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CA doubles down on war against illegal sale of tobacco products to youth

By Sjschen (Sjschen)

OAKLAND – California Attorney General Rob Bonta today announced that the California Department of Justice is now accepting proposals for the 2024-2025 Tobacco Grant Program. The program aims to reduce the illegal sale of tobacco products by providing approximately $28.5 million in grant funding to eligible local agencies. Local public agencies are encouraged to apply and make use of funding to enforce state and local laws related to the illegal sale and marketing of tobacco products, including e-cigarettes, to minors.

“Together with local law enforcement, we’re successfully collaborating and coordinating efforts to put a halt to the dangers of illicit tobacco products,” said Attorney General Bonta. “We must continue to enforce California’s laws around tobacco products, and this funding will allow our communities to do just that, and hold those who violate the law accountable.”

Companies make and market tobacco products that target our youth with a myriad of kid-friendly flavors and loaded with the highly addictive chemical nicotinewhich has been found harmful to the developing brains of children and young adults. Surveys show flavored tobacco products remain the products of choice for young people. In 2023, among students reporting current e-cigarette use, 89.4% used flavored products. Tobacco usage during adolescence increases the risk for lifelong nicotine addiction and adverse health consequences.

The California Department of Justice’s Tobacco Grant Program aims to reduce childhood addiction to tobacco products by supporting local partners who:

  1. Enforce the statewide retail flavor ban and similar local retail flavor ordinances;
  2. Prosecute and penalize retailers who sell or market tobacco products to youth under the age of 21, including over the internet;
  3. Educate and inform tobacco retailers on state and local tobacco laws; and
  4. Investigate and inspect retailer licensing compliance.

The program is funded by Proposition 56, the California Healthcare, Research and Prevention Tobacco Tax Act of 2016. To date, the Tobacco Grant Program has distributed approximately $185 million in grant funding to approximately 406 grantees through a competitive process.

Attorney General Bonta remains committed to combating illegal marketing and sale of tobacco products. Last year, Attorney General Bonta helped secure a $462 million multistate settlement agreement with electronic cigarette maker, JUUL, Labs, Inc. (JUUL). Of the $462 million settlement amount, California will receive a total of $175.8 million, the highest amount of any state settlement yet reached with JUUL. The settlement will help California fund research, education, and enforcement efforts related to e-cigarettes. JUUL will also be prohibited from targeting youth in its advertising and promotion under the terms of the deal. This year, the Attorney General sponsored legislation to improve implementation of ban on flavored tobacco products.

For more information about the grant application process or qualifications, please visit oag.ca.gov/tobaccogrants.

Press release by CA DOJ.
Featured image: By Sjschen (Sjschen).

Laboratory Owners Charged in $36M COVID-19 Testing Fraud Scheme

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An indictment was unsealed this week in the Southern District of Florida charging three men for their alleged roles in an approximately $36 million health care fraud, wire fraud, and money laundering scheme that involved submitting false and fraudulent claims for COVID-19 testing to health care benefit programs, including Medicare and the Health Resources and Services Administration (HRSA) COVID-19 Uninsured Program.

Enrique Perez-Paris, 47, of Aventura, Florida, and Diego Sanudo Sanchez Chocron, 47, of Venice, California, made their initial appearances today in the U.S. District Court for Southern District of Florida. Gregory Charles “Milo” Caskey, 57, of San Antonio, Texas, made his initial appearance today in the U.S. District Court for the Western District of Texas.

According to court documents, Perez-Paris, Sanchez, and Caskey were owners of Innovative Genomics, an independent laboratory. Between November 2019 and June 2023, the defendants and others allegedly conspired to submit claims for medically unnecessary and non-reimbursable COVID-19 testing. The defendants also allegedly paid illegal kickbacks and bribes to patient recruiters who arranged for health care providers to refer the tests to Innovative Genomics. At times, the defendants allegedly caused the HRSA COVID-19 Uninsured Program to be improperly billed for tests for Medicare beneficiaries. The defendants allegedly further billed for tests that the Food and Drug Administration had not approved for emergency-use authorization.

The defendants are each charged with conspiracy to commit health care fraud and wire fraud, three counts of health care fraud, and conspiracy to commit money laundering. If convicted, they each face a maximum penalty of 20 years in prison on each of the conspiracy counts and a maximum penalty of 10 years on each health care fraud count.

Principal Deputy Assistant Attorney General Nicole M. Argentieri, head of the Justice Department’s Criminal Division; U.S. Attorney Markenzy Lapointe for the Southern District of Florida; Special Agent in Charge Jeffrey B. Veltri of the FBI Miami Field Office; and Special Agent in Charge Stephen Mahmood of the Department of Health and Human Services Office of the Inspector General (HHS-OIG) Miami Regional Office made the announcement.

The FBI and HHS-OIG investigated the case.

Trial Attorney Reginald Cuyler Jr. of the Criminal Division’s Fraud Section is prosecuting the case. Assistant U.S. Attorney Marx Calderon for the Southern District of Florida is handling asset forfeiture.

The Fraud Section leads the Criminal Division’s efforts to combat health care fraud through the Health Care Fraud Strike Force Program. Since March 2007, this program, currently comprised of nine strike forces operating in 27 federal districts, has charged more than 5,400 defendants who collectively have billed federal health care programs and private insurers more than $27 billion. In addition, the Centers for Medicare & Medicaid Services, working in conjunction with HHS-OIG, are taking steps to hold providers accountable for their involvement in health care fraud schemes. More information can be found at www.justice.gov/criminal-fraud/health-care-fraud-unit.

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

Press release by DOJ.

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Canadian Man Sentenced for Operating $175M Psychic Mass-Mailing Fraud Scheme

 

A Canadian man was sentenced to 10 years in prison in the Eastern District of New York for perpetrating a massive psychic mass-mailing fraud scheme that stole more than $175 million from more than 1.3 million victims in the United States.

Following a two-week trial, a federal jury convicted Patrice Runner, 57, a Canadian and French citizen, in June 2023 of conspiracy to commit mail and wire fraud, conspiracy to commit money laundering and multiple counts of mail fraud and wire fraud.

Runner operated a mass-mailing fraud scheme from 1994 through November 2014. As part of the scheme, Runner sent letters to millions of U.S. consumers, many of whom were elderly and vulnerable. The letters falsely purported to be individualized, personal communications from well-known so-called “psychics” Maria Duval and Patrick Guerin and promised that the recipient had the opportunity to achieve great wealth and happiness with the assistance of the “psychics” in exchange for payment of a fee. Once a victim made a single payment in response to one of the letters, the victim was bombarded with dozens of additional letters, all purporting to be personalized communications from the “psychics” and offering additional services and items for a fee.

Although the scheme’s letters frequently stated that a “psychic” had seen a personalized vision regarding the recipient of the letter, in fact, the scheme sent nearly identical form letters to tens of thousands of victims each week. Runner and his co-conspirators obtained the names of elderly and vulnerable victims by renting and trading mailing lists with other mail fraud schemes. In reality, Duval and Guerin had no role in sending the letters, did not receive responses from the victims, and did not send the additional letters after victims paid money. In fact, no “psychics” played any role in Runner’s operation. Some victims made dozens of payments in response to the fraudulent letters, losing thousands of dollars.

Runner directed the scheme for the entirety of its twenty-year operation, directing co-conspirators, who ran the day-to-day operations of the scheme through a Canadian company. Runner used a series of shell companies registered in Canada and Hong Kong to hide his involvement in the scheme while living in multiple foreign countries, including Switzerland, France, the Netherlands, Costa Rica and Spain.

Spanish authorities extradited Runner to the United States to face federal charges in December 2020.

“This case demonstrates that the Justice Department’s Consumer Protection Branch and its partners in the U.S. Postal Inspection Service (USPIS) are committed to investigating and prosecuting transnational fraud schemes targeting Americans consumers,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “The global nature of this scheme meant that we had to rely on law enforcement from around the globe to provide evidence of criminality. We want to thank officials from France, Liechtenstein, Switzerland and Canada, and in particular the Canadian Competition Bureau, for providing assistance in securing evidence in this matter, as well as Spain for arresting and extraditing Runner, ensuring that justice could be done.”

“Patrice Runner’s extravagant lifestyle, born on the backs of millions of older and vulnerable Americans, has come to an end,” said Inspector in Charge Chris Nielsen of the USPIS Philadelphia Division. “The conviction and federal sentencing of Patrice Runner is the appropriate punishment for someone who routinely preyed on vulnerable and elderly Americans. Postal Inspectors will continue to work tirelessly to ensure you can trust that the US Mail is free of these types of predatory schemes.”

Four other co-conspirators previously pleaded guilty to conspiracy to commit mail fraud in connection with this mass-mailing fraud scheme: Maria Thanos, 60, of Montreal, Canada; Philip Lett, 53, of Montreal; Sherry Gore, 73, of Indiana, and Daniel Arnold, 62, of Connecticut.

USPIS investigated the case.

Assistant Director John W. Burke and Trial Attorneys Charles B. Dunn, Rachel Baron and Ann Entwistle of the Civil Division’s Consumer Protection Branch prosecuted the case. The Justice Department’s Office of International Affairs provided critical assistance in securing Runner’s extradition.

The department urges individuals to be on the lookout for fraudulent “psychic,” lottery, prize notification and sweepstakes scams. If you receive a phone call, letter or email promising a large prize in exchange for a fee, do not respond. Fraudsters often will use official-sounding names or the names of real lotteries or sweepstakes, or pretend to be a government agent purportedly helping to secure a prize.

If you or someone you know is age 60 or older and has experienced financial fraud, experienced professionals are standing by at the National Elder Fraud Hotline: 1-833-FRAUD-11 (1-833-372-8311). This Justice Department hotline, managed by the Office for Victims of Crime, can provide personalized support to callers by assessing the needs of the victim and identifying relevant next steps. Case managers will identify appropriate reporting agencies, provide information to callers to assist them in reporting, connect callers directly with inappropriate agencies and provide resources and referrals, on a case-by-case basis. Reporting is the first step. Reporting can help authorities identify those who commit fraud and reporting certain financial losses due to fraud as soon as possible can increase the likelihood of recovering losses. The hotline is open Monday through Friday from 10:00 a.m. to 6:00 p.m. ET. English, Spanish and other languages are available.

More information about the department’s efforts to help American seniors is available at its Elder Justice Initiative webpage at www.justice.gov/elderjustice. For more information about the Consumer Protection Branch and its enforcement efforts visit www.justice.gov/civil/consumer-protection-branch. Elder fraud complaints may be filed with the FTC at www.reportfraud.ftc.gov

or at 877-FTC-HELP. The Justice Department provides a variety of resources relating to elder fraud victimization through its Office for Victims of Crime, which can be reached at www.ovc.gov.

Press release by DOJ.
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Leader of Multimillion-Dollar Clinic Scam Resentenced for Health Care and Tax Fraud Conspiracy

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A New York man has been resentenced to nine years in prison and ordered to pay $39 million in restitution for his role in a multimillion-dollar health care kickback and tax avoidance conspiracy, after his previous sentence was vacated.

According to court documents, Aleksandr Pikus, 48, of Brooklyn, orchestrated a scheme to refer Medicare and Medicaid beneficiaries to health care providers at clinics in Brooklyn and Queens in exchange for illegal kickbacks. The health care providers submitted millions of dollars in false and fraudulent claims to the Medicare and Medicaid programs related to these illegally procured beneficiaries. Pikus and his co-conspirators then laundered a substantial portion of the proceeds of these claims through companies they controlled, including by cashing checks at several check-cashing businesses in New York. Pikus failed to report that cash income to the IRS, instead using sham shell companies and fake invoices to conceal the transactions. He used the cash for his personal benefit and to pay kickbacks to patient recruiters who, in turn, paid beneficiaries to receive treatment at the medical clinics.

Pikus was convicted at trial in 2019, but his conviction was overturned on appeal. On remand, the district court dismissed the indictment without prejudice. Pikus was reindicted in January 2023 and pleaded guilty to conspiracy to receive and pay health care kickbacks and conspiracy to defraud the United States by obstructing the lawful functions of the IRS in May 2023.

Principal Deputy Assistant Attorney General Nicole M. Argentieri, head of the Justice Department’s Criminal Division; Special Agent in Charge Thomas M. Fattorusso of IRS Criminal Investigation (IRS-CI) New York; and Special Agent in Charge Naomi Gruchacz of the Department of Health and Human Services Office of Inspector General (HHS-OIG) made the announcement.

IRS-CI and HHS-OIG investigated the case.

Trial Attorney Patrick J. Campbell of the Criminal Division’s Fraud Section prosecuted the case.

The Fraud Section leads the Criminal Division’s efforts to combat health care fraud through the Health Care Fraud Strike Force Program. Since March 2007, this program, currently comprised of nine strike forces operating in 27 federal districts, has charged more than 5,400 defendants who collectively have billed federal health care programs and private insurers more than $27 billion. In addition, the Centers for Medicare & Medicaid Services, working in conjunction with HHS-OIG, are taking steps to hold providers accountable for their involvement in health care fraud schemes. More information can be found at www.justice.gov/criminal-fraud/health-care-fraud-unit.

Press release by DOJ.

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NJ Doctor Sentenced for Unlawful Distribution of Oxycodone

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A New Jersey doctor has been sentenced to two years in prison and barred from practicing medicine for unlawfully distributing addictive opioids without performing necessary patient assessments.

According to court documents and statements made in court, Felicia E. Gonzalez, 65, of Toms River, prescribed oxycodone to three patients without conducting any physical examinations, developing treatment plans, or assessing the patients for drug dependence. Gonzalez previously received national bans from two large pharmacy chains related to her prescribing practices but continued to prescribe addictive opioids without performing the minimum assessments required by state safety regulations. To conceal her unlawful prescribing, Gonzalez falsified her medical records by falsely claiming to have performed examinations when she had not.

Principal Deputy Assistant Attorney General Nicole M. Argentieri, head of the Justice Department’s Criminal Division; Special Agent in Charge Wayne A. Jacobs of the FBI Philadelphia Field Office; Special Agent in Charge Cheryl Ortiz of the Drug Enforcement Administration’s (DEA) New Jersey Field Division, Camden Resident Office Diversion Group; and Special Agent in Charge Naomi Gruchacz of the Department of Health and Human Services Office of Inspector General (HHS-OIG) made the announcement.

The FBI, DEA, and HHS-OIG investigated the case.

Trial Attorneys Paul J. Koob and Nicholas K. Peone of the Criminal Division’s Fraud Section prosecuted the case.

The Fraud Section leads the Criminal Division’s efforts to combat health care fraud through the Health Care Fraud Strike Force Program. Since March 2007, this program, currently comprised of nine strike forces operating in 27 federal districts, has charged more than 5,400 defendants who collectively have billed federal health care programs and private insurers more than $27 billion. In addition, the Centers for Medicare & Medicaid Services, working in conjunction with HHS-OIG, are taking steps to hold providers accountable for their involvement in health care fraud schemes. More information can be found at www.justice.gov/criminal-fraud/health-care-fraud-unit.

Press release by DOJ.

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