New York City Man Charged with Nearly $4 Million COVID-19 Relief Fraud Scheme and Money Laundering

A criminal complaint was filed in the District of New Jersey today charging a dual-resident of New York and Florida with fraudulently obtaining and laundering nearly $4 million in funds from the COVID-19 relief Paycheck Protection Program (PPP).

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GAO also obtained, directly from the agencies, spending data, as of July 31, 2020, for the six largest spending areas, to the extent available. To develop the public health indicators, GAO reviewed research and federal guidance. To understand economic developments, GAO reviewed data from federal statistical agencies, the Federal Reserve, and Bloomberg Terminal, as well as economic research. To update the status of matters for congressional consideration and recommendations, GAO reviewed agency and congressional actions. In response to the national public health and economic threats caused by COVID-19, four relief laws making appropriations of about $2.6 trillion had been enacted as of July 31, 2020. Overall, federal obligations and expenditures government-wide of these COVID-19 relief funds totaled $1.5 trillion and $1.3 trillion, respectively, as of June 30, 2020. GAO also obtained preliminary data for six major spending areas as of July 31, 2020 (see table). COVID-19 Relief Appropriations, Obligations, and Expenditures for Six Major Spending Areas, as of July 2020 Spending area Appropriationsa ($ billions) Preliminary obligationsb ($ billions) Preliminary expendituresb ($ billions) Business Loan Programs 687.3 538.1 522.2c Economic Stabilization and Assistance to Distressed Sectors 500.0 30.4 19.2c Unemployment Insurance 376.4 301.1 296.8 Economic Impact Payments 282.0 273.5 273.5 Public Health and Social Services Emergency Fund 231.7 129.6 95.9 Coronavirus Relief Fund 150.0 149.5 149.5 Total for six spending areas 2,227.4 1,422.2 1,357.0 Source: GAO analysis of data from the Department of the Treasury, USAspending.gov, and applicable agencies. | GAO-20-708 aCOVID-19 relief appropriations reflect amounts appropriated under the Coronavirus Preparedness and Response Supplemental Appropriations Act, 2020, Pub. L. No. 116-123, 134 Stat. 146; Families First Coronavirus Response Act, Pub. L. No. 116-127, 134 Stat. 178 (2020); CARES Act, Pub. L. No. 116-136, 134 Stat. 281 (2020); and Paycheck Protection Program and Health Care Enhancement Act, Pub. L. No. 116-139, 134 Stat. 620 (2020). These data are based on appropriations warrant information provided by the Department of the Treasury as of July 31, 2020. These amounts could increase in the future for programs with indefinite appropriations, which are appropriations that, at the time of enactment, are for an unspecified amount. In addition, this table does not represent transfers of funds that federal agencies may make between appropriation accounts or transfers of funds they may make to other agencies. bObligations and expenditures data for July 2020 are based on preliminary data reported by applicable agencies. cThese expenditures relate to the loan subsidy costs (the loan’s estimated long-term costs to the United States government). The CARES Act included a provision for GAO to assess the impact of the federal response on public health and the economy. The following are examples of health care and economic indicators that GAO is monitoring. Health care. GAO’s indicators are intended to assess the nation’s immediate response to COVID-19 as it first took hold, gauge its recovery from the effects of the pandemic over the longer term, and determine the nation’s level of preparedness for future pandemics, involving subsequent waves of either COVID-19 or other infectious diseases. For example, to assess the sufficiency of testing—a potential indicator of the system’s response and recovery—GAO suggests monitoring the proportion of tests in a given population that are positive for infection. A higher positivity rate can indicate that testing is not sufficiently widespread to find all cases. That is higher positivity rates can indicate that testing has focused on those most likely to be infected and seeking testing because they have symptoms, and may not be detecting COVID-19 cases among individuals with no symptoms. Although there is no agreed-upon threshold for the test positivity rate, governments should target low positivity rates. The World Health Organization recommends a test positivity rate threshold of less than 5 percent over a 14-day period. As of August 12, 2020, 12 states and the District of Columbia had met this threshold (38 states had not). Resolve to Save Lives, another organization, recommends a threshold of less than 3 percent over a 7-day period, and 11 states and the District of Columbia had met this threshold (39 states had not) as of August 12, 2020. GAO also suggests monitoring mortality from all causes compared to historical norms as an indicator of the pandemic’s broad effect on health care outcomes. Mortality rates have tended to be consistent from year to year. This allows an estimation of how much mortality rose with the onset of the pandemic, and provides a baseline by which to judge a return to pre-COVID levels. According to Centers for Disease Control and Prevention data, about 125,000 more people died from all causes January 1–June 13 than would normally be expected (see figure). CDC Data on Higher-Than-Expected Weekly Mortality, January 1 through June 13, 2020 Note: The figure shows the number of deaths from all causes in a given week that exceeded the upper bound threshold of expected deaths calculated by CDC on the basis of variation in mortality experienced in prior years. Changes in the observed numbers of deaths in recent weeks should be interpreted cautiously as this figure relies on provisional data that are generally less complete in recent weeks. Data were accessed on July 16, 2020. Economy. GAO updated information on a number of indicators to facilitate ongoing and consistent monitoring of areas of the economy supported by the federal pandemic response, in particular the COVID-19 relief laws. These indicators suggest that economic conditions—including for workers, small businesses, and corporations—have improved modestly in recent months but remain much weaker than prior to the pandemic. In June and July initial regular unemployment insurance (UI) claims filed weekly averaged roughly 1.4 million (see figure), which was six and a half times higher than average weekly claims in 2019, but claims have decreased substantially since mid-March, falling to 971,000 in the week ending August 8, 2020. Increasing infections in some states and orders to once again close or limit certain businesses are likely to pose additional challenges for potentially fragile economic improvements, especially in affected sectors, such as the leisure and hospitality sector. National Weekly Initial Unemployment Insurance Claims, January 2019–July 2020 Note: See figure 5 in the report. As GAO reported in June, consistent with the urgency of responding to serious and widespread health issues and economic disruptions, federal agencies gave priority to moving swiftly where possible to distribute funds and implement new programs designed to help small businesses and the newly unemployed, for example. However, such urgency required certain tradeoffs in achieving transparency and accountability goals. To make mid-course corrections, GAO made three recommendations to federal agencies: To reduce the potential for duplicate payments from the Paycheck Protection Program (PPP)—a program that provides guaranteed loans through lenders to small businesses—and unemployment insurance, GAO recommended that the Department of Labor (DOL), in consultation with the Small Business Administration (SBA) and the Department of the Treasury (Treasury), immediately provide information to state unemployment agencies that specifically addresses PPP loans, and the risk of improper unemployment insurance payments. DOL issued guidance on August 12, 2020, that, among other things, clarified that individuals working full-time and being paid through PPP are not eligible for UI. To recoup economic impact payments totaling more than $1.6 billion sent to decedents, GAO recommended that the Internal Revenue Service (IRS) consider cost-effective options for notifying ineligible recipients of economic impact payments how to return payments. IRS has taken steps to address this recommendation. According to a Treasury official, nearly 70 percent of the payments sent to decedents have been recovered. However, GAO was unable to verify that amount before finalizing work on this report. GAO is working with Treasury to determine the number of payments sent to decedents that have been recovered. Treasury was considering sending letters to request the return of remaining outstanding payments but has not moved forward with this effort because, according to Treasury, Congress is considering legislation that would clarify or change payment eligibility requirements. 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  • Consumer Privacy: Better Disclosures Needed on Information Sharing by Banks and Credit Unions
    In U.S GAO News
    Banks and credit unions collect, use, and share consumers' personal information—such as income level and credit card transactions—to conduct everyday business and market products and services. They share this information with a variety of third parties, such as service providers and retailers. The Gramm-Leach-Bliley Act (GLBA) requires financial institutions to provide consumers with a privacy notice describing their information-sharing practices. Many banks and credit unions elect to use a model form—issued by regulators in 2009—which provides a safe harbor for complying with the law (see figure). GAO found the form gives a limited view of what information is collected and with whom it is shared. Consumer and privacy groups GAO interviewed cited similar limitations. The model form was issued over 10 years ago. The proliferation of data-sharing since then suggests a reassessment of the form is warranted. Federal guidance states that notices about information collection and usage are central to providing privacy protections and transparency. Since Congress transferred authority to the Consumer Financial Protection Bureau (CFPB) for implementing GLBA privacy provisions, the agency has not reassessed if the form meets consumer expectations for disclosures of information-sharing. CFPB officials said they had not considered a reevaluation because they had not heard concerns from industry or consumer groups about privacy notices. Improvements to the model form could help ensure that consumers are better informed about all the ways banks and credit unions collect and share personal information. Excerpts of the Gramm-Leach-Bliley Act Model Privacy Form Showing Reasons Institutions Share Personal Information Federal regulators examine institutions for compliance with GLBA privacy requirements, but did not do so routinely in 2014–2018 because they found most institutions did not have an elevated privacy risk. Before examinations, regulators assess noncompliance risks in areas such as relationships with third parties and sharing practices to help determine if compliance with privacy requirements needs to be examined. The violations of privacy provisions that the examinations identified were mostly minor, such as technical errors, and regulators reported relatively few consumer complaints. Banks and credit unions maintain a large amount of personal information about consumers. Federal law requires that they have processes to protect this information, including data shared with certain third parties. GAO was asked to review how banks and credit unions collect, use, and share such information and federal oversight of these activities. This report examines, among other things, (1) what personal information banks and credit unions collect, and how they use and share the information; (2) the extent to which they make consumers aware of the personal information they collect and share; and (3) how regulatory agencies oversee such collection, use, and sharing. GAO reviewed privacy notices from a nongeneralizable sample of 60 banks and credit unions with a mix of institutions with asset sizes above and below $10 billion. GAO also reviewed federal privacy laws and regulations, regulators' examinations in 2014–2018 (the last 5 years available), procedures for assessing compliance with federal privacy requirements, and data on violations. GAO interviewed officials from banks, industry and consumer groups, academia, and federal regulators. GAO recommends that CFPB update the model privacy form and consider including more information about third-party sharing. CFPB did not agree or disagree with the recommendation but said they would consider it, noting that it would require a joint rulemaking with other agencies. For more information, contact Alicia Puente Cackley at (202) 512-8678 or CackleyA@gao.gov or Nick Marinos at (202) 512-9342 or MarinosN@gao.gov.
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    In Crime Control and Security News
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  • Veteran Federal Employment: OPM and Agencies Could Better Leverage Data to Help Improve Veteran Retention Rates
    In U.S GAO News
    From fiscal years 2014 through 2018, veterans left federal government jobs at a higher rate than non-veterans, according to GAO analysis of Office of Personnel Management (OPM) data. After controlling for key demographic and employment factors, GAO estimated that on average, 6.7 percent of veterans left the federal government compared to 5 percent of similar non-veterans. While veterans primarily left to retire, veterans resigned from federal service at 1.6 times the rate of similar non-veterans. GAO also estimated that 18.7 percent of veterans resigned within their first 5 years of federal service compared to 11.1 percent of similar non-veterans. Each of the 24 Chief Financial Officer Act agencies experienced higher rates of attrition among veteran employees than similar non-veteran employees. GAO identified six workplace factors associated with veterans' intentions to leave federal service. These factors—or drivers of retention—are based on an analysis of data from the OPM Federal Employee Viewpoint Survey (OPM FEVS), a tool for collecting employees' perceptions of their federal work experiences. Key Workplace Factors Associated with Veterans Considering Leaving Federal Service More than half of both veterans and non-veterans reported being satisfied with five of the six factors. More than half of both veterans and non-veterans reported not being satisfied with opportunities for advancement at their agencies. Overall we found that veterans were slightly less satisfied with these factors than non-veterans, which could in part explain the higher attrition rates for veterans. Improvements in employee satisfaction in these areas may lead to higher retention rates. Performing analyses similar to those in this report could help agencies identify and strengthen strategies for improving veteran retention. However, challenges exist for agencies using OPM FEVS data on their own to identify drivers of retention among their workforces. OPM could help agencies with these analyses so they could use data to address veteran retention issues and other workforce challenges. Approximately 200,000 servicemembers transition from military service to civilian life each year, according to the Department of Defense. A 2009 executive order created a government-wide initiative to increase veteran federal employment. While veteran hiring has increased since 2009, OPM has raised concerns about retention and job satisfaction of newly hired veterans. GAO was asked to analyze veteran federal employment data. This report analyzes (1) recent trends in attrition for veterans and non-veterans, and (2) key factors that may affect a veteran employee's decision to leave federal employment. GAO conducted a statistical analysis comparing attrition for veterans and similar non-veterans for fiscal years 2014 through 2018 (the most current data available). GAO conducted a literature review to identify potential drivers of retention and used regression methods to analyze OPM FEVS data to identify key drivers for veterans and non-veterans. GAO also interviewed OPM officials and veteran service organizations. GAO recommends that OPM assist the 24 CFO Act agencies by using OPM FEVS data to analyze the key drivers of veterans' retention. OPM partially concurred with the recommendation because of concerns about its scope and, in response, we modified it. For more information, contact Yvonne D. Jones at (202) 512-2717 or jonesy@gao.gov.
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  • New Jersey Man Admits Conspiring with White Supremacists to Vandalize Synagogues Across the Country
    In Crime News
    A New Jersey man pleaded guilty today to his role in conspiring with members of a white supremacist hate group to threaten and intimidate African Americans and Jewish Americans by vandalizing minority-owned properties throughout the country in September 2019.
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  • U.S. Ports of Entry: Update on CBP Public-Private Partnership Programs
    In U.S GAO News
    Since GAO's January 2020 report, U.S. Customs and Border Protection (CBP), within the Department of Homeland Security, continued to expand its public-private partnership programs—the Reimbursable Services Program (RSP) and the Donations Acceptance Program (DAP). The RSP allows partners, such as port authorities or local municipalities that own or manage ports, to reimburse CBP for providing services that exceed CBP's normal operations, such as paying overtime for CBP personnel that provide services at ports of entry (POE) outside regular business hours. The DAP enables partners to donate property or provide funding for POE infrastructure improvements. Regarding RSP, in 2020, CBP selected an additional 25 RSP applications for partnerships, bringing the total of RSP selections to 236 since 2013. There are many factors that CBP considers when reviewing applications for RSP including operational feasibility, and CBP may choose to not select certain applications. According to officials, CBP denied three RSP applications since GAO's January 2020 report. For example, CBP denied one application because the proposed agreement site was located too far away from the nearest CBP facility to make CBP officer travel time practicable. As of October 2020, CBP and its partners executed 157 memoranda of understanding (MOU) from RSP partnerships that they entered into from fiscal years 2013 through 2020. These MOUs outline how agreements are to be implemented at one or more POE. Of those 157 MOUs, 11 cover agreements at land POEs, 49 cover agreements at sea POEs, and 99 cover agreements at air POEs. The majority of MOUs executed since 2013 were at air POEs and focused on freight, cargo, and traveler processing. Although the number of RSP partnerships has increased, the growth in the total number of reimbursable CBP officer assignments, officer overtime hours, and the amount of reimbursed funds provided to CBP declined significantly in 2020. CBP officials explained that the decline in trade and travel at U.S. POEs contributed to the decline in requests for RSP services. Regarding DAP, in fiscal year 2020, CBP entered into one new donation acceptance partnership, bringing the total number of agreements to 39 since fiscal year 2015. Partners span a variety of sectors such as government agencies, private companies, and airline companies. Correspondingly, program donations served a variety of purposes such as expanding inspection facility infrastructure, providing biometric detection services, and providing luggage for canine training. As of October 2020, 27 out of 39 these projects, or 69 percent, were at land POEs. CBP officials estimated that the total value of all donations entered into between September 2015 and October 2020 was $218.2 million. On a daily basis in fiscal year 2020, over 650,000 passengers and pedestrians and nearly 78,000 truck, rail, and sea containers carrying goods worth approximately $6.6 billion entered the United States through 328 U.S. land, sea, and air POEs, according to CBP. To help meet demand for CBP inspection services, since 2013, CBP has entered into public-private partnerships under RSP and DAP. The Cross-Border Trade Enhancement Act of 2016 included a provision for GAO to annually review the agreements along with the funds and donations that CBP has received under RSP and DAP. GAO has issued three annual reports on the programs—in January 2020, March 2019, and March 2018. This fourth annual report updates key information from GAO's January 2020 report by examining the status of CBP public-private partnership program agreements, including the purposes for which CBP used the funds and donations from these agreements in fiscal year 2020. GAO collected and analyzed all RSP agreements, DAP agreements, and MOUs for both programs for fiscal years 2019 and 2020, excluding those analyzed in GAO's January 2020 report. GAO also analyzed data on use of the programs and interviewed CBP officials to identify any significant changes to how the programs are administered. For more information, contact Rebecca Gambler at (202) 512-8777 or GamblerR@gao.gov.
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    In Crime Control and Security News
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  • Chinese National Charged with Criminal Conspiracy to Export US Power Amplifiers to China
    In Crime News
    An indictment was unsealed this week charging Cheng Bo, also known as Joe Cheng, a 45-year-old national of the People’s Republic of China, with participating in a criminal conspiracy from 2012-2015 to violate U.S. export laws by shipping U.S. power amplifiers to China. Cheng’s former employer, Avnet Asia Pte. Ltd., a Singapore company and global distributor of electronic components and related software, agreed to pay a financial penalty to the United States of $1,508,000 to settle criminal liability for the conduct of its former employees, including Cheng. As part of a non-prosecution agreement, Avnet Asia admitted responsibility for Cheng’s unlawful conspiracy to ship export-controlled U.S. goods with potential military applications to China, and also for the criminal conduct of another former employee who, from 2007-2009, illegally caused U.S. goods to be shipped to China and Iran without a license. This conduct violated the International Emergency Economic Powers Act.
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  • Operation Legend: Case of the Day
    In Crime News
    Each weekday, the Department of Justice will highlight a case that has resulted from Operation Legend.  Today’s case is out of the District of New Mexico.  Operation Legend launched in Albuquerque on July 22, 2020, in response to the city facing increased homicide and non-fatal shooting rates.
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  • U.S. Trustee Program Announces Streamlined Forms for Completing Chapter 11 Financial Reports
    In Crime News
    The Department of Justice’s U.S. Trustee Program (USTP) announced today the publication of a final rule in the Federal Register that streamlines the financial reports required under the Bankruptcy Code to be filed with the bankruptcy court by the vast majority of business and individual debtors in chapter 11 bankruptcy, including in the largest reorganization cases.
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  • National Security: DOD and State Have Processes for Formal and Informal Challenges to the Classification of Information
    In U.S GAO News
    What GAO Found The Department of Defense (DOD) and the Department of State (State) have similar processes for formal challenges to the classification of information. For example, if there is reason to believe that information is improperly classified, authorized holders—including executive branch agency or contractor personnel with relevant clearances—can submit a formal classification challenge in writing (see figure). Officials will then review the classification challenge and make a determination. If a formal challenge is denied, the authorized holder can then appeal to senior officials within the agency, and if the agency denies the appeal, the authorized holder can appeal directly to the Interagency Security Classification Appeals Panel (ISCAP). ISCAP, established by Executive Order, then issues a decision that is final unless the head of the agency appeals ISCAP's decision to the President. Processes for Formal Challenges to the Classification of Information aIndividual refers to an authorized holder with access to classified information. Both DOD and State encourage authorized holders to resolve classification challenges informally before pursuing a formal classification challenge. According to DOD and State officials, informal challenges can be done in person, by phone, or by email. For example, officials told GAO that authorized holders can contact the relevant information security office about whether classified documents are marked properly. According to DOD and State officials, Members of Congress (Members) may use their existing processes to formally and informally challenge the classification of information. However, according to officials from the Information Security Oversight Office (ISOO), which provides support to ISCAP, Members cannot appeal a decision to ISCAP. Instead, Members can appeal to the Public Interest Declassification Board (PIDB), a statutory body that makes recommendations to the President in response to certain congressional requests to evaluate the proper classification of records. DOD officials stated that they do not have any knowledge of ever receiving a formal classification challenge from Members. State officials stated that they did not receive any formal classification challenges from Members in 2017 through 2020. ISOO officials also stated that the panel received its first formal classification challenge from a Member in 2020. ISCAP subsequently denied the challenge and directed the Member to the PIDB. Why GAO Did This Study Classified national security information is vital to U.S. national interests. The appropriate protection and handling of this information is a top priority for the executive branch and Congress. Based on guidance, such as Executive Order 13526, Classified National Security Information, authorized holders with access to classified information may submit a classification challenge if there are reasons to believe information is improperly classified. According to DOD and State officials, Members may also submit a classification challenge. GAO was asked to review the processes for challenging the classification of national security information. This report describes (1) the processes to challenge the classification of information at DOD and State; and (2) the processes that Members of Congress can use to challenge the classification of information at DOD and State. GAO reviewed applicable laws and regulations, and DOD, State, and other guidance related to the classification of information and classification challenge processes. GAO also interviewed DOD, State and ISOO officials. For more information, contact Joe Kirschbaum at (202) 512-9971 or Kirschbaumj@gao.gov.
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  • Joint Statement by the U.S. Department of State and U.S. Department of Homeland Security on the Expansion of Access to the Central American Minors Program
    In Crime Control and Security News
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  • Former Bureau of Prisons Corrections Officer Sentenced for Sexually Assaulting Two Women on Multiple Occasions and Lying to Investigators
    In Crime News
    Adrian L. Stargell, 39, a former Bureau of Prisons (BOP) Corrections Officer who worked as an Education Specialist at the FCI-Aliceville facility in Aliceville, Alabama, was sentenced today in federal court in Tuscaloosa, Alabama to 42 months in prison and three years supervised release.
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  • Malware Author Pleads Guilty for Role in Transnational Cybercrime Organization Responsible for more than $568 Million in Losses
    In Crime News
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    In Crime Control and Security News
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    In Crime News
    A New Jersey chiropractor pleaded guilty today to a felony charge relating to the distribution of steroid-like drugs in purported dietary supplements.
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    In Travel
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