Friday, May 27, 2016
Thursday, May 26, 2016
A.G. Schneiderman Announces Settlement With Pharmacy That Billed Medicaid For 4,600 Prescriptions Written By Excluded Provider
Pharmacy To Pay $478K In Restitution And Damages
Schneiderman: My Office Will Continue Working To Root Out Medicaid Fraud And Recover Unlawfully Claimed Funds
Attorney General Eric T. Schneiderman announced today that his office has entered into a settlement agreement with Vascuscript, Inc., d/b/a Mobile Pharmacy Solutions, to resolve allegations that it billed Medicaid for prescriptions which were written by an excluded Medicaid Provider.
“When Medicaid payment is obtained for prescriptions ordered by an excluded Medicaid Provider, New York tax dollars are spent on services which are ineligible for such payment,” said Attorney General Schneiderman. “My office will continue working to root out Medicaid fraud and recover unlawfully claimed funds, so that Medicaid can continue providing critical services for those in need.”
The Attorney General’s investigation determined that from April 21, 2010, through January 25, 2013, Vascuscript, Inc. submitted and received payment on approximately 4,600 claims to Medicaid for prescriptions that were written by Dr. Mikhail Strutsovskiy. The Department of Health had previously excluded Dr. Strutsovskiy from the Medicaid program, rendering prescriptions written by him ineligible for Medicaid reimbursement. Before filling a prescription, pharmacies are required under Medicaid billing rules to first ascertain whether the prescriber’s services are eligible for reimbursement. Because Vascuscript did not do so, it filled and delivered the prescriptions written by Dr. Strutsovskiy that were not eligible for Medicaid reimbursement.
As a result of the Attorney General’s settlement with Vascuscript, Inc, the pharmacy will pay New York State $442,000 plus $36,000 in damages pursuant to the New York False Claims Act.
5 Charged In National Counterfeit Perfume Ring
The Counterfeit Trademarked Perfumes Were Sold in New York and at Least Six Other States
Preet Bharara, the United States Attorney for the Southern District of New York, Angel Melendez, Special Agent in Immigration and Customs Enforcement’s Homeland Security Investigation in New York (“HSI”), Robert E. Perez, Director of the U.S. Customs and Border Protection New York Field Office (“CBP”), and William J. Bratton, the Commissioner of the New York City Police Department (“NYPD”), announced that PATRICK BADAL, KAIUM SHAH, KENNY NI, ABUL KASHEM, and PARVEZ SHAZZED were arrested today for participating in a scheme to distribute counterfeit name brand perfumes in New York and around the United States. The defendants were presented this afternoon in Manhattan federal court before U.S. Magistrate Judge Gabriel W. Gorenstein.
According to the allegations in the Complaint unsealed today in Manhattan federal court[1]:
From December 2014 to May 2016, the defendants and others (collectively, the “Counterfeit Perfume Ring”) imported generic liquid fragrances from China, separately imported boxes and packaging bearing counterfeit trademarks from China, packaged the generic liquid fragrances into the branded and trademarked packaging, and then sold counterfeit perfumes to wholesalers in New York and at least six other states, including out of a store located in or around Lafayette Street in New York City.
Based on physical surveillance conducted by NYPD and HSI, the Counterfeit Perfume Ring used seven primary locations to receive, prepare, and distribute its products:
The Port. Inbound shipping containers arrived at the Port of Newark and were transported to a bonded warehouse in Elizabeth, New Jersey, (the “Port”) regulated by CBP.
The Temporary Warehouse. Once shipping containers had been released by CBP, members of the Counterfeit Perfume Ring arranged for the containers to be moved from the Port to a temporary warehouse located in Elizabeth, New Jersey (the “Temporary Warehouse”). The Temporary Warehouse was operated by a trucking company (the “Trucking Company”).
Packaging Facilities. From the Temporary Warehouse, the Trucking Company typically delivered the containers to premises in Queens, New York, for packaging (the “Packaging Facilities”).
The Storage Facility. The Counterfeit Perfume Ring then transferred the goods from the Packaging Facilities to a self-storage facility located in Queens, New York (the “Storage Facility”).
The Freight Forwarder. The Counterfeit Perfume Ring distributed certain of its goods to wholesalers located outside the New York City area. To accomplish this, the Counterfeit Perfume Ring used a freight forwarding service (the “Freight Forwarder”) to pick up pallets of goods from the Storage Facility. The Freight Forwarder, in turn, delivered parcels to out-of-state addresses. In addition to distributing its products out-of-state, the Counterfeit Perfume Ring distributed its products throughout New York City. SHAZZED operated one of these locations, a store located in or around Lafayette Street in New York City.
BADAL, SHAH, NI, KASHEM, and SHAZZED are each charged with one count of conspiracy to traffic in counterfeit goods and one count of trafficking in counterfeit goods, each of which carries a maximum penalty of 10 years in prison. BADAL, SHAH, NI, and KASHEM are also each charged with one count of trafficking in counterfeit packaging, which carries a maximum penalty of five years in prison. BADAL and SHAH are also charged with smuggling goods into the United States, which carries a maximum sentence of 20 years in prison. The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by the judge.
The charges contained in the Complaint are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
Wednesday, May 25, 2016
Bronx Man Charged In Manhattan Federal Court With Attempting To Provide Material Support To Isil
Sajmir Alimehmeti, a/k/a “Abdul Qawii,” purchased knives and other military-type equipment, provided advice and assistance to an individual he believed to be traveling to fight with ISIL, and took steps to facilitate his own travel to join ISIL
Preet Bharara, the United States Attorney for the Southern District of New York, John P. Carlin, Assistant Attorney General for National Security, Diego Rodriguez, Assistant Director-in-Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), and William J. Bratton, the Commissioner of the Police Department for the City of New York (“NYPD”), announced that SAJMIR ALIMEHMETI, a/k/a “Abdul Qawii,” was arrested today in the Bronx, for attempting to provide material support to the Islamic State of Iraq and the Levant (“ISIL”), a designated foreign terrorist organization, as well as for making a false statement in an application for a United States passport. ALIMEHMETI is expected to be presented later today before U.S. Magistrate Judge Gabriel W. Gorenstein in Manhattan federal court.
Manhattan U.S. Attorney Preet Bharara said: “As alleged, Sajmir Alimehmeti, a Bronx man and an ISIL sympathizer, took steps to travel overseas to support ISIL’s terror campaign. As the Complaint alleges, Alimehmeti also bought military-type weapons and helped someone he believed to be a fellow ISIL supporter get travel documents, equipment, and encryption technology purportedly to get to Syria to fight with ISIL. Alimehmeti is charged today with actions that show a clear intention to support a terrorist organization that is hell-bent on murder and mayhem. For that, thanks to the incredibly dedicated work of the FBI-NYPD Joint Terrorism Task Force, Alimehmeti is under arrest and facing federal criminal charges.”
Assistant Attorney General John P. Carlin said: “Alimehmeti was charged for his attempt to provide material support to ISIL by assisting a person who he believed was traveling to Syria to join ISIL. The National Security Division will continue to work with our partners to identify, disrupt and hold accountable those who seek to provide material support to designated foreign terrorist organizations.”
FBI Assistant Director-in-Charge Diego Rodriguez said: “The subject in this case was allegedly having a hard time getting overseas to fight with ISIL. But when he couldn’t leave, he allegedly seemed more than willing to help others tread the same path to join an insidious and deadly terrorist organization. Cases like this keep the FBI JTTF and our partners at the NYPD going day in and day out, protecting our city from individuals who plot to help murderers.”
NYPD Commissioner William Bratton said: “As alleged, Alimehmeti continued his quest to support ISIL’s deadly terrorist agenda, after being denied entry into Europe with a bag full of military gear. When he returned home, to the Bronx, he allegedly turned to helping others join the terrorist organization as he built his own arsenal of weapons. Today’s case is the latest example of collaboration at its best, a case worked through the Joint Terrorism Task Force with undercover officers from the NYPD’s Intelligence Bureau.”
As alleged in the criminal Complaint,[1] unsealed today in Manhattan federal court:
In October 2014, ALIMEHMETI attempted to enter the United Kingdom but was denied entry after U.K. authorities found camouflage clothing and nunchucks in his luggage. Two months later, in December 2014, ALIMEHMETI was again denied entry into the United Kingdom, this time after U.K. authorities found that his cellphone contained images of ISIL flags and improvised explosive device attacks. Further forensic examination of images of the cellphone and ALIMEHMETI’s laptop computer showed numerous indicia of ALIMEHMETI’s support for ISIL, including a picture of ALIMEHMETI with an ISIL flag in the background, pictures of ISIL fighters in the Middle East, a picture of ALIMEHMETI making a gesture of support for ISIL, and numerous audio files relating to jihad and martyrdom.
After returning to the United States, ALIMEHMETI continued to express his support for ISIL, by displaying an ISIL flag in his apartment in the Bronx, among other things. In meetings with undercover law enforcement employees, ALIMEHMETI played multiple ISIL videos on his computer and his phone, including videos of ISIL decapitating prisoners.
Further, over the last 11 months, ALIMEHMETI made multiple purchases of military-style knives and other military-type equipment, including masks, handcuffs, a pocket chain-saw, and steel-knuckled gloves.
In October 2015, ALIMEHMETI applied for a new United States passport, claiming his previous passport had been lost. However, ALIMEHMETI later told an undercover law enforcement employee that his prior passport had not been lost and, instead, that he was applying for a new passport because he believed rejection stamps on his old passport, including rejection stamps from his attempted entries into the United Kingdom, would make it difficult to travel.
In May 2016, ALIMEHMETI attempted to assist an individual who was purportedly traveling from New York to Syria to train and fight with ISIL but who was actually an undercover law enforcement employee (the “UC”). On May 17, 2016, ALIMEHMETI met with the UC in Manhattan, where the UC was purportedly en route to John F. Kennedy International Airport to take an overseas flight later that night in order to join ISIL.
ALIMEHMETI agreed to help the UC with several tasks before the UC went to the airport, including by locating stores so that the UC could purchase supplies to use while traveling to, and fighting with, ISIL, including a cellphone, boots, a compass, a bag, and flashlight, among other items. ALIMEHMETI provided the UC with advice and suggestions on the best boots to purchase and on which items to purchase. The defendant also advised the UC on the use of different kinds of encrypted communications applications, including an application that ALIMEHMETI stated was currently being used by “the brothers,” and downloaded three encrypted communications applications onto the UC’s new cellphone.
Further, ALIMEHMETI assisted the UC in traveling from Manhattan to a hotel in Queens, so that the UC could purportedly meet with an individual who was preparing travel documents that the UC would use to travel to Syria (“Document Facilitator”). ALIMEHMETI, who had repeatedly expressed his own desire to travel to join ISIL, gave the UC a piece of paper with his name and contact information so that the UC could provide that information to the supposed Document Facilitator. In voicing his interest in joining ISIL, ALIMEHMETI stated, excitedly, “I’m ready to . . . go with you man . . . you know I would. I’m done with this place.” After leaving the hotel in Queens, ALIMEHMETI brought the UC to John F. Kennedy International Airport via public transportation.
ALIMEHMETI, 22, of the Bronx, is charged with one count of provision of material support to a designated foreign terrorist organization, which carries a maximum sentence of 20 years in prison, and one count of making a false statement in an application for a United States passport, which carries a maximum sentence of ten years’ imprisonment. The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by a judge.
Mr. Bharara praised the outstanding efforts of the FBI’s New York Joint Terrorism Task Force, which principally consists of agents from the FBI and detectives from the NYPD, and the NYPD’s Intelligence Division. Mr. Bharara also thanked the Counterterrorism Section of the Department of Justice’s National Security Division, the Department of Justice’s Office of International Affairs, and British authorities for their assistance.
The Powell Team - Adam's Birthday Celebration!
Adam's Birthday Celebration!
Wednesday, May 25th
6:00pm - 8:00pm
679 Riverside Drive
New York, NY 10031
*Inside Riverbank State Park*
(enter 145th Street)
* Music, Hors d'Oeuvres and Open Bar *
EDITOR'S NOTE;
Happy Birthday Adam, but you will not see me there. I have other things on my schedule.
BRONX UNEMPLOYMENT DROPS TO 6.6%
The Bronx’s unemployment rate has fallen once again, according to newly released statistics from the New York State Department of Labor.
The unemployment rate in The Bronx fell to 6.6 percent in April 2016, down from 7.9 percent in March 2016 and 7.8 percent in in April 2015. This is the lowest unemployment rate the borough has seen since Bronx Borough President Ruben Diaz Jr. first took office in May 2009.
The total number of Bronxites employed also remains considerably high, 569,700, meaning that over 100,000 more Bronx residents have jobs today than when Borough President Diaz took office seven years ago.
“What we are doing is working,” said Borough President Diaz. “We have seen considerable growth in our borough during the past seven years, and that investment is having a positive effect on the people who call The Bronx their home. More people are employed than ever before and our unemployment rate has been cut significantly, thanks to the hard work of our elected officials, community boards, business community, non-profits, neighborhood leaders and our 1.4 million residents. Everyone can share in this success.”
The Department of Labor’s statistics can be found at http://labor.ny.gov/stats/
Since Borough President Diaz took office in 2009, The Bronx has seen more than $9.4 billion in total development, which has led to the creation of thousands of new jobs. In addition, a partnership announced by Governor Andrew Cuomo announced in August 2014 between the New York State Department of Labor and the Bronx Overall Economic Development Corporation, as part of the “NY Works,” program is placing Bronx residents in these jobs, helping to ensure that new development here benefits everyone, especially Bronxites.
Klein & Moya urge Federal Trade Commission to take serious action against Herbalife International
As probe of multi-level marketing company comes to an end, legislators write to FTC Chairwoman to protect consumers from financial harm
State Senator Jeff Klein and Assemblyman Francisco Moya on Wednesday wrote to Federal Trade Commission Chairwoman Edith Ramirez to urge that federal regulators probing Herbalife International consider injunctive relief that includes sweeping reforms to the multi-level marketing companies business models to shield consumers from financial harm and fraud.
The FTC has been investigating Herbalife International and is reportedly near to announcing a resolution in the probe. Hundreds of former Herbalife distributors have submitted complaints to state and federal authorities, each after losing thousands of dollars to the company.
Senator Klein and Assemblyman Moya recommended that the FTC require Herbalife to document and disclose its retail sales to participants who are not in the distributor network, and release the average income and commissions earned by independent distributors.
“Herbalife should also be required to disclose to the public where nutrition clubs are located and provide regulators proof that these businesses comply with state and federal labor laws. Additionally, rewards designed to incentivize recruitment (e.g. Production Bonus) and the product purchasing requirements that encourage so-called inventory loading should be removed immediately,” Klein and Moya wrote.
Klein introduced legislation to protect consumers against multi-level marketing companies like Herbalife and level penalties against such companies that employ deceptive practices. Assemblyman Moya recently introduced companion legislation.
In New York City, Herbalife nutrition clubs are located in predominantly Hispanic neighborhoods. Lured by the promise of a “great business opportunity” where the American Dream of entrepreneurship is glamorized through testimonials where sellers say they earn millions, live in mansions and take extravagant trips, many wind up losing their life-savings.
Through a series of undercover investigations and victim interviews, Senator Klein has exposed Herbalife as a pyramid scheme, where distributors desperately try to climb up a ladder as they continue to invest.
Klein and Moya’s legislation would increase transparency, educate consumers and impose penalties on companies that do not comply with the law.