Eastern District of Pennsylvania

PHILADELPHIA – United States Attorney Jacqueline C. Romero announced today that a local property owner will pay $90,458 to settle allegations that he violated the False Claims Act by charging a low-income tenant more than the amount permitted under the property owner’s agreement with the government under the Housing Choice Voucher Program (Section 8).

The government alleges that under the Housing Choice Voucher Program, David Krmpotich of Montgomery County was permitted to charge rent in an amount agreed upon by Krmpotich, the tenant, and a public housing agency administering the rent subsidy program. Under the program rules and the parties’ lease, the tenant was required to pay Krmpotich rent equal to a portion of the tenant’s income, and the federal government was required to pay the balance of the agreed total rent. Krmpotich was prohibited from charging the tenant more than the tenant’s allocation of the total rent amount. Nevertheless, the government alleges Krmpotich demanded that the tenant pay an additional $125.00 to $185.00 per month in unlawful and undisclosed supplemental rent payments.

United States Attorney Romero stated, “A deal is a deal. Property owners receiving rent subsidies from government’s coffers must live with the deal they agree to and not secretly and illegally demand more from tenants, whether money or anything else of value. The conduct alleged here is an affront to the integrity of the Housing Choice Voucher Program – a program designed to promote safe and affordable housing for low-income tenants – and to the taxpayers who pay for the program. My office is committed to bring accountability to those who break the rules.”

“This settlement represents our commitment to protecting HUD beneficiaries from bad actors seeking to enrich themselves by preying on HUD-housing participants,” said Special Agent in Charge Shawn Rice of the U.S. Department of Housing and Urban Development, Office of Inspector General. “HUD OIG will continue to pursue and bring to justice landlords who fraudulently overcharge HUD-assisted tenants in violation of Federal law.”

The allegations against Krmpotich were brought to the attention of the United States by a whistleblower. The False Claims Act provides for whistleblowers to receive a portion of the amount recovered because of their disclosures. In this case, the whistleblower will receive $16,282 of the settlement proceeds. 

The government’s investigation was led by Assistant United States Attorney Joel M. Sweet, Investigator Jeffrey Braun, and investigators from HUD OIG. The whistleblower lawsuit is captioned United States ex rel. Catherine Spearman Jackson v. David Krmpotich, No. 22-cv-1613 (E.D. Pa.). 

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

The Boeing Company will pay $8,100,000 to settle allegations that it violated the False Claims Act by failing to adhere to critical manufacturing specifications in the production of composite parts for V-22 Osprey military aircraft, announced United States Attorney Jacqueline C. Romero.

The allegations against Boeing were brought to light by three whistleblowers who worked at Boeing’s manufacturing facility in Ridley Park, Pennsylvania.

The United States alleges that Boeing falsely certified to the government that it had complied with all manufacturing specifications for the fabrication of certain composite parts for the V-22 Osprey aircraft.

Composite parts for the V-22 Osprey are manufactured using a process that involves curing these parts in autoclaves. The autoclaves are large, precisely controlled chambers that regulate temperature and pressure over the extended period of time required to properly cure composite parts. Every composite part used in the V-22 must be cured at a particular temperature and pressure. The V-22 manufacturing specifications require Boeing to assure the accurate performance of the autoclaves by performing monthly temperature uniformity surveys, among other requirements. Temperature uniformity surveys are intended to verify that an autoclave is performing at expected temperatures or identify when an autoclave deviates from specified temperatures.

The United States contends that Boeing failed to comply with manufacturing specifications for certain V-22 composite parts manufactured at the Ridley Park facility. The government alleges that Boeing failed to conduct routine checks designed to ensure the consistent performance of autoclaves in which composite parts were cured. Specifically, the United States alleges that from 2007 through 2018 Boeing failed to perform monthly temperature uniformity surveys on autoclaves, failed to collect and analyze temperature uniformity survey data on a monthly basis, failed to verify that calibration and certification tags on autoclaves were current, and failed to direct random surveillance of autoclave processes – all in violation of the V-22 manufacturing specifications. The United States further alleges that Boeing failed to use appropriate thermal testing equipment and failed to maintain required documents concerning autoclave testing.

“Taxpayers deserve to get what they pay for, and members of our military deserve to know that no shortcuts have been taken in the manufacture of aircraft and other equipment upon which they depend. My office will continue to investigate vigorously all credible allegations of government contractors cutting corners and submitting false certifications in connection with payments from the Treasury,” said United States Attorney for the Eastern District of Pennsylvania Jacqueline C. Romero.

“Maintaining the integrity of the U.S. Department of Defense supply chain is a top priority for the Office of Inspector General’s Defense Criminal Investigative Service. The Department of Defense expects its contractors to adhere strictly to contract specifications when providing products to the U.S. military,” stated Patrick J. Hegarty, Special Agent in Charge of the Defense Criminal Investigative Service, Northeast Field Office. Hegarty continued: “We are committed to working with our law enforcement partners and the U.S. Attorney’s Office for the Eastern District of Pennsylvania to investigate allegations of contractors circumventing required testing protocols and submitting false claims during the 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 Economic Crimes Field Office. “NCIS and our partners remain committed to rooting out any noncompliance with manufacturing specifications that threatens warfighter readiness.”

The False Claims Act provides for whistleblowers to receive a portion of the amount recovered because of their disclosures. In this case, the three whistleblowers collectively will receive $1,539,000 of the settlement proceeds.

The government’s investigation was led by Assistant United States Attorneys Joel M. Sweet and David A. Degnan, Auditor Dawn Wiggins, and Investigator Jeffrey Braun, all of the United States Attorney’s Office for the Eastern District of Pennsylvania, along with Trial Attorney Amy Likoff of the U.S. Department of Justice Commercial Litigation Branch, Fraud Section, and Special Agents of the Defense Criminal Investigative Service and the Navy Criminal Investigative Service. The whistleblower lawsuit is captioned United States ex rel. Robert C. Roath, et al. v. The Boeing Company, No. 16-cv-6547 (E.D. Pa.). The whistleblowers are represented by F. Emmett Fitzpatrick, III of Flamm Walton Heimbach and Joseph D. Mancano of Mancano Law, PLLC.

The settlement is not an admission by Boeing that it is liable under the False Claims Act.

PHILADELPHIA, PA – United States Attorney Jacqueline C. Romero and the U.S. Department of Housing and Urban Development’s Inspector General Rae Oliver Davis hosted a Safe Housing Seminar today focused on promoting the health and safety of tenants living in HUD-assisted housing.

The seminar, which took place at the U.S. Attorney’s Office in Philadelphia as part of the HUD Office of Inspector General’s new community outreach initiative, focused on eliminating environmental hazards and combatting sexual misconduct in HUD-assisted housing. The topics included effective safe housing strategies, environmental justice concepts and issues, and how to recognize and report sexual misconduct in housing.

Participants included representatives from organizations who routinely work with vulnerable populations most likely to be impacted by environmental injustices, such as lead paint in their homes, or become victims of sexual harassment in housing by their landlords, property managers, maintenance staff, or other housing personnel in positions of authority. Organizations represented included local law enforcement agencies, legal aid offices, fair housing organizations, shelters, and transitional housing providers. Participants were encouraged to share their experiences, concerns, and expertise to build future partnerships and provide aid and assistance to beneficiaries when reporting matters related to health and safety in housing.

“My office and our investigative partners at HUD OIG are committed to the comprehensive environmental justice strategies aimed at reversing environmental inequities in underserved communities that rely heavily on HUD’s housing assistance programs,” said U.S. Attorney Romero. “Through our longstanding partnership, we will also continue to work together to enforce the Fair Housing Act by investigating and prosecuting discrimination in housing based on race, color, religion, national origin, sex, disability, and familial status. Sexual harassment is a form of sex discrimination prohibited by the Fair Housing Act, and together we will investigate and prosecute offenders taking advantage of tenants and prospective tenants in violation of the law.”

“Environmental justice violations and sexual harassment in housing are egregious violations of a person’s right to safe and fair housing under federal law,” Inspector General Oliver Davis said. “We are working closely with the U.S. Attorney’s Office to spread the word about ways to help victims who currently are experiencing these issues or who have been impacted by them in the past. Outreach events like the one we hosted today are an important way to increase awareness, share information, and build strong partnerships in the community to help call out and eliminate these problems together.”

If you or someone you know has information about environmental hazards and unsafe unit conditions in HUD-assisted housing or has been a victim of sexual harassment, sexual assault, or sexual exploitation—even if the events occurred years ago—report it to the HUD Office of Inspector General Hotline at 1-800-347-3735 or visit the website at www.hudoig.gov/hotline.

You may also contact the U.S. Department of Justice at 1-844-380-6178 or visit www.civilrights.justice.gov. Individuals who believe they may have been victims of environmental injustices or housing discrimination may also contact the U.S. Attorney’s Office at 615 Chestnut Street, Suite 1250, Philadelphia, PA 19106, ATTN: Environmental Justice Coordinator Erin Lindgren, USAPAE-EnvironmentalJustice@usdoj.gov, or Civil Rights Coordinator Lauren DeBruicker, USAPAE.CivilRights@usdoj.gov.

HUD OIG Sexual Misconduct in Housing Public Service Announcement: www.youtube.com/watch?v=fqXSMjUZIZU

HUD OIG Environmental Justice Public Service Announcement: https://youtu.be/Xk4uExYYph0

DOJ Sexual Harassment in Housing Initiative: www.justice.gov/crt/sexual-harassment-housing-initiative

On behalf of the U.S. Attorney’s Office for the Eastern District of Pennsylvania, I want to express how deeply saddened we are by the death of JoAnne A. Epps, Acting Temple University President. Acting President Epps is fondly remembered as a former Assistant U.S. Attorney from 1980 to 1985. She was an icon in the legal community, dedicating her life to public service, the rule of law, experiential legal education, equity and diversity in the profession, and the advancement of civil rights. She was tireless and passionate about the issues she held dear. We deeply mourn her passing and send our heartfelt condolences to her family in this difficult time.

On a personal note, JoAnne was a mentor and confidante. Today I mourn with countless women who had the pleasure of Joanne’s wise advice, mentorship, and counsel over the years. I am simply devastated by her passing. 

A Pennsylvania man was sentenced today to 25 years in prison for manufacturing and attempting to manufacture child sexual abuse material (CSAM).

According to court documents, David Dunn, 57, of Red Hill, used the mobile applications Snapchat and Likee to coerce and entice a 10-year-old female to engage in sexually explicit conduct. Dunn told the victim he was 11 years old and sent the minor female CSAM depicting minor boys, which he had downloaded from the Dark Web. Dunn captured the CSAM he coerced the victim to create and sent it to another individual via Telegram. Two cell phones seized from Dunn’s home contained thousands of images and videos of CSAM.

Dunn pleaded guilty to one count of sexual exploitation of children. 

Acting Assistant Attorney General Nicole M. Argentieri of the Justice Department’s Criminal Division, U.S. Attorney Jacqueline C. Romero for the Eastern District of Pennsylvania, and Acting Special Agent in Charge Richard Langham of the FBI Philadelphia Field Office made the announcement.

The FBI Philadelphia Field Office investigated the case.

Trial Attorney Kaylynn N. Foulon of the Criminal Division’s Child Exploitation and Obscenity Section and Assistant U.S. Attorney Kevin Jayne for the Eastern District of Pennsylvania prosecuted the case.

This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and the Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.

PHILADELPHIA – United States Attorney Jacqueline C. Romero announced today that Navmar Applied Sciences Corporation (NASC), headquartered in Warminster, Pennsylvania, has agreed to pay $4.4 million to resolve allegations that NASC violated the False Claims Act by knowingly and improperly double-billing and shifting certain labor and material costs under a series of contracts with the U.S. Department of the Navy. Separately, NASC has also agreed to resolve administrative claims arising out of an audit by the Defense Contract Audit Agency of NASC’s incurred cost proposals for Fiscal Years 2011, 2012, and 2013.

The United States’ allegations under the False Claims Act arise from a series of contracts, awarded by the Navy to NASC between 2010 and 2012, for enhanced intelligence, surveillance, and reconnaissance systems, hardware, maintenance technical support services, and the development and rapid deployment of various advanced sensors and Unmanned Aerial Systems.

The United States alleged that under those government contracts, NASC knowingly and improperly billed the Navy for certain labor and material costs on one contract, and then billed the same costs on another contract, and was improperly paid twice. The United States further alleged that in multiple instances, NASC knowingly and improperly shifted the costs of materials from one contract to another, to avoid cost ceilings and maximize payments from the government to which NASC was not entitled.

“This settlement demonstrates the Justice Department’s commitment to take appropriate action when it determines that taxpayer dollars have been doubled-billed and improperly accounted for,” said U.S. Attorney Romero. “Cases such as this one should be seen as a warning to defense contractors that false claims have no place in military purchasing.”

“Investigating allegations of cost mischarging on Department of Defense (DoD) contracts is a top priority for the Defense Criminal Investigative Service (DCIS), the law enforcement arm of the DoD Office of Inspector General,” stated Special Agent in Charge Patrick J. Hegarty, DCIS Northeast Field Office. “The DCIS is committed to working with the Naval Criminal Investigative Service and the Department of Justice to protect the integrity of the DoD procurement process. The Defense Contract Audit Agency’s Operations Investigative Support Division provided valuable expertise during this investigation.”

“Procurement fraud threatens military readiness and therefore poses a significant threat to our national security,” said Special Agent in Charge Gregory Gross of the NCIS Economic Crime Field Office. “NCIS remains committed to ensuring the good stewardship of U.S. taxpayer dollars by thoroughly investigating all allegations of fraud that damage the integrity of the Department of the Navy procurement process.”

The resolution obtained in this matter was the result of a coordinated effort between the United States Attorney’s Office for the Eastern District of Pennsylvania, the U.S. Department of Justice Civil Division, Commercial Litigation Branch, Fraud Section, with investigative assistance from the Defense Criminal Investigative Service, the Naval Criminal Investigative Service, the Defense Contract Audit Agency, and the Defense Contract Management Agency.

The matter is being handled in the U.S. Attorney’s Office by Assistant U.S. Attorneys Landon Y. Jones and Mark J. Sherer, and Auditor Dawn Wiggins.

PHILADELPHIA – United States Attorney Jacqueline C. Romero announced that Nicole K. Schuster, 32, of Revere, Massachusetts was charged by Information with disclosing contractor bid, proposal, and source information. Schuster was a mechanical engineer and “project lead” employed by the United States Department of the Navy (“the Navy”) at the Naval Foundry and Propeller Center in Philadelphia, Pennsylvania (the “NFPC”).

According to the Information, in or about early 2019, Schuster began working as the project lead on a solicitation for a procurement contract for a submarine propeller-making machine known as a VTC. During the contracting and bidding process, Schuster favored one company, identified in the information as “Company 1,” over other competing companies. Schuster urged her superiors to make the contract for this VTC a “sole source” contract for Company 1. That is, she requested that the contracting process should be established in a manner that would ensure that Company 1 would be awarded the procurement contract. The NFPC and Defense Logistics Agency agreed to favor Company 1 in this process but did not agree to prevent other companies from pursuing the contract. Rather, they established a process that allowed other contractors to submit information and compete for the contract. 

The information further alleges that on or about September 14, 2019, Schuster sent a WhatsApp message to a representative of Company 1 expressing her “loyalty” to Company 1 and attaching to the message Company 2’s confidential and proprietary contractor bid, proposal, and source selection information for its VTC. The documents that Schuster provided to this representative of Company 1 were marked “SOURCE SELECTION INFORMATION,” “OFFICIAL USE ONLY,” and “[Company 2] Proprietary information.” The documents included cost and pricing data and proprietary information about manufacturing processes and techniques. This disclosure gave Company 1 a competitive advantage over Company 2 and other companies seeking to obtain the VTC contract.  

On or about April 28, 2020, the procurement contract for the VTC was awarded to Company 1 for a total price of $15,254,608.

The case was investigated by the Department of Defense, Office of Inspector General, Defense Criminal Investigative Service and the U.S. Naval Criminal Investigative Service, Economic Crimes Field Office, and is being prosecuted by Assistant United States Attorney Louis D. Lappen.

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 Rooldy Alexandre, 54, of Willingboro, NJ, was sentenced to 24 months of incarceration, three years of supervised release, and restitution in the amount of $662,454 by United States District Judge Gerald J. Pappert for committing pandemic loan fraud in the name of the church for which he served as a pastor and on behalf of other members of the church.

The defendant was charged with, and pleaded guilty to, two counts of wire fraud in connection with his submission of false applications for U.S. Small Business Administration pandemic loans that are also known as Paycheck Protection Program (“PPP”) loans. While he served as the pastor and only employee of a Philadelphia church, the defendant was responsible for the church’s finances and controlled the church’s bank accounts. After the COVID-19 pandemic began, he first applied for a PPP loan using accurate information for the church but was not satisfied with the amount of the loan offered. He then reached out to a person in Florida who had prepared false PPP applications for others and asked that person to help him prepare a new PPP application for the church. The Florida consultant submitted false information about the church in the new application, and based on that false information, the church received an inflated loan of over $260,000. The defendant took a significant portion of the fraudulent loan proceeds for himself. He later submitted a false second-draw PPP loan application on behalf of the church and worked with his sister, Christella Dorval, charged elsewhere, to divert proceeds of the $250,000 loan to himself for personal use.

The defendant also offered to help other members of the church to apply for PPP loans. On behalf of two other members, he submitted loan applications, but he falsified information about the applicants. The defendant lied to the applicants and claimed that a fake Florida consultant had prepared their applications, and that they owed him 25% of any loan proceeds. When the applicants received the inflated loan proceeds based on the information falsely submitted by the defendant, they paid the 25% “consultant” fee, but unbeknownst to them the defendant again worked with his sister, Dorval, to divert their payments to himself for his own personal use.

The case was investigated by the Federal Bureau of Investigation and is being prosecuted by Assistant United States Attorney Nancy E. Potts.

PHILADELPHIA – United States Attorney Jacqueline C. Romero announced that Norman D. Wise, 57, of Mullica Hill, NJ, Douglas E. Daniel, 65, of Philadelphia, PA, and Leonard F. Coleman, 53, of Paulsboro, NJ, were charged by Information with bribery and fraud charges related to two schemes: (1) a bribery scheme in which Coleman paid off Wise and Daniel in exchange for contracting work awarded to Coleman at the Chester Housing Authority (“CHA”); and (2) a fraud scheme in which Wise and Daniel created a contracting company that they used to fraudulently bill the CHA and obtain hundreds of thousands of dollars in proceeds. During the time they engaged in these offenses, Wise was the Director of Public Housing for the Chester Housing Authority and Daniel was the Housing Program Manager and Wise’s chief assistant.

According to the Information, from in or about July 2014 through in or about March 2022, defendant Coleman made bribe payments separately to Wise and Daniel in exchange for CHA contracting work awarded to his company, Coleman’s Contracting. To generate these bribe payments, Wise and Daniel inflated the amount charged on invoices that Coleman submitted to the CHA for work he performed for the CHA. Wise and Daniel then ensured that the CHA paid Coleman on the inflated invoices, and Coleman paid Wise and Daniel bribes in amounts covered by the inflated invoices. Coleman made these payments by depositing funds directly into the personal bank accounts of Wise and Daniel. In total, Coleman made approximately $76,400 in bribe payments to Wise and Daniel around the time that Coleman received approximately $2.5 million in revenue from the CHA.

According to the Information, from in or about January 2019 through in or about January 2023, in a separate scheme, Wise and Daniel together used a company they created, Trinity Management Group (“TMG”), to fraudulently bill the CHA for work TMG allegedly performed for the CHA. Most of the work for which TMG billed the CHA was (1) performed by salaried CHA employees during their regular work hours; (2) performed by other contractors who were paid for that work by the CHA; or (3) not performed at all. In particular, the fraudulent invoices included billing for landscaping, painting, window replacements, and other construction and renovation work at CHA facilities. This fraudulent billing resulted in losses to the CHA of approximately $544,967.

The case was investigated by the Federal Bureau of Investigation and the U.S. Department of Housing and Urban Development, Office of Inspector General, and is being prosecuted by Assistant United States Attorney Louis D. Lappen.

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

Evoke Neuroscience, Inc., of New York will pay $225,000, and its co-founder/CEO David Hagedorn, Ph.D., of Jacksonville, North Carolina, will pay $220,000, to resolve alleged False Claims Act violations for causing the submission of false claims to Medicare by promoting false billing codes for a “brain health” device. The settlement was announced today by United States Attorney Jacqueline C. Romero of the Eastern District of Pennsylvania.   

Dr. Hagedorn, a psychologist, co-founded Evoke as a startup in approximately 2009. Evoke sold its “eVox” device primarily to general practitioner physicians. The device involves a 20-60 minute in-office application of a helmet with electrodes that purports to test certain brain functions. During Evoke’s initial startup phase, Dr. Hagedorn selected six billing codes for the eVox device.  

The settlement resolves allegations that from January 1, 2013 through May 31, 2021, Evoke and Dr. Hagedorn promoted to health care providers six false billing codes for Medicare reimbursement for the eVox device. By promoting false billing codes to health care providers, Evoke and Dr. Hagedorn caused the providers to submit false claims to Medicare. The United States contends that none of the codes were ever appropriate for the eVox device as applied because the codes generally require a longer testing time, a specialized environment (e.g., soundproof/dark room), and can only be administered by a relevant specialist. Moreover, the United States contends that Evoke and Dr. Hagedorn improperly encouraged health care providers to bill multiple codes for a single application of the eVox device. In 2018, coding consultants informed Evoke that many of the billing codes it was promoting were problematic, after which time Evoke stopped promoting the false codes.  

“There is no ‘startup’ exception under the False Claims Act,” said U.S. Attorney Romero. “You will be held accountable if you knowingly promote false billing codes to others.”   

This settlement resolves claims originally brought by Kevin Vance, M.D., and Angel Vance, R.N., of Madison, Mississippi to whom, among others, Evoke marketed the eVox system. The case was brought under the whistleblower, or qui tam, provisions of the False Claims Act. The Act permits private citizens with knowledge of fraud against the government to bring a lawsuit on behalf of the United States and to share in any recovery. The Vances will receive $89,000 of the settlement proceeds.

The lawsuit is captioned United States ex rel. Dr. Kevin Vance and Angel Vance v. Evoke Neuroscience, Inc., No. 21-452 (E.D. Pa.). The qui tam suit was initially filed in the United States District Court for the Southern District of Mississippi, and was transferred to the Eastern District of Pennsylvania, where the U.S Attorney’s Office had previously settled a False Claims Act case with a local provider involving, among other things, use of eVox: https://www.justice.gov/usao-edpa/pr/neurosurgeon-medical-practice-director-pay-over-1-million-resolve-false-claims-act.

The case was handled by Assistant United States Attorneys Matthew E. K. Howatt and Joel M. Sweet of the United States Attorney’s Office for the Eastern District of Pennsylvania, along with Auditor Dawn Wiggins and Investigator Jeff Braun, and Assistant United States Attorneys Deidre Colson, Jennifer Case, and Civil Chief Angela Williams of the United States Attorney’s Office for the Southern District of Mississippi. The U.S. Department of Health and Human Services Office of the Inspector General supported the investigation.

The government’s pursuit of this matter illustrates the government’s emphasis on combating health care fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse, and mismanagement can be reported to the Department of Health and Human Services at 800-HHS-TIPS (800-447-8477) or online at https://oig.hhs.gov/fraud/report-fraud.

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

PHILADELPHIA – United States Attorney Jacqueline C. Romero announced that Future Pharmacy, Inc. (“Future”) and JJ Pharmacy, Inc. (“JJ”), and their respective owners, Arthur Kilimnik, Alexander Ferman, Mikhail Ferman, Leonard Kilimnik, and Aleksey (Alex) Orlov, have agreed to pay over $3,500,000 to the federal government to resolve allegations that they violated the False Claims Act by billing Medicare for prescription medications that were not actually dispensed. During the period January 1, 2012, to December 31, 2016, these medications included but were not limited to Lidocaine, Lidoderm, Advair Diskus, Nexium, Creon, and Abilify. Future Pharmacy and JJ Pharmacy have also agreed to a five-year federal healthcare exclusion, which will prohibit them from receiving payments from any federally funded health care insurer such as Medicare during the that time. The pharmacies have also surrendered their DEA Certificates of Registration and ceased operations.

As a majority owner of Future Pharmacy and minority owner of JJ Pharmacy, and a pharmacist, the government also contends that Arthur Kilimnik violated the Controlled Substances Act by: (a) failing to maintain complete and accurate records; (b) failing to separate Future Pharmacy’s Schedule II biennial inventory from its Schedule III-V biennial inventory; (c) failing to take appropriate inventory within a two-year period following Future Pharmacy’s last inventory; (d) receiving Schedule II supply from another company, Future Medical, and filling prescriptions generated by Future Medical without proper documentation; and (e) improperly allowing another individual to use Kilimnik’s Controlled Substance Ordering System username and password to order Schedule II controlled substances.

“Pharmacies and pharmacists have a responsibility to serve as gatekeepers of a closed system of prescription drug distribution. That responsibility was allegedly abused for profit here,” said U.S. Attorney Romero.

“Pharmacies are integral partners in patient care, and they are expected to act with integrity,” said Maureen Dixon, Special Agent in Charge of the Philadelphia Regional Office of the Department of Health and Human Services, Office of the Inspector General. “We take allegations of pharmacy fraud seriously, and today’s settlement reflects our commitment to working with our partners to ensure that taxpayer dollars are spent in an appropriate manner – on needed medications, not wasted on fraud and abuse.”

“Pharmacies are entrusted with the proper dispensing and safeguarding of controlled substances in their possession,” said Thomas Hodnett, Special Agent in Charge of the Drug Enforcement Administration’s (DEA) Philadelphia Field Division. “The Controlled Substances Act mandates that pharmacists maintain accurate records and inventories to account for these drugs.”

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

The case was investigated by the U.S. Department of Health and Human Services Office of the Inspector General and the Drug Enforcement Agency. It was handled by Civil Chief Gregory B. David, Assistant U.S. Attorney Deborah W. Frey, and Auditor George Niedzwicki.

PHILADELPHIA – United States Attorney Jacqueline C. Romero announced that Duanne Pierce, 60, of Philadelphia, Pennsylvania was sentenced to 77 months’ imprisonment, 3 years of supervised release, and $606,394.60 in restitution and other penalties by United States District Court Senior Judge Cynthia M. Rufe for conspiring to transport stolen property across state lines and interstate transportation of stolen property.

From May 2018 through February 2020, defendant Duanne Pierce led seven others in a conspiracy to commit 12 retail jewelry store thefts throughout the United States, transporting the stolen jewelry back to Philadelphia after the thefts, where the jewelry was generally resold to stores in the “Jewelers Row” section of the city. Pierce and his crew carried out these thefts all over the country, often committing multiple thefts from different jewelry stores in a single day. This sophisticated approach reduced the likelihood that the crew would be caught because of local law enforcement’s significant challenge in investigating these out-of-state perpetrators. Pierce participated in 11 thefts, and his role was to steal jewelry—including diamond rings and gold chains, often worth several thousand dollars each—from a display case or from the rear, employee-only area of a store, while his co-conspirators “distracted” sales associates. Pierce then resold the stolen jewelry to local jewelers in Philadelphia. The total retail value of the jewelry stolen by Pierce’s crew was approximately $612,670.59.

In March 2022, a federal grand jury returned a 10-count Indictment charging Duanne Pierce and codefendants Charles Tillery, Janel Pierce, Yolanda Fife, David Tillery, Telfa Wills, and Clifton Fleming with conspiracy to transport stolen property across state lines, in violation of 18 U.S.C. § 371 (Count 1), and interstate transportation of stolen property and aiding and abetting, in violation of 18 U.S.C. §§ 2314 and 2 (Counts 2 through 10). In March 2023, Pierce pled guilty to Counts 1 through 10 of the Indictment. Each of Pierce’s codefendants has also pled guilty.

​"Thanks to the excellent work of the FBI and the many local police departments that assisted in this case," said U.S. Attorney Romero, "this prolific interstate robbery ring has been fully dismantled. Duanne Pierce’s sentence is the culmination of excellent cross-country collaboration among federal, state, and local law enforcement agencies."

“Duanne Pierce and his co-defendants were both prolific and strategic in their thefts, sometimes targeting multiple jewelry stores in the same day. Then they’d move on to a different city and do it again, hauling the stolen loot back to Philly to resell,” said Jacqueline Maguire, Special Agent in Charge of the FBI’s Philadelphia Division. “Through the investigative efforts of the FBI and numerous law enforcement partners across the country, this crew has been dismantled and is being held accountable for their crimes. For his leadership role in the conspiracy, Pierce will now spend years in federal prison.”

The case was investigated by the Federal Bureau of Investigation, Lancaster (PA) Police Department, Plantation (FL) Police Department, Greenville (SC) Police Department, Concord (NC) Police Department, Anderson (SC) Police Department, Jackson County (GA) Sheriff’s Office, Knoxville (TN) Police Department, Manchester (CT) Police Department, Howard County (MD) Police Department, Arlington County (VA) Police Department, Indianapolis (IN) Metropolitan Police Department, and Miami Township (OH) Police Department, and is being prosecuted by Assistant United States Attorneys Jessica Rice, Katherine Shulman, and Kevin Jayne.

Philadelphia, PA – United States Attorney Jacqueline C. Romero announced today that Thomas Jefferson University will pay $2.7 million to resolve allegations that it misused and improperly retained federal funds intended to be used for student loans.

The allegations arise from a loan program established by Congress to address the nation’s shortage of primary care physicians. Under the program administered by the U.S. Department of Health and Human Services’ Health Resources and Services Administration (“HRSA”), the government issues a Primary Care Loan award to a medical school to establish a revolving loan account to provide loans on favorable terms to students willing to commit to practicing in primary care for ten years after completing their medical degree (a “PCL Fund”). Under the terms of the program, participating medical schools must loan monies in the PCL Fund to medical students who meet the program’s qualifications. The school is to add any earnings that accrue on the PCL Fund back into the fund, thereby increasing the monies available to lend and expanding the program’s impact. Any monies in the PCL Fund that exceed a school’s PCL Program lending needs must be returned to HRSA annually so they can be made available to students at other medical schools participating in the program.

The settlement resolves allegations that between 2009 and 2016, Jefferson invested nearly all of its PCL Fund with its endowment, and retained the resulting earnings for its own purposes, in violation of loan program terms. Specifically, the settlement resolves allegations that Jefferson improperly invested federal monies expressly intended to be loaned to qualified medical students to finance their medical education, and retained all returns gained from that investment. These actions allegedly violated HRSA student loan program requirements that: (1) program monies be used only for loans to students and program-related expenditures; (2) any excess cash in the PCL Fund (any amount of the monies not actively on loan or projected to be in the near future) be kept in federally insured accounts “whenever possible;” (3) all earnings accrued on the PCL Fund be placed into the fund to be used to further the program’s purpose; and (4) any excess funds not needed for student loans, including any earnings accrued on any idle funds, be returned to HRSA annually.

Jefferson returned approximately $5.6 million of excess cash in the PCL Fund to HRSA in 2017. The settlement announced today resolves claims relating to the earnings Jefferson is alleged to have gained as a result of its investment of the PCL Fund between 2009 and 2016, and its retention of those earnings, in violation of program terms.

 “The Federal financial aid money in the Primary Care Loan program must be used for its intended purpose or returned to the program,” said U.S. Attorney Romero. “When a medical school wrongfully retains Primary Care Loan program funds that exceed its lending needs, it doesn’t just deprive students at other participating schools the opportunity to use that money to finance their educations. It deprives our communities of the very resource the program was implemented by Congress to provide—primary care physicians to keep them healthy and strong. Our office is dedicated to helping HRSA and our other federal partners maintain the integrity of their programs, and to ensure that taxpayer dollars are used for their intended public good and not private investment income.”

“When schools agree to participate in the Primary Care Loan program, they must carefully account for these federal funds to ensure that taxpayer dollars are used for public good. When a school wrongfully keeps these funds from the program, it prevents other recipients from using them to meet the primary care needs of the community,” said Maureen R. Dixon, Special Agent in Charge for the Department of Health and Human Services, Office of Inspector General (HHS-OIG). “We will continue to work with our partners at HRSA and the U.S. Attorney’s Office to investigate allegations relating to any misuse—including wrongful retention—of federal funds.”

“HRSA takes proper management and oversight of financial assistance seriously,” said Cynthia Baugh, HRSA’s Associate Administrator of the Office of Federal Assistance Management and Chief Grants Management Officer. “We appreciate the collaboration with the U.S. Attorney’s Office and will continue to actively work with our law enforcement partners when we identify potential misuse of federal funds.”

The investigation was conducted by the Office of the Inspector General of the U.S. Department of Health and Human Services and the United States Attorney’s Office for the Eastern district of Pennsylvania. The investigation and settlement were handled by Assistant United States Attorney Lauren DeBruicker, Auditor Dawn Wiggins, and Fraud Investigator Jeffrey Braun.

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

PHILADELPHIA – United States Attorney Jacqueline C. Romero announced that Kamal Fataliev, 19, of Philadelphia, was arrested and charged by indictment on charges of making false statements to federal agents. Specifically, the indictment alleges that, in May 2023, Fataliev made materially false statements to Federal Bureau of Investigation (“FBI”) special agents who were conducting an international terrorism investigation.

If convicted, the defendant faces a maximum possible sentence of 16 years in prison, three years of supervised release, a $500,000 fine, and a $200 special assessment.

The case was investigated by the FBI and is being prosecuted by Assistant United States Attorney Joseph A. LaBar and Trial Attorney Dmitriy Slavin of the United States Department of Justice, National Security Division, Counterterrorism Section.

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 Donavon Parish, 28, of Hattiesburg, Mississippi, was arrested and charged by indictment on charges of cyberstalking and communicating interstate threats. The federal grand jury made a special finding that the defendant targeted his victims based on their actual and perceived religion.

The indictment alleges that during April and May 2022, the defendant used a Voice over Internet Protocol service to make a series of phone calls to synagogues and Jewish-owned businesses in the Eastern District of Pennsylvania. In these calls, the defendant allegedly spoke to individuals answering the telephone calls on behalf of their respective institutions, at which time he repeatedly referenced the genocide of approximately six million Jewish people during the Holocaust, stating, among other things, “Heil Hitler,” “all Jews must die,” “we will put you in work camps,” “gas the Jews,” and “Hitler should have finished the job.”

If convicted, the defendant faces a maximum possible sentence of 50 years’ imprisonment, three years of supervised release, a $2,500,000 fine, and a $1,000 special assessment.

The case was investigated by the Federal Bureau of Investigation and is being prosecuted by the United States Attorney’s Office for the Eastern District of Pennsylvania and the United States Department of Justice’s National Security Division (Counterterrorism Section), with assistance from the United States Department of Justice’s Civil Rights Division and the United States Attorney’s Office for the Southern District of Mississippi.

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

Donavon Parish, 28, of Hattiesburg, Mississippi, was arrested today and charged by indictment for allegedly engaging in cyberstalking and communicating interstate threats. The indictment alleges the defendant targeted his victims based on their actual or perceived religion, that is, the Jewish faith.

According to the indictment, in April and May 2022, the defendant used a voiceover internet protocol service to make a series of phone calls to synagogues and Jewish-owned businesses in the Eastern District of Pennsylvania. In these calls, Parish allegedly spoke to individuals answering the telephone calls on behalf of their respective institutions, at which time he repeatedly referenced the genocide of approximately six million Jewish people during the Holocaust, stating, among other things, “Heil Hitler,” “all Jews must die,” “we will put you in work camps,” “gas the Jews,” and “Hitler should have finished the job.”

If convicted, Parish faces a statutory maximum sentence of 50 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division, U.S. Attorney Jacqueline C. Romero for the Eastern District of Pennsylvania and Assistant Director Robert Wells of the FBI’s Counterterrorism Division made the announcement.

The FBI is investigating the case.

The Eastern District of Pennsylvania and National Security Division’s Counterterrorism Section are prosecuting the case, with assistance from the Justice Department’s Civil Rights Division and the U.S. Attorney’s Office for the Southern District of Mississippi.

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

A federal grand jury in Philadelphia returned a superseding indictment today charging a Pennsylvania man with seven counts of wire fraud, two counts of mail fraud, and three counts of tax evasion. He was previously charged with the wire and mail fraud counts in an indictment unsealed on Jan. 3, 2023.

According to the superseding indictment, John Griffin of Philadelphia was the principal and founder of Second Story Farming, Inc., doing business as Metropolis Farms, a business purportedly involved with developing and manufacturing sustainable vertical farming technologies. Between approximately 2016 to 2018, Griffin allegedly made misrepresentations, promising to provide two entities with the equipment necessary to create indoor vertical farms. In total, both entities allegedly paid Griffin $760,000 to purchase the equipment, yet Griffin allegedly used only a fraction of that money to purchase equipment. The remainder was allegedly used to operate Griffin’s own business and pay his personal expenses.

The superseding indictment further alleges that from 2016 through 2018, Griffin received at least $420,000 in gross income from his work for Second Story Farming and did not report it on his federal tax returns, and allegedly did not to file a personal tax return since at least 2014. Griffin allegedly attempted to evade his income taxes by making personal withdrawals from business bank accounts and transferring funds from business bank accounts to his wife and entities he controlled.

If convicted, Griffin faces a maximum penalty of 20 years in prison for each wire and mail fraud count and 5 years in prison for each of tax evasion count. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and U.S. Attorney Jacqueline C. Romero of the Eastern District of Pennsylvania made the announcement.

IRS-Criminal Investigation, the United States Postal Inspection Service, and the FBI are investigating the case.

Trial Attorney Catriona Coppler of the Tax Division and Assistant U.S. Attorney David Ignall of the Eastern District of Pennsylvania are prosecuting the case.

An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

PHILADELPHIA – United States Attorney Jacqueline C. Romero announced that Jeffrey D. Martin, 64, of Orlando, FL, was sentenced to 78 months’ imprisonment and five years’ supervised release and fined $50,000 by United States District Court Judge Gerald Pappert for his participation in a conspiracy to artificially inflate the price of penny stock shares and sell them fraudulently to the public. Martin was also ordered to forfeit $3.5 million in ill-gotten gains.

In November 2020, Martin was charged for manipulating the stock of Mainstream Entertainment, Inc., now known as Volt Solar Systems, Inc., Resort Savers, Inc., Axiom Corp., Virtual Medical International, Inc., and Union Bridge Holdings, Ltd. In a “pump and dump” scheme, Martin and his co-conspirators published fraudulent press releases, filed fraudulent securities disclosures with the U.S. Securities and Exchange Commission, and conducted manipulative stock trading to artificially inflate the price of the stock. They then sold their shares at inflated prices, leading Martin to earn more than $989,000 in illicit proceeds from just one of the companies.

The case was investigated by the Federal Bureau of Investigation, and is being prosecuted by Assistant United States Attorney Paul G. Shapiro. The U.S. Attorney’s Office appreciates the assistance of the U.S. Securities and Exchange Commission and the Financial Industry Regulatory Authority.

PHILADELPHIA – United States Attorney Jacqueline C. Romero announced that Christopher Davis, 32, of Haddon Heights, NJ, was sentenced to 40 months in prison and five years of supervised release and ordered to pay $267,859 in restitution by United States District Court Judge Harvey Bartle III, for unlawfully obtaining and misusing loan proceeds offered through the federal Paycheck Protection Program (“PPP”) and committing tax evasion. 

While operating a property management business out of Broomall, Pennsylvania in 2016, 2017, and 2018, Davis earned hundreds of thousands of dollars. Nonetheless, he willfully failed to file a tax return for each of these years and took actions to evade paying his personal income taxes, such as using approximately $230,000 from his business bank accounts to purchase four automobiles (including a Ferrari, a Range Rover, and a Mercedes Benz) for his personal use and utilizing corporate credit cards to charge over $326,000 in personal expenses, including trips to Italy, Monaco, Great Britain, Spain, France, and Greece.

After this business failed, in May 2020 Davis filed a fraudulent PPP application in the name of one of his companies, seeking a $209,510 loan. In support of this application, Davis falsely claimed that he had 20 employees and paid a monthly salary of approximately $83,000 to these employees. He also submitted false documentation to support these fraudulent claims. As a result, Republic Bank approved Davis’ fraudulent application and issued him the PPP loan. Davis immediately began to spend the proceeds on personal expenses, including a new Tesla.

“PPP funds were meant to help small businesses stay afloat during unprecedented adverse circumstances,” said U.S. Attorney Romero. “In fraudulently obtaining these funds and evading taxes, Davis took advantage of taxpayers and took valuable resources away from businesses and individuals who needed them.”

“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. "The outcome today is due to the dedicated efforts of IRS Criminal Investigation special agents and our law enforcement partners."

“Christopher Davis blatantly defrauded a government program meant to keep businesses and workers afloat during the pandemic, using the money for his own personal expenses,” said Jacqueline Maguire, Special Agent in Charge of the FBI’s Philadelphia Division. “The FBI and our partners will continue to crack down on Covid con artists like Davis and hold them accountable for their actions.”

The case was investigated by the Federal Bureau of Investigation and the Internal Revenue Service and is being prosecuted by Assistant United States Attorney Patrick J. Murray.

PHILADELPHIA – United States Attorney Jacqueline C. Romero announced that Edward Decker, 45, of West Chester, Pennsylvania, was charged by indictment with two counts of abusive sexual contact on an aircraft.

In July 2022, Decker allegedly engaged in sexual contact with a minor on an American Airlines flight, departing San Diego, California, arriving in Philadelphia, Pennsylvania. If convicted, the defendant faces a maximum possible sentence of 5 years in prison, one year of supervised release, a $500,000 fine, and a $200 special assessment.

The case was investigated by the Federal Bureau of Investigation 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.

A Pennsylvania man was sentenced today to 25 years in prison for trafficking four minors in Philadelphia.

According to court documents, from at least February 2016 to 2017, Andre Felts, 35, of Philadelphia, led a prostitution ring and trafficked at least four minors ranging in age from 15 to 17 years old. Felts kept a significant portion of the money paid to the minor victims and he and others, at his direction, posted advertisements on the internet for commercial sex with the minors, provided transportation to and from sexual encounters, and identified locations for commercial sex acts to occur. His co-defendants, Ryan Keel and Kevin Francis, allowed Felts to use their homes for commercial sex encounters with the minors in exchange for a portion of the proceeds. On one occasion, Felts assaulted a minor victim.

Felts was also sentenced to a lifetime of supervised release.

On May 31, Keel was sentenced to 11 years and three months in prison, followed by 10 years of supervised release. On July 27, 2022, Kevin Francis was sentenced to 10 years in prison, followed by 10 years of supervised release. All three defendants were ordered to jointly pay $235,000 in restitution to the victims as part of their sentences.

Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division, U.S. Attorney Jacqueline C. Romero for the Eastern District of Pennsylvania, and Assistant Director Luis Quesada of the FBI’s Criminal Investigative Division made the announcement.

The FBI investigated the case.

Trial Attorneys Gwendelynn Bills and Jessica Urban of the Criminal Division’s Child Exploitation and Obscenity Section (CEOS) and Assistant U.S. Attorneys Alexandra Lastowski and Priya De Souza for the Eastern District of Pennsylvania prosecuted the case.

This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.

PHILADELPHIA – United States Attorney Jacqueline C. Romero announced that William Merlino, 85, of Mays Landing, NJ, was sentenced to thirty-three months in prison and one year of supervised release by United States District Court Judge Gerald A. McHugh for selling misbranded drugs online and obstruction of justice.

The chemical 2,4-Dinitrophenol (“DNP”) has a variety of industrial and commercial uses, such as herbicides, dyes, and wood preservatives. In the 1930s, before federal law required drugs to be proven safe before they were marketed, DNP was used as a weight-loss drug despite significant adverse side effects, including dehydration, cataracts, liver damage, and death. Owing to DNP’s toxicity, the U.S. Food and Drug Administration (“FDA”) has never approved DNP for human consumption.

A year-long investigation by the FDA revealed that Merlino, a retired physician, packaged and sold DNP for human consumption as a weight-loss drug, and that he used Twitter to advertise, eBay to sell, and email to communicate with customers in the U.S., Canada, and the U.K. Merlino operated his online business out of his home from at least November 2017 until March 2019, and earned approximately $54,000 from his sales of DNP to hundreds of customers. A search warrant executed at the defendant's residence recovered bulk DNP, packaging and encapsulating materials, and a pill press.

In December 2019, Merlino was charged with one count of introduction of misbranded drugs into interstate commerce in connection with operating his illegal business, and in August of 2021, while under indictment and awaiting trial on the misbranding charge, he faked a diagnosis of pancreatic cancer in order to avoid trial. Based on forged medical records and doctor’s letters submitted to the court, Merlino’s trial was delayed several months. When the obstruction was discovered in January 2022, he was charged with obstructing justice and detained. 

In August 2022, Merlino was convicted at trial of the misbranding charge, and subsequently pleaded guilty to the obstruction charge in January 2023. During the trial, a witness from the shipping service the defendant used to ship the drug to customers testified that they referred to Merlino among their colleagues as “the yellow man,” owing to the fact that every time he would bring in a package to ship, they would see yellow dust from the chemical on his skin, nails, and clothes. At sentencing, the government presented evidence that a customer in the U.K. died of DNP toxicity after ingesting pills he purchased from Merlino, who knew that DNP was toxic to humans and illegal to market as a drug. 

“Misbranding and selling a toxic chemical not fit for human consumption as a diet drug places the public at grave and obvious risk,” said U.S. Attorney Romero. “The defendant’s deliberate, dangerous, and deceptive conduct in this case was egregious, and resulted in the tragic loss of a life. His faking having cancer to avoid accountability in our justice system only underscores his shocking contempt for the law.”

“Distributing unapproved and potentially toxic drugs under false labeling and in a deliberate attempt to avoid regulatory scrutiny endangers consumers who are in many cases desperate for treatment,” said Special Agent in Charge George A. Scavdis, FDA Office of Criminal Investigations Metro Washington Field Office. “The fact a medical professional was involved makes the situation ever more troubling.  We will continue to pursue and bring to justice those who jeopardize the public health.”

The cases were investigated by the U.S. Food & Drug Administration Office of Criminal Investigations, U. S. Postal Inspection Service, and Homeland Security Investigations (“HSI”) Atlantic City under the HSI Newark office and are being prosecuted by Assistant United States Attorney Joan Burnes.

PHILADELPHIA – United States Attorney Jacqueline C. Romero announced that the U.S. Department of Justice’s Civil Rights Division and the U.S. Attorney’s Office for the Eastern District of Pennsylvania filed a proposed consent order today to resolve allegations that Stroudsburg, Pennsylvania-based ESSA Bank & Trust (ESSA) engaged in a pattern or practice of lending discrimination by “redlining” majority-Black and Hispanic neighborhoods around Philadelphia. 

“Redlining” is an illegal practice in which lenders avoid providing credit services to individuals living in communities of color because of the race, color, or national origin of residents there. The Fair Housing Act (FHA) and the Equal Credit Opportunity Act (ECOA) prohibit financial institutions from discriminating on such bases when providing mortgage lending services. 

The Department began investigating ESSA’s lending practices after receiving a Federal Deposit Insurance Corporation (FDIC) referral. ESSA fully cooperated with the investigation.

The consent order is subject to court approval and was filed, together with the United States’ complaint, in the U.S. District Court for the Eastern District of Pennsylvania. The complaint alleges that:

• From at least 2017 to 2021, and in violation of the FHA and ECOA, ESSA failed to provide mortgage lending services to (and did not serve the credit needs of) majority-Black and Hispanic neighborhoods in and around Philadelphia;
• ESSA inadequately staffed loan officers to cover the Bank’s branches in such neighborhoods; and
• ESSA’s residential lending advertising targeted majority-white areas while avoiding Philadelphia County.  

ESSA worked expeditiously with the Department to resolve these allegations. Under the consent order, ESSA agrees to invest over $3 million to increase credit opportunities in majority-Black and Hispanic neighborhoods in the Bank’s lending area—including within a five-mile radius around ESSA’s Upper Darby and Lansdowne branches, which encompasses West Philadelphia and the City’s Grays Ferry section. Specifically, ESSA will invest in and for residents of those neighborhoods at least:

• $2.92 million in a loan subsidy fund to increase access to home mortgage, home improvement, home refinance, and home equity loans and lines of credit;
• $125,000 on community partnerships to provide services that increase residential mortgage credit access within a five-mile radius of the Upper Darby and Lansdowne branches; and
• $250,000 on advertising, outreach, consumer financial education, and credit counseling to expand the Bank’s services within that radius.

ESSA also agrees: to assess and report on its fair lending program; to train staff on the Bank’s obligations under the consent order; to complete a community credit needs assessment and remedial plan; to maintain a Fair Lending Committee and a Community Development Officer; and to hire two new mortgage loan officers to serve its Upper Darby and Lansdowne branches.

Announced in October 2021, the Department of Justice’s Combatting Redlining Initiative coordinates the efforts of the FDIC and other enforcement agencies to address this persistent form of discrimination. To date, under the Initiative, the Department has announced seven redlining cases and settlements, and secured $87 million in relief for communities of color that have been victims of lending discrimination. This includes last year’s $20 million settlement with Trident Mortgage Company of its alleged redlining in the Philadelphia metropolitan area.

"Accessing the American dream of owning your own home is possible only when there is equality for all in their opportunities to access lending in the residential mortgage markets," said U.S. Attorney Romero. “Redlining in Greater Philadelphia has deep roots; it's led to decades of disinvestment in communities of color. We appreciate ESSA's prompt cooperation with the Department's investigation and their efforts that will aim to infuse lending resources and help build wealth in neighborhoods of color." 

“For too long, residents of communities of color have been unlawfully denied equal access to credit and shut out of economic opportunities,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “When banks engage in redlining, they perpetuate existing patterns of segregation and widen the racial wealth gap in our country. This resolution makes clear our commitment to holding banks and financial institutions accountable for modern-day redlining while ensuring access to fair lending in communities of color.”

The matter is being handled in the Department’s Civil Rights Division by Special Counsel for Fair Lending Varda Hussain and Trial Attorney Audrey Yap, both of the Housing and Civil Enforcement Section, and in the United States Attorney’s Office by Assistant United States Attorney Gerald B. Sullivan.

A copy of the complaint and information about the Department’s fair lending enforcement can be found at www.justice.gov/fairhousing. Individuals may report lending discrimination by calling the Department’s Housing Discrimination Tip Line at 1-833-591-0291, or submitting a report online.

Citizens in the Eastern District of Pennsylvania who believe that they may have been victims of lending discrimination may also contact the U.S. Attorney’s Office for the Eastern District of Pennsylvania at 215-861-8200 or via email at USAPAE.CivilRights@usdoj.gov.

PHILADELPHIA – United States Attorney Jacqueline C. Romero announced that Jose Baez and Jessenia Cordero, a married couple, both of Allentown, PA, were charged by way of complaint with one count of conspiracy to defraud the United States with respect to certain claims, conspiracy to commit aggravated identity theft, and conspiracy to commit mail fraud, all stemming from Baez and Cordero filing fraudulent tax returns and PUA applications with stolen identities. 

The complaint alleges that Baez and Cordero used stolen identities to file at least 316 fraudulent federal tax returns and 168 fraudulent PUA applications. Baez and Cordero filed the false returns with designated tax preparer identification numbers registered under their name. According to the complaint, Baez and Cordero used the corporate alter ego, JB Multiservices, a company owned by Baez, and of which Cordero was an employee, to file the fraudulent returns. The false returns were filed using an IP address registered to Baez at the business's location. Additionally, according to the complaint, at least 674 false returns were filed by the IP address registered to that location by Baez, Cordero, Person 1, and Person 2. As outlined in the complaint, per Internal Revenue Service (IRS) records, the 316 false returns filed by Baez and Cordero requested at least $1.8 million dollars in fraudulent tax refunds. 

As also alleged in the complaint, the IP address registered to Baez at his and Cordero's home was used to file 168 fraudulent PUA applications. After the fraudulent applications were filed, the respective state workforce agency responsible for administering the PUA benefits dispersed funds on the fraudulent PUA applications by mailing PUA debit cards to addresses in Allentown and elsewhere. Over $1.4 million dollars in PUA benefits were withdrawn at ATMs on the cards. PUA debit cards were also issued under Baez and Cordero's names and mailed to an Allentown address. The PUA debit cards issued under the names of Baez and Cordero were often used at ATMs immediately before or after PUA debit cards were issued on other applications filed with stolen identities.

As alleged in the complaint, during a July 6, 2022 search warrant, that was executed pursuant to a federal search warrant issued in the Eastern District of Pennsylvania of Baez and Cordero's home, federal agents recovered lists of identities and documents that were used to file the fraudulent tax returns and PUA applications.

The case was investigated by the Federal Bureau of Investigation's Allentown Resident Agency, the Internal Revenue Service – Criminal Investigation, and the Department of Labor's Office of the Inspector General, and is being prosecuted by Assistant United States Attorneys Timothy M. Lanni and Mary A. Futcher.

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

PHILADELPHIA, PA - United States Attorney Jacqueline C. Romero announced her office’s participation in the Department of Justice’s Annual Money Mule Initiative, a national effort to combat money mule fraud schemes.

Money mules are individuals who are recruited by national and international fraud schemes to help with the laundering of fraud proceeds, or to transport goods purchased with fraud proceeds. These individuals are usually recruited online, through dating websites, job recruiting advertisements, or other types of internet solicitations. The money mules are then asked to help move money and goods from the victims to the fraudsters, who are oftentimes located overseas.

Sometimes the money mules are themselves innocent victims who do not realize that they are assisting with criminal activity. Other times, however, the money mules come to realize that what they are doing is wrong and/or illegal. When this happens, the money mules become knowing participants in the fraud schemes they are assisting and are subject to prosecution.

“Identifying and disrupting the work of money mules is critically important, as money mules are integral components of many organized criminal groups, including international fraud rings,” said U.S. Attorney Romero. “We are committed to working with our local, state, and federal law enforcement partners to disrupt money mule networks in an effort to cut off the flow of funds from victims of fraud schemes – often elderly and vulnerable Americans – to transnational criminal organizations.”

“I am pleased to announce today that the United States Postal Inspection Service and the United States Attorney’s Office are taking steps to stem the flow of victim money leaving the United States through the hands of money mules,” said Christopher Nielsen, Inspector in Charge of the Philadelphia Division of the Postal Inspection Service.  “For many years, we as Postal Inspectors have developed various initiatives to combat the flow of illegal proceeds being sent through the mail to foreign countries.  Taking steps to not only educate our customers, but to bring law enforcement action against perpetrators, will stem the flow of financial loss.  These efforts aside, the most effective way to reduce fraud victimization of American citizens is for friends and family to simply look out for one another.  If you become aware that someone close to you sends Postal Money Orders, cash, or gift cards through the mail, or through other shipping services, to foreign countries, take a moment to talk to that person about these activities and notify the Postal Inspection Service if you suspect fraud.  You might help save them from significant financial loss.”

In the last week, the U.S. Attorney’s Office for the Eastern District of Pennsylvania filed three separate civil complaints and civil injunctions against alleged money mules accused of participating in lottery fraud schemes based in Jamaica and Nigeria. Architects of lottery schemes contact potential victims, falsely claim that those victims have won the lottery, and thereby induce the victims to send money to account for taxes and fees purportedly associated with victims’ falsely promised lottery winnings.

In these schemes, money mules play a critical role by receiving victim payments by mail and wire transfer, depositing the payments into their bank accounts, and allowing access to those accounts by individuals in Jamaica engaged in the scheme. The defendants are alleged to have received victim payments by mail or common carrier, deposited the payments into their bank accounts, and then transferred the funds by wire transfer to individuals engaged in the schemes in Jamaica and Nigeria.

Each defendant has agreed to a stipulated consent decree and order of permanent injunction. The stipulated order bans the alleged money mules from directly or indirectly, assisting, facilitating, or participating in any lottery scheme, prize promotion fraud, or any money transmitting business.

The complaints and civil injunction actions (civil action numbers 23-cv-1844, 23-cv-1885, and 23‑cv-1886) were filed in the United States District Court for the Eastern District of Pennsylvania. These cases are being handled by Assistant United States Attorney David A. Degnan. The investigations were conducted by the United States Postal Inspection Service.

Members of the public are reminded to be careful of individuals they meet online. If those individuals ask you to receive or transfer funds or goods, purchase gift cards, or engage in any type of suspicious activity, please report this activity to law enforcement.

To find public education materials, as well as information about how fraudsters use and recruit money mules, please visit www.justice.gov/civil/consumer-protection-branch/money-mule-initiative.

Information about the Department of Justice’s Elder Fraud Initiative is available at www.justice.gov/elderjustice. If you or someone you know is age 60 or older and has been a victim of financial fraud, help is available at the National Elder Fraud Hotline: 1-833-FRAUD-11 (1-833-372-8311).   

PHILADELPHIA – United States Attorney Jacqueline C. Romero announced that Complete Physician Services, Kenneth Wiseman, DO, and Steven Schmidt, DO (collectively, “CPS”), have agreed to pay a total of $1,500,000 plus interest to resolve False Claims Act allegations that they caused the submission of false claims by misrepresenting the severity of illness and services rendered to increase reimbursement from the Medicare Part C (Medicare Advantage) and Part B programs. 

CPS, a primary care physician practice located in Philadelphia, treated patients under the Medicare Advantage program and the Medicare Part B (Medical Insurance) program. The government alleges that CPS caused the submission of false claims for payment to Part C from January 1, 2015, to December 31, 2018, arising from CPS submitting unsupported diagnosis codes, resulting in increased reimbursement to Part C health insurance companies. Specifically, CPS submitted morbid obesity diagnosis codes to Part C where the diagnoses lacked medical support in that patients had a body mass index under 35. The government contends that the diagnosis of morbid obesity in this situation is inappropriate. Further, the government alleges that CPS’s submission of chronic obstructive pulmonary disease (“COPD”) diagnoses were not medically supported or supported by appropriate medical documentation in many instances. As a result of these unsupported diagnoses, CPS substantially increased Part C reimbursement from the Centers for Medicare & Medicaid Services (“CMS”).

The government also alleges that CPS caused the submission of inappropriate claims to the Medicare Part B program that were not supported by medical documentation from January 1, 2015, to December 31, 2018, in order to maximize its reimbursement. Specifically, the government contends that CPS improperly billed Evaluation and Management visits using Current Procedural Terminology Code 99214 without the requisite level and complex medical decision making that this code requires. Further, CPS inappropriately billed physician assistant services “incident to” the professional services of a physician including occasions when the physician was out of the country. Finally, CPS also submitted unsupported billing to CMS for smoking cessation counseling, pulmonary function tests, and unsupported claims for vaccine administration.

“Almost half of Medicare beneficiaries are now enrolled in Medicare Advantage plans. Investigation of credible allegations of fraud impacting it is more important than ever,” said U.S. Attorney Romero. “The Medicare Advantage Program relies on accurate information about its enrollees’ health status, such as whether they really have morbid obesity or COPD. It is imperative that enrollees receive appropriate treatment and that participating providers and health plans receive proper compensation for the services they actually provide. We will hold accountable those who report unsupported diagnoses to inflate Medicare Advantage payment.”

“Today’s settlement shows our attention to and commitment in investigating all potential allegations of fraud against the Medicare Part C Programs, no matter the size of the physician practice, or the complexity of the scheme,” said Maureen R. Dixon, Special Agent in Charge for the U.S. Department of Health and Human Services, Office of the Inspector General. “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 Medicare programs.”

This settlement resolved a lawsuit filed under the False Claims Act in the U.S. District Court for the Eastern District of Pennsylvania by former CPS employees captioned United States ex rel. Michael Helzner, D.O., et al. v. Complete Physician Services, LTD, at al., No. 16-cv-5401 (E.D. Pa.). Under the qui tam or whistleblower provisions of the False Claims Act, lawsuits like this one may be brought on behalf of the United States and the relators share in any recovery by the government. The relators were represented in this case by John M. Hanamirian of the Hanamirian Law Firm. “We thank the relators and the relators’ counsel for their contributions. Detecting fraud is much easier when we have the cooperation of whistleblowers like the ones in this case,” said Romero.

This matter was investigated by the U.S. Attorney’s Office for the Eastern District of Pennsylvania, in conjunction with the U.S. Department of Health and Human Services Office of Inspector General. The investigation and settlement were handled by Assistant U.S. Attorney Deborah W. Frey, Civil Division Chief Gregory B. David, and Auditor George Niedzwicki.

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

PHILADELPHIA – An indictment was unsealed today charging Complete Business Solutions Group, Inc., doing business as Par Funding, and four of its principals with various crimes, including securities fraud, extortionate collection of credit, tax crimes, perjury, obstruction of justice, witness retaliation, and witness tampering, announced United States Attorney Jacqueline C. Romero.  These principals are Joseph LaForte, 52: Lisa McElhone, 43; Joseph Cole Barleta (“Joe Cole”), 39; and James LaForte, 46.

According to the indictment, from at least 2016 through July 2020, co-conspirators Joseph LaForte, Joe Cole, James LaForte, and others participated in a conspiracy to commit wire fraud and securities fraud in connection with funds that were raised from investors in Par Funding and its affiliates.  Par Funding and these affiliates provided funding to businesses through short-term financing transactions, referred to as merchant cash advances (“MCAs”).  To fund these MCAs, the defendants raised over $500 million from investors.

It is alleged that as part of their fundraising efforts, these defendants and their conspirators caused false and misleading information to be conveyed to investors regarding various issues, including:

• Joseph LaForte’s true name, his role at Par Funding, and his criminal history;
• Par Funding’s underwriting process;
• the diversity of the company’s MCA portfolio;
• Par Funding’s default rate;
• Par Funding’s financial success and profitability;
• the company’s insurance; and
• the defendants’ self-dealing.

For instance, the indictment alleges that although Joseph LaForte operated Par Funding and referred to it as his business, he concealed this ownership and control by using his wife, Lisa McElhone, as his nominee.  Joseph LaForte also used several aliases, such as “Joe Mack,” while working at the company.  It is alleged that Joseph LaForte, Joe Cole, James LaForte, and their conspirators engaged in this deception to conceal Joseph LaForte’s true role as the person operating the company and his significant criminal history from investors.

The indictment also alleges that Joseph LaForte and James LaForte conspired with an individual named Renato “Gino” Gioe to participate in the extortionate collection of credit.  It is alleged that during the course of Par Funding’s operations, these individuals made hostile, threatening, and intimidating communications to Par Funding’s customers in person and over the telephone in order to collect on delinquent MCAs.  For example, the indictment alleges that Joseph LaForte threatened to “blow up” a delinquent customer’s home in May 2019 and asked another delinquent customer in August 2019 whether the customer had heard of “cement shoes.”  In addition, the indictment alleges that in May 2018, James LaForte told one customer that he was a “soldier for the family” who had torched people’s cars and kicked people’s teeth in.

Furthermore, the indictment alleges that Joseph LaForte and Lisa McElhone committed a variety of tax crimes.  For instance, it is alleged that the married couple defrauded the Commonwealth of Pennsylvania out of approximately $1.2 million of state taxes by falsely claiming to be residents of Florida, even though they worked, lived, and spent more than 300 days per year in Pennsylvania.  Furthermore, the indictment alleges that Joseph LaForte and Lisa McElhone worked together to evade the payment of half a million dollars of employment taxes that had been imposed on Joseph LaForte in connection with companies that he had operated in the mid-2000s.  In addition, it is alleged that Joseph LaForte committed tax crimes by failing to report millions of dollars in cash kickbacks that he personally received from a Par Funding customer, and by regularly paying cash wages to Par Funding employees but not withholding taxes from these wages or reporting them to the IRS.

            It is further alleged that Joseph LaForte and Joe Cole each committed perjury twice during depositions in federal lawsuits against Par Funding, making misrepresentations regarding various matters.  For instance, the indictment alleges that Joseph LaForte lied under oath about his knowledge of his wife’s role at Par Funding, Joe Cole’s role at the company, and the company’s default rate.  The indictment alleges that Joe Cole lied under oath about who was on Par Funding’s credit committee (which Joseph LaForte ran) and who ran Par Funding.

Finally, the indictment alleges that Joseph LaForte and James LaForte engaged in obstruction of justice, witness tampering, and retaliation.  Specifically, it is alleged that in late February 2023, on the streets of Center City Philadelphia, James LaForte, with the assistance of and in coordination with Joseph LaForte, physically assaulted counsel for the Receiver for Par Funding in a lawsuit brought by the U.S. Securities and Exchange Commission in the Southern District of Florida.  Moreover, in connection with the same lawsuit, the indictment alleges that Joseph LaForte threatened to cause serious bodily injury to another individual in November 2022.  Lastly, it is alleged that James LaForte made threats of violence to multiple parties in early 2023 in an effort to interfere with the SEC lawsuit, a federal grand jury investigation, and an anticipated federal prosecution, as well as to retaliate against these parties.

If convicted of all counts charged against them, the defendants face the following maximum possible sentences of imprisonment:  Joseph LaForte – 796 years; McElhone – 70 years; Cole– 415 years; and James LaForte – 615 years.  The defendants also face full restitution, a fine, and a period of supervised release and/or probation.

The case was investigated by the Federal Bureau of Investigation, Internal Revenue Service-Criminal Investigations, the Federal Deposit Insurance Corporation-Office of Inspector General, and Pennsylvania State Police and is being prosecuted by Assistant United States Attorneys Patrick J. Murray, Matthew Newcomer, and Alexandra Lastowski.  The SEC in Florida investigated and litigated the civil securities fraud charges which formed the basis of a portion of the criminal prosecution.             

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

PHILADELPHIA – United States Attorney Jacqueline C. Romero announced that Ardavan Alamoutinia, 33, of Hummelstown, PA, and Aryanah Davison, 23, of Harrisburg, PA, were charged by Indictment with one count of conspiracy to commit wire and mail fraud, ten counts of mail fraud, one count of theft of government money, and eight counts of aggravated identity theft, all stemming from their scheme to fraudulently obtain emergency funds meant for those affected by the COVID-19 pandemic.

The Indictment alleges that Alamoutinia and Davison used stolen identities to file over 500 fraudulent PUA applications. These over 500 fraudulent applications were filed using at least 375 identities of current or former employees of Company 1. A co-conspirator stole these identities from Company 1 and transferred them to Davison.  After receiving the identities, Alamoutinia and Davison filed or caused to be filed the fraudulent PUA applications in 27 different states resulting in a loss of at least $2,886,876.

 According to the Indictment, after the fraudulent applications were filed, the respective state workforce agencies responsible for administering the PUA benefits dispersed funds based upon the fraudulent PUA applications either by direct deposits or mailing checks and PUA debit cards. Defendants then cashed the checks, deposited the checks, received the direct deposits into bank accounts controlled by them, and collected and possessed the PUA debit card issued on the applications. Defendants also made direct expenditures using the PUA debit cards, withdrew the money from those cards at ATMs, and transferred the money to financial accounts controlled by them.

The Indictment also alleges that Alamoutinia and Davison converted at least $2,500,000 of the fraudulent proceeds in this case. Alamoutinia and Davison spent the fraudulent proceeds, in part, on hundreds of thousands of dollars in cryptocurrency purchases and on a luxury sports vehicle.  

The case was investigated by the Department of Labor – Office of Inspector General, Department of Homeland Security – Office of Inspector General, United States Postal Inspection Service, National Aeronautics and Space Administration – Office of Inspector General, and the Social Security Administration – Office of Inspector General, and is being prosecuted by Assistant United States Attorney Timothy Lanni.

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 Samirah Boksmati, 34, was sentenced to three months’ imprisonment, three years of supervised release, and a $700 assessment by United States District Judge R. Barclay Surrick for four counts of making false statements in a passport application and three counts of using a passport secured by false statements.

Boksmati made multiple false representations to the U.S. State Department to secure United States passports for herself and her children and then used those passports obtained by fraud to travel abroad with two of her minor children. Boksmati acted with the intent to take all three of her children out of the United States, despite a family court order prohibiting her from taking her eldest child out of the country.

“Border and identification security are critically important to national security,” said U.S. Attorney Romero. “Obtaining a United States passport by fraud will not be tolerated, especially when that fraud is perpetrated in order to take a child out of the country in violation of a family court order. This sentence demonstrates that there are consequences to abusing the passport application process.”

“One of the core missions of Diplomatic Security Service (DSS) is to protect the integrity of U.S. travel documents, which includes preventing the fraudulent acquisition and use of U.S. passports to facilitate parental child abductions,” Resident Agent in Charge R. Mike Escott of the U.S. Department of State's Diplomatic Security Service Philadelphia Resident Office. “DSS is grateful for today’s outcome and for the close partnership and support of the FBI and the U.S. Attorney’s Office.”

The case was investigated by the U.S. Department of State - Diplomatic Security Service and is being prosecuted by Assistant United States Attorney Josh A. Davison.

PHILADELPHIA – United States Attorney Jacqueline C. Romero announced that Douglas Daniel Files, D.O., has agreed to pay $100,000 to resolve allegations that he violated the Controlled Substances Act (CSA) by failing to maintain complete and accurate records of a controlled substance (testosterone), failing to keep required receipt and dispensing records, failing to perform biennial inventories, and writing prescriptions “for stock.”

The United States’ investigation involved Files’ practice located at 2346 Trenton Road, Levittown, Pennsylvania 19056.

As part of the settlement, Files has entered into a three-year Memorandum of Agreement (MOA) with the Drug Enforcement Administration (DEA), which includes additional responsibilities regarding the handling of controlled substances. The MOA imposes compliance obligations significantly more stringent than those in the applicable laws and regulations.

Files prescribes and administers testosterone, a Schedule IIIN controlled substance.  In April 2022, DEA investigators discovered that Files allegedly failed to conduct a biennial inventory, failed to maintain records for receipt and dispensing of the controlled substance, and was prescribing controlled substances “for stock” – all in violation of applicable regulations and statutes. 

The DEA diversion investigators obtained records of Files’ prescriptions “for stock” from a local retail pharmacy.  Physicians are prohibited from obtaining controlled substances for the purpose of general dispensing to patients; they must comply with the requirements for a valid prescription, including the date, patient’s name and address, drug name and strength, dosage form, quantity prescribed, directions for use, and the physician/registrant’s name, address, and registration number.  The prescription requirement is one of the ways in which controlled substances are tracked to prevent diversion and abuse.

“Physicians who fail to maintain proper records of controlled substances create conditions ripe for diversion, or, at worst, may be engaging in diversion itself,” said U.S. Attorney Romero. “Physicians and pharmacists have a responsibility to ensure that all controlled substances are tracked through the distribution chain.  Our Office is committed to ensuring total compliance with the Controlled Substances Act and we will vigorously enforce violations wherever we find them.”

“Dr. Files’ ordering of prescription medicines for stock is not permissible under the regulations of the Controlled Substances Act,” said Thomas Hodnett, Special Agent in Charge of the Drug Enforcement Administration’s Philadelphia Field Division.  “Settlements and Memorandum of Agreements such as these help to ensure that physicians properly safeguard, dispense, and account for the controlled substances in their care.”

Congress enacted the CSA to deter the illegal importation, manufacture, distribution, possession, and improper use of controlled substances, including prescription medications, and requires individuals and entities registered with the DEA to maintain complete and accurate records of all controlled substances and security systems so that controlled substances are not lost, stolen, or inappropriately dispensed.

The government’s pursuit of this matter illustrates its emphasis on combating diversion of controlled substances.  The record keeping and other regulations applicable to DEA registrants, including physicians, are the tools by which the DEA deters drug diversion. 

The investigation was conducted by the Drug Enforcement Administration’s Philadelphia Field Division, Diversion Regulatory Group 2 (D72), and the investigation and settlement were handled by Assistant U.S. Attorney Viveca D. Parker, with DEA Diversion Investigators.   

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

CONTRACT KILLER SENTENCED TO FIVE CONSECUTIVE LIFE SENTENCES IN PRISON FOR COMMITTING SIX MURDERS AND ONE ATTEMPTED MURDER

PHILADELPHIA – United States Attorney Jacqueline C. Romero announced that Ernest Pressley, 43, of Philadelphia, Pennsylvania, was sentenced to five consecutive life sentences by United States District Judge Eduardo C. Robreno on one count of conspiracy to commit murder-for-hire and four counts of use of interstate commerce facilities in the commission of murder-for-hire, in connection with Pressley's role in murdering four victims in Philadelphia between 2017 and 2018, all in exchange for money. Pressley's conduct also included his role in the killing of two other victims in 2016 and 2017 and the attempted murder of a woman in 2018. 

In late 2018, the Philadelphia Police Department joined with the Federal Bureau of Investigation to investigate Pressley in connection with the murder of S.S., who was shot to death in the parking lot of a Philadelphia apartment complex near 7400 Malvern Avenue in the early morning hours of September 1, 2018. Pressley was captured on video surveillance footage near the scene and in footage retrieved from a bar in Philadelphia the evening before when he was with S.S. and several other men. Pressley was arrested in connection with this crime on September 7, 2018.

Law enforcement's investigation revealed that Pressley was responsible for other murders in Philadelphia, including the killings of two tow truck drivers for A. Bob's Towing on January 12 and 13, 2017.  Pressley agreed to kill tow truck driver K.F. in exchange for money to prevent K.F. from testifying as a witness at an assault trial in Philadelphia. In an effort to distract law enforcement from the true motivation for K.F.'s murder and to make it appear as though it was connected to a feud between rival tow truck companies, Pressley selected at random one of K.F.'s co-workers, E.R., and shot him to death as he left work on January 12, 2017, near 4500 Melrose Street. The next day, Pressley approached K.F. as he left his home and entered his tow truck, which was being driven by a co-worker, at which time Pressley opened fire, fatally striking K.F. and injuring his co-worker, who was shot several times in his lower body.  

As the investigation developed further, Pressley was also identified as the person who shot M.R. to death in Philadelphia on January 11, 2017, near the intersection of East Sharpnack and Baldwin Streets, while M.R. worked on his vehicle at a garage in the area. 

In September 2022, during his guilty plea allocution before Judge Robreno, Pressley admitted that he murdered M.R., E.R., K.F., and S.S. in exchange for money and at the direction of a drug trafficker. Around the time of each crime, Pressley used his cellular phone to communicate with his co-conspirator to plan how and when each murder would be carried out. 

Pressley also admitted to shooting C.Y. to death on July 19, 2016, as C.Y. sat on the porch of a residence near 1500 West Olney Avenue in Philadelphia. Pressley also admitted to his role in providing the location of a man he knew was wanted dead by a Philadelphia drug trafficker, which later resulted in the death of Y.H., who was killed as the result of mistaken identity near the intersection of 56th Street and Ithan Street on July 24, 2018. Finally, Pressley admitted that he attempted to kill a woman when he shot her in the arm as she arrived at her Philadelphia home on North Woodstock Street on July 9, 2018. While the woman survived a gunshot wound, she later discovered that her home had been ransacked and several items, including money and jewelry, were stolen. Several hours later, Pressley was identified as having sold a Rolex watch belonging to the woman at a Philadelphia pawn shop. 

"Taking a cold-blooded killer like Ernest Pressley off the street for five consecutive life sentences is a prime example of why the U.S. Attorney's Office and the Department of Justice make tackling violent crime a priority,” said  U.S. Attorney Romero. "Our joint partnerships with the FBI and Philadelphia Police Department make it possible to bring these cases into federal court and secure the severe punishment such a career murderer deserves.”

“Ernest Pressley is a hardened and chronic offender, a true menace to society,” said Jacqueline Maguire, Special Agent in Charge of the FBI’s Philadelphia Division. “For all the lives he took and families he affected, this contract killer has duly earned each of his life sentences. The FBI and Philadelphia Police Department will continue to focus our partnership and resources on locking up the worst of the worst, like Pressley, who cause so much of the city’s bloodshed.”

"This defendant ultimately failed to escape accountability for his outrageous violent crimes due to the collaboration of law enforcement at all levels of government, which occurs each and every day," Philadelphia District Attorney Larry Krasner said. "I commend U.S. Attorney Romero and her team, the FBI, Philadelphia Police, along with our own ADA Joanne Pescatore, Supervisor of the Homicide/Non-Fatal Shootings Unit, for helping to secure a sentence of incarceration that ensures Ernest Pressley will no longer endanger our communities."

"We are grateful for the collaboration between the Philadelphia Police Department, the Federal Bureau of Investigation, and the U.S. Attorney’s Office, which led to the apprehension and conviction of Ernest Pressley,” said Philadelphia Police Commissioner Danielle Outlaw. “His heinous crimes demonstrate the utmost disregard for human life. This sentence sends a strong message that we will relentlessly pursue justice and protect our communities from those who commit acts of violence."        

The case was investigated by the Federal Bureau of Investigation, the Philadelphia Police Department, and the Philadelphia District Attorney’s Office, and is being prosecuted by Assistant United States Attorney Justin Ashenfelter.

PHILADELPHIA – United States Attorney Jacqueline C. Romero announced that Craig Alex Levin, 67, of King of Prussia was sentenced to 35 years in prison and a lifetime of supervised release by United States District Court Judge Harvey Bartle, III for for traveling to the Philippines to engage in sex with children as young as 12 years old.

According to court documents, between 2016 and 2019, Levin was a retired special education teacher who traveled to the Philippines nine times, each time for the purpose of engaging in sex with disadvantaged minors who, by Levin’s own words, were hungry or needed money for medicine for family members. In May 2019, the Philippines National Police arrested Levin as he was about to enter the elevator at his hotel with a 15-year-old girl. Upon search of his hotel room, police located several notebooks containing the names and ages of hundreds of girls, scored on a rating system of 1 to 10 in five categories: Face, Body, Sex, Personality, Age. Only girls under the age of 18 received a top score of 10. There were multiple children as young as 12 listed in the notebooks.

"At the time of Levin's arrest in the Philippines, he was escorting a 15-year-old girl to his hotel room. Levin's sentencing effectively takes a dangerous predator who targeted vulnerable children in a foreign country off the streets indefinitely," said U.S. Attorney Romero. "No matter their role in society or where they prey on children, child sex offenders must be held accountable."

“This predator with a passport traveled halfway around the world, multiple times a year, solely to sexually abuse children,” said Jacqueline Maguire, Special Agent in Charge of the FBI’s Philadelphia Division. “He took eager advantage of situations of extreme poverty to gain access to the young girls he victimized, apparently thinking he’d just continue to fly under the radar. This lengthy sentence proves him wrong, and should send a message to anyone else sexually exploiting children: whether you commit your crimes here at home or travel to do so abroad, the FBI will investigate, hold you accountable, and ensure your destination is federal prison.”

This case is brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice.  Led by U.S. Attorneys’ Offices and Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend and prosecute individuals who exploit children via the internet, as well as to identify and rescue victims.  For more information about Project Safe Childhood, please visit http://www.justice.gov/psc.

The case was investigated by the FBI and Philippine National Police and Women and Children Protection Center - Visayas Field Unit. It is being prosecuted by Assistant United States Attorney Michelle Rotella and Trial Attorney Austin M. Berry of the Criminal Division’s Child Exploitation and Obscenity Section.

PHILADELPHIA – United States Attorney Jacqueline C. Romero announced that Terrence Livorsi, 68, of Glenside, Pennsylvania, pleaded guilty to charges of conspiracy to commit health care fraud arising from his operation of his company’s 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 fraudulently bill patients’ medical insurance for treatment that was not medically necessary.

Livorsi offered his company’s EAP services free of charge and marketed its 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 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's guilty plea should send a clear message to those seeking to build their financial empire off the despair of individuals battling addiction by committing health care fraud," said U.S. Attorney Jacqueline C. Romero. “The defendant's actions were illegal and unconscionable. Moreover, healthcare fraud impacts all of us by raising costs and compromising quality.”

“Over the course of years, Terrence Livorsi defrauded insurers of big money by using patients as pawns,” said Jacqueline Maguire, Special Agent in Charge of the FBI’s Philadelphia Division. “He had no compunction about referring all of these people to his own faraway treatment facility, some of whom didn’t even have substance abuse issues. Health care fraud is a costly, consequential federal crime and the FBI will continue to make these investigations a priority as we work to deter such criminal behavior.”

Livorsi was charged by Information filed April 11, 2023, and entered a plea of guilty on May 8, 2023. A sentencing hearing is scheduled for September 6, 2023 at 10:00 a.m.

The cases were investigated by the Philadelphia FBI Healthcare 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.

PHILADELPHIA – United States Attorney Jacqueline C. Romero announced that brothers Zumar Dubose, age 34, of Atlantic City, NJ; Abdush Dubose, age 36, of Boynton Beach, FL; and Kariem Dubose, age 42, of Philadelphia, PA, were convicted today at trial of mail fraud, wire fraud, bank fraud, and money laundering conspiracy charges arising from their scheme to defraud and obtain money from the United States Postal Service, UPS and Citizens Bank.

Starting as early as October 2018, in less than one year, the defendants submitted over 1,200 fraudulent insured-parcel claims with the United States Postal Service and UPS, and received almost $300,000 in ill-gotten gains. As part of the scheme, the Dubose brothers sent parcels themselves containing items of no value using insured United States Postal Service postage and UPS tracking labels. They then filed fraudulent claims with United States Postal Service and UPS, claiming that these parcels which had contained nothing of value were lost or damaged in transit, and attached sham proofs of value. The defendants used numerous e-mails, addresses and postboxes, bank accounts and bank cards, fake individual names, and fictitious corporations, including “Urmajesty Banktruckfit Solutions,” “Miworld Three Incorporated,” and “4 Entertainment Corporation,” which were incorporated in the State of New Jersey, and “Seeds of Beauty Incorporated,” which was incorporated in the State of Florida. The claim checks that the brothers received as part of this fraud scheme were deposited into Citizens Bank accounts opened in the names of these fake companies through ATMs in Philadelphia, Pennsylvania, and elsewhere.

When USPS and UPS refused to issue or deliver some of the fraudulently-obtained claim checks, and when Citizens Bank placed a hold on a bank account that was used to deposit the fraud proceeds, the Dubose brothers were undeterred. The brothers repeatedly contacted the United States Postal Service and UPS using fake names; defendant Zumar Dubose even filed lawsuits against UPS in various counties in New Jersey, using fake plaintiff names and falsely claiming that UPS did not pay him funds that he was owed. The defendants also filed lawsuits against Citizens Bank, again pretending to be a different individual, in an effort to obtain the funds from their fraud scheme.

"Lying about insured parcels and then turning around and filing lawsuits against the victim companies, when those companies suspected something was awry is brazen, to say the least," said U.S. Attorney Romero. "Today's guilty verdicts against the Dubose brothers show the commitment of our office and law enforcement partners to investigate and prosecute this type of flagrant fraud."

One of the investigative missions of the U.S. Postal Service Office of Inspector General (OIG) is to help safeguard the Postal Service and U.S. Mail from being utilized for illegal activity. OIG Special Agents vigorously investigate these cases in partnership with our law enforcement partners,” said Special Agent-in-Charge Jeffery Krafels. “These guilty verdicts should serve as a reminder and deterrent to anyone thinking this type of behavior is acceptable.”

The case was investigated by the United States Postal Service Office of the Inspector General and the United States Postal Inspection Service, and is being prosecuted by Assistant United States Attorneys Louis D. Lappen and J. Jeanette Kang. UPS and Citizens Bank provided crucial cooperation in this investigation.

A Pennsylvania man was sentenced today to 35 years in prison for traveling to the Philippines to engage in sex with children as young as 12 years old.

According to court documents, between 2016 and 2019, Craig Alex Levin, 67, of King of Prussia, was a retired special education teacher who traveled to the Philippines nine times, each time for the purpose of engaging in sex with disadvantaged minors who, by Levin’s own words, were hungry or needed money for medicine for family members. In May 2019, the Philippine National Police arrested Levin as he was about to enter the elevator at his hotel with a 15-year-old girl. Upon search of his hotel room, police located several notebooks containing the names and ages of hundreds of girls, whom he rated based on several categories, including age. Only girls under the age of 18 received a top score of 10. There were multiple children as young as 12 listed in the notebooks.

In June 2022, Levin pleaded guilty to six counts charging him with foreign travel to engage in sex with a minor, attempted sex trafficking of a minor, and distribution and transportation of child pornography. 

Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division, U.S. Attorney Jacqueline C. Romero for the Eastern District of Pennsylvania, and Assistant Director Luis Quesada of the FBI’s Criminal Investigative Division made the announcement.

The FBI and Philippine National Police investigated the case.

Trial Attorney Austin M. Berry of the Criminal Division’s Child Exploitation and Obscenity Section (CEOS) and Assistant U.S. Attorney Michelle Rotella for the Eastern District of Pennsylvania prosecuted the case. The Justice Department’s Office of International Affairs assisted with securing evidence from the Philippines, including through mutual legal assistance requests.

This case is brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.

United States Attorney for the Eastern District of Pennsylvania, Jacqueline C. Romero, announced today that the United States has filed a complaint in U.S. District Court under the False Claims Act against Dr. James McGuckin of Radnor, PA, an interventional radiologist, and his affiliated practices and management entities. In its complaint, the United States alleges that McGuckin and his entities billed Medicare and the Federal Employees Health Benefits Program for medically unnecessary invasive peripheral artery procedures in patients’ legs between at least January 1, 2016 and December 31, 2019, and for which McGuckin and his entities were reimbursed at least $6.5 million for over 500 claims. The practice-entity defendants are: (1) Peripheral Vascular Institute of Philadelphia, LLC; (2) Main Line Vascular Institute LLC, of King of Prussia, PA; (3) Lehigh Valley Vascular Institute, LLC, of Bethlehem, PA; and (4) PA Vascular Institute, LLC, of East Stroudsburg, PA. The management-company defendants are Philadelphia Vascular Institute, LLC, and Pennsylvania Vascular Institute, P.C.

“Performing medically unnecessary procedures puts patients at risk and contributes to the soaring costs of health care, especially the invasive vascular procedures alleged in this case,” said U.S. Attorney Romero. “As this litigation demonstrates, we are committed to safeguarding federal health care program beneficiaries and protecting public funds.”

“Medicare rules are designed to protect beneficiaries and taxpayer dollars,” said Maureen R. Dixon, Special Agent in Charge of the Philadelphia Regional Office of the Inspector General, Department of Health and Human Services. “HHS-OIG and the U.S. Attorney's Office will continue to work together to fight health care fraud and investigate allegations of co-pay and kickback violations.”  SAC Dixon added: “Anyone with information about health care fraud in this or other cases should contact the HHS-OIG hotline at 1-800-HHS-TIPS (1-800-447-8477) or online at https://oig.hhs.gov/fraud/report-fraud.”

The allegations regarding unnecessary vascular procedures are described in detail in the complaint and include unnecessary angioplasty, atherectomy, and the placement of stents, as well as the indiscriminate use of intravenous ultrasound. Each procedure requires puncturing the skin and inserting devices into and through the arteries in patients’ legs. As the relevant standards of care indicate, unnecessary invasive vascular procedures may cause harm to patients’ health, including increasing their likelihood of needing future procedures, and putting them at greater risk of leg amputations.

As alleged, Dr. McGuckin and Defendants knew from prior administrative sanctioning that unnecessary procedures are contrary to standards of care and federal law. First, in 2015, pursuant to a Consent Decree, McGuckin was sanctioned by the Washington [State] Medical Quality Insurance Commission—and subsequently several other states’ medical boards and Medicaid programs, including Pennsylvania—for improperly performing unnecessary, experimental vascular procedures, including angioplasty and stenting, on hundreds of patients for the purported treatment of Multiple Sclerosis—a non-vascular disease.

Second, in 2018, McGuckin signed a False Claims Act settlement as manager/owner of Vascular Access Centers, L.P. (“VAC”) and related entities, which resolved multi-million dollar qui tam lawsuits in the Southern District of New York and Eastern District of Louisiana. In the settlement, McGuckin, on behalf of his entities, admitted that his entities regularly scheduled, performed, and billed for vascular procedures “even though the patients presented without any documented evidence that they exhibited a need for therapies.” More information on those prior settlements is available here: https://www.justice.gov/usao-sdny/pr/manhattan-us-attorney-announces-settlement-fraudulent-billing-claims-against-vascular; https://www.justice.gov/usao-edla/pr/vascular-access-centers-pay-least-3825-million-resolve-false-claims-act-allegations.  

Additionally, in 2019, McGuckin caused VAC to file for bankruptcy in this District—a filing that  Bankruptcy Judge Ashely M. Chan found was orchestrated in bad faith. Judge Chan found that McGuckin’s misconduct in connection with the VAC bankruptcy, including making false statements to the Court on behalf of Philadelphia Vascular Institute, LLC, subjected him to sanctions by the Court. See, e.g., In re Vascular Access Centers, L.P., 611 B.R. 742 (Bankr. E.D. Pa 2000), appeal pending.  

The current False Claims Act case is captioned United States of America ex rel. Aaron Shiloh, M.D., FSIR v. Philadelphia Vascular Institute and James McGuckin, M.D., Case No. 18-5458 (E.D. Pa.). This lawsuit was originally filed under the qui tam, or whistleblower, provisions of the False Claims Act, which permit private parties (called relators) to sue on behalf of the government when they discover evidence that defendants have submitted false claims for government funds and to receive a share of any recovery. If the United States proves that a defendant has knowingly submitted false claims, it is entitled to recover three times the damage that resulted plus a penalty of $13,508 to $27,018 per claim. The False Claims Act also permits the government to intervene in such lawsuits, as it did when it filed a notice of intervention in this case on February 28, 2023.

The relator, Dr. Aaron Shiloh, is an interventional radiologist who worked for and with Defendants. “We sincerely thank the relator in this case. Without people like Dr. Shiloh being willing to shed light on allegations of fraud, preserving government program funds would be far more challenging,” said U.S. Attorney Romero.

The case has been investigated by the U.S. Department of Health and Human Services Office of the Inspector General. The case is being handled by Assistant U.S. Attorneys Lauren DeBruicker and Matthew E. K. Howatt, as well as Auditor Dawn Wiggins and Investigator Frank O’Connor.

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

PHILADELPHIA – United States Jacqueline C. Romero announced that Bien King, 70, of Congers, NY and Khalil King, 36, of New York, NY were charged by indictment with conspiracy, distribution of unregistered and misbranded pesticides, and interstate shipment of misbranded animal drugs.

The indictment alleges that Bien King and her son, Khalil King, jointly operated a business called “Little City Dogs,” based in New York City. The defendants purchased unapproved animal drugs and pesticides, including ivermectin, nitenpyram, praziquantel, and fipronil, from various Chinese suppliers. The defendants’ Chinese suppliers routinely mislabeled the shipments to avoid inspection by United States Customs and Border Protection inspectors. According to the indictment, once the defendants received the shipments from China, they used various locations, including a Manhattan office, to mix and repackage these drugs and pesticides for resale to customers throughout the United States. According to the indictment, the defendants’ company received over $4,000,000 from the sale of these misbranded, unregistered, and unapproved pesticides and animal drugs.

If convicted, the defendants face a maximum possible sentence of 19 years in prison, up to 3 years of supervised release, a $1,450,000 fine, and a $550 special assessment.

The case was investigated by the Food and Drug Administration’s Office of Criminal Investigations, the Environmental Protection Agency’s Office of Criminal Investigations, and is being prosecuted by Assistant United States Attorney Christopher E. Parisi.

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 David L. Shull, 68, of Largo, FL (formerly of West Chester, PA) was charged by Indictment with six counts of failure to pay over employment taxes for a Chester County adult day care facility from 2013 through 2017, and failing to account for employment taxes owed in the same years.

The Indictment alleges that, as the Controller/Chief Financial Officer of the care facility, Shull was legally obligated to withhold payroll taxes from wages paid to the company’s employees and was responsible to pay over these taxes to the IRS.  The Indictment also alleges that Shull was required to pay over the care facility’s contributions for Social Security and Medicare in amounts matching the amounts withheld from its employees’ pay for those purposes.  Shull was also required to file, following the end of each calendar quarter, an Employer’s Quarterly Federal Income Tax Return (Form 941), setting forth the total amount of wages and other compensation subject to withholding, the total amount of income tax withheld, and the total amount of Social Security and Medicare taxes due to the IRS. The Indictment alleges that from 2005 through 2017, Shull caused the care facility to pay wages to its employees. The Indictment further alleges that during this same period, Shull also caused the care facility to withhold trust fund taxes from those wages and to issue Wage and Tax Statements (Form W-2) to the employees indicating that trust fund taxes had been withheld from those wages and implying that those trust fund taxes had been paid over to the IRS. The Indictment alleges that beginning in or about 2013 through in or about 2017, this was a false representation, as the withheld tax amounts were not paid over to the IRS, neither were the care facility’s employer contributions paid over during this time period. According to the Indictment, Shull caused some amounts to be paid to the IRS in 2013 and 2014, but this was insufficient to cover tax debts and penalties.

The Indictment further alleges that from 2013 through 2017, Shull caused the care facility to file only one Form 941, for the second quarter of 2013, despite the fact that during this period, the care facility had approximately 53-67 employees.

 If convicted, the defendant faces a maximum possible sentence of 30 years in prison and a $1,500,000 fine. The defendant may also be responsible for the taxes due, in addition to the payment of penalties to the Internal Revenue Service.

The case was investigated by the Internal Revenue Service, and is being prosecuted by Assistant United States Attorney Angella Middleton.

PHILADELPHIA – AdaptHealth LLC, formerly known as QMES, LLC, a provider of durable medical equipment based in Plymouth Meeting, Pennsylvania, will pay $5.3 million to resolve alleged False Claims Act violations for submitting allegedly false claims to federal healthcare programs for respiratory devices that patients did not need or use, in violation of federal healthcare program requirements. The settlement was announced today by United States Attorney Jacqueline C. Romero.       

The settlement resolves allegations that between 2013 and 2017, AdaptHealth (known during the period as QMES and Tri-County Medical Equipment and Supply LLC), itself and through certain of its related entities, knowingly and willfully billed federal payors for non-invasive ventilators (“NIVs”) when a patient was instead prescribed and used a BiPAP machine—for which federal payors reimburse suppliers thousands of dollars less per year. The settlement also resolves allegations that AdaptHealth continued billing federal payors for ventilators after patients no longer needed or were using them, and double-billed federal payors for some ventilator rentals in violation of program requirements.

“The integrity of our health care system depends on the government being able to rely on durable medical equipment providers to seek reimbursement for only those devices a doctor has prescribed for their patient and that the patient actually needs and uses,” said U.S. Attorney Romero. “Providers like AdaptHealth have an obligation to ensure that the equipment and devices they rent to patients are medically necessary and properly billed. When companies disregard that obligation to maximize their profits, this Office will hold them accountable.”

“When submitting false claims to federal healthcare programs, providers exploit the trust that they will bill in accordance with the law and instead use the reimbursement process to steal taxpayer dollars,” stated Maureen Dixon, Special Agent in Charge with the U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG). “HHS-OIG, along with our law enforcement partners, will work to investigate and cease wrongful activity to protect federal healthcare resources.”

“The integrity of the Federal health care programs depends on the honest and accurate submission of claims,” said Conrad J. Quarles, Deputy Assistant Inspector General for Investigations, Office of Personnel Management Office of the Inspector General. “We applaud the efforts of our law enforcement partners and colleagues at the Department of Justice on today’s settlement.” 

The settlement resolves a lawsuit originally brought by Michael J. Kelly, a former QMES employee, under the whistleblower, or qui tam, provisions of the False Claims Act. The Act permits private citizens with knowledge of fraud against the government to bring a lawsuit on behalf of the United States and to share in any recovery. Kelly will receive approximately $950,000 of the settlement.

The government’s pursuit of these matters illustrates the government’s emphasis on combating healthcare fraud. One of the most powerful tools in this effort is the False Claims Act.  Tips and complaints from all sources about potential fraud, waste, abuse, and mismanagement can be reported to the Department of Health and Human Services at 800-HHS-TIPS (800-447-8477).

The case is being handled by Assistant United States Attorneys Lauren DeBruicker and Veronica J. Finkelstein and Auditor Dawn Wiggins. This settlement was the result of a coordinated effort by the U.S. Attorney’s Office for the Eastern District of Pennsylvania; the Department of Health and Human Services, Office of Counsel to the Inspector General and Office of Investigations; and the Office of Personnel Management, Office of the Inspector General.

The lawsuit is captioned United States ex rel. Kelly v. QMES LLC, d/b/a Tricounty Medical Equipment and Supply, LLC, No. 17-cv-0199 (E.D. Pa.). The claims resolved by the settlement are allegations only; there has been no determination of liability. 

PHILADELPHIA – United States Attorney Jacqueline C. Romero announced that Al-Ashraf Khalil, 29, and Isaam Jaghama, 29, both of Philadelphia, PA, were charged by indictment with one count of conspiracy to commit malicious damage by means of fire of a building used in interstate commerce, and one count of malicious damage by means of fire of a building used in interstate commerce.  Khalil was also charged with one count of wire fraud, and one count of using fire in furtherance of the commission of that wire fraud. 

Khalil and Jaghama are charged with the arson at 300 West Indiana Avenue in Philadelphia on June 18, 2022, which resulted in the death of Philadelphia Firefighter Lieutenant Sean Williamson, and injuries to five other first responders, who were inside the building when it collapsed following fire suppression activities.  Defendant Khalil was the owner of the property at 300 West Indiana Avenue, which contained both apartments and a business.  According to the allegations in the indictment, Khalil and Jaghama set a fire inside 300 West Indiana Avenue so that Khalil could profit by filing an insurance claim related to the fire.  According to the indictment, after the fire occurred, Khalil signed paperwork authorizing an insurance adjuster to file an insurance claim on his behalf.  As alleged in the indictment, this claim was then filed on June 20, 2022.        

If convicted, defendant Khalil faces a mandatory-minimum sentence of 17 years in prison, and up to a maximum of life in prison.  If convicted, defendant Jaghama faces a mandatory minimum sentence of 7 years in prison and up to a maximum of life in prison.   

The case was investigated by ATF Philadelphia and the ATF’s National Response Team, the Philadelphia Fire Department Fire Marshal’s Office, and the Philadelphia Police Department, with significant assistance provided by the Philadelphia Department of Licenses & Inspections. The case is being prosecuted by Assistant United States Attorney Amanda R. Reinitz.

An Indictment, Information, or Criminal Complaint is an accusation. A defendant is presumed innocent unless and until proven guilty.

Philadelphia, PA - On Monday, April 17, 2023, in partnership with the National Constitution Center, United States Attorney Jacqueline C. Romero hosted a Reentry Simulation to raise awareness about the challenges that formerly incarcerated individuals face when they reenter society. The event marked the launch of the United State Attorney's Office’s "Reentry Simulation Kits," distributed to community organizations and other stakeholders to encourage greater understanding and support efforts to promote successful reintegration.

Reentry Simulations are designed to help people understand the significant challenges faced by citizens returning home from prison. Versions of this exercise have been facilitated by U.S. Attorney's Offices and community and criminal justice organizations nationwide. 

The U.S. Attorney’s Office for the Eastern District of Pennsylvania redesigned the kits to facilitate conducting Simulations with easy-to-use, high-quality and reusable materials designed to replicate the challenges encountered such as obtaining identification, finding employment, and accessing essential services.

What is a Reentry Simulation?

The Simulation is a two-hour activity that prompts participants to walk in the shoes of someone who has just returned home from prison by providing them with tasks to complete within a certain amount of time. 

The exercise is divided into four 15-minute segments, representing four weeks (the first month) of someone returning home. The participants receive a "wallet" with an "Identity Sheet," which lists information about their criminal offense and life circumstances. They also receive a "Life Card," which details the tasks they must complete, including complying with the terms of probation, finding a job, attending treatment, managing family responsibilities, paying bills, and purchasing food and transportation.  The participants must move among several corresponding “stations” to complete the tasks at each station within the allotted time. 

The Simulation is followed by a debrief and discussion about the criminal justice system and the complexities of Reentry. This exercise can create awareness about the barriers to Reentry, change perceptions about returning citizens and the criminal justice system, deepen empathy, and inspire people to think more about the workings of our criminal justice system. 

“Promoting successful reintegration of formerly incarcerated individuals is why we are here today to commemorate National Second Chance Month with the launch of the Reentry Simulation Initiative," said U.S. Attorney Romero. "In my previous role as an Assistant United States Attorney, I participated in the office's Reentry Court for years and I saw the struggles. I hope that our Reentry Simulation Kits and numerous simulations hosted after today will open up many more eyes and inspire understanding."

The United States Attorney's Office is committed to raising awareness about the importance of Reentry and to supporting initiatives that promote successful reintegration into society. Over the next several months, the Office will facilitate Simulations across the District with law enforcement, community members, non-profits, and people from all walks of life. By working together, we can ensure that our returning citizens have the tools and resources they need to succeed in their journey home.

PHILADELPHIA – United States Attorney Jacqueline C. Romero announced that Dayon Hackett, 20, of Philadelphia, PA, pleaded guilty today to one count of carjacking and one count of attempted carjacking. Hackett and his co-defendants, Jaheym Newsome, 20, of Philadelphia, and Taquan Mershon, 19, of Philadelphia, were charged by Superseding Indictment with these offenses in connection with an armed carjacking they committed on December 22, 2021, in the Bridesburg section of Philadelphia, and an attempted armed carjacking in South Philadelphia later that same day.  Newsome and Mershon pleaded guilty to these same charges on March 20, 2023. 

As detailed in the Criminal Complaints previously filed in this case, in the first incident, Hackett, Newsome, and Mershon carjacked a man at gunpoint as he prepared to head to work in early morning hours of December 22, 2021.  The three men then took the car they stole in Bridesburg and drove it South Philadelphia, where they attempted to carjack a man who was coming home from work and looking for a parking spot. Hackett and Newsome opened the door to that vehicle and attempted to pull the victim out of the car. Upon observing a firearm on the victim’s lap, Hackett and Newsome opened fire on the victim, striking him multiple times. The victim returned fire and Hackett was struck multiple times. Hackett and Newsome then returned to the waiting vehicle that Mershon was driving, and Mershon and Newsome dropped Hackett on the floor of a nearby emergency room, fleeing in the vehicle they had carjacked earlier that morning. All three individuals were subsequently identified, charged by federal Criminal Complaint, and taken into custody.  A grand jury returned the Superseding Indictment on September 13, 2022. 

“Today’s guilty plea is another fine example of the successful partnership that is the Philadelphia Carjacking Task Force,” said U.S. Attorney Romero. “If you commit a violent offense like a gunpoint carjacking, you can expect the federal authorities to come knocking at your door.”

“ATF is on the frontline in the fight against violent crime, particularly armed carjackings,” said Eric DeGree, Special Agent in charge of ATF’s Philadelphia Field Division. “While we hope this case deters those willing to use gun violence against American citizens, ATF investigators stand ready to work with our local, state and federal partners whenever gun crime occurs in our community.”

The swift and relentless action to investigate and federally charge these defendants is the result of the Philadelphia Carjacking Task Force, which is comprised of members of the U.S. Attorney’s Office’s Violent Crime Unit; the Federal Bureau of Investigation; the Bureau of Alcohol, Tobacco, Firearms and Explosives; and the Philadelphia Police Department. The goal of the Taskforce is to stem the wave of armed carjackings and violent crimes through investigative and enforcement techniques meant to identify and refer for federal prosecution all who terrorize innocent victims through commission of these offenses within Philadelphia and surrounding areas.

After pleading guilty, Newsome is set to be sentenced on July 12, 2023, Mershon is set to be sentenced on July 24, 2023, and Hackett is set to be sentenced on August 14, 2023, before the Honorable Nitza I. Quinones-Alejandro.

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.

PHILADELPHIA – United States Attorney Jacqueline C. Romero announced that Christian Dunbar, 42, of Philadelphia, PA, the former Philadelphia City Treasurer, was sentenced to six months in prison, 3 years of supervised release, a $10,000 fine, and $33,202.00 in restitution to the IRS by United States District Court Judge Cynthia M. Rufe. His U.S. citizenship will also be revoked. As part of his application to become a U.S. citizen, Dunbar made multiple false statements, submitted altered citizenship papers, and failed to file federal tax returns in three separate tax years. 

In May 2021, the defendant was charged by Superseding Indictment with multiple counts of filing a false income tax return and failure to file tax returns. Earlier, in September 2020, Dunbar was charged in a 14-count Indictment, charging embezzlement by a bank employee, procurement of naturalization through a false statement, procurement of naturalization unlawfully, obtaining false citizenship papers, and making false statements in support of naturalization.

The defendant previously admitted to procuring U.S. citizenship fraudulently by providing false information about where and with whom he was living, where his child was residing, and submitting a false lease and a false W-2 tax form to U.S. Citizenship and Immigration Services. Further, Dunbar admitted to not filing his personal income tax returns for tax years 2015, 2016, and 2019 (during the last of which he was serving as the Philadelphia City Treasurer).     

“Christian Dunbar’s actions in seeking United States citizenship and serving as the City of Philadelphia’s Treasurer betrayed the ideals inherent in the precious privilege of U.S. citizenship, and the duty he owed to Philadelphians to oversee the City’s finances,” said U.S. Attorney Romero. “Our Office will continue to work with our law enforcement partners to hold public officials accountable.”

“As city treasurer, Christian Dunbar held a key position of public trust,” said Jacqueline Maguire, Special Agent in Charge of the FBI’s Philadelphia Division. “Little did the people of Philadelphia realize that his U.S. citizenship was fraudulently obtained and he'd been dodging doing his taxes. Philly deserves better and the FBI will continue to work on behalf of the public to hold corrupt officials like Dunbar accountable.”

“Mr. Dunbar’s conscious decision to violate federal tax laws has cost him his freedom,” said IRS Criminal Investigation Special Agent in Charge Yury Kruty. “With the end of the tax filing season fast approaching, this should serve as another reminder of the importance for filing an accurate tax return. Failure to do so could lead to similar consequences.”

“Today’s sentencing of Mr. Dunbar illustrates HSI’s commitment to ensuring that our immigration system is void of fraud and deception, particularly from those entrusted with public office,” said Special Agent in Charge of HSI Philadelphia William S. Walker.  “HSI will continue to tirelessly work with our partners in the U.S. Attorney’s Office, FBI, and IRS-CI to prosecute and to revoke any fraudulently obtained citizenship from those committing federal crimes and violating the trust of the people of Philadelphia.”    

The case was investigated by the Federal Bureau of Investigation, the Internal Revenue Service – Criminal Investigations, and Homeland Security Investigations, and is being prosecuted by Assistant United States Attorney Josh A. Davison.

PHILADELPHIA – United States Attorney Jacqueline C. Romero announced that Zachary William Easterly, 38, of Etters, Pennsylvania, was charged by Information with misdemeanor assault of a federal officer. Specifically, the Information alleges that on August 30, 2022, Easterly assaulted a Special Agent of the Federal Air Marshal Service who was engaged in the performance of his official duties.

If convicted, the defendant faces a maximum possible sentence of one year in prison, one year of supervised release, and a $100,000 fine.

The case was investigated by the Federal Air Marshal Service, an agency of the Department of Homeland Security, Transportation Security Adminstration.

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 a Superseding Indictment was unsealed today in relation to the murder of Philadelphia Police Corporal James “Jimmy” O’Connor, posthumously promoted to Sergeant. The 31-count Superseding Indictment includes a RICO conspiracy, three additional counts of murder, nine non-fatal shootings, and related charges for Hassan Elliott, a/k/a “Haz,” age 25; Khalif Sears, a/k/a “Leaf,” a/k/a “Lil Leaf,” age 21; and two previously unnamed defendants, Kelvin Jiminez a/k/a “Nip,” age 32; and Dominique Parker, a/k/a “Dom,” age 31, all of Philadelphia.

The original Indictment charged the murder of Sergeant O’Connor, as well as related drug trafficking and firearms offenses.

The Superseding Indictment charges all four defendants with:

• conspiracy to participate in a racketeering (RICO) enterprise (1 count); and
• conspiracy to distribute a controlled substance (1 count).

Additional charges include:

• murder in aid of racketeering (4 counts);
• assault in aid of racketeering (9 counts);
• attempted assault in aid of racketeering (2 counts);
• possession of a firearm in furtherance of drug trafficking (1 count);
• using, carrying, brandishing, and discharging a firearm during a crime of violence (5 counts);
• murder in the course of using, carrying, and discharging a firearm (4 counts);
• possession with intent to distribute and distribution of a controlled substance (1 count);
• maintaining a drug involved premises (1 count); and
• possession of a firearm by a felon (2 counts).

The Superseding Indictment alleges that the defendants were members of a violent drug trafficking organization known as “1700 Scattergood,” which operated in the Frankford section of Northeast Philadelphia. The defendants allegedly sold large quantities of narcotics over a multi-year period, using violence and threats of violence to protect their reputation and drug territory. The Superseding Indictment alleges that in furtherance of that conspiracy, Elliott and others killed Kaseem Rogers on December 3, 2018; Tyrone Tyree on March 1, 2019; and Dontae Walker on August 22, 2019.

On March 13, 2020, Elliott, Sears, and others previously indicted were inside a stash house on the 1600 block of Bridge Street when Sergeant O’Connor and other members of the Philadelphia Police Department’s SWAT team arrived with a homicide warrant for Elliott related to the March 2019 murder of Tyrone Tyree. As Sergeant O’Connor and his fellow officers ascended the staircase to the second floor of the residence and announced their presence multiple times, Elliott allegedly fired a semi-automatic assault rifle 16 times, striking and killing Sergeant O’Connor.

If convicted, the defendants face a maximum possible penalty of lifetime imprisonment. In addition, contained within the Superseding Indictment is a Notice of Special Findings for defendant Elliott for each of the four charges of murder while using or carrying a firearm. These Notices make Elliott eligible for the death penalty.

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 Christopher Diviny, Ashley Martin, and Lauren Stram.

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 GlycoMark, Inc., a joint-venture subsidiary owned by Toyota Tsusho Corporation, Toyota Tsusho America, Inc., and Nippon Kayaku Co., Ltd., has agreed to pay $195,000 to resolve allegations that it violated the False Claims Act by encouraging its customers to submit claims for the GlycoMark test after the test was no longer approved for reimbursement to Medicare and Medicaid.

Between approximately 2016 and 2018, GlycoMark distributed the GlycoMark test, which was used to detect hyperglycemia and hyperglycemic excursions. According to GlycoMark, the GlycoMark test is used for a “more complete assessment of glycemic control to identify patients that may benefit from closer diabetes management.” 

Prior to September 1, 2016, the GlycoMark test was eligible for reimbursement under Medicare’s Current Procedural Terminology (CPT) code 84378, providing coverage for a variety of tests related to blood sugars. In September 2016, a Medicare Administrative Contractor (MAC) issued Local Coverage Determination (LCD) L36761, specifically prohibiting Medicare reimbursement for the GlycoMark test, stating that the GlycoMark test was not reasonable or necessary for the management of diabetes, and is not covered. The non-coverage policy went into effect on October 17, 2016. 

Despite knowing of the prohibition of Medicare reimbursement and being aware of the billing oversight for the GlycoMark test, the United States alleges that GlycoMark, from November 1, 2016 to May 30, 2019, knowingly caused to be submitted claims for GlycoMark tests that it knew were not covered by the Federal health care programs. The United States further contends that GlycoMark encouraged its customers to submit GlycoMark tests for Medicare reimbursement in two ways: (1) by encouraging labs to continue billing for the GlycoMark test using CPT code 84378; and (2) by printing and distributing marketing materials that stated “reimbursed by Medicare” and by displaying CPT code 84378 with no disclaimer that Medicare reimbursement is prohibited. 

“We are committed to ensuring that testing manufacturing companies appropriately bill Medicare,” said U.S. Attorney Romero. “GlycoMark allegedly encouraged labs to charge the government for quantities of tests after it was aware that federal programs would not reimburse for this testing. Those who engage in these deceptive practices in the name of profits will be held accountable.”

“Testing manufacturing companies have a responsibility to follow Medicare regulations,” stated Maureen R. Dixon, Special Agent in Charge with the U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG). “HHS-OIG is committed to working with the United States Attorney’s Office to investigate allegations of inappropriate insurance claims and to safeguard the integrity of our federal health care programs.”

The civil settlement includes the resolution of claims brought under the qui tam or whistleblower provisions of the False Claims Act. 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 case is captioned U.S. ex rel. Jeffery Johnston v. GlycoMark, Inc., et al., No. 2:18 -cv-5033 (E.D. Pa.) and was filed by Thomas W. Sheridan of Sheridan & Murray LLC in Philadelphia, PA.

The investigation was conducted by the U.S. Department of Health and Human Services Office of Inspector General. The investigation and resolution obtained in this action were handled by United States Attorney Jacqueline C. Romero and Auditor George Niedzwicki. 

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 Sumo Dukulah, 49, of Philadelphia, Pennsylvania was convicted today at trial of procurement of citizenship by a false statement and unlawfully arising from his failure to honestly answer questions during the naturalization process about his prior criminal activity, including his rape of a child under the age of thirteen.

The defendant was indicted by a grand jury on June 24, 2021 and charged with procuring citizenship through a false statement and with procuring citizenship unlawfully.  The defendant, from September 27, 2011 to January 9, 2012, in submitting his application for citizenship and in his sworn affirmations at his interview at U.S. Citizenship and Immigration Services in Philadelphia, falsely declared that he had never committed a crime, when in fact, he had been raping a minor female.

“The guilty verdict for Sumo Dukulah sends a message that you will be held accountable for lying about your criminal background on federal immigration forms,” said U.S. Attorney Romero. “Those who would lie in order to secure the precious privilege of U.S. Citizenship put the integrity of our immigration system at risk.”

“Today’s conviction of Mr. Dukulah illustrates HSI’s commitment to ensuring that our immigration system is void of fraud and deception, particularly from those perpetrating such heinous criminal conduct,” said Special Agent in Charge of HSI Philadelphia William S. Walker.  “HSI will continue to tirelessly work with our partners in the U.S. Attorney’s Office to prosecute and to revoke any fraudulently obtained citizenship from anyone that poses a threat to the most vulnerable amongst our communities.”    

The case was investigated by Homeland Security Investigations, and is being prosecuted by Assistant United States Attorneys Josh A. Davison and Patrick Brown.

PHILADELPHIA – United States Attorney Jacqueline C. Romero announced that David Perez 37, of Philadelphia, PA, was sentenced to 110 months’ imprisonment, three years of supervised release, and ordered to pay $75,218.40 in restitution to the Philadelphia School District and $43,500 in restitution to Wells Fargo Bank by United States District Court Judge Michael M. Baylson for engaging in the business of manufacturing explosive devices, possession of explosives by a convicted felon, malicious damage to a building/institution receiving federal financial assistance, possession of firearm by a convicted felon, possession with intent to distribute a mixture and substance containing a detectable amount of phencyclidine (PCP), and conspiracy to commit bank fraud.

Perez previously pled guilty to manufacturing illegal explosive devices for several years prior to his arrest in June 2021.  Devices consistent with those made by Perez were found at numerous post-blast scenes, including at multiple scenes where explosive devices were used to attempt to access ATMs in the summer and fall of 2020. 

Perez admitted to using some of his homemade illegal explosive devices on July 4, 2020 in the courtyard of the Honorable Luis Munoz-Marin Elementary School in Philadelphia.  Use of these devices caused extensive damage to property inside and outside the school, and resulted in damage to numerous windows.  Repairs to the school cost more than $75,000. 

Upon arrest Perez was found in possession of multiple firearms and distribution-level quantities of PCP in his home.  He also participated in a bank fraud conspiracy, which led to a loss of $43,500 to Wells Fargo Bank.  

"Perez's Sentencing today should serve as a cautionary tale to others considering producing, possessing, or selling an illegal explosive device," said U.S. Attorney Romero. "Detonating powerful explosive devices on the grounds of an elementary school, and possession of firearms and distribution-quantity PCP, all by a convicted felon, is the very definition of a threat to public safety.  The U.S. Attorney's office, with our law enforcement partners, will continue to pursue these cases relentlessly, and David Perez will spend nearly ten years in federal prison."

The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, Social Security Administration – Office of Inspector General, and the Philadelphia Police Department, with substantial assistance from the Philadelphia Fire Marshal’s Office, and is being prosecuted by Assistant United States Attorney Amanda R. Reinitz.

PHILADELPHIA – United States Attorney Jacqueline C. Romero announced that Frontage Laboratories, Inc. (Frontage) has agreed to pay $125,000.00 to resolve allegations that it violated the Controlled Substances Act (CSA) by failing to maintain complete and accurate records of controlled substances and failing to keep one controlled substance secured.  The United States’ investigation involved Frontage’s facility located 75 E. Uwchlan Ave., Exton, PA 19341.  As part of the settlement, Frontage has entered into a two-year extension of its Memorandum of Agreement (MOA) with the Drug Enforcement Administration (DEA), which includes additional responsibilities regarding the handling of controlled substances.  The MOA imposes compliance obligations significantly more stringent than those in the applicable laws and regulations.

Frontage is registered with the DEA as a Manufacturer of schedule I-V controlled substances.  Based on an investigation, Frontage entered into a Memorandum of Agreement with the DEA on July 21, 2021.  On May 9, 2022, a reinspection was completed on Frontage’s manufacturer registration.  The investigators found record-keeping violations, including failure to separate Schedule I-II biennial inventory from Schedule III-V inventory, failure to document the correct amount of certain controlled substances on-hand, failure to record the date and quantity received on four receiving records, record the address and registration number of their own manufacturer and analytical lab on six transfers of controlled substances, and storing one controlled substance in a cabinet, rather than an approved safe.

Frontage acknowledged the seriousness of the issues, corrected the problems, hired new oversight staff, and accepted the extended MOA and the need to pay a penalty. 

“Manufacturers who fail to maintain proper records of controlled substances create conditions ripe for diversion,” said U.S. Attorney Romero. “Companies have a responsibility to ensure that all controlled substances are tracked through the distribution chain.  Our Office is committed to ensuring total compliance with the Controlled Substances Act, and we will vigorously enforce violations wherever we find them.”

Congress enacted the CSA to deter the illegal importation, manufacture, distribution, possession, and improper use of controlled substances, including prescription medications, and requires individuals and entities registered with the DEA to maintain complete and accurate records of all controlled substances and security systems so that controlled substances are not lost, stolen, or inappropriately dispensed.

The government’s pursuit of this matter demonstrates its commitment to combating diversion of controlled substances.  The recordkeeping and other regulations applicable to DEA registrants, including manufacturers, are the tools by which the DEA deters drug diversion. 

The investigation was conducted by the DEA’s Philadelphia Field Division, Diversion Regulatory Group 1 and the investigation and settlement was handled by Assistant U.S. Attorney Viveca D. Parker.    

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

The Justice Department announced today a coordinated international takedown of ChipMixer, a darknet cryptocurrency “mixing” service responsible for laundering more than $3 billion worth of cryptocurrency, between 2017 and the present, in furtherance of, among other activities, ransomware, darknet market, fraud, cryptocurrency heists and other hacking schemes. The operation involved U.S. federal law enforcement’s court-authorized seizure of two domains that directed users to the ChipMixer service and one Github account, as well as the German Federal Criminal Police’s (the Bundeskriminalamt) seizure of the ChipMixer back-end servers and more than $46 million in cryptocurrency. 

Coinciding with the ChipMixer takedown efforts, Minh Quốc Nguyễn, 49, of Hanoi, Vietnam, was charged today in Philadelphia with money laundering, operating an unlicensed money transmitting business and identity theft, connected to the operation of ChipMixer.

“This morning, working with partners at home and abroad, the Department of Justice disabled a prolific cryptocurrency mixer, which has fueled ransomware attacks, state-sponsored crypto-heists and darknet purchases across the globe,” said Deputy Attorney General Lisa Monaco. “Today’s coordinated operation reinforces our consistent message: we will use all of our authorities to protect victims and take the fight to our adversaries. Cybercrime seeks to exploit boundaries, but the Department of Justice’s network of alliances transcends borders and enables disruption of the criminal activity that jeopardizes our global cybersecurity.”

“Today's announcement demonstrates the FBI's commitment to dismantling technical infrastructure that enables cyber criminals and nation-state actors to illegally launder cryptocurrency funds,” said FBI Deputy Director Paul Abbate. “We will not allow cyber criminals to hide behind keyboards nor evade the consequences of their illegal actions. Countering cybercrime requires the ultimate level of collaboration between and among all law enforcement partners. The FBI will continue to elevate those partnerships and leverage all available tools to identify, apprehend and hold accountable these bad actors and put an end to their illicit activity.”

According to court documents, ChipMixer – one of the most widely used mixers to launder criminally-derived funds – allowed customers to deposit bitcoin, which ChipMixer then mixed with other ChipMixer users’ bitcoin, commingling the funds in a way that made it difficult for law enforcement or regulators to trace the transactions. As detailed in the complaint, ChipMixer offered numerous features to enhance its criminal customers’ anonymity. ChipMixer had a clearnet web domain but operated primarily as a Tor hidden service, concealing the operating location of its servers to prevent seizure by law enforcement. ChipMixer serviced many customers in the United States, but did not register with the U.S. Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN) and did not collect identifying information about its customers. 

As alleged in the complaint, ChipMixer attracted a significant criminal clientele and became indispensable in obfuscating and laundering funds from multiple criminal schemes. Between August 2017 and March 2023, ChipMixer processed:

• $17 million in bitcoin for criminals connected to approximately 37 ransomware strains, including Sodinokibi, Mamba and Suncrypt;
• Over $700 million in bitcoin associated with wallets designated as stolen funds, including those related to heists by North Korean cyber actors from Axie Infinity’s Ronin Bridge and Harmony’s Horizon Bridge in 2022 and 2020, respectively;
• More than $200 million in bitcoin associated either directly or through intermediaries with darknet markets, including more than $60 million in bitcoin processed on behalf of customers of Hydra Market, the largest and longest running darknet market in the world until its April 2022 shutdown by U.S. and German law enforcement;
• More than $35 million in bitcoin associated either directly or through intermediaries with “fraud shops,” which are used by criminals to buy and sell stolen credit cards, hacked account credentials and data stolen through network intrusions; and
• Bitcoin used by the Russian General Staff Main Intelligence Directorate (GRU), 85th Main Special Service Center, military unit 26165 (aka APT 28) to purchase infrastructure for the Drovorub malware, which was first disclosed in a joint cybersecurity advisory released by the FBI and National Security Agency in August 2020.

Beginning in and around August 2017, as alleged in the complaint, Nguyễn created and operated the online infrastructure used by ChipMixer and promoted ChipMixer’s services online. Nguyễn registered domain names, procured hosting services and paid for the services used to run ChipMixer through the use of identity theft, pseudonyms, and anonymous email providers. In online posts, Nguyễn publicly derided efforts to curtail money laundering, posting in reference to anti-money laundering (AML) and know-your-customer (KYC) legal requirements that “AML/KYC is a sellout to the banks and governments,” advising customers “please do not use AML/KYC exchanges” and instructing them how to use ChipMixer to evade reporting requirements. 

“ChipMixer facilitated the laundering of cryptocurrency, specifically Bitcoin, on a vast international scale, abetting nefarious actors and criminals of all kinds in evading detection,” said U.S. Attorney Jacqueline C. Romero for the Eastern District of Pennsylvania. “Platforms like ChipMixer, which are designed to conceal the sources and destinations of staggering amounts of criminal proceeds, undermine the public’s confidence in cryptocurrencies and blockchain technology. We thank all our partners at home and abroad for their hard work in this case. Together, we cannot and will not allow criminals’ exploitation of technology to threaten our national and economic security.”

“Criminals have long sought to launder the proceeds of their illegal activity through various means,” said Special Agent in Charge Jacqueline Maguire of the FBI Philadelphia Field Office. “Technology has changed the game, though, with a site like ChipMixer and facilitator like Nguyen enabling bad actors to do so on a grand scale with ease. In response, the FBI continues to evolve in the ways we ‘follow the money’ of illegal enterprise, employing all the tools and techniques at our disposal and drawing on our strong partnerships at home and around the globe. As a result, there’s now one less option for criminals worldwide to launder their dirty money.”

“Together, with our international partners at HSI The Hague, we are firmly committed to identifying and investigating cyber criminals who pose a serious threat to our economic security by laundering billions of dollars’ worth of cryptocurrency under the misguided anonymity of the darknet,” said Special Agent in Charge Scott Brown of Homeland Securities Investigations (HSI) Arizona. “HSI Arizona could not be more proud to work alongside every agent involved in this complex international case. We thank all our domestic and international partners for their support.”

Nguyễn is charged with operating an unlicensed money transmitting business, money laundering and identity theft. If convicted, he faces a maximum penalty of 40 years in prison.

The FBI, HSI Phoenix and HSI The Hague investigated the case.

The U.S. Attorney’s Office for the Eastern District of Pennsylvania is prosecuting the case. 

German law enforcement authorities took separate actions today under its authorities. The FBI’s Legal Attaché in Germany, the HSI office in The Hague, the HSI Cyber Crimes Center, the Justice Department’s Office of International Affairs and National Cryptocurrency Enforcement Team, EUROPOL, the Polish Cyber Police (Centralnego Biura Zwalczania Cyberprzestępczości) and Zurich State Police (Kantonspolizei Zürich) provided assistance in this case.

To report information about ChipMixer and its operators visit rfj.tips/Duhsup.

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