DoJ: National Healthcare Fraud Takedown

In what the Justice Department is calling the largest takedown of healthcare fraud in U.S. history, federal authorities on Wednesday brought charges against 301 people for $900 million in false billings.

Among those charged includes 61 doctors, nurses, and other licensed medical professionals who, among other crimes, allegedly committed money laundering, identity theft, and Medicare Part D pharmacy fraud. Across the country, 23 states and 36 federal districts coordinated with the Justice Department and the Department of Health and Human Services to go after the alleged fraud schemes.

The defendants allegedly submitted Medicare and Medicaid claims the Justice Department said “were medically unnecessary and often never provided.” Some of the defendants were paid kickbacks for providing information for fraudulent bills. At least 28 doctors were among those charged on Wednesday. More from Atlantic.

 

Lynch/Justice Department: Good morning everyone and thank you all for being here.  I am joined by several key leaders in our nation’s efforts to address health care fraud: Department of Health and Human Services Secretary [Sylvia] Burwell; Assistant Attorney General for the Criminal Division [Leslie] Caldwell; United States Attorney [Wifredo] Ferrer of the Southern District of Florida; FBI Associate Deputy Director [David] Bowdich; HHS Deputy Inspector General for Investigations [Gary] Cantrell; DCIS Acting Director [Dermot] O’Reilly; and [Shantanu] Agrawal, Deputy Administrator and Director of the Center for Program Integrity at the Centers for Medicare and Medicaid Services.

We are here today to announce a significant step in the federal government’s ongoing work to keep our nation’s health care system free of fraud and exploitation and to ensure that taxpayer dollars are used lawfully and appropriately.  Over the last three days, the Medicare Fraud Strike Force – a joint effort between the Department of Justice and the Department of Health and Human Services – executed a significant nationwide health care fraud takedown.  This action involved charging or unveiling charges against  approximately 300 defendants in 36 federal districts for their alleged participation in a variety of schemes involving more than $900 million in fraudulent billings, making this the largest takedown in the Strike Force’s nine-year history.

The defendants named in these charges include doctors, nurses, pharmacists, physical therapists and home health care providers.  They are accused of a wide range of serious crimes, from conspiring to commit health care fraud to making false statements and from bribery to money laundering.  They submitted dishonest claims, charged excessive fees and prescribed unnecessary drugs.  One group of defendants controlled a network of clinics in Brooklyn that they filled with patients through bribes and kickbacks.  These patients then received medically unnecessary treatment, for which the clinic received over $38 million from Medicare and Medicaid – money that the conspirators subsequently laundered through more than 15 shell companies.  In another case, a Detroit clinic billed Medicare for more than $36 million, even though it was actually a front for a narcotics diversion scheme.  And yet another defendant took advantage of his position in a state agency in Georgia by accepting bribes and recommending the approval of unqualified health providers.  These are just a few examples of the criminals that we targeted in this operation and although the specific nature of their wrongdoing varied from case to case, all of them betrayed the basic principles of their professions.

In addition to the usual patterns of fraud and deception that we’ve encountered in the past, we also saw new trends emerging in this year’s charges.  For instance, in a number of cases involving the Medicare prescription drug benefit program known as Part D, we saw new evidence of identity theft, including the use of stolen doctors’ IDs to prepare fake prescriptions.  We have also seen a growing number of cases involving compounded medications, which are combinations of two or more drugs prepared by a licensed professional.  In recent years, the cost of these drugs has grown exponentially, making them a more attractive target for criminals looking to exploit them for profit.

As this takedown should make clear, health care fraud is not an abstract violation or benign offense.  It is a serious crime.  The wrongdoers that we pursue in these operations seek to use public funds for private enrichment.  They target real people – many of them in need of significant medical care.  They promise effective cures and therapies, but they provide none.  Above all, they abuse basic bonds of trust – between doctor and patient; between pharmacist and doctor; between taxpayer and government – and pervert them to their own ends.  The Department of Justice is determined to continue working to ensure that the American people know that their health care system works for them – and them alone.

In tackling these challenges, the Medicare Fraud Strike Force relies on close cooperation between the federal, state and local, governments.  Since 2014, the Justice Department’s Criminal Division has organized an annual National Health Care Fraud Training Conference for Assistant U.S. Attorneys and state and federal law enforcement officers, which has substantially expanded the reach of our actions.  More than 20 non-Strike Force U.S. Attorney’s Offices participated in this year’s takedown, helping us to combat health care fraud in a total of 30 federal districts nationwide, from Alaska to Florida.  We were also assisted by approximately 20 state Medicaid Fraud Control Units, a reflection of the close partnership between state and federal authorities in combatting health care fraud – a partnership that we will continue to strengthen in the days ahead.

I want to thank my colleagues in the FBI, the Criminal Division and U.S. Attorneys’ Offices for their ongoing efforts to combat health care fraud.  I want to thank all of the state and local law enforcement officers across the country who participated in this complex and fast-moving takedown.  And I look forward to continuing our work together in the days ahead.

At this time, I’d like to turn things over to Secretary Burwell, who has been a dedicated leader and indispensable partner in this critical work and who will provide additional details on today’s announcement.

Here is One That Should Have Received a Visa, But…

Athens, Greece – Working for the US Army in Afghanistan can get you killed, but there’s a silver lining.

  

The US Army offers its Afghan translators the right to request the Special Immigration Visa (SIV). It’s a program initiated by the US to help certain foreign employees leave their home countries and get on a path to permanent residency in the states—usually for protection from groups like the Taliban. For the last four years, the program has been renewed in the National Defense Authorization Act. This year, however, both the House of Representatives and the Senate failed to vote for the allocation of more visas, which could imperil remaining applicants.

Through that program, Muhammad, a former US Army translator in Afghanistan that I met in the port of Piraeus, Greece, should already be in the US. But like several other forgotten Afghan translators who served the United States, his visa has not come through. After being laid off by his army base in 2014, Muhammad fell into a bureaucratic gap between the United States’ promises to its employees in Afghanistan, and its rocky attempt to withdraw from the country.

Muhammad applied for the SIV in 2014. He was rejected in May 2015. According to the rejection email, his application was ruled invalid on the grounds of “Lack of faithful and valuable service.” Muhammad says that’s because he was fired—but not for lack of faithfulness or value. 2014 was simply the year that the Obama administration started closing army bases, in an early phase of withdrawal from Afghanistan. With fewer bases and fewer troops, fewer translators were needed. Muhammad was downsized by government contractor Mission Essential.

So in January 2016, he decided to make a go of it on his own. He paid $5,500 in smuggling fees to be trafficked from Afghanistan to Iran, from Iran to Turkey, and then from Turkey to Greece. By the time he arrived in the port of Piraeus in March, the 22-year-old’s life had been reduced to the phone in his pocket, the clothes on his back, and a sheaf of papers from his job with the United States Army.

His service and his perfect English together, in theory, put him in a better position than most refugees, but because he is Afghan, he isn’t even eligible for any of the expedited European relocation measures that the Syrian and Iraqi refugees sheltering in the port can claim.

Today he lives in limbo in a tent outside the port’s E1 terminal, where he can watch the Greek ferries come and go, bearing tourists to their summer holidays.

A life-threatening profession

Muhammad says that he was well aware his job translating between US and Afghan forces in the city of Khost came with a death sentence from Taliban insurgents, who oppose the current government and US intervention. He never told anyone, not even his family, what he did for a living.

“I was trying to keep a low profile,” he says, sitting cross-legged next to a ship bollard in the port. He forks a clump of rice from crinkled plastic tray on the ground in front of him. If anyone asked about his work in Afghanistan, he says, he told them he was going to school. These days, he’ll tell anyone who’ll listen.

In an Oct. 2014 episode of Last Week Tonight, US comedian John Oliver highlighted the bureaucratic nightmare that Iraqi and Afghan translators have to deal with in applying for an SIV—and the US system’s inability to take into account individual circumstances and dangers. One Afghan translator interviewed by Oliver had to wait three years and four  months between applying for his SIV and arriving in the United States. In that time, the Taliban killed his father and kidnapped his younger brother.

In April 2016, Muhammad met someone who nearly met a similar fate: another former Afghan translator for the US army named Ahmad. Until Jan. this year, 25-year-old Ahmad worked for the US army in Jalalabad, Afghanistan. Knowing the dangers of his job, he applied for his SIV in 2014, but the paperwork moved slowly. He went back to work on the base.

In Dec. 2015, Ahmad’s family in Kabul received a letter from the Taliban, which threatened to kill his parents if he kept working for American troops. The next month, in January 2016, Ahmad decided he could not wait for a visa any longer, and decided to flee Afghanistan with his younger brother. They paid smugglers nearly $11,000, and got as far as Piraeus. Like Muhammad, the two brothers now camp in the port. Ahmad has not yet tried to restart his visa application process.

The SIV process has five basic steps, which include several phases of petition and permission before actually applying for the visa. The State Department estimates that this entire process takes 357 business days—but clearly, it can also take much longer.

“The single biggest cause for delay is security checks,” says Betsy Fisher, policy director at the International Refugee Assistance Project (IRAP), which provides legal assistance to refugees. A puzzling problem, considering that anyone who has worked as a translator on a US army base in a conflict zone, has already undergone extensive security checks, including periodic polygraph tests.

Those who make it to the United States…

With patience, some Afghan translators do make it to the United States. Hamed, who asked to go by his first name only, is a former translator who worked for the US Army in the provinces of Khost and Paktika between 2010 and 2015. He began his SIV application in 2012. His application was approved the next year, but he did not receive his visa until early 2015. Luckily, he and his family survived the wait.

“I told them I want to leave as quick as possible,” Hamed told Quartz about the sense of urgency he felt after multiple threats due to his work for the Army. When he got word one night that he was finally cleared to leave, he says, he was so overcome with joy that he couldn’t sleep. In May 2015, he and his family boarded a plane to the United States.

But their departure has not had an entirely happy ending. In Afghanistan, Hamed’s wife was in her last semester of law school in Afghanistan, but they left before she could finish. Hamed has a degree in information technology, but in Woodbridge, Virginia, where they now reside, he has only been able to find a job in fast food.

…and those who don’t

Today, fewer than 4,000 SIV visas are still available, according to Fisher. Roughly 10,000 SIV applicants are currently waiting for a decision.

With the Balkan route that saw a million refugees work their way into Europe in 2015 effectively shut down, Muhammad and Ahmad’s only options are to wait, apply for asylum in Greece, or go home again. Asylum in Greece is not an option, says Muhammad. “This is not a country which can bear refugees,” he says of its record-high unemployment and the economically paralyzing effects of austerity. “Greeks already have too many problems.”

Despite being stonewalled by US immigration authorities, he carries with him at all times proof of his years of army service: copies of letters of recommendation from two sergeants he worked for, as well as certificates commending his work—just in case they might come in handy.

“I have no idea what to do,” he says.

1.0 Million Green Cards to be Issues by DHS

1M Immigrants From Muslim Countries Admitted During Obama’s Presidency

The Obama Administration is on track to issue 1 million green cards to immigrants from countries where Muslims are in the majority, according to an analysis of Department of Homeland Security data released Friday.

According to the DHS Yearbook of Immigration Statistics, green cards were issued to 832,014 people from Muslim-majority countries in the first six fiscal years of the Obama administration, from fiscal years 2009-2014, the Senate Subcommittee on Immigration and the National Interest report shows.

In addition, the numbers of green cards increased dramatically in the last two fiscal years of the report, for 2013 and 2014. The records show that 117,423 green cards were issued in fiscal year 2013, compared to 148,810 in fiscal year 2014, for an increase of nearly 27 percent.

The reports show that in the first six fiscal years President Barack has held office, the United States issued green cards to an average of 138,669 migrants from Muslim-majority countries every year, and if the trends continue, the United States will have issued green cards to at least 1.1 million migrants from such countries by the time Obama leaves office in January.  Read more here from NewsMax.

 

The vetting for migrants and refugees is performed by the UN High Commission for Refugees. The UNHCR operates in panic mode, simply rubber-stamping approval due to volume. So, let’s make a movie.

Stars ask you to stand #WithRefugees

More than 60 stars of film, TV and music have joined refugees, faith leaders and UNHCR to back a petition highlighting the plight of forcibly displaced people.

 

GENEVA, June 16 (UNHCR) – More than 60 stars from the worlds of film, TV and music joined refugees, faith leaders and UN Refugee Agency staff today to urge you to stand #WithRefugees and sign a petition on behalf of the world’s forcibly displaced.

The petition aims to gather public support for the growing number of families forced to flee conflict and persecution worldwide, who currently face heightened anti-refugee rhetoric coupled with greater restrictions to asylum.

It calls on governments to ensure every refugee child gets an education; that every refugee family has somewhere safe to live, and can work or learn skills to make a positive contribution to their community.

Despite the fact that the FBI and CIA director have said that Syrian refugees cannot be screened properly, Barack Obama has put the program to resettle Syrian refugees in the country on the fast track.

The AP reported that so far only about 1,000 Syrian families have been brought to the US but that was because the process took 18 to 24 months.  The US now has a speeded up “surge operation” in place.

“The 10,000 (figure) is a floor and not a ceiling, and it is possible to increase the number,” Kassem told reporters. High-risk groups are given priority to include unaccompanied minor, victims of torture and gender-based violence. The UNHCR insists that the US resettle 65,000 Syrian refugees. 

In part from FNC: The danger posed by people coming from terrorism-infested regions has been a hotly contested issue, as is the potentially outsized impact on the small American communities often called upon to receive them. What does not appear in doubt is the hefty price tag, which is projected to total some $644 million over those refugees’ first five years in the United States.

Unlike other classes of immigrants, refugees are immediately eligible for a full range of welfare benefits.

The figure comes from an analysis performed by the Center for Immigration Studies, which looked at processing and administrative costs of the federal agencies, money for assistance provided to refugees directly or through federally funded nonprofit organizations and consumption of government-assistance programs. Unlike other classes of immigrants, refugees are immediately eligible for a full range of welfare benefits.

Camarota, director of research for the Washington-based think tank, estimated costs of the federal welfare programs by examining five-year usage rates contained in a report by the Office of Refugee Resettlement. The most recent figures, show usage rates for welfare programs by refugees from the Middle East that are even higher for most programs than when Camarota first wrote the report.

Refugees from the Middle East use those programs at rates that far exceed participation by refugees from any other region. In five of seven programs, the percentage of Middle Eastern refugees participating are higher than those of refugees from Africa, the region with the next-highest usage rates. In some cases, the rates are substantially higher. Nearly nine in 10 were on food stamps, for instance, compared with 80 percent of African refugees.

“The Middle East really stands out,” said Camarota, who speculated that the disparity might be due to deficiencies in eduction, English proficiency or job skills. “There’s something special about Middle Easterners in the cost of these programs.”

The Office of Refugee Resettlement Report, however, indicates that Middle Easterners arrived with better English skills and more education than those from other parts of the world.

If the latest participation figures hold up for the Syrians admitted between Oct. 1 last year and Sept. 30 this year, Camarota’s five-year cost projection — $64,370 per person and $257,481 per household — may be low-ball estimates.

Ira Mehlman, a spokesman for the Federation of American Immigration Reform, said it would be more cost-effective for the United States to provide financial assistance to Jordan and Turkey, which are housing the bulk of refugees who fled war-torn Syria. Those refugees also would have an easier time returning home after the fighting ends.

“In terms of helping people, you get far more for your money helping people close to where they live,” he said. Read more details here.

 

 

This is the End of Integrity for the VA

Curious, but factual, it comes down to protecting the unions at the VA. Some locations operate with four unions, while the larger VA facilities have five unions, the worst being SEIU.

This is the reason, the Department of Justice is protecting legal actions at the VA and wont allow the FBI to do deeper investigations for fraud, waste and corruption. Need more proof?

Top VA benefits official Pummill retires

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AirForceTimes: Danny Pummill, who took over the post last October, said in a letter to VBA employees that he had planned to retire from his deputy post in 2015 but remained on the job after being asked to oversee the agency. The retired Army colonel has worked at VA since 2010.

The job of overseeing $90 billion in veterans benefits and dozens of regional offices nationwide now falls to acting principal deputy undersecretary Tom Murphy, who has been serving in that role since Pummill’s promotion last fall.

Pummill was suspended for two weeks in March for “lack of oversight” in a relocation scandal involving two other high-ranking VA administrators, a reprimand that irritated some lawmakers who wanted harsher punishment for what appeared to be unwarranted promotions for longtime bureaucrats. Read full summary here.

 

VA won’t use its fast-track firing powers anymore

MilitaryTimes: Veterans Affairs officials will stop using streamlined disciplinary powers to punish senior department executives after another legal challenge to the congressionally backed process, Capitol Hill officials said Friday.

The move all but resets VA accountability rules to two years ago, when the expedited removal authority was approved by lawmakers in the wake of the department’s wait times scandal.

It also provides new urgency for a series of VA-related accountability bills stalled in Congress, given elected officials’ belief that department leaders have not been aggressive enough in dealing with misbehavior and possible criminal activity among VA employees.

Senate Veterans’ Affairs Committee Chairman Johnny Isakson, R-Ga., called the department’s decision infuriating.

“It is outrageous and unconscionable that the VA is choosing to blatantly ignore all of the accountability reforms set in place by the Veterans Choice Act,” he said. “Two years ago, veterans were forced to wait far too long for care because of incompetent executives. Since then, we’ve seen scandal after scandal emerge at the department.

“While some progress has been made to hold bad actors accountable, there is still a long way to go and choosing to ignore these key reforms is a slap in the face to our veterans.”

VA leaders have long complained about the value of the new disciplinary powers, noting that as written they apply only to a small segment of department employees — senior executives — and create problematic legal questions about appeals.

Only a few individuals have been disciplined under the rules, and the Merit Systems Protection Board has overturned proposed punishment in several other cases.

Earlier this month, U.S. Attorney General Loretta Lynch said the new law speeding up executive firings is unconstitutional because it does not afford those workers proper appeals. The VA decision to dump the entire accountability process passed in 2014 comes as a direct result of that Justice Department stance.

Isakson said the announcement should be seen as a call for Congress to act quickly on new legislation.

“I am not going to stand by and watch the VA continue to look the other way while another one of its own gets away with egregious misconduct at the expense of veterans’ access to quality care and services,” he said.

Earlier this year Isakson introduced a sweeping veterans reform measure which includes new disciplinary rules, including a provision to requiring all appeals by executives to be heard by the VA secretary, and not an outside arbiter.

It would also grant other expedited firing and hiring authorities for more VA employees, and shorten the appeals process for every VA worker.

VA leaders have voiced support for the bill. Federal union officials have have objected to the provisions as too harsh, while congressional critics have labeled the plan too lenient. Isakson had hoped to move the measure through his chamber last month, but the legislation has remained stalled.

House lawmakers last summer passed a new VA accountability act along party lines, with revised whistleblower protections and different appeals provisions. That legislation has yet to move in the Senate.

VA leaders have repeatedly stated that they take disciplinary issues seriously, but also don’t see demotions and dismissals as the only way to improve service throughout the department.

Earlier this year, VA Secretary Bob McDonald told lawmakers that more than 2,600 department employees have been dismissed since he assumed office in August 2014, but lawmakers have questioned whether that figure shows an increase in accountability or normal turnover for the 300,000-plus-person bureaucracy.

G4S Secure Solution Facts, BP, Orlando Terrorist

Omar’s Facebook posts are here. Yet there is also reference to the BP oil spill from ABC News.

PHOTO: Omar Mateen is seen working as a security guard in the documentary The Big Fix in 2012.
The Big Fix, Omar Mateen is seen working as a security guard in the documentary “The Big Fix” in 2012.

Also today, video footage emerged of a disgruntled Mateen working as a security guard in 2010, in “The Big Fix,” a documentary about the BP oil spill.

“No one gives a [expletive] here,” he tells an undercover reporter. “Like, everybody’s just out to get paid. They’re, like, hoping for more oil to come out and more people to complain so they’ll have a job.”

BizPac: Mateen applied to be a part of a six-month law enforcement academy at the Indian River State College’s Criminal Justice Institute in his hometown of Fort Pierce, his demeanor so concerned them that they reported him to the Florida Department of Law Enforcement, according to a source who spoke to the Daily Mail.

Security Firm Moved Mateen After Al Qaeda Boast, But Didn’t Fire Him

NBC News has learned that the security firm that employed Orlando shooter Omar Mateen concluded his inflammatory comments while an armed guard in 2013 were serious enough to transfer him to an unarmed position and to conduct a special background check to see if he had become a problem employee.

But the company, G4S Secure Solutions USA Inc., apparently did not pursue the issue of whether Mateen should continue to serve as a guard after a check of local, state and national criminal databases showed he had a clean record, a G4S spokesman told NBC News. The company apparently also did not take away his company-issued service weapon, a .38 handgun.

Mateen ID

That decision, coupled with the fact that Mateen underwent three separate inquiries by the FBI in 2013 and 2014, raises questions about whether G4S — the U.S. subsidiary of one of the world’s largest security firms – properly vetted Mateen in the years before Sunday’s mass shooting at the Pulse nightclub that killed 49 people and injured more than 50 others.

 

 

 

 

 

 

Graphics below by Reuters:  For a full summary of events crafted by Reuters, go here.

 

The company official acknowledged in an interview with NBC News that it is now conducting a thorough internal inquiry to determine if it missed any warning signs that should have prompted it to take away Mateen’s company-issued service weapon and to either discipline or fire him.

“Of course as any decent company would in the wake of an incident like this, G4S is closely reviewing everything that happened to see if there is anything it could have done better and if there are any lessons to be learned,” the spokesman said, speaking on the condition of anonymity per G4S company policy. “At the same time the company believes that what Omar Mateen did was in no way correlated with his employment at G4S.”

Mateen worked at G4S from 2007 until the time of Sunday’s shooting, and the company said he had undergone – and passed – an extensive background check when he was hired.

The G4S spokesman said the firm has investigated some of the most serious allegations against Mateen, in which former G4S security guard Daniel Gilroy has claimed that his former colleague at the PGA Village resort in Port St. Lucie was a ticking time bomb who talked of killing other people and went on angry rants.

Gilroy, a former police officer, has told NBC News and other media outlets that he complained repeatedly about Mateen to supervisors at G4S but that they ignored his concerns and his requests for a transfer. Ultimately, Gilroy said, he quit rather than have to face Mateen, who he said threatened him in a barrage of angry text messages even after he left the job.

But the G4S official said the company has done a thorough scrub and found no record of emails, phone calls or conversations in which Gilroy complained to superiors. He also said the company has debriefed Gilroy’s two immediate superiors extensively and that they have no recollection of Gilroy making any complaints about Mateen.

The spokesman also said G4S has so far found no evidence of any other employees making complaints about Mateen, including those who worked at the St. Lucie County Courthouse with him in 2013. FBI Director James Comey said earlier this week that colleagues said Mateen claimed to have family connections to terror groups al Qaeda and Hezbollah, and that he hoped law enforcement would raid his home “so he could martyr himself.”

Those remarks prompted courthouse officials to request Mateen’s immediate removal from the St. Lucie County Courthouse, and to make “the appropriate notifications to inform our federal partners,” including the FBI, according to county Sheriff Ken Mascara.

Image: US-CRIME-SHOOTING
Omar Mateen in this undated photo from his Myspace page.MySpace via AFP – Getty Images

G4S did immediately transfer Mateen to the PGA gated retirement community, where the spokesman said he sat in a kiosk and checked the IDs of visitors.

The G4S spokesman said that even while Mateen technically could still carry a weapon for the firm, and probably had one in his company car, the shift was from an armed position to one considered unarmed.

The G4S official said he did not know the specific details of the transfer except that it did not appear to be for disciplinary or precautionary reasons. “It’s not as if a decision was taken that he was never again going to be given an armed position,” he said.

After the transfer, Mateen had at least one discussion with G4S about the events, but it does not appear that any kind of inquiry was done that included formal interviews with him or others who might have had information about it.

He also said G4s did not talk to the FBI about the substance of the bureau’s investigation into Mateen or why it concluded it was without merit to continue.