timely notify AmeriCorps of the findings or return the misspent funds, as required.

“It is important for participants in federally funded programs to be transparent and honest about how those funds are used. When a grant recipient misuses funds, the beneficiaries in need, such as underserved youth here, are deprived of the opportunities those funds are meant to provide,” said U.S. Attorney Romero.

“CCAAA’s decision to use its grant to pay Foster Grandparent volunteers for hours that they did not serve deprived the community of services intended for its benefit. The non-profit’s inability to account for federal funds violated the trust that the public places in AmeriCorps Seniors grantees,” said Stephen Ravas, AmeriCorps’ Acting Inspector General. “We thank the U.S. Attorney’s Office for its partnership in protecting the integrity of national service.”

This investigation was conducted jointly by the United States Attorney’s Office for the Eastern District of Pennsylvania and AmeriCorps’ Office of Inspector General. Assistant United States Attorneys Anthony St. Joseph and Paul W. Kaufman handled the investigation and settlement.

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

PHILADELPHIA – United States Attorney Jacqueline C. Romero announced that Rubiel Perez, 29, of Allentown, Pennsylvania was arrested and charged by Indictment with two counts of Hobbs Act robbery, one count of attempted Hobbs Act robbery, and two counts of using, carrying, and brandishing a firearm during and in relation to a crime of violence, in connection with three armed robberies that occurred over the course of two days in Lehigh County, Pennsylvania.

The Indictment alleges that on March 28, 2023, the defendant entered a 7-Eleven convenience store on Union Boulevard in Allentown, pointed a firearm at a store employee, and stole $937 before fleeing. The following night, the defendant targeted a 7-Eleven convenience store on South Fourth Street in Allentown. There, he pointed a handgun at a store employee and threatened him, before stealing $150 from the store. Also on March 29th, the defendant entered a 7-Eleven on West Tilghman Street in South Whitehall Township, and attempted to rob the store by pointing a firearm at the store employee and threatening him.

If convicted, the defendant faces a maximum possible sentence of life in prison and a mandatory minimum of 14 years in prison.

The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Allentown Police Department, and the South Whitehall Township Police Department. The case is being prosecuted by Assistant United States Attorney Robert W. Schopf.

An indictment, information, or criminal complaint is an accusation. A defendant is presumed innocent unless and until proven guilty.

PHILADELPHIA – United States Attorney Jacqueline C. Romero and FBI Philadelphia Special Agent in Charge Wayne A. Jacobs announced today that the Rosenbach Museum & Library (“the Rosenbach”) voluntarily transferred to the custody of the FBI a sixteenth-century manuscript for return to the Archivo General de la Nación del Perú, the Peruvian national archives. This rare six-page document, dated June 28, 1599, is a contract for the formation of the first theatrical company in the Americas in Lima, Peru and had been in the Rosenbach’s collection for almost a century.

In 2017, at the request of the Republic of Peru and in coordination with the Bureau of Educational and Cultural Affairs of the United States Department of State, the FBI Art Crime Team and the United States Attorney’s Office began an investigation as to whether these manuscript pages in the Rosenbach collection had been wrongfully removed from a sixteenth-century bound volume in the Peruvian national archives. The Rosenbach cooperated fully in this investigation and concluded that the manuscript, which had been purchased in the 1920s by its founder, Dr. A.S.W. Rosenbach, had been removed from the bound volume in the archives at some time prior to Dr. Rosenbach’s purchase.

“Thanks to the dedicated work and coordination of our Office and our FBI partners, this manuscript will be returned to its rightful place in the Peruvian national archives,” said U.S. Attorney Romero.

“It’s always incredibly gratifying when the FBI’s Art Crime Team is able to recover precious cultural property,” said Wayne Jacobs, Special Agent in Charge of the FBI’s Philadelphia Division. “We look forward to the day when this rare document is fully repatriated to the government of Peru and its archives. This case exemplifies the Bureau’s continued commitment to preserving the pieces of cultural heritage that help bring history to life.”

The United States Attorney’s Office and the FBI acknowledge the cooperation and assistance of the Rosenbach in this matter and are making arrangements for the repatriation of the manuscript pages to the Republic of Peru.

PHILADELPHIA – United States Attorney Jacqueline C. Romero announced that Jason Rivera, 38, of Brooklyn, New York was sentenced to life in prison today for his role in the kidnapping, extortion, and murder of two Philadelphia drug dealers after a jury found Rivera guilty on all counts following a trial in October 2022.

In the summer of 2014, defendant Jason Rivera and two associates, John Dao and Trung Lu, were recruited by members of the “Born To Kill” street gang to forcibly collect money from three marijuana dealers who had failed to pay a substantial drug debt.

The victims in this case, brothers Vu and Viet Huynh, and their friend Tan Voong, were drug dealers from the Philadelphia area who sold large quantities of marijuana. Their friend, Tam Le, introduced the Huynh brothers to a gangster from New York, Lam Trieu. Le and Trieu were members of a street gang called Born to Kill ("BTK"). Lam Trieu, in turn, arranged for his supplier in California, known by his nickname "Fat Man," to supply large quantities of marijuana to the Huynh brothers. Allegedly, the Huynh brothers owed Trieu and “Fat Man” more than $30,000, and Voong owed “Fat Man” more than $300,000. Though “Fat Man” and Trieu were their suppliers, the victims did not pay them all the money they were owed.

"Fat Man" pressed Lam Trieu to collect the money which he was owed. When Tam Le either could not or would not collect the money, Lam Trieu recruited three drug trafficking associates, John Dao, Trung Lu, and Jason Rivera to get the money from the Huynh brothers and Voong. Dao, Lu, and Rivera understood that they would use force and threats of force to collect the debt owed for the sale of marijuana. In exchange, Lam Trieu promised to pay Dao, Lu, and Rivera a percentage of the money recovered.

A few days before the murders, Dao, Lu, and Rivera traveled to Philadelphia where they met with Tam Le and Minh Nguyen. Dao, Lu, and Rivera then unsuccessfully attempted to locate the victims to force them to pay their drug debts.

Finally, on August 26, 2014, Tam Le, a member of BTK, lured the victims to his home in southwest Philadelphia, where Rivera, Dao, and Lu assaulted the victims and restrained them with duct tape and zip ties. Rivera searched Voong’s car and confiscated $40,000 in U.S. currency. At this point, Dao, Lu, and Rivera believed that their work was completed. LU gave some of the money to Tam Le. Dao and Lu intended to steal the victims' luxury vehicles which were parked outside and return to New York. However, Tam Le wanted to murder the victims fearing that the victims would return to his home to seek revenge if they remained alive. When Tam Le and Minh Nguyen started putting buckets of roofing cement into a van, Dao and Lu understood that Tam Le intended to kill the victims. Dao, Lu, and Rivera believed that Tam Le was a BTK "brother" of Lam Trieu, which made him the on-scene commander. Dao, Lu, and Rivera went along with Tam Le's plan.

They then transported the three victims to the Schuylkill River, weighed down their bodies, stabbed them, and dumped all three into the river. Vu Huynh and Viet Huynh died in the river, but Tan Voong miraculously managed to crawl out of the river and flag down a passing motorist on Kelly Drive for assistance. Upon their return to New York, Rivera, Dao, and Trieu were each paid several thousand dollars each using the money they took from the victims.

In addition to this case, five defendants were federally indicted for this crime. John Dao, Lam Trieu, and Minh Nguyen pleaded guilty for their respective roles in these offenses and have all been sentenced by the Court. "Fat Man" pleaded guilty to a drug trafficking offense in the Southern District of New York. Tam Le was convicted of murder and related offenses after a trial in Philadelphia County and sentenced to death. Another defendant, Hai Nguyen, pleaded guilty to making statements to the FBI concerning his efforts to assist Tam Le flee after the murders. Trung Lu is a fugitive who apparently resides in Vietnam. The FBI is offering of $50,000 for information leading to the arrest of Trung Lu.

“After the initial investigation and arrests were made in this case which resulted in state charges for two individuals involved with these murders and attempted murder, the trail on the other individuals who helped them went nearly cold,” said U.S. Attorney Romero. “But thanks to the persistent efforts and dogged determination of the FBI and other law enforcement partners, our Office was able to charge these remaining individuals, get them off the streets, and bring them to justice for their crimes.”

“Stopping crimes as shockingly violent as this one is a top priority of our Office,” said U.S. Attorney Romero. “Thanks to the partnership of the FBI and Philadelphia Police Department, we were able to bring Rivera to justice for his crimes.”

“The brutality of the crimes committed by Rivera and his co-conspirators is stunning,” said Wayne A. Jacobs, Special Agent in Charge of the FBI’s Philadelphia Division. “I’d like to commend FBI Philadelphia’s Organized Crime Task Force for their years of hard work to help bring these men to justice. However, our work is not done. So long as Trung Lu, also charged in connection with these crimes, remains at large, we will not stop in our efforts to hold him accountable.”

The case was investigated by the Federal Bureau of Investigation with assistance from the Philadelphia Police Department. The case is being prosecuted by Assistant United States Attorney Robert J. Livermore.

PHILADELPHIA – United States Attorney Jacqueline C. Romero announced today the unsealing of a 21-count Superseding Indictment charging 14 individuals with drug trafficking and firearms offenses. The defendants are members of a drug trafficking group led by defendant Herbert Robinson (“Robinson DTG”).

The Superseding Indictment alleges that the defendants, several of whom had prior drug trafficking offenses, distributed hundreds of kilograms of cocaine in the Philadelphia area and elsewhere from at least February 2019 to January 2021. As alleged in the Superseding Indictment, Robinson and other high-ranking members of the DTG regularly traveled internationally to meet with drug suppliers in Mexico, Colombia, and Jamaica. During the course of the investigation, law enforcement seized approximately 169 kilograms of cocaine, $8.26 million in cash drug proceeds, and four firearms.

The individuals charged include:

• Herbert Robinson, 48, of Lower Gwynedd, PA
• Samyre Washington, 38, of Wyncote, PA
• Ross Brooks, 48, of Philadelphia, PA
• Melvin Butler, 60, of Compton, CA
• Marcus Washington, 43, of Philadelphia, PA
• Marvin Watson, 44, of Glen Mills, PA
• Randall Overton, 39, of Philadelphia, PA
• Frank Singleton, 50, of Upper Darby, PA
• James Leonard Flack, Jr., 54, of Philadelphia, PA
• Kashon Adade, 36, of Lansdowne, PA
• Antonio Simmons, 49, of Gahanna, OH
• Von Oscar Tyler, 56, of Temple Hills, MD
• Gilberto Alaniz, 34, of Mercedex, TX
• L.B. Nelson, 44, of Inglewood, CA

Thirteen defendants have pleaded guilty. The remaining defendant, a fugitive, passed away after the Superseding Indictment was returned. Several members of the Robinson DTG pleaded guilty to additional drug charges, money laundering, and tax crimes, charged via three separate Informations in the Eastern District of Pennsylvania.

The case was investigated by the Drug Enforcement Administration, Internal Revenue Service, and Philadelphia District Attorney’s Office, with assistance from Pennsylvania State Police – SHIELD Unit, Delaware State Police, New Jersey State Police, Philadelphia Police Department, and Homeland Security Investigations. The case is being prosecuted by Assistant United States Attorney Francis A. Weber.

PHILADELPHIA – United States Attorney Jacqueline C. Romero announced that Zhenyu (“Bill”) Wang, 42, of Dallas, Texas, and Daniel Ray Lane, 42, of McKinney, Texas, were convicted at trial on charges of attempting to violate the International Emergency Economic Powers Act (“IEEPA”), conspiracy to violate IEEPA, and conspiracy to commit money laundering based on their attempt to transact in sanctioned Iranian petroleum and launder the proceeds.

At trial, the evidence showed that in 2019 and early 2020, the defendants engaged in a conspiracy to purchase petroleum from Iran, in violation of economic sanctions imposed by the United States under IEEPA. They then planned to mask the origins of the petroleum and sell it to a refinery in China. The defendants also attempted to conceal their illegal transactions by obtaining foreign passports, engaging in sham contractual agreements, and conspiring to launder the proceeds of the sale through shell entities and offshore financial accounts. For example, Lane offered to use the mineral rights that his company sold to launder proceeds for the Iranian sellers. In addition, Wang arranged for bribe payments to be paid the Chinese officials and bankers.

“As shown at trial, the defendants schemed to buy Iranian oil, hide its origins, and sell it to a refinery in China in clear disregard for U.S. sanctions against the Teheran regime,” said Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division. “We will not tolerate anyone who violates our sanctions laws and imperils national security for personal profit. Like the defendants today, those who try will be held to account.”

“The defendants in this case flouted the national security interests of the United States by directly violating economic sanctions,” said U.S. Attorney Romero. “Conspiring to violate sanctions and commit money laundering in the process is a serious offense, and will not be tolerated.”

“For financial gain, these co-conspirators sought to evade sanctions put in place to protect the United States’ national security,” said Richard Langham, Acting Special Agent in Charge of the FBI’s Philadelphia Division. “A criminally bad idea, as this verdict clearly shows. The FBI will bring all our investigative resources to the table to halt such harmful acts.”

Wang and Lane face each a maximum statutory penalty of 45 years in prison total, five years for conspiracy to violate IEEPA and twenty years for each for attempting to violate the IEEPA and conspiracy to commit money laundering. The defendants are scheduled to be sentenced on February 29, 2024.

The case was investigated by the Federal Bureau of Investigation, and is being prosecuted by Assistant United States Attorneys Patrick Murray and Mary Crawley with valuable assistance provided by Beau Barnes and David Recker of the National Security Division’s Counterintelligence and Export Control Section.

Zhenyu “Bill” Wang, 42, of Dallas, and Daniel Ray Lane, 42, of McKinney, Texas, were convicted at trial on Nov. 15 on charges of attempting to violate the International Emergency Economic Powers Act (IEEPA), conspiracy to violate IEEPA, and conspiracy to commit money laundering in connection with their attempt to transact in sanctioned Iranian petroleum and launder the proceeds.

According to evidence presented at trial, in 2019 and early 2020, the defendants engaged in a conspiracy to purchase petroleum from Iran, in violation of economic sanctions imposed by the United States under IEEPA. They then planned to mask the origins of the petroleum and sell it to a refinery in China. The defendants also attempted to conceal their illegal transactions by obtaining foreign passports, engaging in sham contractual agreements, and conspiring to launder the proceeds of the sale through shell entities and offshore financial accounts. For example, Lane offered to use the mineral rights that his company sold to launder proceeds for the Iranian sellers. In addition, Wang arranged for bribe payments to be paid the Chinese officials and bankers.

“These defendants schemed to buy Iranian oil, hide its origins, and sell it to a refinery in China in disregard of U.S. sanctions against Iran,” said Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division. “The Justice Department will not tolerate those who would violate U.S. sanctions and imperil our national security for personal profit.”

“The defendants in this case flouted the national security interests of the United States by directly violating economic sanctions,” said U.S. Attorney Jacqueline C. Romero for the Eastern District of Pennsylvania. “Conspiring to violate sanctions and commit money laundering in the process is a serious offense and will not be tolerated.”

“For financial gain, these co-conspirators sought to evade sanctions put in place to protect the United States’ national security,” said Acting Special Agent in Charge Richard Langham of the FBI Philadelphia Field Office. “A criminally bad idea, as this verdict clearly shows. The FBI will bring all our investigative resources to the table to halt such harmful acts.”

Wang and Lane, as well as three co-conspirators, were originally charged by complaint in February 2020, and the defendants and two co-conspirators were indicted on the above charges in August 2020. Wang and Lane face each a maximum penalty of 45 years in prison: five years for conspiracy to violate IEEPA and 20 years for each attempting to violate the IEEPA and conspiracy to commit money laundering counts. The defendants are scheduled to be sentenced on Feb. 29, 2024.

The FBI investigated the case.

Assistant U.S. Attorneys Patrick Murray and Mary Crawley for the Eastern District of Pennsylvania are prosecuting the case, with valuable assistance provided by Trial Attorney Beau Barnes of the National Security Division’s Counterintelligence and Export Control Section.

PHILADELPHIA – United States Attorney Jacqueline C. Romero announced that Joseph Cammarata, 49, of Monmouth Beach, New Jersey was found guilty on November 15, 2023, on five counts of tax evasion following a two-week trial in the District of New Jersey before U.S. District Judge Peter G. Sheridan.

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

Cammarata and two conspirators, David Punturieri and Erik Cohen, were the principals of Alpha Plus Recovery, a claims aggregator firm based in Old Bridge, New Jersey. Punturieri and Cohen previously pleaded guilty to tax evasion, fraud, and money laundering charges.

Cammarata, Punturieri, and Cohen used Alpha Plus Recovery to make false and fraudulent claims on the proceeds of securities fraud class action settlements and SEC enforcement actions. They falsely claimed that corporate clients of Alpha Plus Recovery had purchased shares of securities that were the subject of the lawsuits and enforcement actions. In reality, the supposed clients, which were entities actually controlled by the defendants, had not purchased the subject securities and were not entitled to any recovery from the settlements or enforcement actions. To substantiate their false claims, the defendants created fraudulent brokerage and other financial documents to provide to claims administrators. Cammarata and his partners then transferred the fraudulently obtained funds into accounts that they controlled, stealing more than $39 million from 2015 to 2019.

Cammarata’s share of the illegally obtained fraud proceeds amounted to more than $18 million. Cammarata failed to declare or pay taxes on income of $1.72 million in 2015; $2.56 million in 2016; $4.82 million in 2017; $3.56 million in 2018; and $3.35 million in 2019. Cammarata hid this income, which he received through corporate entities, from his accountant in order to conceal these sums from the IRS.

“Last year, a jury in the Eastern District of Pennsylvania found that Cammarata and his partners engaged in a multi-year fraud in order to steal over $40 million,” said U.S. Attorney Romero. “Cammarata then concealed more than $16 million of his proceeds of that fraud from the IRS. The verdict in the New Jersey case makes clear that those who hide income gained by fraud will face the same consequences as those who try to evade their tax obligations from legal sources of income. Thanks to the dedicated efforts of the investigators and prosecutors on this case, this defendant has been brought to justice for the full scale of his criminal conduct.”

“This defendant has now been convicted by two separate juries of serious crimes,” U.S. Attorney Philip R. Sellinger said. “First, he was convicted by a jury in Philadelphia federal court for his role in a scheme to defraud investors out of millions of dollars. Now, a Trenton jury has convicted him of hiding from the IRS the more than $16 million he pocketed as he tried to avoid paying his fair share of taxes. Cammarata will now be held to account for his crimes at sentencing.”

“Year after year, Joseph Cammarata and his partners stole millions from legitimate victim investors entitled to class action settlement funds and hid the illegal proceeds from the IRS,” said Richard Langham, Acting Special Agent in Charge of the FBI’s Philadelphia Division. “Cammarata used the funds to support his lavish lifestyle, including the use of private jets, the purchase of expensive homes, luxury cars, and yachts, and even the maintenance of a private island in The Bahamas. As investigators closed in, Cammarata doubled down on his lies in order to perpetuate the fraud and evade taxes. What Cammarata didn’t know was that Special Agents from the FBI and Postal Inspectors were methodically building a case based on his emails and on phone calls where he and his business partners conspired to lie to claims administrators and the IRS. The FBI is proud to have assisted the IRS in bringing Cammarata to justice.”

“IRS Criminal Investigation special agents are specially equipped to follow the complex financial trail left by criminals, and we are dedicated to holding those accountable for crimes committed,” said Tammy Tomlins, Special Agent in Charge of the IRS Newark Field Office. “Mr. Cammarata and his partners stole millions from his victims. IRS Criminal Investigation Special Agents are committed to working with our law enforcement partners to hold account fraudsters like the defendant.”

“A jury in New Jersey found Joseph Cammarata guilty of defrauding thousands of investors of settlement proceeds and hiding his illegal income from the IRS,” said Christopher Nielsen, the Inspector in Charge of the Philadelphia Division of the Postal Inspection Service. “Since 2014, Mr. Cammarata and his co-conspirators used the United States Mail to submit thousands of fraudulent claims to civil security fraud settlement funds, depriving actual harmed investors of money that they should have received. They collected over $43 million in fraudulent payments and failed to report their newfound income to the IRS. From 2015 to 2019, Mr. Cammarata collected over $18 million in the scheme and falsified his tax returns each year to hide his illegal income and his involvement in the scheme. I want to thank the agents from the FBI and the IRS who worked alongside Inspectors from my office in Philadelphia to uncover this scheme. I would also like to thank the Assistant United States Attorneys who supported the investigation and saw the prosecution through.”

Each count of tax evasion is punishable by up to five years in prison. Sentencing has not yet been scheduled.

Cammarata was previously convicted in the Eastern District of Pennsylvania (EDPA) of conspiracy to commit wire fraud and mail fraud, wire fraud, money laundering conspiracy, and money laundering in connection with this scheme. On June 6, 2023, the Honorable Chad F. Kenney sentenced Cammarata to 10 years in prison on those charges. Because Cammarata filed his taxes from New Jersey, the tax evasion case was brought in the District of New Jersey and prosecuted by EDPA Assistant United States Attorneys David J. Ignall and Paul G. Shapiro, who also tried the earlier case.

The case was investigated by the Internal Revenue Service, Criminal Investigation Division, the Federal Bureau of Investigation, the United States Postal Inspection Service, and the United States Securities and Exchange Commission, with trial support from the U.S. Attorney’s Office for the District of New Jersey.

PHILADELPHIA –United States Attorney Jacqueline C. Romero announced that Gloria Byars, 62, of Aldan, PA and Carlton Rembert, 69, of Hampton, VA were both found guilty for their roles in a scheme to defraud elderly, incapacitated people of over $1 million. Byars entered a guilty plea on the eve of trial, pleading guilty to conspiracy, wire fraud, money laundering, and tax fraud. Her co-conspirator and brother Carlton Rembert proceeded to trial and after a four-day trial, a jury found Rembert guilty of conspiracy, bank fraud, and wire fraud.

Between 2012 and 2018, Byars and her co-conspirators stole the life savings from dozens of incapacitated wards while Byars served as their court-appointed guardian. Prior to operating her own guardianship company, Byars was an office manager for a guardianship company in Delaware County that was appointed to care for wards in Pennsylvania. As office manager, and then as guardian herself through her own company, Byars had unfettered access to wards’ property including bank accounts, pensions, real estate, retirement accounts, and other assets. Byars stole money from the wards’ bank accounts by writing unauthorized checks to companies she controlled, or to shell companies controlled by her co-conspirators, Rembert and Alesha Mitchell. Rembert and Mitchell assisted Byars in the theft by opening bank accounts in their home state of Virginia in the names of shell companies purporting to be medical services companies. Rembert and Mitchell deposited dozens of checks containing stolen ward money into their shell business bank accounts, withdrew over $500,000 in cash, and sent most of the stolen proceeds back to Byars, after keeping a share of the stolen ward money for themselves. Byars spent the stolen ward money on vacations, clothing, vehicles, gifts, and parties.

As part of Byars’ plea agreement, she agreed to forfeit 36 gold Krugerrand coins, valuable gold coins first minted in South Africa in the 1960s to introduce the country’s gold supply onto the world market. Byars stole several Krugerrand coins from the bank safe deposit box of one of her wards. Byars also stole over $756,000 from a retired federal employee’s Thrift Savings Plan. In total, Byars and her co-conspirators stole well over $1 million from at least 120 incapacitated people in the Eastern District of Pennsylvania.

Byars and Rembert face the following maximum possible sentences. For conspiracy to commit bank fraud and for bank fraud, the maximum sentence is 30 years’ imprisonment and a $1,000,000 fine. For wire fraud, the maximum sentence is 20 years’ imprisonment and a $250,000 fine. Byars also faces a maximum sentence of 20 years’ imprisonment and a $500,000 fine for money laundering and for filing a false tax return, the maximum sentence is 3 years’ imprisonment and a $250,000 fine.

“Byars and Rembert’s actions caused significant financial and emotional harm to their victims,” said U.S. Attorney Romero. “Fraud, particularly at the expense of vulnerable people, will not be tolerated.”

“Gloria Byars was entrusted with managing the assets of elderly folks unable to do so themselves,” said Richard Langham, Acting Special Agent in Charge of the FBI’s Philadelphia Division. “Instead, she abused her role as a guardian, poaching the nest eggs of these vulnerable wards, figuring they’d never even know. The FBI takes great satisfaction in bringing Byars and her co-conspirators to justice and preventing them from doing more harm. Elder fraud and abuse are simply unconscionable. If you think you’re being victimized like this or know someone who is, please reach out to the FBI – anonymously, if you like.”

“IRS-Criminal Investigation is committed to aggressively investigating individuals who engage in money laundering, tax fraud, or other types of white-collar crimes,” said IRS Criminal Investigation Special Agent in Charge Yury Kruty.  “We, along with our law enforcement partners and the Department of Justice will continue to work to ensure that individuals who attempt to hide their criminal involvement will be held accountable.”

“The conviction of Gloria Byars and Carlton Rembert demonstrates the shared commitment of the Delaware County District Attorney’s Office and United States Attorney’s Office in pursuing justice for our most vulnerable residents. I want to thank the United States Attorney’s Office and Federal Bureau of Investigation for working with us on this important guardianship fraud prosecution. I would also like to thank Douglas Rhoads, Deputy District Attorney of Special Investigations, and Detective Edward Rosen of our Criminal Investigation Division for their work on this matter,” said Delaware County District Attorney Jack Stollsteimer.  

The case was investigated by the Federal Bureau of Investigation, Delaware County District Attorney’s Office, Criminal Investigation Division, and the Internal Revenue Service, Criminal Investigation and is being prosecuted by Assistant United States Attorneys Tiwana Wright and Samuel Dalke.

PHILADELPHIA – United States Attorney Jacqueline C. Romero announced that Charles O’Bannon, 25, of Villa Rica, Georgia, was sentenced to 33 months’ imprisonment for his role in a multi-conspirator firearms trafficking operation that flooded the City of Philadelphia with 292 guns over the course of five months.

United States District Court Judge John M. Younge sentenced O’Bannon for his role in this unprecedented firearms trafficking operation, which involved hundreds of firearms being straw purchased from federal firearms dealers in Atlanta, Georgia, and then transported across state lines for resale on the black market in the City of Philadelphia. This fact pattern is known as the “iron pipeline.” Dozens of firearms have since been recovered by law enforcement at crime scenes and elsewhere. The conspiracy’s guns have taken the lives of two Philadelphians and used to perpetrate violent crime, including shootings, carjackings, and drug trafficking.

Judge Younge had previously sentenced O’Bannon’s conspirators as follows:

• Edwin Burgos, 30, of Philadelphia, Pennsylvania, the leader of the Philadelphia side of the firearms trafficking operation, was sentenced to 120 months’ imprisonment.
• Fredrick Norman, 26, of Villa Rica, Georgia, the leader of the Atlanta side of the firearms trafficking operation, was sentenced to 99 months’ imprisonment.
• Ernest Payton, 31, of Philadelphia, Pennsylvania, was sentenced to 63 months’ imprisonment.
• Kenneth Burgos, 24, of Philadelphia, Pennsylvania, was sentenced to 75 months’ imprisonment.
• Roger Millington, 27, of Philadelphia, Pennsylvania, was sentenced to 48 months’ imprisonment.
• Stephen Norman, 25, of Villa Rica, Georgia, and brother of Fredrick Norman, was sentenced to 27 months’ imprisonment.

“An important piece of our commitment to stopping the illegal flow of guns through the ‘iron pipeline’ is charging crimes like straw purchasing,” said U.S. Attorney Romero. “The substantial prison sentences each defendant received in this case demonstrate that straw purchasing will carry significant consequences.”

“The defendants in this case flooded 300 firearms onto the streets of Philadelphia, a city already plagued with gun violence,” said ATF Special Agent in Charge Eric Degree. “We appreciate the support of the United States Attorney’s Office, the Philadelphia Police Department, the Pennsylvania State Police, and members of our Firearms Trafficking Task Force, which allowed us to dismantle this firearm trafficking organization.”

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.

The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and is being prosecuted by Assistant United States Attorney Priya T. De Souza.

PHILADELPHIA – United States Attorney Jacqueline C. Romero announced that Stanislav Bril, 40, a/k/a “Stan Bril,” a/k/a “Slava Bril,” a resident of Jamison, Pennsylvania, entered a plea of guilty on October 30, 2023 before United States District Judge Gene E.K. Pratter to three counts of mail fraud, eleven counts of wire fraud, five counts of bank fraud, and five counts of money laundering, all arising from Bril’s operation of two different Ponzi schemes, his false applications for bank loans, his defrauding of the Small Business Administration’s Paycheck Protection Program (“PPP”) and Economic Injury Disaster Loan (“EIDL”) program, and related conduct.

“The U.S. Attorney’s Office will continue leading the charge with our law enforcement partners to hold Stanislav Bril and other fraudsters accountable for their schemes,” said U.S. Attorney Romero. “These fraud schemes impact us all, from individual investors to taxpayers.  We also appreciated the public’s assistance and cooperation in bringing these cases.”

“Over the course of ten years, Bril perpetrated multiple fraud schemes, stealing variously from investors, a bank, and the U.S. government,” said Richard Langham, Acting Special Agent in Charge of the FBI’s Philadelphia Division. “Fortunately, the FBI and our partners are experts at ensuring criminals like him are held accountable.”

“IRS-Criminal Investigation is proud to have provided its financial expertise in this investigation,” said IRS Criminal Investigation Special Agent in Charge Yury Kruty. “We, along with our law enforcement partners and the Department of Justice, are committed to aggressively investigating individuals who engage in money laundering, tax fraud, or other types of white-collar crimes.”

From October 2011 to August 2014, Bril operated a “Ponzi” scheme through his company, Mortgage Consultant Group (“MCG”), obtaining over $1 million from investors and using much of these funds for his own benefit and to perpetuate the scheme. Bril approached investors and persuaded them to make capital loan investments in MCG. In his marketing materials and his sales pitches to investors, Bril falsely claimed that these investments would enable MCG to make loans on real estate and construction projects or enable MCG to make short-term, high interest loans. Bril falsely promised that investors would obtain regular returns, or “interest,” on their capital loan investments in MCG. Rather than use investors’ funds as promised, Bril used the vast majority of the funds to pay himself, his family, and his personal expenses – including his gambling losses at casinos – and to perpetuate his scheme by occasionally making “interest” payments to some investors.

From October 2018 to June 2021, Bril fraudulently obtained a $750,000 line of credit from a bank headquartered in Scranton, Pennsylvania for another company he created, The Bril Group, Inc. (“TBG”). In order to secure the line of credit, Bril made false statements about TBG’s business, the number of TBG employees he was hiring, and the intended use of the line of credit. Once he obtained the line of credit, Bril caused those funds to be spent on unauthorized purchases and laundered a significant portion of those funds through various bank accounts.

From April 2020 to March 2021, Bril fraudulently obtained over $6.7 million from the Small Business Administration’s Economic Injury Disaster Loan (“EIDL”) and Paycheck Protection Programs (“PPP”) by making false statements about the number of employees of, the wages and payroll taxes paid by, and the intended use of the loan proceeds by several companies that Bril created. Bril falsely claimed that these companies – TBG, MCG LOAN, and SAB Services LLC – had several hundred employees when in fact none of these companies had more than one employee. In his PPP and EIDL applications, Bril submitted allegedly historical tax forms with inflated payroll information for nonexistent employees that had never actually been filed. In addition, Bril falsely denied that there were criminal charges pending against him at the time of his applications. In fact, federal charges were already pending against Bril for his perpetration of the Ponzi scheme detailed above. Once he fraudulently obtained these funds, Bril wired them to other individuals, cryptocurrency platforms, and a title company towards a purchase of a Los Angeles condominium. Bril also laundered a significant portion of those funds through various bank accounts and transactions.

From July 2019 to at least August 2021, Bril revived MCG and used it to perpetrate yet another “Ponzi” scheme, obtaining millions of dollars in loans from several investors and using these funds for his own benefit and to perpetuate the scheme. Bril initially took short-term loans from investors and repaid investors with high interest rates to lull them into a false sense of security and to obtain larger loans from them. In his sales pitches to investors, Bril falsely claimed that their loans would enable MCG to make loans on real estate and construction projects and/or enable MCG to make short-term, high-interest loans. However, Bril provided investors with few details of these purported projects and declined to identify his purported borrowers. Bril often encouraged investors to “rollover” their loans into new deals rather than take their payouts per their agreements with Bril. When investors asked Bril whether he had any claims, lawsuits, or legal proceedings filed against him, Bril falsely answered in the negative despite his knowledge that federal charges were already pending against him for his perpetration of the earlier Ponzi scheme. When Bril began missing the agreed repayments to investors, Bril provided bogus explanations for his theft of their loans, including that he was waiting for a wire to clear, that he waiting for a check to be mailed from his bank, that he was looking for a new bank, that his new bank was giving him a “hard time,” and that he was suffering from a variety of health emergencies and personal tragedies that were somehow preventing him from making timely paying to the investors. Rather than use investors’ funds as promised, Bril used the funds to pay himself, his family, and his personal expenses – including trading in digital currencies – and to perpetuate his schemes by occasionally making “interest” payments to some investors.

The case was investigated by the Federal Bureau of Investigation and the Internal Revenue Service – Criminal Investigation and is being prosecuted by Assistant United States Attorneys Vineet Gauri and Matthew T. Newcomer.  

Philadelphia, PA – On Thursday, October 19, 2023, community members and leaders gathered at the Suzanne Roberts Theatre to watch the first screening in Philadelphia of Repairing the World: Stories from the Tree of Life, United States Attorney Jacqueline C. Romero announced today. The documentary tells the story of Pittsburgh’s powerful community response to hate in the aftermath of the deadliest antisemitic attack in U.S. history. Next week marks the fifth anniversary of the attack.

“Through the voices of survivors, family members, diverse Pittsburgh residents, and leaders, Repairing the World shows the powerful display of unity in a moment of crisis, the resilience of a vibrant city, and a community working together to stand united against hate,” said U.S. Attorney Romero. “In this painful and challenging time in the world, it is a message that we all can learn from and put into action in our own communities.”

Following the screening, host and producer of WHYY’s “Morning Edition” Jennifer Lynn led a panel discussion that included Patrice O’Neill, the film’s producer and director, Alan Mallinger, whose mother was killed and sister was wounded in the shooting, and Maggie Feinstein, director of the 10.27 Healing Partnership. United States Attorney for the Western District of Pennsylvania Eric G. Olshan and members of the trial team that prosecuted and convicted the shooter were also in attendance and shared remarks.

The United States Attorney’s Office for the Eastern District of Pennsylvania hosted the screening and discussion as part of the Department of Justice’s United Against Hate Initiative, in partnership with WHYY and Not In Our Town. The American Jewish Committee, the Anti-Defamation League, the Board of Rabbis of Greater Philadelphia, HIAS Pennsylvania, the Jewish Federation of Greater Philadelphia, and the Weitzman National Museum of American Jewish History cosponsored the screening.

“Hate-based violence and threats hurt not just the victims; they destroy entire communities,” said U.S. Attorney Romero. “In addition to prosecuting these crimes to the fullest extent of the law, my Office, along with our community and law enforcement partners, will continue to shine a light on the impact of these crimes and work with our partners to build the community connections needed to prevent them.”

U.S. Attorney Olshan added, “We were proud to join our colleagues from the Eastern District of Pennsylvania for a viewing of this film, which showcases what those of us who worked on this case have witnessed firsthand for the last five years—the unbelievable strength and resolve of the entire victim community. We will continue to stand beside them in solidarity and to show that together we are stronger than hate.”

“Not In Our Town is honored to present this film to the Philadelphia community with the U.S. Attorney’s Office, WHYY, and our community partners,” said the film’s director and Not In Our Town CEO Patrice O’Neill. “The Pittsburgh community presents powerful lessons about how we can build alliances in our cities and towns that will help us become stronger than hate. We look forward to seeing how Pittsburgh’s story helps spark these discussions here in Philadelphia and across the country.”

WHYY will broadcast the film on Thursday, October 26, 2023, at 9:00 p.m., with an encore presentation on Sunday, October 29, 2023, at 12:30 p.m.

Learn more about the film by visiting https://repairingtheworldfilm.org/. Report suspected hate crimes first to your local law enforcement, then to the FBI at tips.fbi.gov or 1-800-CALL-FBI. You can also report a hate crime, find resources, and learn more about the Department of Justice’s hate crimes prevention and enforcement work by visiting www.justice.gov/hatecrimes.

Two men pleaded guilty today for their roles in creating false calibration certificates in a matter within the jurisdiction of the Nuclear Regulatory Commission (NRC).

According to court documents, Miguel Marcial Amaro, 56, of Newark, Delaware, and Martin Ramos, 52, of Levittown, Pennsylvania, worked for a company that provided acoustic emissions (AE) testing to nuclear power plants to detect structural defects in the plant’s equipment. Following the testing, Marcial and Ramos helped create and transmit final testing reports to the owners of the plants which, among other things, contained calibration certificates for the equipment used.

Between 2010 and 2021, Marcial was responsible for ensuring that the company’s AE testing equipment was calibrated annually; Ramos worked under Marcial as an engineer. The two men created numerous false calibration certificates for AE testing equipment, and 15 of these false certificates were sent a total of 29 times to nuclear plant owners as part of final testing reports required by the NRC. The falsified calibration certificates were discovered in 2021 during an external audit.

“Today, we hold defendants accountable for deliberately attempting to bypass testing protocols that are essential to keeping nuclear power plants safe,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division (ENRD). “We will continue to use all available enforcement authorities to support NRC’s efforts to ensure that nuclear energy is safely created.”

“Many thanks to the NRC and the ENRD for partnering in enforcement and ensuring the accuracy of inspection reports critical to the safe operation of nuclear power plants,” said U.S. Attorney Jacqueline C. Romero for the Eastern District of Pennsylvania. “My office takes safety matters such as these seriously, and these guilty pleas show that anyone seeking to evade nuclear testing protocols will be held accountable.”

“The NRC takes its mission of protecting public health and safety very seriously,” said Director Thomas G. Ashley Jr. of the NRC’s Office of Investigations. “It’s vital that employees at NRC-regulated entities act with integrity. Today’s announcement shows deliberate violations of NRC requirements will not be tolerated.”

Marcial and Ramos are scheduled to be sentenced on Jan. 25, 2024. Each 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.

 The NRC’s Office of Investigation conducted the investigation.

Senior Trial Attorney Daniel Dooher and Trial Attorney Rachel M. Roberts of ENRD’s Environmental Crimes Section and Assistant U.S. Attorney Joan E. Burnes for the Eastern District of Pennsylvania are prosecuting the case.

PHILADELPHIA – United States Attorney Jacqueline C. Romero announced today that BioTek reMEDys, Inc. (“BioTek”), located in New Castle, Delaware, and its Chief Executive Officer, Chaitanya Gadde, have agreed to pay $20 million based on BioTek’s ability to pay to resolve allegations that they violated the False Claims Act and the Anti-Kickback Statute by paying kickbacks to patients in the form of routinely waived copayments and to physicians in exchange for providing patient referrals to BioTek.

The government alleged that, from at least August 2015 through May 2020, BioTek, a specialty pharmacy that offers drugs and infusion services, routinely waived the copayments of Medicare and TRICARE patients to induce those patients to purchase its drugs and services. Many of the specialty drugs offered by BioTek were expensive and required patients to pay large copays. Understanding that these copays could deter patients from purchasing its drugs and services, the government alleged that BioTek engaged in a scheme, orchestrated and implemented by Gadde and others, to routinely waive these copays – without regard for whether the patients were experiencing financial hardship – to ensure a steady revenue stream for BioTek.

Today’s settlement also resolves allegations that BioTek provided remuneration in the form of gifts, dinners, and free administrative and clinical support services, to physicians – in particular, Dr. David Tabby, who operated a neurology practice in Bala Cynwyd, Pennsylvania – to induce those physicians to refer patients to BioTek. The government also alleged that Dr. Tabby knowingly solicited and accepted this remuneration in exchange for referring numerous patients to BioTek. Dr. Tabby has paid $480,000 to settle these allegations, based on his ability to pay.

When a Medicare beneficiary obtains a prescription drug covered by Medicare, the beneficiary may be required to make a partial payment, which may take the form of a copayment, coinsurance, or a deductible (collectively “copays”). Congress included copay requirements in the Medicare program in part to serve as a check on health care costs. The Federal Anti-Kickback Statute prohibits the offering, paying, soliciting, or accepting, directly or indirectly, any remuneration – which includes money or any other thing of value – to refer or arrange for the referral of items or services payable by any federal health care program. This prohibition extends to companies that routinely waive the copays of Medicare patients without determination of financial need. The Anti-Kickback Statute also extends to the payment of remuneration to physicians in exchange for patient referrals.

“BioTek allegedly provided improper physician inducements and covered up kickbacks for patient referrals by waiving co-pays,” said United States Attorney Jacqueline C. Romero. “These improper and corrupt business practices will not be tolerated in this District. Biotek’s alleged scheme, orchestrated and implemented by Gadde, Dr. Tabby, and others, to routinely waive these copays – without regard for whether the patients were experiencing financial hardship – ensured a steady revenue stream for BioTek and undermined patient care to citizens of this District. This Office will continue to invest itself in the pursuit of health care providers who violate the law for personal gain.”

“Kickbacks impose hidden costs on the health care system and compromise medical decision-making,” said Maureen R. Dixon, Special Agent in Charge with the U.S. Department of Health and Human Services Office of the Inspector General. “Alongside our law enforcement partners, HHS-OIG is committed to safeguarding the integrity of federal health care programs by, in part, holding individuals who unlawfully bill the programs accountable for their actions."

“The settlement agreement announced today demonstrates our ongoing commitment to work with our law enforcement partners to investigate healthcare fraud and protect TRICARE, the healthcare system for military members and their dependents,” stated Special Agent in Charge Patrick J. Hegarty of the Defense Criminal Investigative Service Northeast Field Office. “When health care companies pay physicians and submit false claims for improper referrals, they undermine the integrity of TRICARE and place an unnecessary financial burden on the program.”

The civil settlement includes the resolution of claims brought under the qui tam or whistleblower provisions of the False Claims Act by Shantae M. Wyatt and Latoya Sparrow, former BioTek employees. Under those provisions, a private party may file an action on behalf of the United States and receive a portion of any recovery. Wyatt and Sparrow will receive $4 million as their share of the settlement with BioTek and Gadde, and $91,200 as their share of the settlement with Dr. Tabby. The qui tam case is captioned United States of America ex rel. Wyatt et al. v. BioTek reMEDys, Inc., No. 19-6069 (E.D. Pa.). The relators are represented by David Bocian, Esq. and Asher Alavi, Esq. of Kessler Topaz Meltzer & Check, LLP.

The resolutions obtained in this matter were the result of a coordinated effort among the Justice Department’s Civil Division, Commercial Litigation Branch, Fraud Section, the United States Attorney’s Office for the Eastern District of Pennsylvania, the United States Attorney’s Office for the District of Delaware, the U.S. Department of Health and Human Services Office of the Inspector General, the Office of Inspector General for the Office of Personnel Management, and the Department of Defense Office of Inspector General, Defense Criminal Investigative Service.

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 in the U.S. Attorney’s Office for the Eastern District of Pennsylvania by United States Attorney Jacqueline C. Romero, Deputy Chief Charlene Keller Fullmer, Assistant United States Attorney Judith Amorosa, and Auditor George Niedzwicki .

The claims asserted by the United States are allegations only and there has been no determination of liability.

PHILADELPHIA– United States Attorney Jacqueline C. Romero announced that the Cigna Group (“Cigna”), a national insurer with corporate offices in Philadelphia, has agreed to pay $172,294,350 to resolve allegations that it violated the civil False Claims Act by submitting and failing to withdraw inaccurate and untruthful diagnosis codes for its Medicare Advantage Plan enrollees in order to increase its payments from Medicare. Of this amount, Cigna will pay $135,294,350 to resolve allegations arising from an investigation based out of the Eastern District of Pennsylvania.

“Given the growth of Medicare Advantage plans, investigating fraud involving Medicare Part C is more important than ever. My office has prioritized combatting Medicare Advantage fraud, including applying data-driven investigative methods and working extensively with our law enforcement partners across the country,” said U.S. Attorney Jacqueline C. Romero of the Eastern District of Pennsylvania. “We will hold accountable those who report unsupported diagnoses to inflate Medicare Advantage payment, such as unsupported diagnosis codes for morbid obesity.” Indeed, earlier this year, this office announced another Medicare Advantage settlement in a different case: https://www.justice.gov/usao-edpa/pr/primary-care-physicians-pay-15-million-resolve-false-claims-act-liability-submitting.

Under the Medicare Advantage (“MA”) Program, also known as Medicare Part C, Medicare beneficiaries have the option of obtaining their Medicare-covered benefits through private insurance plans called MA Plans. Over half of our nation’s Medicare beneficiaries are now enrolled in MA Plans, and the government pays private insurers over $450 billion each year to provide for their care. The Centers for Medicare and Medicaid Services (“CMS”) pays the MA Plans a fixed monthly amount for each beneficiary who enrolls. CMS adjusts these monthly payments to account for various “risk” factors that affect expected health expenditures for the beneficiary, to ensure that MA Plans are paid more for those beneficiaries expected to incur higher healthcare costs and less for healthier beneficiaries expected to incur lower costs. To make these adjustments, CMS collects “risk adjustment” data, including medical diagnosis codes, from the MA Plans.

Cigna owns and operates MA Organizations that offer MA Plans to beneficiaries across the country. The United States alleges that Cigna submitted inaccurate and untruthful patient diagnosis data to CMS in order to inflate the payments it received from CMS, failed to withdraw the inaccurate and untruthful diagnosis data and repay CMS, and falsely certified in writing to CMS that the data was accurate and truthful. The settlement announced today resolves these allegations.

The United States contends that, for payment years 2014 to 2019, Cigna operated a “chart review” program, pursuant to which it retrieved medical records (also known as “charts”) from healthcare providers documenting services they had previously rendered to Medicare beneficiaries enrolled in Cigna’s plans. Cigna retained diagnosis coders to review those charts to identify all medical conditions that the charts supported and to assign the beneficiaries diagnosis codes for those conditions. Cigna relied on the results of those chart reviews to submit additional diagnosis codes to CMS that the healthcare providers had not reported for the beneficiaries to obtain additional payments from CMS. However, Cigna’s chart reviews also did not substantiate some diagnosis codes that were reported by providers and previously submitted by Cigna to CMS. Cigna did not delete or withdraw these inaccurate and untruthful diagnosis codes, however, which would have required Cigna to reimburse CMS. Thus, the United States alleges that Cigna used the results of its chart reviews to identify instances where Cigna could seek additional payments from CMS, while improperly failing to use those same results when they provided information about instances where Cigna was overpaid.

The United States further contends that, for payment years 2016 to 2021, Cigna knowingly submitted and/or failed to delete or withdraw inaccurate and untruthful diagnosis codes for morbid obesity to increase the payments it received from CMS for numerous beneficiaries enrolled in its MA plans. The medical records for individuals diagnosed as morbidly obese typically include one or more Body Mass Index (“BMI”) recordings. Individuals with a BMI below 35 cannot properly be diagnosed as morbidly obese. However, Cigna submitted or failed to delete inaccurate and untruthful diagnosis codes for morbid obesity for individuals lacking a BMI of 35 or above, and these codes increased the payments made by CMS.

In connection with the settlement, Cigna entered into a five-year Corporate Integrity Agreement (“CIA”) with the U.S. Department of Health and Human Services Office of Inspector General (“HHS-OIG”). The CIA requires that Cigna implement numerous accountability and auditing provisions. On an annual basis, top executives and members of the Board of Directors must make certifications about Cigna’s compliance measures, Cigna must conduct annual risk assessments and other monitoring, and an independent review organization will conduct multi-faceted audits focused on risk adjustment data.

“Today’s settlement shows our attention to and commitment in investigating all potential allegations of fraud against the Medicare Part C Program, no matter the complexity of the scheme,” said Maureen R. Dixon, Special Agent in Charge for HHS-OIG, Region III. “We will continue to partner with the United States Attorney’s Office to evaluate allegations brought under the False Claims Act to ensure the integrity of federal healthcare programs.”

The matter was handled in the Eastern District of Pennsylvania by Assistant U.S. Attorneys Deborah W. Frey and Matthew E. K. Howatt, Civil Chief Gregory B. David, auditor George Niedzwicki, and litigative consultants Lauren M. Cordrey and Priscilla Brandon, along with Civil Fraud Section attorney Carol L. Wallack and Assistant Director, Edward C. Crooke. HHS-OIG supported the investigation.

The remaining $37 million of the aggregate settlement amount above resolves allegations related to unsupported diagnoses for MA beneficiaries arising from Cigna’s home visit program. That separate settlement resolves claims brought under the qui tam or whistleblower provisions of the False Claims Act. That case is captioned United States ex rel. Cutler v. Cigna Corp., et al., No. 3:21-cv-00748 (M.D. Tenn.), which case was transferred from the Southern District of New York.

The investigation and resolution of this matter illustrate 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 https://oig.hhs.gov/fraud/report-fraud/ or 800-HHS-TIPS (800-447-8477).

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

The Boeing Company, headquartered in Arlington, Virginia, has agreed to pay $8,100,000 to resolve allegations that it violated the False Claims Act by submitting false claims and making false statements in connection with contracts with the U.S. Navy to manufacture the V-22 Osprey, a tiltrotor military aircraft. 

The settlement announced today resolves allegations that from approximately 2007 through 2018, Boeing failed to comply with certain contractual manufacturing specifications in fabricating composite components for the V-22 at its facility in Ridley Park, Pennsylvania. Specifically, the government contends that Boeing failed to perform required monthly testing on autoclaves used in the composite cure process and was not in compliance with additional requirements related to the testing.  

“The government expects contractors to adhere to contractual obligations to which they have agreed and for which they have been paid,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “Today’s settlement demonstrates our commitment to hold accountable contractors who violate such obligations and undermine the integrity of the government’s procurement process.”

“All government contractors have a responsibility to follow the obligations and protocols set forth by their contracts,” said U.S. Attorney Jacqueline C. Romero for the Eastern District of Pennsylvania. “This office is committed to accountability and protection from false claims as shown in cases such as this.”

“Maintaining the integrity of the U.S. Department of Defense (DoD) supply chain is a top priority for the DoD Office of Inspector General’s Defense Criminal Investigative Service (DCIS),” said Special Agent in Charge Patrick J. Hegarty of the DCIS Northeast Field Office. “The DoD expects its contractors to adhere to contract specifications and provide quality products to the U.S. military. We are committed to working with our law enforcement partners to investigate allegations of contractors circumventing required testing protocols and submitting false claims during the DoD procurement process.”

“The integrity of the military procurement process, and ultimately warfighter safety and our national security, demand that our contractors comply strictly with manufacturing requirements, including protocols for equipment testing,” said Special Agent in Charge Greg Gross of the Navy Criminal Investigative Service (NCIS) Economic Crimes Field Office. “NCIS and our partners remain committed to rooting out any noncompliance with manufacturing specifications that threatens warfighter readiness.”

The civil settlement includes the resolution of claims brought under the qui tam or whistleblower provisions of the False Claims Act by former employees of Boeing who worked in composites fabrication and autoclave operations with the V-22 program. Under the qui tam provisions, a private party can file an action on behalf of the United States and receive a portion of any recovery. The qui tam case is captioned U.S. ex rel. Roath et al. v. The Boeing Company, No. 16-cv-6547 (E.D. Pa.). The Relators will receive $1,539,000 in connection with the settlement.

The resolution obtained in this matter was the result of a coordinated effort between the Justice Department’s Civil Division, Commercial Litigation Branch, Fraud Section, and the U.S. Attorney’s Office for the Eastern District of Pennsylvania, with assistance from the DCIS, Naval Criminal Investigative Service, as well as subject matter experts from the Defense Contract Management Agency and the Naval Air Systems Command.

This matter was handled by Trial Attorney Amy Likoff of the Civil Division and Assistant U.S. Attorneys Joel Sweet and David Degnan for the Eastern District of Pennsylvania.

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