Colorado Businessman Indicted for Employment Tax Fraud

A federal grand jury in Denver, Colorado, returned an indictment charging a Bow Mar, Colorado, businessman with tax evasion, failing to pay over employment taxes, and failing to file tax returns.

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    Why This Matters Some governments are suspected of using chemical weapons despite international prohibitions under the Chemical Weapons Convention. For example, sarin and VX nerve gas have been identified in attacks. Most recently, Novichok nerve agent was used in 2020. Technologies exist to identify chemical warfare agents and possibly their sources, but challenges remain in identifying the person or entity responsible. The Technology What is it? According to the Global Public Policy Institute, there have been more than 330 chemical weapons attacks since 2012. Such attacks are prohibited under the Chemical Weapons Convention. A set of methods called forensic chemical attribution has the potential to trace the chemical agent used in such attacks to a source. A set of methods called forensic chemical attribution has the potential to trace the chemical agent used in such attacks to a source. For example, investigators could use these methods to identify the geographic sources of raw materials used to make the agent, for example, or to identify the manufacturing process Such information can aid leaders in deciding on whether or how to respond to a chemical weapons attack. Figure 1. Forensic chemical attribution process How does it work? Forensic chemical attribution is a three-step process, though the third step is being developed (see Fig. 1). First, a sample is taken from a victim or the site of an attack. Second, the sample's chemical components are analyzed and identified (see Fig. 2), either at a mobile lab or at one of 18 authorized biomedical labs worldwide. Common identification methods are: Gas chromatography, which separates chemical components of a mixture and quantifies the amount of each chemical. Mass spectrometry, which measures the mass-to-charge ratio of ions (i.e., charged particles) by converting molecules to ions and separating the ions based on their molecular weight. Nuclear magnetic resonance (NMR), which can determine the structure of a molecule by measuring the interaction between atomic nuclei placed in a magnetic field and exposing it to radio waves. NMR works on is the same principle as magnetic resonance imaging (MRI) used in medical diagnostics. In the third step—still under development—investigators use the data from the forensic chemical identification and analysis and identification methods from step two to develop a "chemical fingerprint." The fingerprint can be matched to a database of information on existing methods or known sources to identify chemical agents (i.e., Source A matching Sample 1 of Fig. 2). However, a comprehensive database containing complete, reliable data for known agents does not exist. How mature is it? Forensic chemical analysis and identification (i.e., Step 2 of Fig.1) is mature for known chemical agents. For example, investigators determined the nerve agent sarin was used in an attack on civilians in 2017. The methods can also identify new agents, as when investigators determined the chemical composition of the Novichok nerve agent after its first known use, in 2018. Forensic chemical analysis and identification methods are also mature enough to generate data that investigators could use as a "chemical fingerprint"– that is, a unique chemical signature that could be used in part to attribute a chemical weapon to a person or entity. For example, combining gas chromatography and mass spectrometry can provide reliable information about the chemical components and molecular weight of an agent. To achieve Step 3, scientists could use this these methods in a laboratory experiment to match impurities in chemical feedstocks of the weapon to potentially determine who made it. In an investigation, such impurities could indicate the geographic origin of the starting material and the process used to create the agent. Figure 2. Example of forensic chemical identification and analysis, showing a match between Sample 1 and Source A. Opportunities An effective international system for forensic chemical attribution can open up several opportunities, including: Defense. Knowing the source of a chemical agent could help nations better defend against future attacks and, when appropriate, take military action in response to an attack.  Legal response. Source attribution may provide information to help find and prosecute attackers or to impose sanctions. Deterrence. The ability to trace chemical agents to a source might deter future use of chemical weapons.  Challenges Chemical database. Creating a comprehensive international database of chemical fingerprints would require funding and international collaboration to sample chemicals from around the world. Finding perpetrators. Matching a chemical to its sources does not reveal who actually used it in an attack. Almost all investigations require additional evidence. Samples. Collecting a sufficient sample for attribution can be challenging, as can storing and transporting it using a secure chain of custody—potentially over great distance—to one of the 18 authorized biomedical labs worldwide. International cooperation. Lack of cooperation can delay investigations and may compromise sample quality.  Cooperation is also essential for creating an international database. Standardization. Attribution methods are complex and require standardized, internationally accepted protocols to ensure results are reliable and trusted. Such protocols do not yet exist for attributing a chemical weapons attack. Policy Context and Questions The following questions are relevant to building an effective, trusted system for tracing attacks using forensic chemical attribution: How can federal agencies promote and contribute to the international standardization of scientific methods for forensic chemical attribution? Which agency or agencies should lead this effort? How can the international community create and implement a framework for cooperation and trust in forensic chemical attribution? What actions could promote or incentivize creation of an internationally accepted database of unique chemical fingerprints for attributing chemical agents to their sources? What can be done to fully identify and address the scientific and technological gaps in current capabilities for attributing a chemical agent to its source? For more information, contact Karen Howard at (202) 512-6888 or HowardK@gao.gov.
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    In U.S GAO News
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    In U.S GAO News
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  • Anesthesia Services: Differences between Private and Medicare Payments Likely Due to Providers’ Strong Negotiating Position
    In U.S GAO News
    Literature GAO reviewed indicated that private insurance payments for anesthesia services on average were more than 3-1/2 times those of Medicare payments. This payment difference increased from what GAO reported in 2007—average private insurance payments for certain anesthesia services in 2004 were about 3 times those of Medicare. While Medicare rates for anesthesia services are set by the Centers for Medicare & Medicaid Services (CMS), private insurance rates are set through negotiations between providers and private insurers. GAO identified three recent studies with analyses of private insurance and Medicare payments for anesthesia services: Researchers from Yale University calculated that private insurance payments were 3.67 times Medicare payments, on average, for services provided by anesthesiologists for one large private insurer in 2015 operating across all 50 states and the District of Columbia. The Health Care Cost Institute calculated that in 2017 private insurance payments ranged from 2 to 7 times Medicare payments, on average, across six common services provided by anesthesiologists in 33 states. Wide state-to-state variation within specific services was reported. The American Society of Anesthesiologists reported that private insurance payments were 3.46 times Medicare payments, on average, based on a survey of its members in 2019. According to studies GAO reviewed and stakeholders GAO interviewed, market factors likely enhanced anesthesia providers' negotiating position and allowed them to secure higher private payments. For example, several studies and stakeholders cited market concentration as a key factor that increased private payments for anesthesia services. In a market with high provider concentration—or relatively few providers in a given market—there is little competition between providers, enabling the providers within that market to negotiate for higher payments from private insurers. Studies also indicated that specialists, including anesthesia providers, could negotiate higher in-network payment rates because they were able to leave an insurer's network with little risk of losing patients or revenue. In addition, when anesthesia providers are not a part of a private insurer's network, they are typically able to bill for a higher amount than the insurer would pay for an in-network provider, known as out-of-network billing. This dynamic decreases providers' incentives to participate in insurer networks because it creates an attractive alternative to network participation. GAO's interviews with stakeholders, literature review, and review of agency data generally did not indicate that the supply of anesthesia providers was insufficient for Medicare beneficiaries. CMS data indicate that the number of active anesthesia providers per 100,000 Medicare beneficiaries increased from 2010 through 2018 and that a very small number of anesthesia providers opted out of the Medicare program. Furthermore, researchers and stakeholders GAO interviewed were not aware of any issues with access to anesthesia services for Medicare beneficiaries, including those in traditionally underserved rural areas. In 2018, Medicare paid over $2 billion for anesthesia services, such as general anesthesia administered to beneficiaries undergoing surgical or other invasive procedures. The joint explanatory statement for the Further Consolidated Appropriations Act, 2020 included a provision for GAO to update its 2007 report and examine how differences in payment rates for anesthesia services have changed since that time. In 2007, GAO reported that Medicare payments in 2004 for certain anesthesia services provided by anesthesiologists were on average 67 percent lower than private insurance payments in certain geographic areas—indicating that private payments were about 3 times more than Medicare payments at that time. This report describes what is known about (1) recent trends in differences between Medicare and private payments for anesthesia services, and (2) the sufficiency of the supply of anesthesia providers for Medicare beneficiaries. GAO reviewed literature and available published data on payment differences for anesthesia services, published in the United States since 2010. GAO also reviewed data from CMS on the number of anesthesia providers from 2010, 2018, and 2020. GAO also interviewed a nongeneralizable selection of three research groups, two beneficiary advocacy groups, and five stakeholder groups, including those representing anesthesiologists, nurse anesthetists, and hospitals, to obtain their perspectives on these issues. The Department of Health and Human Services provided no comments on this report. For more information, contact Jessica Farb at (202) 512-7114 or farbj@gao.gov.
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  • Department of Energy Contracting: Improvements Needed to Ensure DOE Assesses Its Full Range of Contracting Fraud Risks
    In U.S GAO News
    GAO identified nine categories of contracting fraud schemes that occurred at the Department of Energy (DOE), including billing schemes, conflicts of interest, and payroll schemes. For example, a subcontractor employee at a site created fraudulent invoices for goods never received, resulting in a loss of over $6 million. In another scheme, a contractor engaged in years of widespread time card fraud, submitting inflated claims for compensation. The contractor agreed to pay $18.5 million to settle the case. DOE reported that it identified nearly $15 million in improper payments due to confirmed fraud in fiscal year 2019. However, due to the difficulty in detecting fraud, agencies—including DOE—incur financial losses related to fraud that are never identified or are settled without admission to fraud and are not counted as such. Fraud can also have nonfinancial impacts, such as fraudsters obtaining a competitive advantage and preventing legitimate businesses from obtaining contracts. DOE has taken some steps and is planning others to demonstrate a commitment to combat fraud and assess its contracting fraud risks, consistent with the leading practices in GAO's Fraud Risk Framework. However, GAO found that DOE has not assessed the full range of contracting fraud risks it faces. Specifically, GAO found DOE's methods for gathering information about its fraud risks captures selected fraud risks—rather than all fraud risks—facing DOE programs. As shown in the figure, DOE's risk profiles for fiscal years 2018 and 2019 did not capture four of nine fraud schemes that occurred at DOE. For example, one entity did not include any fraud risks in its risk profiles, yet GAO identified six types of fraud schemes that occurred at the entity's site. DOE plans to expand its risk assessment process, but officials expect the new process will continue to rely on a methodology that gathers information on selected fraud risks. The Fraud Risk Framework states that entities identify specific tools, methods, and sources for gathering information about fraud risks. Without expanding its methodology to capture, assess, and document all fraud risks facing its programs, DOE risks remaining vulnerable to these types of fraud. Fraud Risks Identified in Fiscal Years 2018 and 2019 Risk Profiles Compared with Types of Fraud Schemes That Have Occurred at DOE DOE is planning to develop an antifraud strategy in fiscal year 2022 and has taken some steps to evaluate and adapt to fraud risks, consistent with leading practices in GAO's Fraud Risk Framework. Part of DOE's effort to manage fraud risks includes adapting controls to address emerging fraud risks. Additionally, DOE is planning to expand its use of data analytics to detect contracting fraud, beginning in fiscal year 2022. DOE relies primarily on contractors to carry out its missions at its laboratories and other facilities, spending approximately 80 percent of its total obligations on contracts. GAO and DOE's Inspector General have reported on incidents of fraud by DOE contractors and identified multiple contracting fraud risks. GAO was asked to examine DOE's processes to manage contracting fraud risks. This report examines, for DOE, (1) types of contracting fraud schemes and their financial and nonfinancial impacts, (2) steps taken to commit to combating contracting fraud risks and the extent to which these risks have been assessed, and (3) steps taken to design and implement an antifraud strategy and to evaluate and adapt its approach. GAO reviewed relevant laws and guidance; reviewed agency media releases, Agency Financial Reports, and DOE Inspector General reports to Congress from 2013 through 2019; and reviewed documents and interviewed officials from 42 DOE field and site offices, contractors, and subcontractors, representing a range of sites and programs. GAO is making two recommendations, including for DOE to expand its fraud risk assessment methodology to ensure all fraud risks facing DOE programs are fully assessed and documented in accordance with leading practices. DOE concurred with GAO's recommendations. For more information, contact Rebecca Shea at (202) 512-6722 shear@gao.gov or Allison B. Bawden at (202) 512-3841, bawdena@gao.gov.
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  • Native American Youth: Agencies Incorporated Almost All Leading Practices When Assessing Grant Programs That Could Prevent or Address Delinquency [Reissued with revisions on Aug. 27, 2020.]
    In U.S GAO News
    The Departments of Justice (DOJ), Health and Human Services (HHS), the Interior (Interior), and Education (Education) administered at least 38 grant programs from fiscal years 2015 through 2018 that could have helped prevent or address delinquency among Native American youth. These agencies made about $1.9 billion in awards to grantees through these programs during this period. These agencies incorporated almost all of the leading practices GAO identified for performance measurement or program evaluation when assessing the performance of selected grant programs. For example, HHS's Administration for Children and Families (ACF) incorporated 13 of the 14 leading practices for performance measurement but did not fully assess grantee data reliability for one of its programs. By developing a process to assess the reliability of grantee data contained in the annual performance reports that tribal recipients submit, ACF could obtain further assurance that it has an accurate representation of grantee performance. GAO also found that Interior's Bureau of Indian Education (BIE) did not conduct formal data reliability checks on performance data that grantees report and did not always collect performance reports from grantees in a timely manner for one of its programs. By developing a process to assess the reliability of a sample of grantee performance data and taking steps to alert grantees when they are late in submitting performance reports, BIE could better ensure that grantees are complying with the terms and conditions of the grant program and better understand how the program and its grantees are performing. Officials in all 12 interviews with tribes or tribal consortia GAO interviewed cited risk factors that contribute to juvenile delinquency in their communities. Number of Interviews in Which Tribal Officials Cited Risk Factors Contributing to Juvenile Delinquency Note: The figure includes the most common risk factors tribal officials cited for juvenile delinquency. While tribal officials cited restrictions placed on federal grant funding, difficulty communicating with program staff, and challenges hiring and retaining staff as barriers to implementing federal programs, they also identified promising practices, such as executing culturally relevant programs, for preventing or addressing juvenile delinquency. Federal and other studies have noted that exposure to violence and substance abuse make Native American youth susceptible to becoming involved with the justice system. GAO was asked to examine federal and tribal efforts to address juvenile delinquency and the barriers tribes face in doing so. This report examines (1) federal financial assistance targeting tribes that could prevent or address juvenile delinquency; (2) the extent to which federal agencies assess the performance of selected grant programs and incorporate leading practices; and (3) the juvenile delinquency challenges tribes report facing. GAO identified relevant grant programs during fiscal years 2015 through 2018—the most recent data available when GAO began the review. GAO analyzed documents and interviewed agency officials to determine how they assessed grant program performance and conducted interviews with 10 tribes and two tribal consortia to discuss challenges with delinquency. GAO is making three recommendations, including that relevant HHS and Interior offices develop a process to assess the reliability of tribal grantee performance information and that an Interior office take steps to alert grantees that are late in submitting progress reports. Interior concurred with the two recommendations. HHS disagreed with GAO's recommendation. GAO clarified the recommendation to HHS and continues to believe it is warranted. For more information, contact Gretta L. Goodwin, (202) 512-8777, or GoodwinG@gao.gov.
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  • National Bio and Agro-defense Facility: DHS and USDA Are Working to Transfer Ownership and Prepare for Operations, but Critical Steps Remain
    In U.S GAO News
    The Department of Homeland Security (DHS) and U.S. Department of Agriculture (USDA) have taken steps to plan for and implement the successful transfer of the National Bio and Agro-Defense Facility (NBAF) from DHS to USDA for ownership and operation. (See figure.) The facility is to house state-of-the-art laboratories for research on foreign animal diseases—diseases not known to be present in the United States—that could infect U.S livestock and, in some cases, people. The departments' steps are consistent with selected key practices for implementation of government reforms. In addition, USDA has taken steps to prepare for NBAF's operation by identifying and addressing staffing needs; these steps are consistent with other selected key practices GAO examined for strategically managing the federal workforce during a government reorganization. However, critical steps remain to implement the transfer of ownershp of NBAF to USDA and prepare for the facility's operation, and some efforts have been delayed. Critical steps include obtaining approvals to work with high-consequence pathogens such as foot-and-mouth disease, and physically transferring pathogens to the facility. DHS estimates that construction of NBAF has been delayed by at least 2.5 months because of the effects of the COVID-19 pandemic. USDA officials stated that, until the full effects of delays to construction are known, USDA cannot fully assess the effects on its efforts to prepare for the facility's operation. In addition, USDA's planning efforts were delayed before the pandemic for the Biologics Development Module—a laboratory at NBAF intended to enhance and expedite the transition of vaccines and other countermeasures from research to commercial viability. A November 2018 schedule called for USDA to develop the business model and operating plan for the module in 2019. Officials stated in May 2020 that USDA intends to develop the business model and operating plan by fiscal year 2020's end. Construction Site of the National Bio and Agro-Defense Facility (NBAF) as of November 2019 and an Artist's Rendering of NBAF When Complete USDA's efforts to date to collaborate with DHS and other key federal or industry stakeholders on NBAF have included meeting regularly with DHS officials to define mission and research priorities, developing written agreements with DHS about DHS's roles and responsibilities before and after the transfer, and collaborating with the intelligence community, as well as with relevant international research groups and global alliances, on an ongoing basis. These efforts are consistent with selected key practices for interagency collaboration, such as including relevant participants and clarifying roles. Foreign animal diseases—some of which infect people—can pose threats to the United States. USDA and DHS have been developing NBAF to conduct research on and develop countermeasures (e.g., vaccines) for such diseases, as part of a national policy to defend U.S. agriculture against terrorist attacks and other emergencies. DHS is constructing NBAF in Manhattan, Kansas. DHS originally assumed responsibility for owning and operating NBAF. However, USDA will carry out this responsibility instead, following an executive order from 2017 to improve efficiency of government programs. Construction is expected to cost about $1.25 billion. GAO was asked to review issues related to development of NBAF and USDA's plans for operating it. This report examines (1) efforts to transfer ownership of NBAF from DHS to USDA and to prepare for the facility's operation and (2) USDA's efforts to collaborate with stakeholders. GAO reviewed DHS and USDA documents and interviewed key department officials and various stakeholders. GAO also compared the departments' efforts on NBAF with selected key practices for government reforms and collaboration. For more information, contact Steve D. Morris at (202) 512-3841 or morriss@gao.gov.
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  • Utah Man Posing As Medical Doctor To Sell Baseless Coronavirus Cure Indicted On Fraud Charges
    In Crime News
    Utah resident Gordon H. Pedersen has been indicted for posing as a medical doctor to sell a baseless treatment for coronavirus (COVID-19). According to the indictment returned by a federal grand jury in Salt Lake City late last week, Pedersen fraudulently promoted and sold ingestible silver-based products as a cure for COVID-19 despite having no evidence that his products could treat or cure the disease. Pedersen is also alleged to have claimed to be a physician and worn a stethoscope and white lab coat in videos and photos posted on the Internet to further his alleged fraud scheme.
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    In Crime Control and Security News
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