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Monday, March 7, 2022
News from BP Gibson: Resources and Updates
Long Island Medical Doctor Pleads Guilty to Medicare Billing Fraud Scheme
Defendant Was Paid Over $1 Million for Procedures on Patients That Were Never Performed
Earlier today, in federal court in Central Islip, Morris Barnard, a medical doctor practicing in Great Neck, New York, pleaded guilty to health care fraud in connection with billing Medicare for millions of dollars for medical procedures that were never actually performed. The proceeding was held before United States Magistrate Judge Anne Y. Shields.
Breon Peace, United States Attorney for the Eastern District of New York, Scott Lampert, Special Agent-in-Charge, Health & Human Services and Michael Driscoll, Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI) announced the guilty plea.
“With today’s guilty plea, Dr. Barnard admits to committing a multi-million dollar fraud on the Medicare program by billing for procedures he did not perform,” stated United States Attorney Peace. “By claiming to render services to disabled and other vulnerable patients, Dr. Barnard not only pocketed taxpayer funds that were intended to help beneficiaries in need, he also betrayed his oath for profit. We will continue to work closely with our law enforcement partners to protect the integrity of taxpayer-funded health care programs.”
“Money that’s allocated for Medicare-approved services, and fraudulently paid out to providers who don’t actually perform these services, is a crime that’s ultimately paid for by taxpayers themselves. Our office is committed to rooting out this type of fraudulent activity and maintaining the integrity of our government-sponsored health care programs,” stated FBI Assistant Director-in Charge Driscoll.
“The defendant’s actions diverted scarce taxpayer funds from the Medicare program for personal enrichment, while taking advantage of vulnerable individuals,” stated HHS-OIG Special Agent-in-Charge Lampert. “Working with our law enforcement partners, HHS-OIG will continue to ensure that providers that bill federally funded health care programs do so in an honest manner, and criminals will be held accountable.”
From October 2015 through February 2020, Dr. Barnard submitted over $3 million in billings to Medicare for colonoscopy and gastroenterological procedures that were not done. Most of these billings indicated that the services were rendered to disabled beneficiaries, who were living in residential group homes. Medicare reimbursed approximately $1.4 million of these false claims, none of which Dr. Barnard was entitled to receive.
Statement from Governor Kathy Hochul on the MTA Receiving $769 Million in Additional COVID Relief Funding from the Federal Transit Administration
“The MTA is the lifeblood of the New York City region, and investing in quality, reliable transit service is key to our economic recovery. This additional $769 million in funding brings the total federal pandemic aid for the MTA to over $15 billion and is a victory for New Yorkers who rely on the system. I thank Senators Schumer and Gillibrand and our Congressional delegation for their ongoing support of our transportation systems as we keep working to bring our economy back.”
Former NYC Councilman Rev. Ruben Diaz - My People Perish For Lack of Knowledge (Hosea 4:6)
You should know that New York State Governor, Kathy Hochul, recently made the following announcement: She said that "New York will not allow Republicans to come and change our Reproductive Laws”. What she really meant to say but did not have the audacity to plainly say it, is that “New York will not allow the Republicans to come and change their (the Democrats) radical Abortion Laws.”
She made this declaration apparently too ashamed to use the word "Abortion". The Leftists
This change in words is a clever, sophisticated, but a deceiving strategy that too often results in uniting a large block of voters, who do not fully understand this play on words and their true hidden meanings. Therefore, words used in place of the actual words appear to be something they are not.
This is intended to, deceitfully, hide Democrats Leftists Agenda. An agenda that most people, especially people of faith, do not support. The voter will unknowingly vote for pro-abortion candidates, and for the very policies they abhor. Abortion and Late term Abortions become laws disguised as “Pro-Choice Rights” or “Reproductive Rights”, etc.
Most Democrats and elected officials, either willingly play into this game of semantics or they are too ashamed to publicly say what they really mean. They will not campaign as a pro-abortion candidate, and instead they campaign as a “Pro-Choice” candidate. You see how easier that is to swallow? I guess this makes them feel better about themselves. They convince themselves that they are doing something “Nobel”, something great that would benefit women and their unborn children.
During campaign season, we often hear candidates and elected officials proudly say that they support a "Women’s Right to Choose” or they will promise to protect "Reproductive Rights.” But don’t be fooled. Please know that these nice phrases are synonymous to saying they support “Abortion”. That my dear reader, leads to the end of an innocent life. As the saying goes “A spoonful of sugar helps the medicine go down.”
It is important for you to know, that we as Christians, followers of Jesus Christ, and believers in the Holy Scriptures, believe in “Reproduction”, not “Abortion”. Reproduction
It is unfortunate that far too many Christian voters and people of faith have been purposely deceived and do not know that when they support and vote for a person who publicly says that they are “Pro-choice” or “Pro-
It is important for you to know that the Left is very aware of how crucially important words are in today’s culture and how words convey emotions and transform one's thinking. They know how to use certain words or terms that will convey emotions in the hearts and minds of the electorate. Words have been changed to such a level that if we are to use the original terms, we will be confronted with insults, criticized, subjected to name calling and condemnation from the Left.
For example, persons entering the U.S. illegally; can no longer be called “Illegal Aliens”. Now an easier term to swallow is "Undocumented Immigrant”. Please note, that although this play on words may sound great, it does nothing to help solve the serious problem of illegal immigration. The individual is still here Illegally, disadvantaged, and still faces the problems and hardships that come with it.
Another example on this play on words, is that many reject the use of the word “Homosexual”. You are “Homophobic”, a “bigot” or a “Preacher of Hatred” accused of “hate speech”, and other derogatory terms, if you dare use the word “Homosexual” instead of the word “Gay” (note the original meaning of "Gay” was to be joyous or in a state of happiness).
Now Drug Addicts, and Alcoholics, are called and treated as “Persons with Disabilities” or “Persons with Substance Dependency”. Failure to use the proper verbiage will subject you to accusations of being “insensitive”, “hateful”, and you're accused of having discriminated against that person.
It is very important for you to know that in Washington D.C., individuals dressed as members of the clergy, gather in front of Abortion clinics to pray, and proclaim that abortion is a righteous "Sacred and Holy” act. Can you imagine how far we have fallen as a society when the truth no longer matters?
A person who enters a life of Prostitution, obviously, were called “Prostitutes”. Now they are to be called “Sex Trade Workers” or “Employees of the Sex Industry”. This makes the selling of your body sound more respectable and acceptable.
These changes in our language, this game of semantics, and the transformation of the true meaning of the word has negatively impacted our society. It has caused much confusion, division, misunderstandings, and the condemnation of Christians and other groups of faith. This has proven to be detrimental to the people of our City and State.
The Leftists, Socialists, Communists, and Progressive’s goal is to permanently transform our vocabulary. Why? Because they know that whoever controls the language, controls the culture, the hearts, minds, and successfully controls the agenda. Changing the vocabulary, conceals the truth and pushes forward the Leftists “Progressive” agenda.
My advice is this; let’s keep true to our words and keep their Rightful Meanings. Let’s say what we mean and mean what we say. If we believe in what is written in Scripture, that in the beginning God created everything and named all things. Then let’s keep it real. The word of God says that "He never changes" (Malachi 3:6) and that He is "the same yesterday, today, and forever" (Hebrew 13:8). We cannot think to be wiser or more intelligent than The Creator of the Universe.
This is not based on Racism, Discrimination, Homophobia, let alone Hate speech. This has everything to do with the Truth, Transparency, Liberty, Freedom of Religion, and the free exercise thereof.
I am Rev. Ruben Diaz Sr., and This Is What You Should Know.
Attorney General James Releases Top 10 Consumer Complaints of 2021
Top Frauds Included Internet, Housing Issues, Retail, Automobile, and Consumer Services
AG James Offers Tips to Avoid Scams, Urges New Yorkers to Report Fraud to Her Office
New York Attorney General Letitia James kicked off National Consumer Protection Week by releasing a list of the top 10 consumer fraud complaints received by the Office of the Attorney General (OAG) in 2021. Attorney General James also provides a variety of tips on how consumers can avoid common scams.
“Let this list serve as a warning to all New Yorkers to keep their guard up against scam artists,” said Attorney General James. “From inaccurate turnaround times for COVID-19 test results to deceitful debt collectors, scammers took advantage of these difficult times to mislead and deceive New Yorkers. My office is committed to rooting out fraudsters and protecting all New Yorkers, young and old, from harm. Consumers have been valuable in helping my office identify and eradicate fraud, and I urge them to remain vigilant and follow these tips.”
The following are the top 10 consumer complaints received by OAG in 2021 by category:
1. Internet | Internet-Related (internet services and service providers, data privacy and security, digital media, data breaches, frauds through internet manipulation). | 8346 |
2. Landlord / Tenant | Landlord/Tenant Disputes (security deposit releases, tenant-harassment). | 3144 |
3. Retail Sales | Retail related (price gouging, defective merchandise, poor customer service, pet stores, and animal breeders). | 2678 |
4. Services | Consumer related services (COVID-19 testing facilities, alarm companies, dry cleaners, restaurants, movers, services for personal household use). | 2610 |
5. Automobile | Automobile (sales, service, financing, repairs) | 2283 |
6. Credit | Credit (debt collection, credit card billing, debt settlement and debt relief, payday loans, credit repair, credit reporting agencies, identity theft) | 1539 |
7. Utilities | Utilities (wireless and residential phones, energy servicers and suppliers, cable, and satellite) | 1145 |
8. Home Repair/Improvement | Home Repair/Improvement (repair issues, deceitful contractors) | 1034 |
9. Health Clubs | Health Clubs (inability to cancel memberships, inability to access facilities, refunds not provided, no response from clubs) | 778 |
10. Furniture/Appliances | Furniture/Appliances (defective merchandise, delivery problems, and service and repair issues). | 611 |
Attorney General James offers various tips to protect New Yorkers from future scams:
Internet
o Do not use the same password for multiple accounts. Cybercriminals use passwords stolen from one company for other online accounts. Earlier this year, Attorney General James announced that a sweeping investigation by her office had identified more than 1.1 million online accounts compromised in credential stuffing cyberattacks on just 17 well-known companies. New Yorkers can protect themselves with the following safeguards:
o Never reuse passwords. While reusing login information may be convenient, it also puts consumers at risk. A password manager on a phone or computer can keep track of passwords, automatically filling them in when they log in to a website or an app.
o Enable two-factor authentication (2FA): 2FA can provide an extra layer of security by requiring anyone logging in to an account to provide another credential, such as a one-time code sent by SMS or email.
o Check your online accounts regularly for unauthorized transactions and immediately contact your online service (or credit card company, if appropriate) if you see something suspicious.
o Register with a breach notification service, like Have I Been Pwned, that will send a notification if an account associated with your email or phone number has been compromised.
Landlord/Tenant:
o Your landlord must return your security deposit within 14 days of you moving out. If your landlord takes any money out of the security deposit for damages, they must provide an itemized receipt describing the damage and its cost. If your landlord doesn’t give you this receipt within 14 days of moving out, then they must return your entire security deposit, whether there is damage or not. If your landlord fails to comply, you may be entitled to up to twice the amount of the security deposit.
o If you are having trouble paying your rent, please contact your local Department of Social Services. To find offices across the state, check https://otda.ny.gov/workingfamilies/dss.asp. NYC residents can call 311 and ask about rental assistance programs. More resources are available here: https://ag.ny.gov/coronavirus/tenants-rights#pay-rent
Retail Sales:o If you see unconscionably excessive prices for at-home COVID-19 testing kits or other goods vital and necessary for health, safety, and welfare, you are encouraged to report it to my office immediately.
o Free COVID-19 testing kits are available from the U.S. Government at www.covidtests.gov.
Consumer related services:o COVID-19 testing facilities that advertise test-result turnaround times are required to accurately convey how long it will take for consumers to receive their test results.
o Any consumer who believes a lab or other testing facility is making misleading statements about their turnaround time for COVID-19 test results should report it to my office immediately.
Automobile:o Beware of deceptive sales tactics when purchasing or leasing a car. New and used automobile prices keep climbing, due to factors such as high demand and a global semiconductor shortage, which are a critical component of new automobiles. Never sign any documents or leave the dealership with a car until you have reviewed all of your paperwork carefully. Do not sign a blank document that does not have numbers or terms filled in.
o Make sure that what you are signing is consistent with what the salesperson told you and that you are not being charged for any extra accessories or products that you did not ask for, such as warranties, tire and wheel protection, and vin etching. Ask the salesperson or finance manager about any fees or charges you do not understand and whether they are required by law.
Credit:o If you have debt in collection, debt collectors are required to provide you with key information about the origin and history of your debt within five days of their first communication with you. You also have a right to dispute the debt, and once you do, the collector must stop all attempts to collect from you until they provide information supporting their claim to the debt.
o Debt collectors cannot harass you, and must follow limits on how, and how often, they contact you. For example, they cannot call you more than seven times in any seven-day period and cannot call you between 8 PM and 9 AM. You have the right to tell debt collectors not to contact you by email or text message or any other means of communication, and you may tell them not to contact you at all.
o Starting on April 7, 2022, creditors cannot sue you, or threaten to sue you, on debts that are older than three years. Prior to April 7, creditors cannot sue you, or threaten to sue you, on debts that are older than six years, or even less, depending where the original company or person you owed the debt to is located.
Utilities:o Thousands of New Yorkers recently saw considerable and sudden increases in their gas and electric bills. Attorney General James has demanded reforms from Con Edison that include a commitment to providing consumers advance notice of such increases. Any consumer who believes they received a high utility bill as a result of a billing error should report it to OAG immediately.
o If you have trouble paying your energy bill, contact the utility company. Resources are available for consumers who may need help paying their utility bill. Utilities companies offer programs and payment plans to help.
o In addition, the Home Energy Assistance Program (HEAP) helps low-income individuals pay the cost of heating their homes. Information on how to apply is available at otda.ny.gov/programs/heap/.
Home Repair/Improvement:o Many of our homes have suffered wear and tear due to the pandemic. Before entering into a contract, shop around for estimates, check in with the Better Business Bureau, suppliers and neighbors for references.
o Know your rights: You have three days after signing a home improvement contract to cancel it.
Health Clubs:o New York’s Health Club Law authorizes gym members to cancel their membership under certain circumstances, including “after the services are no longer available or substantially available as provided in the contract because of the [gym’s] permanent discontinuance of operation or substantial change in operation,” and requires gym owners to provide prorated monetary refunds (NOT credits) for such cancellations within 15 days. In 2021, Attorney General James resolved a lawsuit against the parent company of New York Sports Club and Lucille Roberts for unlawfully charging monthly dues to members and for partaking in a variety of illegal and fraudulent practices involving consumers’ cancellation rights during the COVID-19 pandemic. Attorney General James obtained the proceeds of a $250,000 bond for restitution to affected consumers.
o Additionally, the law further prohibits misrepresentations about consumers’ cancellation rights.
Furniture/Appliances:o Always find out what a furniture or an appliance retailer’s return policy is before making a purchase. Some online retailers require customers to pay for return shipping which can make it cost-prohibitive for people to return bulky furniture or appliances.
Consumers can learn more about COVID-19 resources and consumer scams on the OAG website. Attorney General James reminds consumers that in addition to being vigilant, they should report instances of fraud to her office. Consumers are encouraged to file complaints by completing and submitting a Consumer Frauds and Protection Bureau online complaint form or by calling (800) 771-7755 if they are unable to submit a form online.
Governor Kathy Hochul Announces Department of Motor Vehicles Has Recovered $1.65 Million for Consumers from Auto Dealers and Repair Shops
During National Consumer Protection Week, Governor Highlights DMV Success Pursuing Customer Refunds, Recovering Titles, and Ensuring Completed Repair Work
National Consumer Protection Week Runs March 6 Through 12
Governor Kathy Hochul today announced that more than $1.65 million in goods and services have been recovered for New Yorkers who received faulty or fraudulent service from auto dealers and repair shops. The New York State Department of Motor Vehicles helped customers recover titles when dealerships closed abruptly, assisted people to get repairs or refunds, and in some cases, dealerships bought back vehicles to settle disputes.
“When bad actors try to take advantage of consumers, New York will fight back,” Governor Hochul said. “My administration is dedicated to protecting consumers from fraud, working closely with motorists who file complaints to make sure they get what they pay for. This money recouped by the DMV on behalf of consumers is a testament to our ongoing efforts to make our state a better, fairer place for all New Yorkers.”
The Department of Motor Vehicles’ Office of Vehicle Safety investigates complaints from consumers who believe they were misled or wronged by a DMV-regulated business. In 2021, the agency was able to recoup refunds for 540 customers totaling more than $385,000. In other instances, DMV investigated complaints about the quality of the repair work done on customer’s vehicles. DMV enabled those consumers to get a total of $78,000 of additional repair work completed at no additional charge to the customer.
In addition, some customers were sold cars by auto dealers who went out of business before issuing the vehicle titles, meaning the consumer was left with no proof of ownership but in many cases still on the hook for the car payments. DMV’s offices of Vehicle Safety and Title Services worked together to recover vehicle titles worth more than $682,000 for those customers.
Since 2017, when the DMV began to track data on those recoveries, the Department has helped 279 consumers gain clear title to their vehicles worth more than $4.5 million.
A certificate of title for a vehicle is what establishes a person or business as the legal owner. It includes important information about the vehicle’s history and the vehicle itself, including year, make, and model. Without a title, a vehicle owner is unable to transfer ownership, remove a lien, or provide proof of ownership necessary to take out a loan on the vehicle or file an insurance claim.
In some cases where the customer filed a complaint about a vehicle purchase, dealers offered to buy the vehicle back during the course of the DMV investigation. The value of such repurchases in 2021 was more than $503,000.
Department of Motor Vehicles Commissioner Mark J.F. Schroeder said, “We at DMV are very proud of the work our Vehicle Safety unit does on behalf of consumers. Anyone who believes they have been taken advantage of during a sales or repair experience should know they have an advocate to stand up for them to make sure they get what they pay for.”
When customers make a complaint, DMV first discusses it with the customer and the business to try to resolve it amicably. About half of all complaints are settled directly. If the problem is not resolved, a DMV inspector investigates the complaint. If it is found that a dealer or shop violated laws and/or regulations, DMV can impose fines and suspend or revoke business registrations.
To learn more about filing a complaint, see DMV's Guide to Consumers. DMV also helps businesses and offers information on their rights if faced with a complaint in our Guide for Facilities.
New Yorkers can learn about their rights when they bring their vehicles into a repair shop on DMV’s Know Your Rights in Auto Repair page.
To be certain they are using a state-licensed repair shop or dealer that performs repair work, consumers should look for a green and white "Registered State of New York Motor Vehicle Repair Shop" sign outside the shop and a valid New York State Department of Motor Vehicles registration certificate inside. For a dealership, the sign will be red and white.
Consumers can also verify that a repair shop, auto dealer or motor vehicle inspection station is properly registered on the Find a DMV-Regulated Business web page. For consumers as they prepare to buy, trade or sell a vehicle, the DMV also offers useful advice on its Let the Buyer Be Aware page.