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Hadari Oshri’s Gaya Ventures site claims she’s joined forces with convicted businessman Orlando Birbragher in new biz venture

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Aitana Vargas
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AN IMPORTANT NOTE: On June 22, 2021, Hadari Oshri –Marc Lubaszka’s business partner– filed a civil harassment restraining order (CHRO) against Investor News reporter Aitana Vargas to stop the publication of her investigative series “A Special Report: The Harrowing Impunity of White-Collar crime,” and any subsequent installments or future media coverage. On August 3, 2021, Vargas filed an anti-SLAPP motion to strike Oshri’s CHRO petition. In a hearing held on September 13, 2021, Los Angeles Superior Court Judge Doreen Boxer granted Vargas’s anti-SLAPP motion and denied Oshri’s civil harassment petition for failure to sustain the applicable burden of proof. Oshri will now have to pay Vargas’s attorney’s fees for filing a frivolous case. The Israeli entrepreneur also declined to go on a recorded interview or provide statements via email.

Hadari Oshri’s Gaya Ventures site claims she’s joined forces with convicted businessman Orlando Birbragher in new biz venture

Los Angeles (CA) – Self-described “successful” entrepreneur Hadari Oshri has made both an online and a business comeback.
After her long list of demonstrated business failures, including Xehar, Trade Safe Pro and Hadari Online, the Israeli-American entrepreneur has finally launched her latest business website, www.gayaventures.com, an acquisitions and consulting firm combining AI and wellness that she’s started to publicize online.
Indeed, just this week Nasdaq.com released an article written by “guest contributors” referencing Oshri’s latest pet project. The author, Jenny Q Ta, sadly, got Oshri’s company name wrong…Luckily, we’re here to get it right. Gaya, not Gava.

Why Gaya Ventures LLC now?

Public records show that Gaya Ventures LLC was formed by Hadar Oshri in Florida in 2022 following the demise of her partnership with LA-based conman Marc Lubaszka, who’s been under investigation by the FBI and the SEC for his involvement in alleged business schemes, including defrauding gold IRA investors across the country and trying to sell nonexistent PPE and imaginary private jets.
Court records and exclusive documents and testimonies obtained by this outlet show that both Lubaszka and Oshri joined forces during the pandemic to sell nonexistent PPE through the former’s now-defunct private jet company: Fly Private X.
Also during the COVID-19 emergency, Oshri was involved in PPE sales through her Florida-based company Trade Safe Pro, LLC.
Additionally, in 2021, Oshri filed and lost an embarrassing SLAPP case against reporter Aitana Vargas in a desperate attempt to stop the publication of “A Special Report: The Harrowing Impunity of White-Collar Crime,” a multi-part series that went on to win an LA Press Club award in 2022. Oshri will have to pay mandatory attorney’s fees to the reporter for filing a frivolous case.
*Read here the court’s anti-SLAPP ruling in favor of the reporter.
In 2022, Oshri and A1A Management, a corporation she co-managed with entrepreneur Patrick Seller, aka the “Crypto King,” were sued for $250.000 for failure to deliver promised PPE. In their social media accounts, both Oshri and Seller bragged about the beachfront Malibu property they held parties at. Photos of them together have been deleted since.
According to Oshri’s public IG account, the Malibu parties continue to this date…

Who’s behind Gaya Ventures?

According to the company website (https://www.gayaventures.com), four people may be involved in the project. Oshri is listed as the CEO, whereas Gregory Witherspoon (Oshri’s former Xehar investor, who withdrew his support following widespread mismanagement claims by former workers and contractors) is listed as the company CFO. Witherspoon’s LinkedIn profile names Plan Bravo Partners as his most recent position and makes no mention of Gaya Ventures. Then, there’s realtor Darla Stuart, whose LinkedIn profile mentions the company. Lastly, the site lists Orlando Birbragher –a Florida-based businessman born to Panamanian parents– as the CIO.

Who’s Orlando Birbragher?

According to court records, Birbragher was ordered detained without bond in 2007 pending the resolution of criminal matters in a 31-count indictment, which included charges for conspiracy to distribute drugs through his company, Pharmacom.
2010 court documents state that “Orlando Birbragher conditionally pled guilty to conspiracy to distribute controlled substances, in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(D), 841(b)(1)(D)(2), 846, 856(a)(1), and 861(a)(1), and conspiracy to launder money from the drug conspiracy, in violation of 18 U.S.C. §§ 1956(a)(1)(A)(i), 1956(a)(1)(B)(i), 1956(h), and 1957. The district court sentenced Birbragher to 35 months imprisonment to be followed by a two-year term of supervised release. The court also entered a preliminary forfeiture order of $2,465,209.92.”
In 2010, the 8th Circuit of the US Court of Appeals denied Birbragher’s request to dismiss his indictment.
However, several sympathetic columns posted by author David F. Bienvenu on Medium claim that the businessman was exonerated.
Fast forward to 2022, and Birbragher and his companies, including BBV International Consulting, were sued for civil theft.

Hadari Oshri has acquired two Instagram accounts with fake/bought followers

To obtain clout and notoriety, one of Oshri’s latest acquisitions is her @hadari_oshri_israel Instagram account, featuring over 10.6K followers. This impressive accomplishment is, however, followed by an even more impressive one, @gaya_ventures, an Instagram account with over 7.4K followers, four posts and a handful of likes.
It all looks like a fresh, promising start for the entrepreneur.
At the time of this publication, Mr. Witherspoon has not replied to a media request for comments.
Updates:
Story originally published on May 14, 2023.
May 11th, 2023: Following the publication of this piece, Oshri has hidden her personal IG account from public view and her @hadari_oshri_israel IG is no longer available.
*This story will be updated as more information becomes available.
**To contact the newsroom, send an email to: info@investornews.io. For news tips and story ideas, please contact investigative reporter Aitana Vargas at aitana_investigations@protonmail.com.
***After this reporter survived in 2021 an anti–SLAPP motion against Ms. Oshri, as a matter of policy, this outlet no longer reaches out to Ms. Oshri and her then-attorney, John Tamborelli, for comment. But we remain fully committed to hearing and sharing their opinion should they decide to reach out to us by email: Aitana_investigations@protonmail.com

Consulting Companies to Pay $11.3M for Failing to Comply with Cybersecurity Requirements in Federally Funded Contract

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Administrator
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"Money Roll - $100 Dollar Bills" by 401(K) 2013 is marked with CC BY-SA 2.0.

Guidehouse Inc., headquartered in McLean, Virginia, has paid $7,600,000 and Nan McKay and Associates (Nan McKay), headquartered in El Cajon, California, has paid $3,700,000 to resolve allegations that they violated the False Claims Act by failing to meet cybersecurity requirements in contracts intended to ensure a secure environment for low-income New Yorkers to apply online for federal rental assistance during the COVID-19 pandemic.

In early 2021, Congress established the emergency rental assistance program (ERAP) to provide financial assistance to eligible low-income households to cover the costs of rent, rental arrears, utilities and other housing-related expenses during the COVID-19 pandemic. Participating governments were required to establish programs to distribute the federal funding to eligible tenants and landlords. In New York, the Office of Temporary and Disability Assistance (OTDA) was the state agency responsible for administering New York’s ERAP. In May 2021, Guidehouse and OTDA entered a contract under which Guidehouse, as the prime contractor, assumed responsibility for the New York ERAP, including for the ERAP technology and services provided to New Yorkers. Nan McKay, in turn, served as Guidehouse’s subcontractor and was responsible for delivering and maintaining the ERAP technology product used in New York to fill out and submit online applications requesting rental assistance (ERAP Application).

Guidehouse and Nan McKay shared responsibility for ensuring that the ERAP Application underwent cybersecurity testing in its pre-production environment before it was launched to the public. As part of the settlements announced today, Guidehouse and Nan McKay admitted that neither satisfied their obligation to complete the required pre-production cybersecurity testing. The state’s ERAP went live on June 1, 2021. Twelve hours later, OTDA shut down the ERAP website after determining that certain applicants’ personally identifiable information (PII) had been compromised and portions were available on the internet. Guidehouse and Nan McKay acknowledged that had either of them conducted the contractually-required cybersecurity testing, the conditions that resulted in the information security breach may have been detected and the incident prevented.

In addition, as part of its settlement, Guidehouse admitted that for a short time period in 2021, it used a third-party data cloud software program to store personally identifiable information without first obtaining OTDA’s permission, in violation of its contract.

“Federal funding frequently comes with cybersecurity obligations, and contractors and grantees must honor these commitments,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “The Justice Department will continue to pursue knowing violations of material cybersecurity requirements aimed at protecting sensitive personal information.”

“Contractors who receive federal funding must take their cybersecurity obligations seriously,” said U.S. Attorney Carla B. Freedman for the Northern District of New York. “We will continue to hold entities and individuals accountable when they knowingly fail to implement and follow cybersecurity requirements essential to protect sensitive information.”

“These vendors failed to meet their data integrity obligations in a program on which so many eligible citizens depend for rental security, which jeopardized the effectiveness of a vital part of the government’s pandemic recovery effort,” said Acting Inspector General Richard K. Delmar of the Department of the Treasury. “Treasury OIG is grateful for DOJ’s support of its oversight work to accomplish this recovery.”

“This settlement sends a strong message to New York State contractors that there will be consequences if they fail to safeguard the personal information entrusted to them or meet the terms of their contracts,” said New York State Comptroller Thomas P. DiNapoli. “Rental assistance has been vital to our economic recovery, and the integrity of the program needs to be protected. I thank the United States Department of Justice, United States Attorney for the Northern District of New York Freedman and the United States Department of Treasury Office of the Inspector General for their partnership in exposing this breach and holding these vendors accountable.”

On Oct. 6, 2021, the Deputy Attorney General announced the department’s Civil Cyber-Fraud Initiative, which aims to hold accountable entities or individuals that put sensitive information at risk by knowingly providing deficient cybersecurity products or services, knowingly misrepresenting their cybersecurity practices or protocols or knowingly violating obligations to monitor and report cybersecurity incidents. Information on how to report cyber fraud can be found here.

The United States’ investigation was prompted by a lawsuit filed under the whistleblower provisions of the False Claims Act, which permit private parties to sue on behalf of the government when they believe that defendants submitted false claims for government funds, and to receive a share of any recovery. The settlement agreements in this case provide for the whistleblower, Elevation 33 LLC, an entity owned by a former Guidehouse employee, to receive a $1,949,250 share of the settlement amounts. The case is captioned United States ex rel. Elevation 33, LLC v. Guidehouse Inc. et al., Case No. 1:22-cv-206 (N.D.N.Y.)

Trial Attorney J. Jennifer Koh of the Civil Division’s Commercial Litigation Branch, Fraud Section and Assistant U.S. Attorney Adam J. Katz for the Northern District of New York handled this matter, with assistance from the Department of the Treasury OIG and the Office of the New York State Comptroller.

Press Release by DOJ. 

Tacoma Company Pleads Guilty and Sentenced for False Declarations on Timber Imports

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Administrator
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"From Cash To Digital" by FamZoo is marked with CC BY-SA 2.0.

Tip the Scale LLC, of Tacoma, Washington, pleaded guilty and was sentenced today for making false declarations regarding the species and harvest location of timber used in wooden cabinets and vanities.

Tip the Scale, doing business as L & D Kitchen and Bath, is an importer and seller of various home goods including wooden kitchen cabinets and bathroom vanities. According to court documents, between January and May of 2020, Tip the Scale imported five shipping containers of wooden cabinets and vanities, all of which were falsely declared. The products, which were harvested and produced in China, were declared as a false species of wood harvested in Malaysia. By doing so, Tip the Scale evaded oversight of Chinese-harvested timber and more than $850,000 in import duties.

The Lacey Act requires that importers of wood products file a declaration, which describes the scientific genus and species as well as the harvest country of imports that contain timber. These declarations help stem the flow of protected, illegally logged or misdeclared timber species into the United States. Tip the Scale pleaded guilty to a single felony count of importing goods by means of false statements.

The company was sentenced to pay $360,000 in fines and serve three years of probation. During probation, Tip the Scale is required to implement a mandatory environmental compliance plan audited by a third party. Prior to the sentencing, the company paid more than $850,000 in outstanding duties. The cabinets and vanities were seized by the U.S. Fish and Wildlife Service and donated to a local branch of Habitat for Humanity.

“The United States was the first nation to criminalize transnational trafficking of plants and plant products, which includes home goods made with wood,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “Enforcing the Lacey Act is our best tool in combatting timber trafficking.”

“Today’s sentencing sends a clear message that companies will be held accountable for violating environmental laws and deceiving customs authorities,” said Special Agent in Charge Robert Hammer, who oversees Homeland Security Investigations (HSI) operations in the Pacific Northwest. “By falsifying import documentation, L&D Kitchen and Bath sought to gain an unfair advantage over competitors and evaded important environmental protections. We are committed to working with our partners to detect and deter such deceptive practices, ensuring that all companies adhere to the law.”

“Illegal timber trafficking threatens not only critical forest ecosystems that countless species rely on, but also undermines the legitimate timber trade in U.S. and international markets,” said Assistant Director Edward Grace of the U.S. Fish and Wildlife Service’s (USFWS) Office of Law Enforcement. “The U.S. Fish and Wildlife Service is committed to stopping transnational criminal enterprises and maintaining the integrity of the legal timber trade.”

“Customs and Border Protection is proud to work with all of our law enforcement partners to deliver appropriate consequences to those who violate the laws of our country,” said Director of Field Operations Brian Humphrey of Customs and Border Protection’s (CBP) Seattle Field Office.

HSI Seattle and the USFW Office of Law Enforcement investigated the case. The USFWS National Fish and Wildlife Forensics Laboratory conducted forensic testing. CBP also assisted with the case.

Senior Trial Attorney Patrick M. Duggan of the Environment and Natural Resources Division’s Environmental Crimes Section prosecuted the case.

Press Release by DOJ.

Two Estonian Nationals Extradited from Estonia to the United States for $575M Cryptocurrency Fraud and Money Laundering Scheme

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Administrator
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"Bitcoin Crypto Coin Stock Photo" by Crypto360 is marked with CC BY 2.0.

Two Estonian nationals will make their initial appearance in the U.S. District Court in Seattle at 5:00 p.m. EDT today following their extradition from Estonia to the United States to face criminal charges related to their roles in a massive multi-faceted cryptocurrency Ponzi scheme.

Sergei Potapenko and Ivan Turõgin, both 39, were arrested on Nov. 20, 2022, in Tallinn, Estonia, on an 18-count indictment filed in the Western District of Washington.

According to the indictment, Potapenko and Turõgin allegedly induced hundreds of thousands of victims to purchase contracts entitling them to a share of virtual currency mined by the defendants’ purported cryptocurrency mining service, HashFlare. Potapenko and Turõgin allegedly claimed HashFlare operated a massive cryptocurrency mining operation. Cryptocurrency mining is the process of using computers to generate cryptocurrency, such as Bitcoin, for profit. Potapenko and Turõgin allegedly offered contracts which, for a fee, allowed customers to rent a percentage of HashFlare’s purported mining capacity.  In exchange, HashFlare agreed to pay out the virtual currency produced by the contract holders’ portion of the operation. Between 2015 and 2019, customers from around the world allegedly entered into more than $550 million worth of HashFlare contracts.

However, HashFlare allegedly did not have the virtual currency mining equipment it professed to have and engaged in less than one percent of the Bitcoin mining activity it claimed. According to the indictment, when investors asked to withdraw their mining proceeds, Potapenko and Turõgin could not pay the investors with the mined currency they had promised. Instead, Potapenko and Turõgin either resisted making the payments or paid off the investors using virtual currency they purchased on the open market—not currency they had mined. According to the indictment, Hashflare continued offering contracts for virtual currency mining through August 2019.

In May 2017, Potapenko and Turõgin offered investments in a company called Polybius, which they said would form a bank specializing in virtual currency. Potapenko and Turõgin allegedly promised to pay investors dividends from Polybius’ profits.  Potapenko and Turõgin raised at least $25 million and used approximately $7 million of HashFlare proceeds in this scheme and allegedly transferred most of the money to other bank accounts and virtual currency wallets they and their co-conspirators controlled. Polybius never formed a bank or paid any dividends.

Victims of the defendants’ schemes paid more than $575 million to the Potapenko and Turõgin companies. Potapenko and Turõgin allegedly used shell companies and phony contracts and invoices to launder the fraud proceeds and to purchase real estate and luxury cars. The indictment alleges that the money laundering conspiracy involved at least 75 real properties, six luxury vehicles, cryptocurrency wallets, and thousands of cryptocurrency mining machines.

Potapenko and Turõgin are charged with conspiracy to commit wire fraud, 16 counts of wire fraud, and one count of conspiracy to commit money laundering. If convicted, they each face a maximum penalty of 20 years in prison on each count.

Principal Deputy Assistant Attorney General Nicole M. Argentieri, head of the Justice Department’s Criminal Division; U.S. Attorney Tessa M. Gorman for the Western District of Washington; Assistant Director Michael D. Nordwall of the FBI’s Criminal Investigative Division; and Special Agent in Charge Richard A. Collodi of the FBI Seattle Field Office made the announcement.

The FBI is investigating the case.

The United States thanks the Cybercrime Bureau of the National Criminal Police of the Estonian Police and Border Guard for its support with the investigation. The Justice Department’s Office of International Affairs provided significant investigative assistance and in securing the arrest and extradition of Potapenko and Turõgin. U.S. Customs and Border Protection also assisted in facilitating the defendants’ entrance to the United States.

Trial Attorneys Adrienne E. Rosen and David Ginensky of the Criminal Division’s Money Laundering and Asset Recovery Section and Assistant U.S. Attorneys Seth Wilkinson and Sok Jiang for the Western District of Washington are prosecuting the case. Assistant U.S. Attorney Jehiel Baer for the Western District of Washington is handling asset forfeiture aspects of the case.

Individuals who believe they may have been a victim in this case should visit www.fbi.gov/hashflare.

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.

La corresponsal Aitana Vargas recibe cuatro nominaciones del LA Press Club

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Administrator
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Vargas aspira a un premio como Periodista del Año

Phoenix (AZ) – El LA Press Club (Club de Prensa de Los Ángeles) dio a conocer hoy la lista de finalistas de la edición número 66 de los premios que otorga anualmente a los mejores trabajos periodísticos del sur de California.

Los nominados fueron elegidos entre más de 2.300 trabajos y, entre los finalistas, se encuentra la colaboradora de Investor News Aitana Vargas, que ha recibido cuatro nominaciones por sus trabajos en inglés y en español, uno de ellos copublicado por este medio, La Cronista, La Opinión y Hispanic LA.

El reportaje, titulado El Impacto Comunitario de la Policía Predictiva, está financiado con fondos de la Universidad del Sur de California (USC) y explora la correlación entre el uso de estas tecnologías por parte de la Policía de Los Ángeles (LAPD, por sus siglas en inglés) y el bienestar de las comunidades y barrios sometidos a una mayor actividad policial.

Además de su nominación en la categoría ‘Hard News Feature’ por este reportaje multimedia, la corresponsal opta a premios en otras tres categorías que incluyen Periodista del Año, Raza & Sociedad, y Género & Sociedad por trabajos difundidos en palabra., una plataforma encabezada por la Asociación Nacional de Periodistas Hispanos (NAHJ).

Lea abajo los otros trabajos nominados:

Categoría Raza & Sociedad: Las dos primeras entregas de la serie Safe to Learn: Disrupting the School-to-Prison Pipeline y School Policing: The blurred Lines of Safety.

Categoría Género & Sociedad: Trans in High School, la historia de una adolescente latina que realiza la transición de género mientras cursa estudios en una pequeña preparatoria de California.

La gala de premios tendrá lugar el 23 de junio en el histórico Biltmore Hotel, situado en el centro de Los Ángeles.

En 2022, Vargas recibió un premio del LA Press Club por la serie de investigación A Special Report: The Harrowing Impunity of White-Collar Crime, que fue publicada en este medio y que exponía la participación de la empresaria Hadari Oshri en un presunto entramado vinculado a la compra-venta de PPE (equipamiento de protección personal) durante la pandemia.

El NWU se suma al manifiesto en contra del golpismo judicial y mediático en España

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Administrator
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El Sindicato Nacional de Escritores de EE. UU. (NWU, por sus siglas en inglés) apela al espíritu democrático y al rigor periodístico y hace un llamado urgente para que las cabeceras españolas contrasten la información antes de difundir informaciones sobre cualquier dirigente o fuerza política incluyendo el Presidente español, Pedro Sánchez.

Nuestro llamado y apoyo al manifiesto en contra del golpismo judicial y mediático en España que llegó después de que El Confidencial y The Objective publicaran informaciones acusando a la esposa del mandatario, Begoña Gómez, de explotar su posición personal para forjar relaciones profesionales con distintas empresas y entidades.

A pesar de la dudosa veracidad de estas informaciones y de que una de ellas constituye un bulo confirmado, el autodenominado “sindicato” Manos Limpias y la organización HazteOir, actuando en calidad de acusación particular, se han apoyado en ellas para denunciar a Gómez por un presunto delito de tráfico de influencias.

En 2021, el líder de este “sindicato” fue condenado a varios años de cárcel por extorsión y estafa pero, en un giro inesperado, fue posteriormente absuelto por la “justicia española”.

La denuncia de Manos Limpias ha culminado en la apertura de diligencias contra la esposa de Sánchez por parte del magistrado Juan Carlos Peinado. Aún y cuando, desde hace años, el Tribunal Supremo de España prohíbe la apertura de investigaciones a partir de denuncias basadas en recortes o informaciones periodísticas que no vayan acompañadas de pruebas. La Fiscalía también ha solicitado al juez que archive esta denuncia.

No es la primera vez que, desde algunos medios españoles, se inicia una campaña dirigida a desacreditar a dirigentes políticos. Ya en el verano de 2022, el NWU denunció la paupérrima praxis periodística de la cadena española La Sexta que, con pleno conocimiento y el beneplácito de su todavía Director, Antonio García Ferreras, permitió la difusión de fake news a través de su plataforma. En aquella ocasión, las informaciones tuvieron como blanco al exdirigente de Podemos Unidas, Pablo Iglesias. Éste se enfrentó a un largo proceso judicial para lavar su nombre de las falsas informaciones ampliamente difundidas por cabeceras y medios españoles.

Asimismo, lamentamos que, esta semana, el diario El Mundo haya difundido un reportaje especial ensalzando los beneficios que los “logros” y la “obra” del dictador Francisco Franco han generado en sus descendientes a costa de casi cuarenta años de dictadura y cientos de miles de muertos.

Con el fin de velar por la integridad, la pulcritud y el rigor periodístico, desde el NWU exhortamos a los medios españoles a adherirse a la verdad en su proceso informativo y a contrastar la información antes de su publicación en pos del fortalecimiento de los valores democráticos.

Comunicado de Prensa del Sindicato Nacional de Escritores de EE. UU. (NWU).

Doctor Convicted for $5.4M Medicare Fraud Scheme

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Administrator
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A federal jury convicted a New Jersey doctor last week for causing the submission of over $5.4 million in fraudulent claims to Medicare for orthotic braces ordered through a telemarketing scheme.

According to court documents and evidence presented at trial, Adarsh Gupta, M.D., 51, of Sewell, signed thousands of prescriptions for orthotic braces for over 2,900 Medicare beneficiaries whom he was connected with by telemarketers who convinced the beneficiaries to accept unnecessary braces. After briefly speaking to the beneficiaries over the telephone, Gupta prescribed orthotic braces for them. For instance, Gupta prescribed a back brace, shoulder brace, wrist brace, and knee brace for an undercover agent after speaking with the agent for just over a minute on the telephone. In another instance, Gupta prescribed a knee brace for a Medicare beneficiary whose legs had previously been amputated. The evidence presented at trial showed that Gupta could not possibly have diagnosed the beneficiaries or determined that the braces were medically necessary during his brief telephonic encounters with them. Nonetheless, Gupta signed prescriptions for braces that falsely represented that the braces were medically necessary and that he diagnosed the beneficiaries, had a care plan for them, and recommended that they receive certain additional treatment. Gupta’s false prescriptions were used by brace supply companies to bill Medicare more than $5.4 million.

The jury convicted Gupta of three counts of health care fraud and two counts of false statements relating to health care matters. He is scheduled to be sentenced on October 8, 2024 and faces a maximum penalty of 10 years in prison on each of the health care fraud counts and five years in prison on each of the false statements relating to health care matters counts. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Principal Deputy Assistant Attorney General Nicole M. Argentieri, head of the Justice Department’s Criminal Division; Assistant Director Michael D. Nordwall of the FBI’s Criminal Investigative Division; and Deputy Inspector General for Investigations Christian J. Schrank of the Department of Health and Human Services Office of Inspector General (HHS-OIG) made the announcement.

The FBI and HHS-OIG investigated the case.

Trial Attorneys Darren C. Halverson and Sarah E. Edwards of the Criminal Division’s Fraud Section are prosecuting the case, with assistance from Assistant U.S. Attorney Kelly M. Lyons for the District of New Jersey. Trial Attorney Steven Michaels of the Special Matters Unit of the Criminal Division’s Fraud Section assisted with filter matters.

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 the 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 the DOJ.

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

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Administrator
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By Sjschen (Sjschen)
Attorney General Announces New Funding Available for Local Governments Through the 2024-2025 Tobacco Grant Program

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 nicotine, which 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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Administrator
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covid recession

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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