Saturday, November 5, 2016
Bronx Attorney Pleads Guilty In Manhattan Federal Court To Preparing Fraudulent Tax Returns For Clients
Preet Bharara, the United States Attorney for the Southern District of New York, and Caroline D. Ciraolo, the Principal Deputy Assistant Attorney General for the Tax Division of the Department of Justice, announced that WILLIAM DOONAN, an attorney who operated a tax preparation business in the Bronx, New York, pled guilty today in Manhattan federal court to charges related to his participation in filing fraudulent tax returns, falsely claiming more than $6 million in deductions. DOONAN pled guilty today before U.S. Magistrate Judge Andrew J. Peck.
Manhattan U.S. Attorney Preet Bharara said: “William Doonan used his law degree and tax preparation business to fleece the IRS out of millions of dollars in fraudulent tax deductions. As he admitted today, Doonan claimed numerous false deductions for thousands of clients, defrauding the IRS and unlawfully depriving the public of tax revenue.”
Principal Deputy Assistant Attorney General Caroline D. Ciraolo said: “William Doonan used his law practice to prepare thousands of false tax returns each year with phony deductions, costing the U.S. treasury more than $1.5 million. His conviction sends a clear message – we will fully prosecute crooked tax preparers – whether they be lawyers and tax professionals or temporary storefront operators.”
According to the allegations contained in the Information filed in Manhattan federal court and statements made during the plea proceeding:
Since at least 2009, DOONAN has been in the business of preparing federal tax returns for clients in exchange for fees. DOONAN, a New York licensed attorney since 1982, carried out his tax preparation business in the Bronx using the firm name “William Doonan, Esq.” DOONAN prepared and filed more than 3,000 federal tax returns with the Internal Revenue Service (“IRS”) each year and regularly prepared and filed client returns that were false and fraudulent. For example, on some of his clients’ returns, DOONAN added false medical and dental expenses, state and local taxes, home mortgage interest, gifts to charity, job expenses, and certain miscellaneous deductions. DOONAN also attached Schedules C to his clients’ returns that reported “consulting” businesses that the relevant clients did not own, operate, or materially participate in, and business losses that the relevant clients did not incur. Between tax years 2009 through tax year 2012, DOONAN included in excess of $6 million in these fabricated and inflated items on his clients’ federal tax returns.
DOONAN, 69, of the Bronx, New York, pled guilty to one count of aiding and assisting in the preparation of a false tax return, and one count of obstructing and impeding the due administration of internal revenue laws. Each charge carries a maximum sentence of three years in prison. As part of his plea, DOONAN agreed that he caused a tax loss of between $1.5 and $3.5 million, and has agreed to pay $65,820 in restitution to the IRS.
DOONAN is scheduled to be sentenced by U.S. District Judge Vernon S. Broderick on February 10, 2017, at 11:00 a.m. 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 the judge.
Mr. Bharara and Ms. Ciraolo praised the outstanding efforts of the IRS-CI in the investigation. This case is being prosecuted by the U.S. Attorney’s Office’s Complex Frauds and Cybercrime Unit. Special Assistant United States Attorney Jorge Almonte (of the Tax Division) is in charge of the prosecution.
A.G. Schneiderman Announces Arrest Of Clinic Operator For Allegedly Defrauding Medicaid By Offering Sham Substance Abuse Treatment
Natalia Dochim Allegedly Induced Patients Into Bogus Substance Abuse Treatment, Then Pocketed Millions Of Dollars
Schneiderman: It Is Despicable To Use The Medicaid Program To Take Advantage Of Those Suffering From Addiction
Attorney General Eric T. Schneiderman today announced the arrest of Natalia Dochim, 39, of Nyack, New York and charges against her two companies, Miromedical P.C. (“Miromedical”) and Ferrara Medical Care, P.C. (“Ferrara”). In papers filed in New York City Criminal and New York State Supreme Courts, Bronx County, prosecutors allege that Dochim, Miromedical, and Ferrara, submitted claims for reimbursement for substance abuse treatment services to Medicaid and to MetroPlus, a state-funded managed care organization (“MCO”), when they were not certified to provide such services and for medical services allegedly rendered to Medicaid Fraud Control Unit (“MFCU”) undercover investigators that never occurred. Dochim was arrested yesterday on charges of Grand Larceny in the First, Second and Fourth Degrees; Health Care Fraud in the Second Degree; and Money Laundering in the Second Degree. If convicted on all charges, Dochim faces up to 25 years in prison. In addition to today’s arrests, the Attorney General’s Medicaid Fraud Control Unit filed an asset forfeiture and False Claims Act lawsuit against Dochim, Miromedical, Ferrara and others, freezing the defendants’ assets and seeking over $7.7 million dollars in damages plus penalties. MFCU also executed search warrants today at Dochim’s businesses located at 903 Sheridan Avenue in the Bronx and at 2364 and 2738 Frederick Douglass Boulevard in Manhattan.
“It is despicable to use the Medicaid program to take advantage of those suffering from addiction,” said Attorney General Schneiderman. “New York is suffering through a serious opioid epidemic, and sham substance abuse services only deepen this crisis. Those who attempt to line their own pockets on the backs of those in need will be caught.”
“To prey on the most vulnerable New Yorkers for personal gain is appalling”, said Department of Social Services Commissioner Steven Banks. “We will continue our longstanding partnership with the office of the State Attorney General to identify suspicious activity that can lead to fraud and to ensure that those responsible are brought to justice as quickly as possible.”
Prosecutors allege that Dochim, aided by co-conspirators in her employ, lured Medicaid patients to Miromedical and Ferrara by paying kickbacks and offering prescriptions of Suboxone, a narcotic drug used to treat opioid addiction. Once recruited, patients at Miromedical and Ferrara, prosecutors allege, encountered a façade of a substance abuse treatment program. Medically appropriate and necessary medical histories were not always obtained, physicals were not taken, initial counseling did not occur, and there was a complete lack of appropriate follow-up and monitoring. Subsequently, all patients were treated the same: mandated to enroll in one particular MCO (MetroPlus), sent to a purported “detox” program, and prescribed Suboxone at the maximum dosage in lieu of legitimate substance abuse treatment. If actually provided, prosecutors allege, the so-called “detox” treatment that patients were required to obtain was, according to the claims submitted by Miromedical and Ferrara, merely vitamin injections, which is not an approved treatment for opioid addiction.
Thereafter, prosecutors charge, Dochim, through Miromedical and Ferrara, submitted claims to MCOs and to Medicaid that bore little to no resemblance to the medical services actually rendered. Prosecutors allege services such as spirometry, a pulmonary function test, and allergy testing, were routinely billed but never provided. Patient “recruiters” working inside Miromedical and Ferrara, it is alleged, also openly offered to buy back patient’s Suboxone prescriptions for cash.
Relying on the accuracy of substance abuse treatment claims submitted by Dochim, prosecutors allege that Medicaid managed care insurance paid over $1.7 million, and that Medicaid directly paid over $190,000, to Dochim, Miromedical and Ferrara, funds which they were not entitled and which Dochim is alleged to have then laundered through various shell companies.
Grand Larceny in the First Degree is a Class B felony with a maximum sentence of incarceration of twenty-five years. Grand Larceny in the Second Degree, Health Care Fraud in the Second Degree, and Money Laundering in the Second Degree are each Class C felonies with a maximum period of incarceration of fifteen years. Grand Larceny in the Fourth Degree is a Class E felony with a maximum period of incarceration of four years. Dochim was arraigned yesterday where bail was set at $250,000 cash over $100,000 bond.
The Attorney General would like to thank the New York City Human Resources Administration (“HRA”), notably the work of HRA’s Medicaid Provider Investigations and Audit Unit, and the New York State Office of Alcoholism and Substance Abuse Services for their partnership and valuable assistance throughout the investigation. In addition, the Attorney General thanks the United States Department of Health and Human Services-Office of the Inspector General and the New York State Office of the Medicaid Inspector General Dennis Rosen, MFCU’s partners in combatting fraud against the Medicaid program. The Attorney General also thanks Medicaid managed care plans MetroPlus and Healthfirst for their cooperation in this investigation.
The investigation was led by Senior Investigator Albert Maiorano and Investigators David Ryan and Julie Clancy with the assistance of Supervising Investigators Dominick DiGennaro and Michael Casado under the supervision of Deputy Chief Investigator Kenneth Morgan. Audit support was provided by Principal Auditor-Investigator Patricia Iemma and Auditor-Investigator Coleman Williams under the supervision of MFCU NYC Chief Auditor Thomasina Smith.
The criminal case is being prosecuted by Special Assistant Attorneys General Erin Kelsh and David Arias with the assistance of MFCU NYC Regional Director Christopher M. Shaw. Thomas O’Hanlon is MFCU’s Chief of Criminal Investigations-Downstate. The civil case is being handled by Special Assistant Attorneys General David Abrams, Gerri Gold and Elizabeth Silverman with the assistance of MFCU Civil Enforcement Chief Carolyn Ellis. MFCU is led by Director Amy Held and Assistant Deputy Attorney General Paul J. Mahoney.
The charges filed in this case are accusations. The defendants are presumed innocent until proven guilty in a court of law.
A.G. Schneiderman Obtains $1.6 Million Settlement With Queens Company That Targeted Hispanic Homeowners In Fraudulent Mortgage Rescue Scheme
A.G. Investigation Found Company Charged Illegal Upfront Fees, Urged Vulnerable Homeowners To Stop Making Mortgage Payments, Misrepresented Likelihood of Obtaining Loan Modification; Many Consumers Ultimately Forced Into Foreclosure Or Lost Their Homes As A Result Of Fraudulent Scheme
In Addition To Consumer Restitution, A.G. Bans Company And Its Principal From Providing Any Mortgage Assistance Relief Service Or Debt Relief Product Or Service For Three Years
Attorney General Eric T. Schneiderman today announced a $1.6 million settlement with Queens-based American Hope Group, Inc. and its principal, Mauricio Villamarin Martinez (collectively “American Hope Group”), following an investigation into a fraudulent mortgage rescue scheme that preyed upon financially vulnerable Hispanic homeowners who were desperate to save their homes from foreclosure. The AG’s investigation found that American Hope Group collected millions of dollars in monthly fees from consumers, yet routinely failed to deliver on its promises to provide substantial relief from unaffordable mortgage payments through loan modifications and other forms of foreclosure prevention. The settlement, a Consent Order, concludes the AG’s investigation into American Hope Group’s mortgage rescue scheme.
“My office will aggressively investigate companies that scam New Yorkers out of their hard earned money by seeking to exploit financially distressed homeowners who are in danger of losing their homes to foreclosure,” said Attorney General Schneiderman. “I’m pleased that this settlement will bring some relief to the hardworking New Yorkers who were cheated out of thousands of dollars, and in some cases even lost their homes, due to American Hope Group’s predatory schemes.”
American Hope Group generated millions of dollars by inducing homeowners to pay an illegal upfront fee of $2850, followed by a recurring monthly fee of typically $695, by misrepresenting the likelihood of obtaining a loan modification, principal reduction, lower interest rate, or other foreclosure relief if homeowners utilized American Hope Group’s loan modification and audit services. American Hope Group misrepresented that it was a leading organization in mortgage restructuring and that it had obtained millions of dollars in mortgage modifications. Through its advertisements in Spanish-language newspapers, direct mail solicitations, and website, American Hope Group vigorously promoted the use of forensic and securitization audits as a means to identify errors in mortgage loan documents, defend against foreclosure, and win concessions from mortgage servicers. Although American Hope Group charged consumers thousands of dollars for these audits, the audits typically had very little value at all.
American Hope Group also directed homeowners to avoid interactions with their mortgage servicers and, in some cases, directed homeowners to stop making their mortgage payments, thereby placing consumers in greater danger of foreclosure. Furthermore, the company’s advertisements lacked critical disclosures required by law that are designed to protect consumers, such as informing the consumer that American Hope Group is not associated with the government, that their services are not approved by the government or the consumer’s lender, and that the consumer’s lender may not agree to modify the consumer’s mortgage loan even if the consumer uses American Hope Group’s services. American Hope Group also failed to disclose that the consumer could stop doing business with the company at any time and did not have to pay anything to the company if he rejects the offer of mortgage assistance obtained from the mortgage servicer. Many consumers found themselves in a worse position vis-à-vis their mortgages than they would have been had they not turned to American Hope Group for help, often having to negotiate with mortgage servicers on their own, being forced into foreclosure, and even losing their homes.
In addition to requiring American Hope Group to pay $1.6 million for consumer restitution, penalties, fees, and costs, the Consent Order prohibits American Hope Group from:
- advertising or providing any mortgage assistance relief service or debt relief product or service for three years;
- collecting advance fees for providing mortgage assistance relief services;
- misrepresenting the likelihood of obtaining a modification for a consumer or the likely terms of any such modification;
- misrepresenting that forensic or securitization audits will help consumers obtain a loan modification or prevent foreclosure and refraining from advertising and conducting forensic and securitization audits;
- telling consumers that they cannot or should not contact or communicate with their mortgage servicer.
The Attorney General’s Consent Order also prohibits American Hope Group from attempting to collect, collecting, selling, assigning, or otherwise transferring any right to collect payment from consumers who purchased its services prior to October 2015. The Consent also requires American Hope Group to make required disclosures such as that mortgage assistance relief services may be obtained free of charge from approved non-profit housing counselors and that consumers need not pay for such services until they accept a modification. If American Hope Group or its principal fails to comply with the terms of the Consent Order, they must pay $10 million.
“NYLAG applauds Attorney General Schneiderman for putting a stop to the deceitful operations of American Hope Group and for his tireless work in protecting New York’s most vulnerable homeowners,” said Beth Goldman, President and Attorney-in-Charge of the New York Legal Assistance Group. “NYLAG has worked with a number of families targeted by American Hope Group because of their limited English proficiency. While these cases are still pending, we have been able to help our clients receive loan modifications and other available assistance that is helping them to remain in their homes. The settlement reached today is a victory for all homeowners harmed by American Hope Group and will ensure that they cannot scam another victim. It sends a clear message to similar organizations that homeowner fraud will not be tolerated. Organizations that promise to save homes and deliver only debt and eventual foreclosure have no place in New York.”
“I applaud Attorney General Schneiderman for his efforts to curb the abuses associated with loan mod scammers targeting New York’s vulnerable, distressed homeowners, who are still in the midst of a foreclosure crisis that disproportionately impacts New York’s communities of color, and who can ill-afford to waste their time and money on the kind of useless, boiler-plate ‘audits’ peddled by the American Hope Group,” said Jacob Inwald, Director of Foreclosure Prevention at Legal Services NYC. “So many of the clients we represent have been victimized by unscrupulous scammers and associated ‘law firms’ who provide no meaningful assistance to homeowners before they reach us, so we hope that the Attorney General’s office will continue to vigorously pursue these bad actors.”
“Mortgage rescue scammers target vulnerable homeowners by luring them with false promises and false hope, taking thousands of dollars from struggling families who ultimately receive no legitimate help to save their homes from foreclosure,” said Nicole Arrindell, Senior Staff Attorney at MFY Legal Services. “Today’s announcement by Attorney General Schneiderman should send a clear warning that this type of illegal conduct will not be tolerated. We hope that this settlement will not only help these consumers recover their losses, but also will serve as a deterrent against future scams.”
If you believe you were a victim of American Hope Group, or if you believe you were a victim of another mortgage rescue scam, please file a complaint with the Attorney General’s Office. Complaint forms are available here. You may also call the Attorney General’s Consumer Hotline at 1-800-771-7755.
Free help to homeowners is available through the Home Owner Protection Program (HOPP), which uses funds from the National Mortgage Settlement to fund legal services and housing counseling across New York to provide foreclosure prevention services. Consumers can call 1-855-HOME-456 for help. Attorney General Schneiderman’s program funds roughly 90 organizations across the state, and HOPP has served a combined total of 60,000 families since its launch in October of 2012.
This case is being handled by Assistant Attorney Generals Melissa O’Neill, Elena González, and Stephanie Sheehan, Deputy Bureau Chief Laura J. Levine, and Bureau Chief Jane M. Azia, all of the Consumer Frauds and Protection Bureau, and Executive Deputy Attorney General for Economic Justice Manisha M. Sheth.
A.G. Schneiderman Announces Indictment Of Non-Profit Employee For Allegedly Diverting $400,000 For Personal Use
Human Resources Director Of Hope Community Inc. Allegedly Directed Pay-Outs For Unused Vacation Time And Reimbursements To Accounts Held By Family And Friends
Attorney General Eric T. Schneiderman today announced the indictment of the former Human Resources Director of the non-profit Hope Community, Inc., Chantel Rodriquez Pierre, for a scheme that allegedly diverted over $400,000 into accounts controlled by her and her associates. Hope Community owns and operates low income housing in Manhattan and is currently under contract with the New York City Department of Homeless Services for $8.9 million over five-years to operate a homeless shelter for families. In early 2014, the non-profit outsourced its payroll functions to a new third party vendor, and Rodriguez Pierre allegedly misinformed the vendor that Hope Community had a policy of paying out unused vacation time. An investigation conducted with the assistant of the New York Department of Investigation found that over the next year and a half, Rodriquez Pierre allegedly directed the vendor to pay-out unused vacation time for several employees, along with bogus reimbursements, into accounts controlled by her and her friends and family.
“Diverting funding intended to help some of our most vulnerable citizens is reprehensible. We will not allow non-profits that are supposed to serve the public good to be used as personal piggy banks,” said Attorney General Schneiderman. “Today’s charges send a strong message that personal enrichment at the expense of other New Yorkers will not be tolerated.”
DOI Commissioner Mark G. Peters said, “This Human Resources Manager was entrusted with protecting the best interests of her organization and employees, instead she now faces charges of cheating them by steering hundreds of thousands of dollars in payroll funds from the not-for-profit designated by the City to provide shelter for homeless New Yorkers. DOI thanks the New York State Attorney General’s Office for its partnership in the investigation and looks forward to continued collaboration in weeding out bad actors who attempt to steal from earnest not-for-profit providers.”
Rodriguez Pierre was charged with five felony counts including Grand Larceny, Criminal Tax Fraud, and Repeated Failure to File Personal Income and Earnings Taxes. She faces up to 5-15 years in prison. Rodriguez Pierre was held on $50,000 cash bail or fully secured bond.
The case was investigated by Investigator Sixto Santiago under the supervision of Deputy Chief John McManus of the Investigations Bureau, which is led by Chief Dominick Zarrella and DOI’s Inspector General for City-funded Not-for-Profits, specifically Special Counsel Inna Spector and Auditor Jeffrey Freeman, under the supervision of Deputy Inspector General/Chief Forensic Auditor Ivette Morales, Inspector General Andrew Brunsden, Associate Commissioner Susan Lambiase, Deputy Commissioner/Chief of Investigations Michael Carroll, and First Deputy Commissioner Lesley Brovner.
The case is being prosecuted by Assistant Attorney General John Chiara, Special Counsel of the Public Integrity Bureau, with assistance provided by Legal Support Analysts Casey Lasda and Graham Louis. Forensic auditing analysis was provided by Forensic Auditor Kristina Kojamanian under the supervision of Deputy Chief Sandy Bizzarro of the Forensic Audit Section, which is led by Chief Edward J. Keegan, Jr. The Public Integrity Bureau is led by Bureau Chief Daniel G. Cort and Deputy Bureau Chief Stacy Aronowitz.
The Attorney General would like to thank the New York State Department of Taxation and Finance for their assistance with the investigation.
The charges are accusations and the defendant is presumed innocent unless and until proven guilty in court.
NEWS FROM BRONX DA CLARK
Darryl Brown Sentenced: to 18 years in prison for the fatal shooting of his daughter’s boyfriend during a fight inside a Wakefield apartment building.
Bronx District Attorney Darcel D. Clark announced that a Bronx man has
been sentenced to 18 years in prison for the fatal shooting of his daughter’s boyfriend
during a fight inside a Wakefield apartment building.
District Attorney Clark said, “This defendant, who was an off-duty New York City
Correction Officer at the time, responded to a young man’s punches with a gunshot. And
after he shot the victim, he failed to provide any assistance whatsoever. He let him die.”
District Attorney Clark said the defendant, Darryl Brown, 58, of 739 East 242nd
Street, was sentenced to 18 years in prison with five years post-release supervision before
Acting Bronx Supreme Court Justice Robert Neary. Brown was convicted by a jury on
Sept. 30, 2016 of first-degree Manslaughter after a two-week trial.
According to trial testimony, on March 20, 2014, Brown, a Department of
Correction Officer who was off-duty, noticed Vonde Cabbagestalk, 21, who was in a
relationship with his daughter, speaking to another man in his building’s lobby. Brown
demanded to know why Cabbagestalk was there and an argument escalated, with
Cabbagestalk throwing some punches at Brown.
Brown was seen brandishing a semiautomatic gun, at which Cabbagestalk tried to
swipe. Brown fired one shot, striking Cabbagestalk in the chest and killing him.
According to testimony, a neighbor, who did not witness the incident, heard Brown’s
daughter yell “No, daddy, no!” and called police after Brown and his daughter left
Cabbagestalk bleeding on the floor and ran back to their apartment.
Daquan Lanier Sentenced: to 20 years in prison for the fatal shooting of a man who was defending his mentally ill mother.
Bronx District Attorney Darcel D. Clark today announced that a Bronx man has been
sentenced to 20 years in prison for fatally shooting a man who was defending his mentally ill
mother as she was mocked outside her home.
District Attorney Clark said, “The victim used his fists to defend his mother from those
harassing her. The defendant rushed to get a gun and in an instant, ended a young man’s life
and destroyed his own.”
District Attorney Clark said that the defendant, Daquan Lanier, 21, of 225 East 149
Street, was sentenced today before Acting Bronx Supreme Court Justice Robert Neary to 20
years in prison and five years post-release supervision. Lanier pleaded guilty to first-degree
Manslaughter on Oct. 11, 2016.
According to the investigation, on March 16, 2014, Lanier and two other men ridiculed
Verbena Burgess, a woman with a history of mental illness who was singing and dancing
outside her 562 Morris Avenue home. One man threw garbage and bottles at Burgess while the
others cursed at her and demanded she stop singing.
The woman called her three sons, all of whom ran down from the apartment they shared
and soon began to brawl with Lanier and his friends. Lanier and his friends quickly retreated
but returned minutes later, with Lanier now carrying a gun.
Lanier fired one shot, striking Tony Andrew Burgess, 24, the eldest son of Verbena
Burgess, in the back of the head as he fled, killing him instantly.
ALL FLAGS TO FLY AT HALF-STAFF EFFECTIVE TODAY IN HONOR OF NYPD SERGEANT PAUL TUOZZOLO
As a mark of respect for the memory of NYPD Sergeant Paul Tuozzolo, who was killed in the line of duty today November 4, 2016, flags are to be lowered to half-staff by order of the Mayor of the City of New York, Bill de Blasio. This includes the American flag, the New York State and City flags, and the POW-MIA flags on all City buildings as well as stationary flagstaffs throughout the five boroughs of the City of New York.
Flags lowered to half-staff: effective immediately, Friday, November 4, 2016
Flags returned to full-staff: date of interment