Pharmacy Owner Pleads Guilty to $6.5 million Health Care Fraud Schemes

A New York woman pleaded guilty today to perpetrating schemes to defraud health care programs, including obtaining more than $6.5 million from Medicare Part D Plans and Medicaid drug plans.

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  • Appellate Court Agrees with Government that Supervised Injection Sites are Illegal under Federal Law; Reverses District Court Ruling
    In Crime News
    In a precedential opinion, the Third Circuit ruled yesterday that it is a federal crime to open a supervised injection site or “consumption room” for illegal drug use.  Local nonprofit Safehouse planned to open the nation’s first such consumption room in the City of Philadelphia, where individuals would be invited to inject heroin and use other drugs under supervision.  But the Third Circuit ruled that doing so “will break the law” because Safehouse knows and intends that visitors to its consumption room will have a significant purpose of using illegal drugs.  In agreeing with the government’s interpretation of the Controlled Substances Act, the Court explained that, “[t]hough the opioid crisis may call for innovative solutions, local innovations may not break federal law.”
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  • Rule of Law Assistance: Agency Efforts Are Guided by Various Strategies, and Overseas Missions Should Ensure that Programming Is Fully Coordinated
    In U.S GAO News
    What GAO Found The Department of State (State) and the U.S. Agency for International Development (USAID) allocated more than $2.7 billion for rule of law assistance from fiscal years 2014 through 2018—the latest available data as of GAO's review. Of that, State allocated over $2 billion and USAID allocated over $700 million. State and USAID funded some of these programs through the Department of Justice (DOJ). Rule of law assistance funded a variety of activities including improving justice institutions, legal reform, and promoting a culture of lawfulness. The agencies implemented these programs globally but allocated most funds to the Western Hemisphere and Afghanistan. Global Distribution of Bilateral Rule of Law Assistance Allocations, Fiscal Years 2014–2018 After Congress appropriates funding, agencies determine rule of law allocations through the foreign assistance budget process. State and USAID identify rule of law as a goal in agency-wide strategic documents and hold an annual interagency roundtable regarding rule of law assistance to determine those allocations. Rule of law assistance is guided by national and agency-, bureau-, and mission-specific strategies that are linked to the national security goals of the United States. These strategies discuss the agencies' roles and responsibilities in improving the rule of law. State and USAID guidance highlights the importance of coordination between agencies as they design and implement rule of law assistance, but not all agencies are included in some of the key coordination mechanisms used in four countries GAO selected for review. Agency officials in the selected countries cited the use of some informal and formal coordination practices, such as the use of law enforcement working groups, but State policy does not require all entities that may be involved in rule of law assistance to participate in these working groups. For example, in three of the four selected countries, officials described coordinating rule of law assistance, in part, through these working groups, which may not include critical agencies such as USAID. According to State policy, these working groups are designed to achieve other goals using agencies and offices that are not involved in providing rule of law assistance. Without verifying that interagency coordination includes all relevant entities, missions may not know whether they are fully leveraging interagency resources or ensuring that they do not duplicate or overlap rule of law assistance. Why GAO Did This Study Rule of law strengthens protection of fundamental rights, ensures a robust civil society, and serves as a foundation for democratic governance and economic growth. According to State, countries with a strong rule of law provide a more level playing field for American businesses to engage and compete, and countries with a weak rule of law can potentially export transnational threats and economic insecurity, undermining the interests of the United States. GAO was asked to review U.S. rule of law assistance around the world. This report examines (1) how State and USAID allocated funds for this assistance in fiscal years 2014 through 2018, (2) how agencies strategically plan and allocate this assistance globally, and (3) what processes agencies have to design, implement, and coordinate this assistance in selected countries. GAO reviewed State, USAID, and DOJ documents and data for fiscal years 2014 through 2018 and interviewed officials in Colombia, Kosovo, Liberia, the Philippines, and Washington, D.C. GAO chose these countries on the basis of funding amounts and other factors.
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  • Science & Tech Spotlight: Vaccine Safety
    In U.S GAO News
    Why this Matters Safe vaccines are critical to fighting diseases, from polio to COVID-19. Research shows that the protection provided by U.S. licensed vaccines outweighs their potential risks. However, misinformation and unjustified safety concerns can cause people to delay or refuse vaccination, which may increase preventable deaths and prolong negative social and economic impacts. The Science What is it? A vaccine is generally considered safe when the benefits of protecting an individual from disease outweigh the risks from potential side effects (fig. 1). The most common side effects stem from the body's immune reaction and include swelling at the injection site, fever, and aches. Figure 1. Symptoms of polio and side effects of the polio vaccine. A vaccine is generally considered safe if its benefits (preventing disease) outweigh its risks (side effects). In rare cases, some vaccines may cause more severe side effects. For example, the vaccine for rotavirus—a childhood illness that can cause severe diarrhea, dehydration, and even death—can cause intestinal blockage in one in 100,000 recipients. However, the vaccine is still administered because this very rare side effect is outweighed by the vaccine's benefits: it saves lives and prevents an estimated 40,000 to 50,000 childhood hospitalizations in the U.S. each year. The two messenger RNA (mRNA) vaccines authorized for COVID-19—a disease that contributed to more than 415,000 American deaths between January 2020 and January 2021—can cause severe allergic reactions. However, early safety reporting found that these reactions have been extremely rare, with only about five cases per 1 million recipients, according to data from January 2021 reports by the Centers for Disease Control and Prevention. In general, side effects from vaccines are less acceptable to the public than side effects from treatments given to people who already have a disease. What is known? Vaccine developers assess safety from early research, through laboratory and animal testing, and even after the vaccine is in use (fig. 2). Researchers may rely on previous studies to inform future vaccine trials. For example, safety information from preclinical trials of mRNA flu vaccine candidates in 2017 allowed for the acceleration of mRNA COVID-19 vaccine development. Vaccine candidates shown to be safe in these preclinical trials can proceed to clinical trials in humans. In the U.S., clinical trials generally proceed through three phases of testing involving increasing numbers of volunteers: dozens in phase 1 to thousands in phase 3. Although data may be collected over years, most common side effects are identified in the first 2 months after vaccination in clinical trials. After reviewing safety and other data from vaccine studies, the Food and Drug Administration (FDA) may license a vaccine to be marketed in the U.S. There are also programs to expedite—but not bypass—development and review processes, such as a priority review designation, which shortens FDA’s goal review time from 10 to 6 months. Safety monitoring continues after licensing. For example, health officials are required to report certain adverse events—such as heart problems—following vaccination, in order to help identify potential long-term or rare side effects that were not seen in clinical trials and may or may not be associated with the vaccine. Figure 2. Vaccine safety is assessed at every stage: development through post-licensure. Following a declared emergency, FDA can also issue emergency use authorizations (EUA) to allow temporary use of unlicensed vaccines if there is evidence that known and potential benefits of the vaccine outweigh known and potential risks, among other criteria. As of January 2021, two COVID-19 vaccines had received EUAs, after their efficacy and short-term safety were assessed through large clinical trials. However, developers must continue safety monitoring and meet other requirements if they intend to apply for FDA licensure to continue distribution of these vaccines after the emergency period has ended. What are the knowledge gaps? One knowledge gap that can remain after clinical trials is whether side effects or other adverse events may occur in certain groups. For example, because clinical trials usually exclude certain populations, such as people who are pregnant or have existing medical conditions, data on potential adverse events related to specific populations may not be understood until vaccines are widely administered. In addition, it can be difficult to determine the safety of new vaccines if outbreaks end suddenly. For example, vaccine safety studies were hindered during the 2014-2015 Ebola epidemic when a large increase in the number of cases was followed by a sharp decrease. This disrupted the clinical trials of Ebola vaccine candidates, because the trials require many infected and non-infected people. Furthermore, a lack of understanding and/or misinformation about the steps taken to ensure the safety of vaccines hinders accurate public knowledge about safety concerns, which may cause people to delay or refuse vaccination. This resulting hesitancy may, in turn, increase deaths, social harm, and economic damage. Opportunities Continuing and, where necessary, improving existing vaccine safety practices offers the following opportunities to society: Herd immunity. Widespread immunity in a population, acquired in large part through safe and effective vaccines, can slow the spread of infection and protect those most vulnerable. Health care improvements. Vaccinations can reduce the burden on the health care system by reducing severe symptoms that require individuals to seek treatment. Eradication. Safe vaccination programs, such as those combatting smallpox, may eliminate diseases to the point where transmission no longer occurs. Challenges There are a number of challenges to ensuring safe vaccines: Public confidence. Vaccine hesitancy, in part due to misinformation or historic unethical human experimentation, decreases participation in clinical trials, impeding identification of side effects across individuals with different racial, ethnic, and socioeconomic backgrounds. Mutating viruses. Some viruses, such as those that cause the flu or COVID-19, may mutate rapidly and thus may require new or updated vaccines, for which ongoing safety monitoring is important. Long-term and rare effects. Exceedingly rare or long-term effects may not be identified until after vaccines have been widely administered. Further study is needed to detect any such effects and confirm they are truly associated with the vaccine. Policy Context & Questions What steps can policymakers take to improve public trust and understanding of the process of assessing vaccine safety? How can policymakers convey the social importance of vaccines to protect the general public and those who are most vulnerable? How can policymakers leverage available resources to support ongoing vaccine development and post-licensure safety monitoring? For more information, contact Karen Howard at (202) 512-6888 or HowardK@gao.gov.
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  • Priority Open Recommendations: Department of Housing and Urban Development
    In U.S GAO News
    What GAO Found In April 2020, GAO identified 17 priority recommendations for the U.S. Department of Housing and Urban Development (HUD). Since then, HUD has implemented 5 of those recommendations by, among other things, taking actions to help HUD strengthen the monitoring of disaster recovery block grant funds and improving information technology management. In June 2021, GAO identified 1 additional priority recommendation for HUD, bringing the total number to 13. This recommendation involved improving the Real Estate Assessment Center's physical inspection process. The 13 recommendations fall into the following areas: Improve Real Estate Assessment Center's physical inspection process Address Ginnie Mae's risk management and staffing-related challenges Strengthen processes to address lead paint hazards Enhance oversight of Moving to Work Improve cybersecurity risk management and workforce planning practices Improve information technology management HUD's continued attention to these issues could lead to significant improvements in government operations. Why GAO Did This Study Priority open recommendations are the GAO recommendations that warrant priority attention from heads of key departments or agencies because their implementation could save large amounts of money; improve congressional and/or executive branch decision-making on major issues; eliminate mismanagement, fraud, and abuse; or ensure that programs comply with laws and funds are legally spent, among other benefits. Since 2015 GAO has sent letters to selected agencies to highlight the importance of implementing such recommendations. For more information, contact John Pendleton at (202) 512-8678 or pendletonj@gao.gov.
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    A Louisiana man pleaded guilty today to conspiracy to defraud the IRS.
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  • Canadian National Sentenced for Human Smuggling Conspiracy
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    A Canadian national was sentenced to 32 months in prison for conspiracy to bring undocumented immigrants to the United States for private financial gain in connection with his role in a scheme to smuggle undocumented immigrants from Sri Lanka through the Caribbean and into the United States.
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  • Public Health Preparedness: Information on the Use of Medical Reserve Corps Volunteers during Emergencies
    In U.S GAO News
    Almost all states have a network of health care volunteers—the Medical Reserve Corps—who can augment federal, state, and local capabilities in response to public health emergencies, such as those arising from wildfires and hurricanes, and infectious disease outbreaks. Having sufficient, trained personnel, such as these volunteers, is critical to a state's capability to respond and recover from public health emergencies. According to federal data, 48 states and the District of Columbia reported 102,767 health care volunteers in 838 Medical Reserve Corps units as of September 2019, with nurses making up 43 percent. Number of Medical Reserve Corps Volunteers by Type, as of September 2019 Note: These data illustrate 90 percent of total health care volunteers. The remaining five types volunteers each make up less than 5 percent of the total. Other Public Health Medical volunteers may include cardiovascular technicians, sonographers, and phlebotomists. Medical Reserve Corps volunteers in states included in GAO's review—Alabama, California, North Carolina, and New Mexico—were deployed in response to natural disasters in 2018 and 2019, migrants at the southern border in 2019, and COVID-19 in 2020. Department of Health and Human Services (HHS) documentation shows these volunteers performed a variety of health care activities, such as providing medical services, setting up and providing support at shelters, and distributing medical supplies. Volunteers from these four states and others also participated in the response to COVID-19 by supporting testing sites, collecting specimens, and performing administrative tasks, such as data entry. For example, one unit deployed four volunteers a day for 3 days to work alongside nurses at a drive-through testing site. In addition to responding to public health emergencies, volunteers participated in preparedness activities, such as an initiative to train the public on how to respond to emergencies. HHS oversees the Medical Reserve Corps program and has assisted units in developing their volunteer capabilities. For example, HHS funded the development of a checklist of activities that should occur during volunteer deployment such as re-verifying medical credentials; provided training to new unit leaders on developing, managing, and sustaining Medical Reserve Corps units; and issued generally accepted practices, such as periodically re-evaluating volunteer recruitment procedures. The Medical Reserve Corps consists of health care volunteers—medical and public health professionals—who donate their time to help strengthen a response to public health emergencies and build community resilience. These volunteers prepare for and respond to public health emergencies, which may include natural disasters—such as hurricanes and wildfires—as well as disease outbreaks, whether intentional or natural. The Pandemic and All-Hazards Preparedness and Advancing Innovation Act of 2019 included a provision for GAO to review states' use of health care volunteers during public health emergencies. This report describes (1) the number and type of Medical Reserve Corps volunteers; (2) the types of public health emergencies volunteers have participated in; and (3) how HHS has assisted in developing volunteer capabilities. To conduct this work, GAO analyzed data reported to HHS as of September 2019; reviewed HHS documentation on four states' use of volunteers, which GAO selected based on population, number of volunteers, and event; and interviewed officials from HHS who oversee the Medical Reserve Corps program. GAO plans to further examine how states have used health care volunteers to respond to public health emergencies, including COVID-19, and any associated challenges to doing so in a future report. GAO provided a draft of this report to HHS. In response, HHS provided technical comments, which were incorporated as appropriate. For more information, contact Mary Denigan-Macauley at (202) 512-7114 or deniganmacauleym@gao.gov.
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  • Man-Made Chemicals and Potential Health Risks: EPA Has Completed Some Regulatory-Related Actions for PFAS
    In U.S GAO News
    The Environmental Protection Agency (EPA) has completed three of six selected regulatory-related actions for addressing per- and polyfluoroalkyl substances (PFAS) outlined in EPA's PFAS Action Plan . (See fig.) For two of the three completed actions, the steps EPA took were also in response to the National Defense Authorization Act for Fiscal Year 2020 (FY20 NDAA): After proposing a supplemental significant new use rule in February 2020, EPA met a June 2020 deadline set in the FY20 NDAA when the EPA Administrator signed the final rule. Among other things, under the final rule, articles containing certain PFAS as a surface coating, and carpet containing certain PFAS, can no longer be imported into the U.S. without EPA review. EPA incorporated 172 PFAS into the Toxics Release Inventory in June 2020. The FY20 NDAA directed EPA to take this action, extending EPA's original planned action to explore data for listing PFAS chemicals to the inventory. Finally, in March 2020, EPA completed a third regulatory-related action, not required under the FY20 NDAA, when the agency proposed a preliminary drinking water regulatory determination for two PFAS—an initial step toward regulating these chemicals in drinking water. Status of Six Selected Regulatory-Related Actions in the Environmental Protection Agency's (EPA) Per- and Polyfluoroalkyl Substances (PFAS) Action Plan Planned action Status Propose a supplemental significant new use rule. Complete Explore data for listing PFAS chemicals to the Toxics Release Inventory. Complete Propose a drinking water regulatory determination. Complete Monitor PFAS in drinking water. Ongoing Explore industrial sources of PFAS that may warrant potential regulation. Ongoing Continue the regulatory process for a hazardous substances designation. Ongoing Source: GAO analysis of EPA's 2019 PFAS Action Plan. | GAO-21-37 Three of the six selected regulatory-related actions are ongoing, and EPA's progress on these actions varies. For example: As of August 2020, EPA was developing a proposed rulemaking for a nationwide drinking water monitoring rule that includes PFAS, which EPA officials said the agency intends to finalize by December 2021. EPA planned to continue the regulatory process for designating two PFAS as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act, would allow the agency to require responsible parties to conduct or pay for cleanup. On January 14, 2021, EPA issued an advance notice of proposed rulemaking for the hazardous substances designation to get public comment and data to inform the agency's ongoing evaluation of the two PFAS. Beginning in the 1940s, scientists developed a class of heat- and stain-resistant chemicals—PFAS—that are used in a wide range of products, including nonstick cookware, waterproof clothing, and some firefighting foams. PFAS can persist in the environment for decades or longer. The Centers for Disease Control and Prevention has found that most people in the U.S. have been exposed to two of the most widely studied PFAS, likely from consuming contaminated water or food. According to EPA, there is evidence that continued exposure above certain levels to some PFAS may lead to adverse health effects. In February 2019, EPA issued its PFAS Action Plan , which outlined 23 planned actions to better understand PFAS and reduce their risks to the public. GAO was asked to examine the status of regulatory-related actions in EPA's plan. For six regulatory-related actions GAO selected in EPA's PFAS Action Plan , this report examines (1) the number of actions that are complete and the steps EPA took to complete them and (2) the number of actions that are ongoing and EPA's progress toward completing them. GAO first identified those actions in the PFAS Action Plan that may lead to the issuance of federal regulations or could affect compliance with existing regulations. GAO then assessed the status of the actions by reviewing EPA documents and examining EPA's response to related FY20 NDAA requirements. For more information, contact J. Alfredo Gómez at (202) 512-3841 or gomezj@gao.gov.
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    Attorney General Merrick B. Garland announced today the Justice Department has opened a pattern or practice investigation into the City of Minneapolis (the City) and the Minneapolis Police Department (MPD). The investigation will assess all types of force used by MPD officers, including uses of force involving individuals with behavioral health disabilities and uses of force against individuals engaged in activities protected by the First Amendment. The investigation will also assess whether MPD engages in discriminatory policing. As part of the investigation the Justice Department will conduct a comprehensive review of MPD policies, training and supervision. The department will also examine MPD’s systems of accountability, including complaint intake, investigation, review, disposition and discipline. The Department of Justice will also reach out to community groups and members of the public to learn about their experiences with MPD. “The investigation I am announcing today will assess whether the Minneapolis Police Department engages in a pattern or practice of using excessive force, including during protests,” said Attorney General Garland. “Building trust between community and law enforcement will take time and effort by all of us, but we undertake this task with determination and urgency, knowing that change cannot wait.” This morning, Department of Justice officials informed Minneapolis Mayor Jacob Frey, MPD Chief Medaria Arradondo, City Attorney Jim Rowader, City Coordinator Mark Ruff, and City Council President Lisa Bender of the investigation. The department will continue to work closely with both the City and MPD as the investigation progresses. “One of the Civil Rights Division’s highest priorities is to ensure that every person in this country benefits from public safety systems that are lawful, responsive, transparent and nondiscriminatory,” said Principal Deputy Assistant Attorney General Pamela S. Karlan for the Justice Department's Civil Rights Division. “It is essential that police departments across the country use their law enforcement authority, including the authority to use force, in a manner that respects civil rights and the sanctity of human life.” “People throughout the city of Minneapolis want a public safety system that protects and serves all members of our community,” said Acting U.S. Attorney W. Anders Folk for the District of Minnesota. “This investigation by the Department of Justice provides a vital step to restore and build trust in the Minneapolis Police Department and its officers.” The investigation is being conducted pursuant to the Violent Crime Control and Law Enforcement Act of 1994, which prohibits state and local governments from engaging in a pattern or practice of conduct by law enforcement officers that deprives individuals of rights protected by the Constitution or federal law. The Act allows the Department of Justice to remedy such misconduct through civil litigation. The department will be assessing law enforcement practices under the First, Fourth and Fourteenth Amendments to the U.S. Constitution, as well as under the Safe Streets Act of 1968, Title VI of the Civil Rights Act of 1964 and Title II of the Americans with Disabilities Act. The Special Litigation Section of the Department of Justice Civil Rights Division, in Washington, D.C., and the U.S. Attorney’s Office for the District of Minnesota, in Minneapolis, are jointly conducting this investigation. Individuals with relevant information are encouraged to contact the Department of Justice via email at Community.Minneapolis@usdoj.gov or by phone at 866-432-0268. Individuals can also report civil rights violations regarding this or other matters using the Civil Rights Division’s new reporting portal, available at civilrights.justice.gov. Additional information about the Civil Rights Division is available on its website at www.justice.gov/crt. Additional information about the U.S. Attorney’s Office for the District of Minnesota is available on its website at https://www.justice.gov/usao-mn.
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  • Domestic Abuse: DOD Needs to Enhance Its Prevention, Response, and Oversight
    In U.S GAO News
    What GAO Found In its May 2021 report, GAO found that the Department of Defense (DOD) met a statutory requirement to collect and report data for incidents that it determined met its criteria for domestic abuse. In fiscal years 2015-2019, DOD determined that over 40,000 domestic abuse incidents met its criteria, of which 74 percent were physical abuse. However, DOD has not collected and reported accurate data for all domestic abuse allegations received, including those that did not meet DOD's criteria, as statutorily required. Thus, DOD is unable to assess the scope of alleged abuse and its rate of substantiation. In addition, despite a statutory requirement since 1999, DOD has not collected comprehensive data on the number of allegations of domestic violence—a subcategory of different types of domestic abuse that constitute offenses under the Uniform Code of Military Justice—and related actions taken by commanders. Improving collection of these data could enhance DOD's visibility over actions taken by commanders to address domestic violence. DOD and the military services have taken steps to implement and oversee domestic abuse prevention and response activities, but gaps exist in key areas, including creating awareness of domestic abuse reporting options and resources, allegation screening, and victim risk assessment. For example, while DOD and the military services have taken steps to promote awareness of reporting options and resources, DOD has not fully addressed challenges in doing so, and may miss opportunities to provide available resources to victims. In addition, the military services perform limited monitoring of installation incident-screening decisions and therefore lack reasonable assurance that all domestic abuse allegations are screened in accordance with DOD policy. DOD and the military services have developed risk assessment tools in accordance with DOD policy, but the Army, the Navy, and the Marine Corps have not ensured their consistent implementation across installations, and may therefore be limited in their ability to identify and convey the need for any critical safety measures for victims of domestic abuse. Finally, GAO found that the military services perform limited oversight of commanders' disposition of domestic violence incidents, referred to as command actions. These command actions can have significant implications, including for victims' eligibility for transitional compensation and Lautenberg Amendment restrictions to firearm possession for alleged abusers. DOD has not assessed the potential risks associated with its current disposition model for domestic violence incidents and the feasibility of potential alternatives that may respond to such risks. Performing such an assessment could provide the department and military services with a better understanding of such risks and their resulting potential impacts. Why GAO Did This Study This testimony summarizes the information contained in GAO's May 2021 report, entitled Domestic Abuse: Actions Needed to Enhance DOD's Prevention, Response, and Oversight (GAO-21-289). Specifically, this testimony discusses the extent to which 1) DOD has met statutory requirements to collect and report complete data on reports of domestic abuse and 2) DOD and the military services have implemented and overseen domestic abuse prevention and response activities, including commanders' disposition of incidents, in accordance with DOD policy.
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  • Warfighter Support: DOD Needs a Complete Picture of the Military Services’ Prepositioning Programs
    In U.S GAO News
    The services preposition combat and support assets ashore and afloat worldwide, including in the Indo-Pacific region. Prepositioned assets include combat vehicles, equipment sets for engineering and construction, and protective gear for chemical or biological attacks. During the COVID-19 pandemic, the Department of Defense (DOD) used prepositioned medical assets for personnel in Guam, South Korea, and Germany. All of the services have reported some shortfalls in their prepositioned assets from 2015 through 2019—including mortars, combat vehicles, and medical equipment. In the Indo-Pacific region, for example, the Army reported shortfalls in equipment to construct bridges over difficult terrain. All services also cited challenges, such as insufficient storage space, storage facilities located far away from intended points of use, and the perishability of some assets. In some cases, the services are taking actions to address these shortfalls and challenges. In others, the services are accepting risk because, according to officials, not all shortfalls and challenges can be fully addressed. Sailors and Marines Offload Assets from a Prepositioning Ship during the COVID-19 Response in Guam DOD has taken steps to implement a joint oversight framework but does not have a complete view of the services' prepositioning programs. DOD revised two guidance documents—an instruction in 2019 and a strategic implementation plan in 2020—to establish a joint oversight framework. However, DOD has focused much of its joint efforts to date on preparing a required annual report to Congress on the status of the services' prepositioning programs. While the report provides some useful information, GAO found inaccurate and inconsistent information in multiple annual reports, which hinder their utility. DOD does not have a reporting mechanism or information-collection tool to develop a complete picture of the services' prepositioning programs. The current annual reporting requirement expires in 2021, which provides DOD with an opportunity to create a new reporting mechanism, or modify existing mechanisms or tools, to enable a complete picture of the services' prepositioning programs. By doing so, DOD could better identify gaps or redundancies in the services' programs, make more informed decisions to mitigate asset shortfalls and challenges, reduce potential duplication and fragmentation, and improve its joint oversight. The U.S. military services preposition critical assets at strategic locations around the world for access during the initial phases of an operation. DOD uses these prepositioned assets for combat, support to allies, and disaster and humanitarian assistance. For many years, GAO has identified weaknesses in DOD's efforts to establish a joint oversight framework to guide its ability to assess the services' prepositioning programs. This has led to fragmentation and the potential for duplication. Senate Report 116-48 included a provision for GAO to evaluate the services' prepositioning programs and associated challenges. This report (1) describes the types of assets the services preposition worldwide, as well as asset shortfalls and challenges the services have identified, and (2) assesses the extent to which DOD has made progress in implementing a joint oversight framework for the services' programs. To conduct this work, GAO reviewed DOD prepositioning documents and interviewed DOD and State Department officials from over 20 offices. This is a public version of a sensitive report that GAO issued in December 2020. Information that DOD deemed sensitive has been omitted. GAO recommends that DOD develop a reporting mechanism or tool to gather complete information about the military services' prepositioning programs for joint oversight and to reduce duplication and fragmentation. DOD concurred with the recommendation. For more information, contact Cary B. Russell at (202) 512-5431 or russellc@gao.gov.
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    Two California men were each sentenced today to two years in prison for accepting bribes in return for a guarantee of a city permit to open a commercial cannabis dispensary.
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  • Priority Open Recommendations: Nuclear Regulatory Commission
    In U.S GAO News
    What GAO Found In April 2020, GAO identified seven priority recommendations for the Nuclear Regulatory Commission (NRC). Since then, NRC implemented one of these recommendations by issuing a risk management strategy that addresses key elements foundational to effectively managing cybersecurity risks. The remaining six priority recommendations involve the following areas: addressing the security of radiological sources. improving the reliability of cost estimates. improving strategic human capital management. NRC's continued attention to these issues could lead to significant improvements in government operations. Why GAO Did This Study Priority open recommendations are the GAO recommendations that warrant priority attention from heads of key departments or agencies because their implementation could save large amounts of money; improve congressional and/or executive branch decision-making on major issues; eliminate mismanagement, fraud, and abuse; or ensure that programs comply with laws and funds are legally spent, among other benefits. Since 2015, GAO has sent letters to selected agencies to highlight the importance of implementing such recommendations. For more information, contact Mark Gaffigan at (202) 512-3841 or gaffiganm@gao.gov.
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  • Major International Automotive-Parts Suppliers Restructure Deal to Resolve Antitrust Concerns
    In Crime News
    Auto parts supplier Tupy agreed to restructure its acquisition of Teksid after the Department of Justice raised concerns that the merger would result in higher prices and reduced quality and timeliness of production for crucial components used in heavy-duty engines. As initially proposed, the deal would have combined the two most significant suppliers of engine blocks and cylinder heads for heavy-duty engines to customers in North America. These components are key inputs for engines used in large trucks, construction and agricultural equipment, as well as numerous other vehicles. 
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  • Justice Department Files Civil Action to Shut Down Chicago-Area Tax Return Preparer
    In Crime News
    The United States has filed a complaint seeking to bar a Chicago-area tax return preparer from preparing federal income tax returns for others, the Justice Department announced today. The civil complaint against Lavon Boyd was filed in the U.S. District Court for the Northern District of Illinois and alleges that Boyd prepared federal income tax returns for Chicago-area taxpayers that significantly understated his customers’ tax liabilities by fabricating business losses. The suit alleges that Boyd fabricated or exaggerated his customers’ business expenses. The suit also charges that Boyd allegedly fabricated childcare expenses on at least one of his customers’ tax returns.
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  • Biofuel Fraudster Sentenced to Seven Years in Prison for Scamming Multiple Federal Agencies and Customers
    In Crime News
    The owner of a biofuel company was sentenced to seven years in prison followed by a three-year term of supervised release and ordered to pay $10,207,000 in restitution for defrauding multiple federal agencies and customers.
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  • 2020 Census: Census Bureau Needs to Assess Data Quality Concerns Stemming from Recent Design Changes
    In U.S GAO News
    The U.S. Census Bureau (Bureau) responded to COVID-19 in multiple phases. The Bureau first suspended field operations in March 2020 for two successive 2-week periods to promote the safety of its workforce and the public. In April 2020, the Bureau extended this suspension to a total of 3 months for Non-response Follow-up (NRFU), the most labor-intensive decennial field operation that involves hundreds of thousands of enumerators going door-to-door to collect census data from households that have not yet responded to the census. At that time, the Department of Commerce also requested from Congress a 120-day extension to statutory deadlines providing census data for congressional apportionment and redistricting purposes, and the Bureau developed and implemented plans to deliver the population counts by those requested deadlines. The Bureau implemented NRFU in multiple waves between July 16 and August 9, 2020, to ensure that operational systems and procedures were ready for nationwide use. The Bureau considered COVID-19 case trends, the availability of personal protective equipment, and the availability of staff in deciding which areas to start NRFU first. On August 3, 2020, the Bureau announced that, as directed by the Secretary of Commerce, it would accelerate its operational timeframes to deliver population counts by the original statutory deadlines. The U.S. District Court for the Northern District of California in September 2020 issued an injunction that reversed the Secretary's August 2020 directions for design changes and the Bureau's adherence to the statutory deadlines, but the Supreme Court ultimately stayed this injunction in October 2020 and allowed the Bureau to proceed with its August 2020 design changes. As a result, the Bureau shortened NRFU by over 2 weeks and reduced the time allotted for response processing after NRFU from 153 days to 77 days. GAO has previously noted that late design changes create increased risk for a quality census. The Bureau is examining ways to share quality indicators of the census in the near term and has a series of planned operational assessments, coverage measurement exercises, and data quality teams that are positioned to retrospectively study the effects of design changes made in the response to COVID-19 on census data quality. The Bureau is still in the process of updating its plans for these efforts to examine the range of operational modifications made in response to COVID-19, including the August 2020 and later changes. As part of the Bureau's assessments, it will be important to address a number of concerns GAO identified about how late changes to the census design could affect data quality. These concerns range from how the altered time frames have affected population counts during field data collection to what effects, if any, compressed and streamlined post-data collection processing of census data may have on the Bureau's ability to detect and fully address processing or other errors before releasing the apportionment and redistricting tabulations. Addressing these concerns as part of the overall 2020 assessment will help the Bureau ensure public confidence in the 2020 Census and inform future census planning efforts. As the Bureau was mailing out invitations to respond to the decennial census and was preparing for fieldwork to count nonresponding households, much of the nation began closing down to contain the COVID-19 pandemic. In response to the pandemic, the Bureau has made a series of changes to the design of the census. Understanding the chronology of events and the Bureau's decisions, along with the factors and information sources that it considered, can help to shed light on the implications and tradeoffs of the Bureau's response. This report, the first in a series of retrospective reviews on the 2020 Census, examines the key changes that the Bureau made in response to the COVID-19 outbreak and how those changes affect the cost and quality of the census. GAO performed its work under the authority of the Comptroller General to conduct evaluations on the 2020 Census to assist Congress with its oversight responsibilities. GAO reviewed Bureau decision memos, interviewed Bureau officials, and consulted contemporaneous COVID-19 case data for context on the Bureau's COVID-19 response. GAO is recommending that the Bureau update and implement its assessments to address data quality concerns identified in this report, as well as any operational benefits. In its comments, the Department of Commerce agreed with GAO's findings and recommendation. The Bureau also provided technical comments, which GAO incorporated as appropriate. For more information, contact J. Christopher Mihm at (202) 512-6806 or mihmj@gao.gov or Nick Marinos at 202-512-9342 or by email at marinosn@gao.gov.
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  • Department Of Justice And U.S. Patent And Trademark Office To Host Public Workshop On Promoting Innovation In The Life Science Sector
    In Crime News
    The Justice Department’s Antitrust Division (DOJ) and the U.S. Patent and Trademark Office (USPTO) will host a virtual public workshop on Sept. 23rd and 24th, 2020 to discuss the importance of intellectual property rights and pro-competitive collaborations for life sciences companies, research institutions, and American consumers. 
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  • Final Defendant Sentenced in $7 Billion Investment Fraud Scheme
    In Crime News
    The former chief of Antigua’s Financial Services Regulatory Commission (FSRC) was sentenced today to 10 years in prison for his role in connection with a $7 billion Ponzi scheme involving the Stanford International Bank (SIB).
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  • Program on VMI Case Recalls Ginsburg’s Crusade for Gender Equality
    In U.S Courts
    A recent program honoring the 25th anniversary of a landmark case allowing women to enroll in the Virginia Military Institute (VMI) also celebrated a broader theme: Justice Ruth Bader Ginsburg’s decades-long effort to remove gender bias from state and federal laws.
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  • Laboratory Safety: FDA Should Strengthen Efforts to Provide Effective Oversight
    In U.S GAO News
    The Food and Drug Administration (FDA) has taken steps intended to improve safety at its laboratories, including those that work with hazardous biological agents. Specifically, FDA created the Office of Laboratory Safety (OLS) in 2017 as a safety oversight body for all FDA laboratories. Establishment of FDA's Office of Laboratory Safety (OLS) Note: Prior to March 2019, OLS was referred to as the Office of Laboratory Science and Safety. In coordination with FDA's operating divisions—known as centers—OLS has standardized safety policies, incident reporting, inspections, and safety training. However in creating OLS, FDA did not implement key reform practices that could have helped ensure OLS's effectiveness. For example, FDA's centers and OLS did not reach a shared understanding of OLS's roles and responsibilities—a key practice for effective agency reforms. Although senior agency leaders were involved in developing OLS's strategic plan, disagreements about OLS's role raised by center directors at that time still remain. For example, center directors told GAO that OLS's mission should not include science, laboratory quality management, or inspections. Conversely, the director of OLS said OLS remains committed to its mission as envisioned in the strategic plan, which includes these areas of responsibility. FDA officials said they plan to update the plan in 2021, which presents an opportunity for FDA to address areas of disagreement. In its current form, FDA's laboratory safety program also does not meet the key elements of effective oversight identified in GAO's prior work. For example, The oversight organization should have clear authority to ensure compliance with requirements. However, as part of a 2019 reorganization, FDA placed the OLS director at a lower level than the center directors. Also, OLS does not directly manage the center safety staff responsible for ensuring the implementation of safety policies that OLS develops. As a result, OLS has limited ability to access centers' laboratories—in part because they cannot inspect them unannounced—or to ensure compliance with safety policies. The oversight organization should also be independent from program offices to avoid conflict between program objectives and safety. However, OLS depends on the centers for much of its funding and has had to negotiate with the centers annually for those funds, which can allow center directors to influence OLS priorities through the funding amounts they approve. FDA has not assessed potential independence risks from using center funds for OLS. Without taking steps to do so, FDA's laboratory safety program will continue to compete with the centers' mission objectives and priorities. In 2014, FDA discovered improperly stored boxes of smallpox virus, posing a risk to individuals who might have been exposed. This raised concerns about the oversight of FDA's laboratories that conduct research on hazardous biological agents. In 2016, GAO made five recommendations to improve FDA's laboratory safety, four of which the Department of Health and Human Services (HHS) had not fully implemented as of July 2020. GAO was asked to examine FDA's efforts to strengthen laboratory safety. This report examines FDA's efforts since GAO's 2016 report to improve safety in its laboratories that work with hazardous biological agents. To conduct this work, GAO reviewed FDA documents; assessed FDA's safety oversight practices against key reform practices and oversight elements GAO identified in prior work; and interviewed FDA officials, including staff and senior leaders at OLS and the three centers that work with hazardous biological agents. GAO is making five recommendations to FDA, including to resolve disagreements over roles and responsibilities, to provide OLS with the authority and access to facilities necessary to oversee laboratory safety, and to take steps to assess and mitigate any independence risks posed by how OLS is funded. HHS agreed with all five recommendations. For more information, contact Mary Denigan-Macauley at (202) 512-7114 or deniganmacauleym@gao.gov.
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  • U.S.-Greenland Technical Engagement on Mining Sector Education and Training
    In Crime Control and Security News
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  • Interface Rehab to Pay $2 Million to Resolve False Claims Act Allegations
    In Crime News
    Interface Rehab (Interface), headquartered and operating in California, has agreed to pay $2 million to resolve allegations that it violated the False Claims Act by causing the submission of claims to Medicare for rehabilitation therapy services that were not reasonable or necessary.
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  • Justice Department Defends Health Care Workers from Being Forced to Perform Abortions with Vermont Lawsuit
    In Crime News
    The Justice Department’s Civil Rights Division today filed a civil lawsuit in Vermont federal court against the University of Vermont Medical Center (UVMMC) for violating the federal anti-discrimination statute known as the “Church Amendments.” That statute prohibits health care entities like UVMMC from discriminating against health care workers who follow their conscience and refuse to perform or assist with abortions.
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  • Removal Order Upheld Against Tennessee Man Who Served as Nazi Concentration Camp Guard During WWII
    In Crime News
    The Board of Immigration Appeals (BIA) has dismissed the appeal of Tennessee resident Friedrich Karl Berger, a German citizen who was ordered removed from the United States earlier this year on the basis of his service in Nazi Germany in 1945 as an armed guard of concentration camp prisoners in the Neuengamme Concentration Camp system (Neuengamme).
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  • Massachusetts Woman Pleads Guilty to Tax and Drug Charges Arising from Multimillion-Dollar Marijuana Enterprise
    In Crime News
    A Massachusetts woman pleaded guilty today to tax evasion, conspiracy to distribute marijuana, possession of marijuana with intent to distribute, and money laundering.
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  • Statement by Acting Attorney General Monty Wilkinson on the Pakistani Supreme Court’s Ruling Relating to the Abduction and Murder of Daniel Pearl
    In Crime News
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  • Statement By Department Of Justice Spokesperson Kerri Kupec On The Execution Of William Emmett Lecroy Jr.
    In Crime News
    Department of Justice Spokesperson Kerri Kupec has issued the following statement.
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  • Federal Contractor Agrees to Pay More Than $6 Million to Settle Overbilling Allegations
    In Crime News
    Virginia-based Information Innovators Inc. (Triple-I) has agreed to pay the United States $6.05 million to resolve allegations that a predecessor company, Creative Computing Solutions Inc. (CCSi), violated the False Claims Act by knowingly overbilling the U.S. Department of Homeland Security (DHS) for work performed by CCSi employees who lacked required job qualifications.
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  • F-35 Sustainment: Enhanced Attention to and Oversight of F-35 Affordability Are Needed
    In U.S GAO News
    What GAO Found F-35 mission capable rates—a measure of the readiness of an aircraft fleet—have recently improved, but still fall short of warfighter requirements, as discussed in our draft report. Specifically, from fiscal year 2019 to fiscal year 2020, the U.S. F-35 fleet's average annual (1) mission capable rate—the percentage of time during which the aircraft can fly and perform one of its tasked missions—improved from 59 to 69 percent; and (2) full mission capable rate—the percentage of time during which the aircraft can perform all of its tasked missions—improved from 32 to 39 percent. Both metrics fall below the services' objectives. For example, in fiscal year 2020 the Air Force F-35A full mission capable rate was 54 percent, versus a 72 percent objective. Since 2012, F-35 estimated sustainment costs over its 66-year life cycle have increased steadily, from $1.11 trillion to $1.27 trillion, despite efforts to reduce costs. The services face a substantial and growing gap between estimated sustainment costs and affordability constraints—i.e., costs per tail (aircraft) per year that the services project they can afford—totaling about $6 billion in 2036 alone (see fig.). The services will collectively be confronted with tens of billions of dollars in sustainment costs that they project as unaffordable during the program. Gap between F-35 Affordability Constraints and Estimated Sustainment Costs in 2036 Note: Costs are in constant year 2012 dollars as that was the year when the F-35 program was most recently re-baselined. aSteady state years for the F-35 program are defined in each respective service's affordability analysis as: US Air Force/F-35A – 2036-2041; US Marine Corps/F-35B – 2033-2037; US Navy/F-35C – 2036-2043. Steady state refers to the program's peak operating point. The Air Force needs to reduce estimated costs per tail per year by $3.7 million (or 47 percent) by 2036 or it will incur $4.4 billion in costs beyond what it currently projects it could afford in that year alone. Cost reductions become increasingly difficult as the program grows and matures. However, GAO found there is no agreed upon approach to achieve the constraints. Without an assessment of cost-reduction efforts and program requirements (such as number of planned aircraft), along with a plan, the Department of Defense (DOD) may continue to invest resources in a program it ultimately cannot afford. Congress requiring DOD to report on its progress in achieving affordability constraints and making F-35 procurements contingent on DOD's demonstrated progress would enhance DOD's accountability for taking the necessary and appropriate actions to afford sustaining the F-35 fleet. Why GAO Did This Study The F-35 aircraft with its advanced capabilities represents a growing portion of DOD's tactical aviation fleet—with the Air Force, Marine Corps, and Navy currently flying about 400 of the aircraft. It is also DOD's most ambitious and costly weapon system in history, with estimated life-of-program costs exceeding $1.7 trillion. DOD plans to procure nearly 2,500 F-35s at an estimated total acquisition cost of just under $400 billion. The remaining $1.3 trillion in life cycle costs is associated with operating and sustaining the aircraft. This statement, among other things, assesses the extent to which (1) the F-35 has met warfighter-required mission capable rates; and (2) DOD has reduced the F-35's estimated life cycle sustainment costs and made progress in meeting its affordability constraints. This statement is largely based on GAO's draft report, which was provided to DOD in March for review and comment. For that report and this statement, GAO reviewed program documentation, analyzed performance and cost data, collected data from F-35 locations, and interviewed officials.
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