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Criminal Proceedings

This archive displays posts tagged as involving criminal law proceedings relevant to whistleblowers. You may also be interested in our pages:

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February 1, 2019

Ali Jama, co-owner of Alpha Star Health Care Inc., was sentenced to 18 months in prison for health care fraud and tax fraud schemes against Medicare and Medicaid. Jama billed the government for services performed by unqualified individuals with criminal backgrounds who were prohibited from providing direct care. Jama also billed for services provided by untrained home health aides and provided false documents and false records for his taxes to reduce his company’s tax liability from approximately $680,000 to $81,000. Jama has been ordered to forfeit $300,000 and pay $392,000 in restitution to Medicaid. He must also pay the IRS $311,000 in restitution. DOJ

January 31, 2019

A North Carolina jury found Robert Leslie Stencil and Michael Allen Duke guilty of money laundering and mail and wire fraud for their roles in a five-year multi-million dollar high-yield investment fraud. According to the prosecution, Stencil, Duke and their co-conspirators sold millions of dollars of worthless stock in a sham company named Niyato Industries Inc. (Niyato). Stencil, Duke and their co-conspirators sold approximately $2.8 million in stock to around 140 victims, many of whom were elderly. DOJ

January 31, 2019

David Aubel of North Carolina was sentenced to over seven years in prison and ordered to pay $242,553 in restitution for his role in a market manipulation scheme targeting Green Energy Renewable Solutions, Inc. Aubel and co-conspirator Robert Raffa covertly acquired Green Energy’s unrestricted stock without reporting their controlling interest, and then engaged in scheme to manipulate the stock price to their benefit. They were caught thanks to a cooperating promoter and an undercover agent. DOJ

January 29, 2019

Jennifer J. McCain-Bray, aka JJ McCain, of Las Vegas, was sentenced to 51 months in federal prison and must pay $6,715,531 for committing mail fraud and tax evasion as part of a scheme to defraud the Las Vegas Valley Water District (LVVWD) of over $6.7 million. McCain-Bray was a purchasing analyst for the LVVWD who was responsible for transmitting orders and payments to vendors when particular products were requested from LVVWD departments and employees. Between 2007 and 2015, she falsely represented that ink and toner cartridge purchases for a New Jersey company were for the LVVWD. The New Jersey company resold the cartridges for its own profit. McCain-Bray failed to report her profits from the scheme on her personal tax returns for 2011 through 2015, underreporting her taxable income by $2,339,156 for those years. DOJ

January 29, 2019

Two doctors and a health clinic owner in the Houston area have each been sentenced to decades in prison following their convictions for Medicare fraud. In one case involving three defendants—clinic owner Ann Shepherd, doctor John Ramirez, and Yvette Nwoko—Medicare paid over $17 million in fraudulent claims resulting from false certifications related to services not medically necessary or properly provided. Defendants Shepherd was sentenced to 30 years in prison, and ordered to pay $20 million; Ramirez was sentenced to 25 years in priosn and ordered to pay $26 million; Nwoko awaits sentencing. In a second case, related case, doctor Anh Do was sentenced to three years in prison and ordered to pay almost $2 million in restitution on similar charges. DOJ 1; DOJ 2

January 28, 2019

Norma Zayas, of Miami, was sentenced to 51 months in prison for her role in a $4.66 million health care fraud scheme involving several Miami-area home health agencies, including Sunshine Home Health Services Inc., Empire Home Health Agency Inc., Mildred & Marce Home Health Care Services Inc., and Nursing Care PRN Inc., which purported to provide home health services to Medicare patients. Zayas must also pay $4,658,241.00 in restitution and forfeit $186,650.50. Zayas admitted that from approximately January 2010 through approximately January 2014, she operated Sunshine, Empire, and Mildred & Marce Home Health and paid kickbacks to patient recruiters in return for the referral of Medicare beneficiaries, many of whom did not need or qualify for home health services. She also paid kickbacks to patient recruiters who referred Medicare beneficiaries to Nursing Care PRN. As a result of false and fraudulent claims submitted as part of this conspiracy, Medicare made payments of nearly $4.66 million. DOJ

Top Ten Financial and Healthcare Fraud Prison Sentences of 2018

Posted  01/11/19
Hands gripping prison bars
Financial and healthcare fraud schemes can result not just in civil investigations and liability, but also in prison time for the individuals involved.  In 2018, the Department of Justice obtained substantial prison sentences in numerous cases involving healthcare and financial frauds, helping to bring justice to the patients, investors, or individuals harmed by criminal fraudsters.  Many of the fraudulent schemes...

December 21, 2018

Randall Gilbertson was sentenced to 12 years in prison following his conviction on numerous counts related to his manipulation of the stock price of Dakota Plains Holdings, Inc., a company he founded, in a reverse merger of Dakota Plains into a publicly traded shell company, Malibu Club Tan.  Gilbertson was also ordered to pay restitution of over $15 million.   USAO MN

December 19, 2018

Multiple individual defendants associated with a fraud perpetrated against Minneapolis-area Starkey Laboratories, Inc., are facing sentencing following guilty pleas and convictions.  Jerome Ruzicka, the former president of Starkey, orchestrated a scheme to steal millions from the hearing aid company, including through the use of sham companies and dummy entities through which the defendants directed funds for their own benefit, and through the award of restricted stock in affiliated companies.  Ruzicka will be sentenced to seven years in federal prison.  USAO MN

December 18, 2018

After submitting more than $3.5 million in false Medicare claims for home health services, John Dubor of Sugar Land, Texas, has been sentenced to nine years in prison and ordered to pay $3.5 million in restitution.  Through his company, Care Committers Health Services, Dubor paid marketers and group home owners for Medicare beneficiary information, then falsely billed Medicare and Medicaid for home health services for which the beneficiaries did not qualify, did not receive, or both.  Dubor himself would falsify patient assessment forms to make patients appear sicker, entitling him to higher reimbursement rates, and instructed his employees to falsify certifications and forge physician signatures.  USAO SDTX
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