october 21, 2011 - the federal crimes watch daily
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Federal Criminal Defense Lawyers www.McNabbAssociates.comFriday, October 21, 2011
Veronica Sharon Cunningham Arrested Due to aFederal Indictment Alleging Health Care FraudMcNabb Associates, P.C. ( Federal Criminal Defense Lawyers )
Submitted at 11:52 AM October 21, 2011
The Federal Bureau of Investigation(FBI) on October 20, 2011 released thefollowing:“Richmond Woman Arrested for HealthCare FraudRICHMOND, VA— Veronica Sharon
Cunningham, 48, of Richmond, Va., wasarrested today on an indictment chargingher with health care fraud in connectionwith her operation of CommunityNeurological Services (CNS), a Richmondbusiness that administered IntravenousImmune Globulin (IVIG) to patientssuffering from immune deficiencydisorders.Neil H. MacBride, United States Attorney
for the Eastern District of Virginia, madethe announcement, along with MichaelF.A. Morehart, Special Agent in Chargeof the Federal Bureau of Investigation’s
Richmond Division; Jeannine A.Hammett, Acting Special Agent in Chargeof the Washington Field Office of theInternal Revenue Service-CriminalInvestigation; Nick DiGiulio, SpecialAgent in Charge, United StatesDepartment of Health and HumanServices Office of the Inspector General,Office of Investigations; and MichaelMcGill, Special Agent in Charge, SocialSecurity Administration-Office of Inspector General.
A federal grand jury in Richmondindicted Cunningham on October 4, 2011for 30 counts of health care fraud, eightcounts of making false statements inhealth care matters, a single count of failing to file a tax return for the year2006, a single count of filing a false taxreturn for the year 2005, and a singlecount using a fraudulently obtained Social
Security number in interviews withfederal agents regarding this matter.Cunningham faces a maximum penalty of 10 years on each of the health care fraudcounts, a maximum penalty of five yearson each of the health care false statementcounts, a maximum penalty of 12 monthson the failure to file tax return count, amaximum penalty of three years on thefalse tax return count, and a maximum of five years on the Social Security numbercount.The indictment alleges that Cunningham
regularly and systematically billed
insurance companies and the Medicareand Medicaid programs for IVIG notactually administered. She also allegedlyfailed to a file tax return for the year 2006,falsely reported the gross income of CNSin her 2005 tax return, and used afraudulently obtained Social Securitynumber in an interview with agents duringthe investigation.The investigation was conducted by the
Federal Bureau of Investigation,Department of Health and Human
Services-Office of Inspector General,Internal Revenue Service-CriminalInvestigation Division, and SocialSecurity Administration-Office of Inspector General. Assistant United StatesAttorney Michael C. Moore is prosecutingthe case on behalf of the United States.Indictments are only charges and not
evidence of guilt. A defendant is
presumed to be innocent until and unlessproven guilty.”————————————————————–Douglas McNabb – McNabb Associates,
P.C.’sFederal Criminal Defense Attorneys
Videos: Federal Crimes – Federal Indictment Federal Crimes – Detention Hearing————————————————————–To find additional federal criminal news,
please read Federal Crimes Watch Daily.
Douglas McNabb and other members of the U.S. law firm practice and write and/ or report extensively on matters involvingFederal Criminal Defense, INTERPOLRed Notice Removal, InternationalExtradition and OFAC SDN SanctionsRemoval.The author of this blog is Douglas
McNabb. Please feel free to contact himdirectly [email protected] or at oneof the offices listed above.
Pfizer to Pay $14.5Million for IllegalMarketing of Drug Detrol( USDOJ: Justice News )
Submitted at 9:57 AM October 21, 2011
American pharmaceutical company PfizerInc. has agreed to pay $14.5 million toresolve False Claims Act allegationsrelated to its marketing of the drug Detrol.
Justice Department Sues U.S.
FDA Employee and FormerN.Y. Corrections Official toBlock Alleged Tax-FraudScheme( USDOJ: Justice News )
Submitted at 9:45 AM October 21, 2011
The United States has sued RodneyChestnut and Nafeesah Hines to bar themfrom promoting an alleged tax fraudscheme.
U.S. v. Wayne Kepple( Antitrust Division: Upcoming Public Hearings ) Submitted at 8:09 AM October 21, 2011
Arraignment/bail hearing has beenscheduled for November 4, 2011 at 10:00
a.m. EasternEntry of guilty plea has been scheduled
for November 4, 2011 at 1:30 p.m.Eastern
U.S. v. Lin, et al.( Antitrust Division: Upcoming Public Hearings )
Submitted at 8:09 AM October 21, 2011
Pre-trial conference has been rescheduledfor December 13, 2011 at 3:30 p.m.Pacific.Trial has been rescheduled for January 9,
2012 at 8:30 a.m. Pacific
U.S. v. Timothy Powers( Antitrust Division: Upcoming Public Hearings )
Submitted at 8:36 AM October 21, 2011
Arraignment/bail hearing is scheduled forDecember 14, 2011 at 9:30 a.m. Pacific.
Change of plea hearing is scheduled forDecember 14, 2011 at 2:30 p.m. Pacific.
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2 Federal Criminal Defense Lawyers
Two Indicted for Alleged Conspiracy to ProvideMaterial Support to TerroristsMcNabb Associates, P.C. ( Federal Criminal Defense Lawyers )
Submitted at 10:28 AM October 21, 2011
The Federal Bureau of Investigation(FBI) on October 20, 2011 released thefollowing:“WASHINGTON— Ali Charaf Damache,an Algerian man who resided in Ireland,and Mohammad Hassan Khalid, aPakistani citizen and U.S. lawfulpermanent resident who resided inMaryland, have been charged withconspiracy to provide material support toterrorists in a superseding indictmentreturned today in the Eastern District of Pennsylvania.
The charges were announced by LisaMonaco, Assistant Attorney General forNational Security; Zane David Memeger,U.S. Attorney for the Eastern District of Pennsylvania; and Mark Giuliano,Executive Assistant Director of the FBI’sNational Security Branch.Damache, aka “Theblackflag,” 46, ischarged in the superseding indictmentwith one count of conspiracy to providematerial support to terrorists and onecount of attempted identity theft tofacilitate an act of international terrorism.Damache was arrested by authorities in
Ireland in March 2010 where he iscurrently being held on unrelated charges.The United States intends to seek hisextradition from Ireland to stand trial inthe Eastern District of Pennsylvania. If convicted of the charges against him inthe superseding indictment, Damachefaces a potential sentence of 45 years inprison.Khalid, aka “Abdul Ba’aree ‘Abd Al-Rahman Al-Hassan Al-Afghani Al-Junoobi W’at-Emiratee,” 18, is charged inthe superseding indictment with one count
of conspiracy to provide material supportto terrorists. Khalid was arrested in EllicotCity, Md., on July 6, 2011, and iscurrently in custody in the Eastern Districtof Pennsylvania. If convicted of thecharge against him in the supersedingindictment, Khalid faces a potentialsentence of 15 years in prison.“Today’s indictment, which alleges aterrorist conspiracy involving individualsaround the globe who connected via theInternet—including a teenager and twowomen living in America—underscoresthe evolving nature of violent extremism.”
said Assistant Attorney General Monaco.“I thank the many agents, analysts, andprosecutors who helped bring about thiscase.”“Protecting the citizens of the UnitedStates from acts of terrorism is one of the
highest priorities of the Department of Justice,” said U.S. Attorney Memeger.“This case demonstrates that we must
remain vigilant within our communities tomake sure that we bring to justice thoseterrorists, of any age or background, whoseek to do great harm to our citizens.”“This investigation highlights the diversethreat environment we face today,” saidFBI Executive Assistant DirectorGiuliano. “As revealed in this case,individuals used the Internet to furthertheir radicalization and contribute to theradicalization of others. The FBI iscommitted to disrupting individual andgroup plots and doing so in close
coordination with our law enforcement,intelligence and private sector partners.”The indictment alleges that, from about2008 through July 2011, Damache andKhalid conspired with Colleen R. LaRose,Jamie Paulin Ramirez, and others toprovide material support and resources,including logistical support, recruitmentservices, financial support, identificationdocuments and personnel, to a conspiracyto kill overseas. LaRose, aka “FatimaLaRose,” aka “Jihad Jane,” pleaded guiltyin February 2011 in the Eastern District of Pennsylvania to conspiracy to provide
material support to terrorists, conspiracyto kill in a foreign country, falsestatements, and attempted identity theft.Ramirez pleaded guilty in the EasternDistrict of Pennsylvania in March 2011 toconspiracy to provide material support toterrorists.According to the indictment, Damache,Khalid and others devised and coordinateda violent jihad organization consisting of men and women from Europe and theUnited States divided into a planningteam, a research team, an action team, a
recruitment team and a finance team;some of whom would travel to South Asiafor explosives training and return toEurope to wage violent jihad.The indictment alleges that Damache,Khalid, LaRose, and others recruited menonline to wage violent jihad in South Asiaand Europe. In addition, Damache,Khalid, LaRose, and others allegedlyrecruited women who had passports andthe ability to travel to and around Europein support of violent jihad. The indictmentfurther alleges that LaRose, Paulin-Ramirez, and others traveled to and
around Europe to participate in andsupport violent jihad; and that Khalid andLaRose and others solicited funds onlinefor terrorists.For example, the indictment alleges thatin July 2009, Damache sent an electronic
communication using the username“Theblackflag” to Khalid, asking Khalidto recruit online “some brothers that can
travel freely . . . with eu passports . . ..[A]nd I need some sisters too.” Damachealso allegedly advised Khalid that “sisterfatima will be charge of other sister care .. . . [W]e have already organized everything for her. . . .” The indictment furtheralleges that Paulin-Ramirez marriedDamache on the day she arrived with herminor child in Europe to live and trainwith jihadists, even though she had nevermet Damache in person, and that, whileliving together in Europe, the couplebegan training Ramirez’s minor child in
the ways of violent jihad.Among other things, the indictmentfurther alleges that, in July 2009, Khalidposted or caused to be posted an onlinesolicitation for funds to support terrorismon behalf of LaRose and later sentelectronic communications to multipleonline forums requesting the deletion of all posts by LaRose after she wasquestioned by the FBI. In August 2009,Khalid allegedly sent a questionnaire toLaRose in which he asked anotherpotential female recruit about her beliefsand intentions with regard to violent jihad.
In addition, Khalid allegedly receivedfrom LaRose and concealed the locationof a U.S. passport that she had stolen fromanother individual. This case wasinvestigated by the FBI’s Joint TerrorismTask Force in Philadelphia, and the FBIField Divisions in New York, Denver,Washington, D.C., and Baltimore.Authorities in Ireland also providedassistance in this matter.The case is being prosecuted by AssistantU.S. Attorney Jennifer Arbittier Williams,in the Eastern District of Pennsylvania,
and Matthew F. Blue, Trial Attorney fromthe Counterterrorism Section of theJustice Department’s National SecurityDivision. The Office of InternationalAffairs in the Justice Department’sCriminal Division also providedassistance.The charges contained in an indictmentare mere allegations and defendants arepresumed innocent unless and untilproven guilty.”————————————————————–Douglas McNabb – McNabb Associates,
P.C.’sFederal Criminal Defense AttorneysVideos: Federal Crimes – Federal Indictment
Federal Criminal
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3Federal Criminal Defense Lawyers
F.B.I. Scrutinized for Amassing Data onAmerican CommunitiesMcNabb Associates, P.C. ( Federal Criminal Defense Lawyers )
Submitted at 8:38 AM October 21, 2011
The New York Times on October 20,2011 released the following:“By CHARLIE SAVAGEWASHINGTON — The Federal Bureauof Investigation has collected informationabout religious, ethnic and national-origincharacteristics of American communities,according to internal F.B.I. documentsmade public by the American CivilLiberties Union on Thursday. Citing thematerials, the group urged the JusticeDepartment to tighten restrictions onF.B.I. powers.
The documents show that in recent years,agents identified Arab-American andMuslim communities in Michigan as apotential terrorist recruitment ground;noted an increase in the African-Americanpopulation of Georgia when analyzing“Black Separatist” groups; identifiedChinese and Russian communities in SanFrancisco as a place to look for organizedcrime syndicates; and highlighted Latinocommunities as potentially harboring theCentral American gang MS-13.In a letter to Attorney General Eric H.Holder Jr., the A.C.L.U. asserted that the
documents showed that “the F.B.I. isillegally and unconstitutionally” targetingpeople for investigation based on theirrace or religion. It asked Mr. Holder to baragents from considering this kind of factor; current rules forbid the use of raceor ethnicity unless describing a particularsuspect, but contain a broad exception fornational security or border-relatedinvestigations.The F.B.I., however, said agents weredoing their jobs by analyzing potentialthreats within their areas of responsibility.
It said that the bureau was obeying rulesbarring investigative activity based“solely” on religion, race or ethnicity, butthat such factors could help identifyparticular threats as well as potentialvictims.“Certain terrorist and criminal groups arecomprised of persons primarily from aparticular ethnic or geographiccommunity, which must be taken intoaccount when trying to determine if thereare threats to the United States,” saidMichael P. Kortan, an F.B.I. spokesman.The files, obtained by the A.C.L.U. under
the Freedom of Information Act, wereproduced by F.B.I. field offices as part of a strategy the F.B.I. calls “domain
awareness.” That strategy has been centralto the decade-long effort to transform thebureau into a domestic intelligence agencythat seeks to uncover potential threats anddisrupt them before they can reachfruition. This effort grew out of the failureto prevent the terrorist attacks of Sept. 11,2001.Civil liberties groups say the JusticeDepartment has gone too far in looseningrestrictions on its powers.An F.B.I. manual on investigativeguidelines issued in 2008 by Michael B.
Mukasey, then the attorney general, tellsagents not to engage in racial profiling,but authorizes them to use religion orethnicity as a factor — as long as it is notthe only one — when selecting subjectsfor scrutiny. (The F.B.I. issued a revisedmanual to agents on Oct. 15, but has notyet made it public. An official said thatthe revised manual expanded by severalpages a section describing what agentsmay and may not do in mappingcommunities, but that it provided greaterdetail, not substantive changes.)In a conference call, Hina Shamsi, the
director of the A.C.L.U.’s NationalSecurity Project, said the documentsshowed that the loosened rules had led toan “extremely pernicious” practice of ascribing propensity to crimes to peoplebased on their ethnicity or religion.“It’s counterproductive because italienates local communities from theirgovernment, and it also sends the messagethat the government views prejudice asacceptable,” she said.Michael German, a former F.B.I. agentwho now works for the A.C.L.U.,
connected the ethnic mapping to acontroversy over F.B.I. training andreference materials, first reported byWired magazine, that portrayed allMuslims as having a proclivity forterrorism. The A.C.L.U. releasedadditional such materials; the bureaupromised last month to review its trainingand reference materials that refer toculture or religion.Mr. German said the racial mappingdocuments and the disputed trainingdocuments showed a common “theme of mass suspicion of an entire group based
on racial characteristics or religion.” Hesaid the trained agents might be“predisposed to treating everyone from a
particular group as suspect.”The A.C.L.U. also said that since 2008,agents had been authorized to begin low-level investigations, called assessments, of a person or a group without having anyprior factual basis for suspecting the targetof wrongdoing. The rights group alsoasked Mr. Holder to eliminate thatauthority, and it released an F.B.I.document shedding new light on the scopeof the information that agents collect in anassessment.The document showed that agents were
told to identify a target’s phone numbers,addresses and e-mail accounts and seewhether they turned up anything insearches of law enforcement andintelligence databases; collectinginformation about the target’s job,including access to hazardous materials;uncovering a target’s overseas travelhistory for the past year; looking forlicenses for things like firearms orexplosives; and scrutinizing any otheradults the target lives with.”————————————————————–
Douglas McNabb – McNabb Associates,P.C.’sFederal Criminal Defense AttorneysVideos: Federal Crimes – Be Careful Federal Crimes – Be Proactive Federal Crimes – Federal Indictment Federal Crimes – Detention Hearing Federal Mail Fraud Crimes————————————————————–To find additional federal criminal news,please read Federal Crimes Watch Daily.
Douglas McNabb and other members of the U.S. law firm practice and write and/ or report extensively on matters involvingFederal Criminal Defense, INTERPOLRed Notice Removal, InternationalExtradition and OFAC SDN SanctionsRemoval.The author of this blog is DouglasMcNabb. Please feel free to contact himdirectly [email protected] or at oneof the offices listed above.
U.S. v. Danfoss Flensburg GmbH( Antitrust Division: Upcoming Public Hearings )
Submitted at 8:09 AM October 21, 2011
Arraignment/bail hearing has been
scheduled for December 7, 2011 at 1:30p.m. Eastern
U.S. v. Jorge Wong( Antitrust Division: Upcoming Public Hearings )
Submitted at 8:09 AM October 21, 2011
Status hearing has been scheduled forApril 18, 2012 at 2:30 p.m. Pacific
Federal Criminal Antitrust
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4 Federal Criminal Defense Lawyers
TWOcontinued from page 2
Federal Crimes – Detention Hearing————————————————————–To find additional federal criminal news,please read Federal Crimes Watch Daily.Douglas McNabb and other members of
the U.S. law firm practice and write and/ or report extensively on matters involvingFederal Criminal Defense, INTERPOLRed Notice Removal, International
Extradition and OFAC SDN SanctionsRemoval.The author of this blog is DouglasMcNabb. Please feel free to contact himdirectly [email protected] at one
of the offices listed above.
U.S. v. Hitachi-LG DataStorage, Inc.( Antitrust Division: Upcoming Public Hearings )
Submitted at 8:09 AM October 21, 2011
Change of plea has been scheduled forNovember 8, 2011 at 2:30 p.m. Pacific
U.S. v. Allen French( Antitrust Division: Upcoming Public Hearings )
Submitted at 8:09 AM October 21, 2011
Sentencing hearing has been scheduledfor April 11, 2012 at 1:00 p.m. Central
U.S. v. M&B Builders,LLC( Antitrust Division: Upcoming Public Hearings )
Submitted at 8:09 AM October 21, 2011
Sentencing hearing has been scheduledfor January 19, 2012 at 1:00 p.m. Central
U.S. v. Thomas Legault( Antitrust Division: Upcoming Public Hearings )
Submitted at 8:09 AM October 21, 2011
Status hearing has been scheduled forApril 18, 2012 at 2:30 p.m. Pacific
U.S. v. Eric Larsen( Antitrust Division: Upcoming Public Hearings )
Submitted at 8:09 AM October 21, 2011
Change of plea has been scheduled forNovember 30, 2011 at 2:30 p.m. Pacific
U.S. v. Brian McKinzie( Antitrust Division: Upcoming Public Hearings )
Submitted at 8:09 AM October 21, 2011
Change of plea has been scheduled forNovember 23, 2011 at 1:30 p.m. Pacific
Antitrust