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Government Enforcement Actions

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Page 21 of 534

April 26, 2023

Brian Kolfage and Andrew Badolato will spend 51 months and 36 months in prison, respectively, for their participation in the “We Build The Wall” fundraising scheme. Kolfage, Badolato, and others raised over $25 million in donations from folks bound by their passion for walls and hatred of their fellow humans. Kolfage and Badolato lined their pockets with the funds, despite assuring the public that they wouldn’t take any of the funds for their personal use. Both pled guilty to one count of conspiracy to commit wire fraud in the Southern District of New York, and Kolfage pled guilty to tax and wire fraud charges in the Northern District of Florida, as well. USAO SDNY, USAO NDFL

Tagged in: Tax Fraud,

April 25, 2023

British American Tobacco and its subsidiary BAT Marketing Singapore, will pay penalties totaling more than $629 million for doing business with North Korea, despite stating it was no longer selling tobacco in North Korea, and in violation of the bank fraud statute and the International Emergency Economic Powers Act. Through this scheme, BAT and BATMS utilized a third party in Singapore to surreptitiously route sales to North Korea. USAO DC, DOJ

April 25, 2023

Attorneys George Constantine and Marc Elefant, and orthopedic surgeon Andrew Dowd, were sentenced to prison for their $31 million trip-and-fall fraud scheme. Constantine (102 months), Elefant (24 months), and Dowd (102 months) recruited participants to stage falls or falsely claim to have fallen and would then file fraudulent suits against the businesses and insurance companies where the “falls” allegedly occurred. In addition to staging the accidents and then filing suit, Constantine and Elefant would require the “victims” to receive ongoing chiropractic and medical treatment from certain designated chiropractors and doctors—including Dowd. Dowd performed nearly 300 medically unnecessary surgeries on patient-clients, at the behest of Constantine and Elefant, who then used the surgeries to boost the value of any potential settlement. In addition to prison time, they will forfeit over $8 million acquired via their fraud. DOJ

Tagged in: Chiropractic, Healthcare Fraud, Lack of Medical Necessity, Provider Fraud,

April 21, 2023

Michael Zeto, in coordination with foreign telemarketers, used elderly American consumers’ banking information to create fraudulent checks payable to companies he controlled. The multimillion-dollar scheme will net him up to 20 years in prison. DOJ

Tagged in: Financial and Investment Fraud,

April 21, 2023

Keith Alan Seguin, an Air Force civilian employee, will spend 188 months in prison and pay over $39 million in restitution to the Air Force, Army and General Services Administration, and the IRS, and forfeit over $2.3 million that he received in bribe money for colluding with others to evade competition and steer $100 million in government Air Force projects to them. Seguin was charged with making a false income tax return and for conspiracy to commit wire fraud. USAO WDTX

Tagged in: Bribery and Bid-Rigging, Criminal Proceedings, Defense Contract Fraud, Government Procurement Fraud,

April 20, 2023

Matthew Taylor Witkowski will spend 60 months in prison for generating and purchasing fraudulent written orders for DME, and then, using his Dominican Republic-based business, marketed and sold those orders to pharmacies and DME suppliers. Witkowski’s fraud resulted in more than $8 million in false claims reimbursements being made by Medicare. Witkowski will forfeit over $4 million and pay restitution of over $8 million to Medicare. SDNY

Tagged in: Healthcare Fraud, Lack of Medical Necessity, Medical Devices and DME, Medicare, Provider Fraud,

April 20, 2023

Dr. Paul S. Koch, Koch Eye Associates, and Claris Vision violated the False Claims Act by paying kickbacks to optometrists who referred their patients to Koch and his companies for laser-assisted cataract surgery. Over a five-year period, from 2013 to 2017, Koch and his practices submitted false claims to Medicare based on those kickbacks. Koch will pay nearly $1.2 million to resolve the qui tam whistleblowers’ claims, and the two whistleblowers will receive $256,534.84 from the settlement. USAO RI

Tagged in: Anti-Kickback and Stark, FCA Federal, Healthcare Fraud, Medical Billing Fraud, Medicare, Provider Fraud, Whistleblower Case, Whistleblower Rewards,

April 20, 2023

Miami doctors Lawrence Alexander and Dean Zusmer were sentenced to 33 months and 96 months in prison, respectively, for their scheme to defraud Medicare of $31 million. Zusmer, a chiropractor and DME company owner, paid kickbacks to acquire patient referrals and signed doctors’ orders, using overseas call centers to solicit unnecessary prescriptions from patients and telemedicine companies. Alexander, an orthopedic surgeon and co-owner of another DME company, concealed his participation by putting the DME company in the name of one of his family members. The companies received over $15 million from Medicare through their fraud. DOJ

Tagged in: Anti-Kickback and Stark, Criminal Proceedings, FCA Federal, Healthcare Fraud, Lack of Medical Necessity, Medical Devices and DME, Medicare, Provider Fraud,

April 19, 2023

Manufacturer Seagate Technology LLC will pay a $300 million penalty to resolve allegations that it violated U.S. export control standards.  As part of the settlement, Seagate admitted that it unlawfully sold millions of hard disk drives, valued at more than $1 billion, to Huawei Technologies in 2020 and 2021, after Huawei became a listed entity, requiring sales to it by U.S. companies to be made by export license, based on a U.S. determination that Huawei was  involved in activities contrary to the national security or foreign policy interests of the United States.  Seagate also agreed to ongoing audits by the government.  BIS DOC

Tagged in: Trade Agreements,

April 17, 2023

Jonah Engler and Barbara Desiderio, already enjoined from further violations of Section 17(a) of the Securities Act and Section 10(b) of the Exchange Act, will pay over $5 million in disgorgement, interest, and civil penalties for illegally trading in retail customer accounts as their company, Global Arena Capital Corp., was going out of business. Engler, Desiderio, and two others caused customer losses of over $4 million, while generating over $2.4 million in unlawful markups, markdowns, and commissions for Global Arena. SEC

Tagged in: Financial and Investment Fraud, Regulatory Violations, Securities Fraud,

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