NYC EMERGENCY MANAGEMENT URGES NEW YORKERS TO PREPARE FOR EXTREME COLD

Frigid weather expected to end the week, as temperatures drop below freezing with single-digit wind chill values Friday and Saturday

Unsheltered homeless individuals, older adults and people with chronic medical conditions are at increased risk of health problems from the extreme cold

  The New York City Emergency Management Department today urged New Yorkers to prepare for upcoming extreme cold weather.

“If you’ve packed away your coats, it’s time to take them out again; winter isn’t finished with us yet,” said NYC Emergency Management Commissioner Joseph Esposito. “We urge New Yorkers not to take these temperatures lightly. Stay indoors, and if you have to go out, bundle up. Remember to check in on your family, neighbors, the elderly, or others with increased health risks to make sure they are protected from the extreme cold.”

An arctic blast is forecast to bring bitterly cold temperatures to the New York City area to end the week. Temperatures Friday night are expected to be in the twenties, with wind chill values in the single digits. High temperatures Saturday will be around freezing, with wind chill values in the teens. The coldest period is expected Saturday night, with temperatures in the teens and wind chill values close to zero. High temperatures Sunday are forecast to be in the mid-thirties, with lows Sunday night around thirty degrees. Temperatures are expected to rise into the forties on Monday.

New Yorkers are advised to check on their neighbors, friends, and relatives. People most at increased risk include those who lack shelter, drink heavily or use drugs, or live in homes without heat, and:

·         Are 65 years of age or older.

·         Have chronic medical conditions such as heart or lung disease. 

·         Have serious mental illness or developmental disabilities.

·         Are socially isolated, have limited mobility, or are unable to leave the house.

Safety Tips

New Yorkers are also encouraged to take the following precautions during extreme cold:

·         Stay indoors as much as possible.

·         If you have to go outdoors, wear dry, warm clothing and cover exposed skin. Keep fingertips, earlobes, and noses covered.

• Wear a hat, hood, or scarf, as most heat is lost through the head.

·         Shivering is an important first sign that the body is losing heat. Shivering is a signal to return indoors.

·         Drinking alcohol may make you think you feel warmer, but it actually increases your chances of hypothermia and frostbite.

·         Follow your doctor’s advice about performing hard work in the cold if you have heart disease or high blood pressure. Cold weather puts an extra strain on the heart. Remember, your body is already working hard just to stay warm, so don’t overdo it.

·         Workers in construction and utilities, and others who spend a lot of time outdoors are at risk for cold-related disorders. Employers should implement safe work practices, provide appropriate protective equipment, and train workers on health effects of cold weather, proper prevention techniques, and treatment of cold-related disorders.

Health problems resulting from prolonged exposure to cold include hypothermia, frostbite and exacerbation of chronic heart and lung conditions. If you suspect a person is suffering from frostbite or hypothermia, call 911 to get medical help. While waiting for assistance, help the person by getting them to a warm place if possible, removing any damp clothing and covering them with warm blankets. Recognize the signs and symptoms of hypothermia and frostbite:

·         Hypothermia is a life-threatening condition where the body temperature is abnormally low. Symptoms can begin gradually and get worse without the person realizing how serious it is. Early symptoms include shivering, dizziness, trouble speaking and lack of coordination. Signs of moderate to severe hypothermia include sluggishness, drowsiness, unusual behavior, confusion, and shallow breathing.

• Frostbite is a serious injury to a body part frozen from exposure to the cold. It most often affects extremities like fingers and toes or exposed areas such as ears or parts of the face.  Redness and pain may be the first warning of frostbite. Other symptoms include numbness or skin that appears pale, firm, or waxy.

Homeless Services

A Code Blue Weather Emergency notice is issued when the temperature drops to 32 degrees Fahrenheit or less between 4 p.m. and 8 a.m., including National Weather Service calculations for wind chill values.  No one who is homeless and seeking shelter in New York City during a Code Blue will be denied. Should you see a homeless individual out in the cold, please call 311 and an outreach team will be dispatched to offer assistance. Code Blue Weather Emergencies include the following options for the homeless:

·         Shelters: During a Code Blue, shelter is available system-wide to accommodate anyone who is reasonably believed to be homeless and is brought to a shelter by outreach teams. Accommodations are also available for walk-ins.

·         Drop-in centers: All drop-in centers are open 24-hours per day when Code Blue procedures are in effect and will assist as many people as possible for the duration of the emergency. Drop-in staff can also make arrangements for homeless individuals at other citywide facilities.

·         Safe havens and stabilization beds: Chronically homeless individuals may be transported directly to these low-threshold housing options.

·         Street homeless outreach: Teams will contact vulnerable individuals on their Code Blue Priority Lists a minimum of once every four (4) hours beginning at 8 p.m. during Code Blue Alerts and once every two (2) hours beginning at 8 p.m. for Enhanced Code Blue Alerts to encourage them to accept transport to a safe place. DHS coordinates Code Blue efforts directly with agencies such as NYPD, DSNY, and the Parks Department, at a borough level.

Safe Home Heating Tips

Improper use of portable heating equipment can lead to fire or dangerous levels of carbon monoxide. Take precautions to ensure you are heating your home safely.

Fire safety tips:

·         Make sure you have a working smoke alarm in every room. Test them at least once a month and change the batteries twice a year.

·         Use only portable heating equipment that is approved for indoor use. Space heaters are temporary heating devices and should only be used for a limited time each day.

·         Keep combustible materials, including furniture, drapes, and carpeting at least three feet away from the heat source. Never drape clothes over a space heater to dry them.

·         Never leave running space heaters unattended, especially around children. Always keep an eye on heating equipment. Turn it off when you are unable to closely monitor it.

·         Plug space heaters directly into a wall outlet. Never use an extension cord or power strip. Do not plug anything else into the same outlet when the space heater is in use. Do not use space heaters with frayed or damaged cords.

·         If you are going to use an electric blanket, only use one that is less than 10 years old from the date of purchase. Also avoid tucking the electric blanket in at the sides of the bed. Only purchase blankets with an automatic safety shut-off.

Prevent carbon monoxide poisoning:

·         Carbon monoxide comes from the burning of fuel. Therefore, make sure all fuel-burning devices such as furnaces, boilers, hot water heaters, and clothes dryers are properly vented to the outdoors and operating properly. If you are not sure, contact a professional to inspect and make necessary repairs.

·         Make sure you have a working carbon monoxide detector. Most homes and residential buildings in New York City are required by law to have carbon monoxide detectors installed near all sleeping areas. Owners are responsible for installing approved carbon monoxide detectors. Occupants are responsible for keeping and maintaining the carbon monoxide detectors in good repair.

·         If you have a working fireplace keep chimneys clean and clear of debris.

·         Never heat your home with a gas stove or oven, charcoal barbecue grill, kerosene, propane, or oil-burning heaters. Kerosene heaters and propane space heaters are illegal in New York City.

·         The symptoms of carbon monoxide poisoning are non-specific and include headache, nausea, vomiting, dizziness, sleepiness, trouble breathing, and loss of consciousness. Severe poisonings may result in permanent injury or death.

If a carbon monoxide detector goes off in your home get outside immediately and call 911. If you suspect carbon monoxide poisoning, get outside immediately and call 911.

What to Do if You Lose Heat or Hot Water at Home

Building owners are legally required to provide heat and hot water to their tenants. Hot water must be provided 365 days per year at a constant minimum temperature of 120 degrees Fahrenheit. Heat must be provided during the “Heat Season”, between October 1 and May 31 under the following conditions:

·         Between the hours of 6 a.m. and 10 p.m., if the outside temperature falls below 55 degrees, the inside temperature is required to be at least 68 degrees Fahrenheit.

·         Between the hours of 10 p.m. and 6 a.m., if the outside temperature falls below 40 degrees, the inside temperature is required to be at least 55 degrees Fahrenheit.

Any New York City tenant without adequate heat or hot water should first speak with the building owner, manager, or superintendent. If the problem is not corrected, tenants should call 311. For the hearing impaired, the TTY number is (212) 504-4115. The center is open 24-hours a day, seven-days a week. You may also file a complaint via mobile app, 311MOBILE, or online at 311ONLINE.

The Department of Housing Preservation and Development (HPD) will take measures to ensure that the building owner is complying with the law. This may include contacting the building’s owner and/or sending an inspector to verify the complaint and issue a violation directing the owner to restore heat and hot water if appropriate. If the owner fails to comply and does not restore service, HPD may initiate repairs through its Emergency Repair Program and bill the landlord for the cost of the work. HPD may also initiate legal action against properties that are issued heat violations, and owners who incur multiple heat violations are subject to litigation seeking maximum litigation penalties and continued scrutiny on heat and other code deficiencies.

Take measures to trap existing warm air and safely stay warm until heat returns, including:

• Insulate your home as much as possible. Hang blankets over windows and doorways and stay in a well-insulated room while the heat is out.
• Dress warmly. Wear hats, scarves, gloves, and layered clothing.
• If you have a well-maintained working fireplace and use it for heat and light, be sure to keep the damper open for ventilation. Never use a fireplace without a screen.
• If the cold persists and your heat is not restored call family, neighbors, or friends to see if you can stay with them.
• Do not use your oven or fuel-burning space heaters to heat your home. These can release carbon monoxide, a deadly gas that you cannot see or smell.
• Open your faucets to a steady drip so pipes do not freeze.

If You Need Emergency Heating Assistance

The Human Resources Administration (HRA) administers the federal Home Energy Assistance Program (HEAP), which can help low-income renters and homeowners with heating bills and other energy expenses. HEAP can help with:

·         Regular heating bills from a variety of heat sources (even if heat is included in your rent or you live in subsidized housing).

·         Emergency payments to keep you from losing your heat.

·         Replacing damaged furnaces, boilers and heating units.

Eligibility for HEAP is based on your household income, family size and energy costs. If you are homebound and need help with your heating bills, you can call the NYC Heat Line at 212-331-3150 to arrange a home visit. For more information, call 311.

For more safety tips, visit NYC.gov/EmergencyManagement. New Yorkers are also encouraged to sign up for Notify NYC, the City’s free emergency notification system. Through Notify NYC, New Yorkers can receive phone calls, text messages, and/or email alerts about winter weather conditions and other emergencies. To sign up for Notify NYC, call 311, visit NYC.gov/notifynyc, or follow @NotifyNYC on Twitter.

Cyberstalking Charge Brought In Manhattan Federal Court Against Missouri Man For A Pattern Of Harrassment Involving Threats To Jewish Community Centers

Juan Thompson’s Campaign to Harass and Intimidate His Victim Allegedly Included Eight Threats Made to Jewish Community Organizations

   Preet Bharara, the United States Attorney for the Southern District of New York, William F. Sweeney Jr., the Assistant Director-in-Charge of the New York Field Division of the Federal Bureau of Investigation (“FBI”) and James P. O’Neill, the Commissioner of the New York City Police Department (“NYPD”), announced the unsealing of a complaint charging JUAN THOMPSON with cyberstalking a particular woman (“Victim-1”), by, among other things, communicating threats to Jewish Community Centers (“JCCs”) in Victim-1’s name. THOMPSON was arrested in St. Louis, Missouri, this morning and is expected to be presented there later today.

U.S. Attorney Preet Bharara said: “Everyone deserves to be free from fear and discrimination based on religion, race, or ethnicity; that is fundamental to who we are as a nation. Together with the FBI and the NYPD, we have been investigating the recent threats made on Jewish Community Centers in New York and around the country. Today, we have charged Juan Thompson with allegedly stalking a former romantic interest by, among other things, making bomb threats in her name to Jewish Community Centers and to the Anti-Defamation League. Threats of violence targeting people and places based on religion or race – whatever the motivation – are unacceptable, un-American, and criminal. We are committed to pursuing and prosecuting those who foment fear and hate through such criminal threats.”

FBI Assistant Director-in-Charge William F. Sweeney Jr. said: “Thompson’s alleged pattern of harassment not only involved the defamation of his female victim, but his threats intimidated an entire community. The FBI and our partners take these crimes seriously. I would also like to thank the NYPD and the New York State Police, who continue to work shoulder to shoulder with us as we investigate and track down every single threat and work together to achieve justice for our communities that have been victimized by these threats.”

Police Commissioner James P. O’Neill said: “The defendant allegedly caused havoc, expending hundreds of hours of police and law enforcement resources to respond and investigate these threats. We will continue to pursue those who peddle fear, making false claims about serious crimes. I'm grateful for the collaboration between the NYPD detectives, FBI agents, and prosecutors whose cross-country investigation led to this morning's arrest.”

According to the allegations in the Complaint unsealed today in Manhattan federal court[1]:

In recent months, the FBI and this Office have been investigating a series of threats across the country principally targeting JCCs, schools, and other organizations that provide service to and on behalf of the Jewish community (the “JCC Threats”). Based on the investigation, THOMPSON appears to have made at least eight of the JCC Threats as part of a sustained campaign to harass and intimidate Victim-1. THOMPSON’s harassment of Victim-1 appears to have begun shortly after their romantic relationship ended and to have included, among other things, defamatory emails and faxes to Victim-1’s employer, false reports of criminal activity by Victim-1, and JCC Threats in Victim-1’s name.

In July 2016, an email was sent to Victim-1’s employer that made false allegations about Victim-1, including that she had broken the law, using an internet protocol (“IP”) address that THOMPSON had previously used to access his social media account. On October 15, 2016, an IP address that traced back to THOMPSON’s residence was used to report falsely that Victim-1 possessed child pornography. When confronted by law enforcement on November 22, 2016, THOMPSON claimed that his email account had been hacked a few weeks earlier.

In January and February 2017, THOMPSON appears to have made at least eight JCC Threats as part of his campaign of harassment against Victim-1. For instance, on or about February 21, 2017, the Anti-Defamation League (“ADL”) received an emailed threat at their midtown Manhattan office, which indicated that “[Victim-1’s name and birthdate] is behind the bomb threats against jews. She lives in nyc and is making more bomb threats tomorrow.” The next day, the ADL received a phone call claiming that explosive material had been placed in the ADL’s midtown Manhattan office.

Some of THOMPSON’s JCC Threats appear to have been made in his own name, as part of an effort to claim that Victim-1 was trying to frame THOMPSON for a crime. For instance, on or about February 7, 2017, a JCC in Manhattan received an emailed bomb threat from an anonymous email account, which stated: “Juan Thompson [THOMPSON’s birthday] put two bombs in the office of the Jewish center today. He wants to create Jewish newtown tomorrow.” The email’s use of the phrase “Jewish newtown” appeared to refer to a December 2012 school shooting in Newtown, Connecticut, in which a gunman murdered 26 victims, including 20 children.

In February 2017, a Twitter account that appears to be used by THOMPSON (the “Thompson Twitter Account”) was used to accuse Victim-1 of responsibility for the JCC Threats and claim that Victim-1 was trying to frame THOMPSON for her crimes. For instance, on February 24, 2017, the Thompson Twitter Account posted: “[s]he [Victim-1], though I can’t prove it, even sent a bomb threat in my name to a Jewish center, which was odd given her antisemitic statements. I got a visit from the FBI. So now I’m battling the racist FBI and this vile, evil, racist white woman.” On February 26, 2017, the Thompson Twitter Account posted “The hatred of Jews goes across all demos. Ask NYC’s [Victim-1’s employer]. They employ a filthy anti-Semite in [Victim-1]. These ppl are evil.”

THOMPSON, 31, of Saint Louis, Missouri, is charged with one count of cyberstalking, which carries a maximum sentence of five years in prison. The maximum potential sentence in this case is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.

Mr. Bharara praised the outstanding investigative work of the FBI and the New York City Police Department, as well as the United States Secret Service, the St. Louis Police Department, the U.S. Attorney’s Office for the Eastern District of Missouri, and the Computer Crime and Intellectual Property Section of the United States Department of Justice for their ongoing investigative assistance. This investigation, as well as investigations into the other threats made to the Jewish community organizations in New York City are ongoing.

The prosecution is being handled by the Office’s Terrorism & International Narcotics Unit and the General Crimes Unit. Assistant U.S. Attorney Jacob Warren is in charge of the prosecution.

 

[1] As the introductory phrase signifies, the entirety of the text of the Complaint, and the description of the Complaint set forth herein, constitute only allegations, and every fact described should be treated as an allegation.

Racketeering Kingpin Sentenced To Life In Prison

Manuel Geovanny Rodriguez-Perez Committed 9 Murders, 10 Attempted Murders, Marijuana Trafficking, and Money Laundering

   Preet Bharara, the United States Attorney for the Southern District of New York, announced that MANUEL GEOVANNY RODRIGUEZ-PEREZ, a/k/a “Shorty,” was sentenced today by U.S. District Judge Laura Taylor Swain to spend the remainder of his life in prison for his role as a leader of a massive and violent racketeering organization (the “Rodriguez Enterprise”) whose members sold large quantities of marijuana, murdered and attempted to murder nearly 20 people, transported and laundered millions of dollars, obstructed justice and committed perjury, and engaged in firearms offenses. 

RODRIGUEZ-PEREZ was previously charged in connection with “Operation Green Venom,” a coordinated multi-agency investigation that was led by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (“ICE HSI”), and first announced in October 2010.  On June 7, 2016, RODRIGUEZ-PEREZ pled guilty before Judge Swain to one count of racketeering conspiracy, and accepted responsibility for dozens of illegal acts associated with that conspiracy, including nine murders and 10 attempted murders in the United States and the Dominican Republic.  

Manhattan U.S. Attorney Preet Bharara said:  “By his own admission, Manuel Geovanny Rodriguez-Perez is a cold-blooded murderer who was responsible for the executions of nine people and attempts on the lives of 10 more.  He ruled over his drug enterprise with an iron fist and ruthlessly protected his turf.  Today Rodriguez-Perez received a sentence that will ensure he poses no further danger to the people of New York – life behind bars.”

According to the allegations contained in the criminal Indictment and Information, other documents in the public record, and statements made in court:  RODRIGUEZ-PEREZ was the highest ranking leader of a narcotics organization involved in a wide range of criminal activity, including the murders of the following victims: 

• Francisco Perez, a/k/a “Francie,” on October 26, 1997:  Perez was murdered at RODRIGUEZ-PEREZ’s direction and under his watch after RODRIGUEZ-PEREZ decided that Perez was a rival with whom RODRIGUEZ-PEREZ no longer wished to compete.  Perez was shot and killed outside a nightclub in upper Manhattan.  Rodriguez watched this murder from the safety of a nearby pool hall and later informed a cooperating witness that he had “given himself” this murder as a “birthday present.” 
• Antonio Kasse, a/k/a “Toasty,” on December 13, 1998:  RODRIGUEZ-PEREZ murdered Kasse because RODRIGUEZ-PEREZ suspected Kasse in the theft of a relatively small amount of marijuana from one of RODRIGUEZ-PEREZ’s stash houses.  In the shooting that resulted in Kasse’s death, the hitmen hired by RODRIGUEZ-PEREZ also struck an innocent bystander, permanently paralyzing that victim.
• FNU LNU, a/k/a “Carlos Valentin,” a/k/a “Campi,” in or about 2000:  Campi – whose true identity remains unknown – was strangled to death by RODRIGUEZ-PEREZ and his underlings in a public park in the Bronx.  Campi was a low-level employee of RODRIGUEZ-PEREZ’s drug business whom RODRIGUEZ-PEREZ suspected of having stolen a small amount of marijuana.  RODRIGUEZ-PEREZ buried Campi in a pre-dug grave, and later returned in an unsuccessful effort to locate, exhume, and destroy his victim’s remains.
• Noel Herrera, on December 29, 2001:  Herrera was a rival drug dealer murdered by RODRIGUEZ-PEREZ in order to increase the Rodriguez Organization’s profits.  He was murdered in the Dominican Republic at RODRIGUEZ-PEREZ’s direction by a team of paid assassins.
• Kelly Perez, a/k/a “Red” on September 16, 2002:  RODRIGUEZ-PEREZ ordered the murder of this low-level employee of his business because he believed Perez to have stolen a small amount of marijuana and money, with which he had purchased a particular firearm.  Before attempting multiple times to murder Perez, RODRIGUEZ-PEREZ forced Perez to return that firearm and, in spite, ensured that Perez died from a shot fired by the same weapon.   
• Marino Molina, on January 11, 2003, and Wilfredo Molina, a/k/a “Willie,” on May 3, 2004:  The Molina brothers were rivals of the Rodriguez Organization and associates of RODRIGUEZ-PEREZ’s first victim, Francisco Perez.  Marino was murdered by a team of hitmen in the Dominican Republic while attending a baseball game, and Wilfredo was murdered in the drive-way of his family home in the presence of his young son.
• Manuel Rivas, a/k/a “Tony el Mono,” on October 29, 2005:  Rivas was a former employee of the Rodriguez Organization whom RODRIGUEZ-PEREZ believed to be cooperating with law enforcement in the investigation of his drug empire.  Rivas was murdered in the Dominican Republic by hitmen hired by RODRIGUEZ-PEREZ. 
• Richard Cabrera, a/k/a “Bori,” on January 16, 2006:  The murder of Richard Cabrera demonstrates RODRIGUEZ-PEREZ’s ruthlessness in support of his narcotics business.  Cabrera had been a hitman for RODRIGUEZ-PEREZ in the murder of Francisco Perez, described above, and RODRIGUEZ-PEREZ murdered Cabrera in order to safeguard against the possibility of Cabrera revealing RODRIGUEZ-PEREZ’s role in that earlier murder.

Noel Herrera, Marino Molina, and Manuel Rivas were each murdered by or at the command of RODRIGUEZ-PEREZ in the Dominican Republic.  Wilfredo Molina was murdered at the command of RODRIGUEZ-PEREZ in New Jersey, and the remaining victims were murdered in New York City.  

Additionally, RODRIGUEZ-PEREZ was ordered to pay $25 million as a forfeiture penalty, which is the approximate amount of gross proceeds received by RODRIGUEZ-PEREZ derived from racketeering activities, properties in New York, Florida, and the Dominican Republic, and cash and jewelry seized by law enforcement officers.

RODRIGUEZ-PEREZ, age 43, has been in federal custody since October 15, 2010, when he was arrested during a takedown of more than 50 members of a massive marijuana trafficking ring that transported ton-quantities of marijuana from Florida and California for distribution in the greater New York area from the early 1990’s to 2010.  

In sentencing RODRIGUEZ-PEREZ, Judge Swain said a life sentence was warranted because of the “breadth and violence” of his criminal conduct, which showed an “immense willingness and capacity to exact vengeance and violence.”  Judge Swain described the “collateral damage caused” by RODRIGUEZ-PEREZ’s crimes as “catastrophic and immeasurable.”

Mr. Bharara praised the outstanding investigative work of ICE HSI, the New York City Police Department, and the U.S. Drug Enforcement Administration.  He also thanked the U.S. Marshals Service, the Bergen County, New Jersey, Prosecutor’s Office, the Englewood, New Jersey, Police Department, the U.S. Department of Housing and Urban Development, and the New York City Department of Investigation for their assistance, and added that the investigation is continuing.

Cardiologist, Neurologist, And Others Charged In $50 Million Health Care Fraud Scheme, And Civil Suit Filed Against Clinic And Participants In The Fraud

Defendants Provided False Patient Medical Information and Used the Identities of Doctors Who Did Not Work at the Clinic to Submit More Than $50 Million in Fraudulent Health Care Claims

   Preet Bharara, the United States Attorney for the Southern District of New York, William F. Sweeney Jr., the Assistant Director-in-Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), Scott J. Lampert, Special Agent-in-Charge of the New York Regional Office of the United States Department of Health and Human Services Office of the Inspector General (“HHS-OIG”), and James P. O’Neill, the Commissioner of the New York City Police Department (“NYPD”),  announced today criminal and civil actions relating to a 12-year scheme to defraud Medicaid, Medicare, and other private health insurance companies out of more than $50 million.  Today’s actions include the unsealing of an Indictment charging ASIM HAMEEDI, FAWAD HAMEEDI, MICHELLE LANDOY, DESIREE SCOTT, EMAD SOLIMAN, and ARIF HAMEEDI with, among other things, health care fraud, identity theft, and making false statements, and the filing of a civil fraud lawsuit against CITY MEDICAL ASSOCIATES, P.C., and ASIM HAMEEDI, among others, seeking treble damages and civil penalties under the False Claims Act for the fraudulent claims for reimbursement submitted by CITY MEDICAL ASSOCIATES to Medicare and Medicaid between 2003 and November 2015.

 ASIM HAMEEDI was arrested this morning in Manhattan.  FAWAD HAMEEDI was arrested this morning on Long Island.  LANDOY and SCOTT were each arrested this morning in Queens, New York.  SOLIMAN was arrested this morning in Westchester County.  ARIF HAMEEDI is outside the United States and has not yet been arrested.  All of the defendants in custody will be presented later today in Manhattan federal court before Magistrate Judge Sarah Netburn.

Manhattan U.S. Attorney Preet Bharara said:  “As alleged, these defendants that included a cardiologist and neurologist ran a medical practice that for years bilked public health care programs and private insurance companies of more than $50 million.  Thanks to the hard work of federal and state investigators, this fraud has been revealed and the alleged perpetrators forced to face the consequences of their actions.” 

FBI Assistant Director-in-Charge William F. Sweeney Jr. stated: “Public health insurance programs, like Medicare and Medicaid, are not a personal pocketbook for criminals seeking to exploit a program designed to help those who need these programs the most. As alleged, the six defendants carried out a massive health care fraud scheme against these programs and private insurance companies for over twelve years and submitted more than $50 million in fraudulent claims. The FBI is committed to working with our law enforcement partners to bring to justice those who defraud taxpayer funded programs.”

HHS-OIG Special Agent-in-Charge Scott J. Lampert said:  “Health care fraud schemes like the one alleged here loot government health programs, compromise patient well-being, and undermine the public’s trust in the health profession.  You can bet our agents will continue to thoroughly investigate such allegations and hold fraudsters accountable for their crimes.”

NYPD Commissioner James P. O’Neill said: “As alleged, this investigation revealed numerous calculated actions that occurred for more than a decade which resulted in more than $50 million in fraudulent claims.  I commend the NYPD investigators and FBI agents who uncovered these criminal activities and whose efforts resulted in a thorough investigation and arrests related to this ill-fated scheme.”

   

According to the allegations in the Indictment and the Civil Complaint:[1]

ASIM HAMEEDI, a board-certified interventional cardiologist who was the president and owner of City Medical Associates, a cardiology and neurology clinic based in Bayside, New York (“CMA””), together with others employed by CMA, conducted a massive health care fraud scheme spanning 12 years and involving more than $50 million in fraudulent claims.  ASIM HAMEEDI conducted this scheme with others employed at or associated with CMA, including ASIM HAMEEDI’s nephew, FAWAD HAMEEDI, ASIM HAMEEDI’s brother, ARIF HAMEEDI, MICHELLE LANDOY, and DESIREE SCOTT, who were also employees of CMA, and EMAD SOLIMAN, a board-certified neurologist with his own practice in Westchester, New York.

The multi-faceted scheme included, among other things: (1) making false representations to insurance providers, including providers paid through Medicaid and Medicare, about the medical condition of patients in order to obtain preauthorization for medical tests and procedures; (2) submitting false claims to insurance providers for tests and procedures that were not performed and/or medically unnecessary, as well as for drug items not used or provided; (3) paying exorbitant kickbacks to local primary care medical offices in exchange for lucrative referrals from these offices; (4) and accessing, without authorization, electronic health records of patients at a particular hospital based on Long Island, New York (“Hospital-1”), in violation of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) in order to identify patients to be recruited to CMA.

In furtherance of the scheme, and to hide from the insurance providers the huge volume of claims, including fraudulent claims, being submitted by CMA, ASIM HAMEEDI, FAWAD HAMEEDI, ARIF HAMEEDI, MICHELLE LANDOY, and DESIREE SCOTT submitted claims to the insurance providers falsely representing that medical tests had been ordered or performed by doctors who did not work at CMA and who had not ordered or performed the tests.  These doctors included EMAD SOLIMAN, who knowingly participated in the scheme to allow CMA to submit false claims to the insurance providers in his name, as well as two other doctors who did not know that their identities were being used to further the fraud (“Doctor-1” and “Doctor-2”). 

In addition, ASIM HAMEEDI and FAWAD HAMEEDI, with the assistance of ARIF HAMEEDI, used various unlawful means to obtain and maintain a high volume of patients for use in the fraudulent scheme, including, among other things, paying exorbitant kickbacks to local primary care offices and practitioners in exchange for referrals of patients by those offices and practitioners to CMA.  Moreover, ASIM HAMEEDI and FAWAD HAMEEDI repeatedly, and without authorization, accessed information in electronic health records of patients of Hospital-1 to identify and recruit patients to the practice of ASIM HAMEEDI and CMA.

The charges against the defendants alleged in the Indictment, and the maximum penalties for those charges, are set forth in a chart below.  Also set forth below is a chart with the defendants’ names, ages, and residences. 

The Civil Complaint joins a civil fraud lawsuit previously filed under seal by a whistleblower under the False Claims Act.  The civil case is pending before Judge Paul G. Gardephe.

Mr. Bharara praised the outstanding investigative work of the FBI, HHS-OIG, the NYPD, and the New York State Department of Financial Services.

The criminal case is being handled by the Complex Frauds and Cybercrime Unit, and Assistant U.S. Attorney Elisha J. Kobre is in charge of the prosecution.  The civil case is being handled by Assistant U.S. Attorney Jacob M. Bergman of the Office’s Civil Frauds Unit.

CHARGE	DEFENDANTS	MAXIMUM PENALTIES
Count One
Conspiracy to Commit Health Care Fraud and Wire Fraud in violation of 18 U.S.C. § 1349	ASIM HAMEEDI, FAWAD HAMEEDI, MICHELLE LANDOY, DESIREE SCOTT, EMAD SOLIMAN, and ARIF HAMEEDI	20 years in prison
Count Two
Health Care Fraud, in violation of 18 U.S.C. §§ 1347 and 2	ASIM HAMEEDI, FAWAD HAMEEDI, MICHELLE LANDOY, DESIREE SCOTT, EMAD SOLIMAN, and ARIF HAMEEDI	10 years in prison
Count Three
Wire Fraud, in violation of 18 U.S.C. §§ 1343 and 2	ASIM HAMEEDI, FAWAD HAMEEDI, MICHELLE LANDOY, DESIREE SCOTT, EMAD SOLIMAN, and ARIF HAMEEDI	20 years in prison
Count Four
False Statements Relating to Health Care Matters, in violation of 18 U.S.C. §§ 1035 and 2	ASIM HAMEEDI, FAWAD HAMEEDI, MICHELLE LANDOY, DESIREE SCOTT, EMAD SOLIMAN, and ARIF HAMEEDI	5 years in prison
Count Five
Conspiracy to Violate the Anti-Kickback Statute, in violation of 18 U.S.C. § 371	ASIM HAMEEDI, FAWAD HAMEEDI, and ARIF HAMEEDI	5 years in prison
Count Six
Conspiracy to Wrongfully Obtain and Disclose Individually Identifiable Health Information, in violation of 18 U.S.C. § 371	ASIM HAMEEDI and FAWAD HAMEEDI	5 years in prison
Count Seven
Conspiracy to Commit Fraud in Connection with Identification Information, in violation of 18 U.S.C. § 1028(f)	ASIM HAMEEDI, FAWAD HAMEEDI, MICHELLE LANDOY, DESIREE SCOTT, and EMAD SOLIMAN	15 years in prison
Count Eight
Conspiracy to Commit Money Laundering, in violation of 18 U.S.C. § 1956(h)	ASIM HAMEEDI, FAWAD HAMEEDI, and ARIF HAMEEDI	20 years in prison
Count Nine
Aggravated Identity Theft, in violation of 18 U.S.C. § 1028A	ASIM HAMEEDI, FAWAD HAMEEDI, MICHELLE LANDOY, and DESIREE SCOTT	Mandatory minimum of 2 years in prison
Count Ten
False Statements to a Federal Agent, in violation of 18 U.S.C. § 1001	EMAD SOLIMAN	5 years in prison

DEFENDANT	AGE		RESIDENCE
ASIM HAMEEDI	46		Manhattan, New York and
FAWAD HAMEEDI	31		Long Island, New York
MICHELLE LANDOY	35		Queens, New York
DESIREE SCOTT	37		Queens, New York
EMAD SOLIMAN	47		Westchester County, New York
ARIF HAMEEDI	56		Queens, New York

[1] As the introductory phrase signifies, the entirety of the text of the Indictment and Civil Complaint and the descriptions of the Indictment and Civil Complaint set forth below constitute only allegations, and every fact described should be treated as an allegation.

NYC Comptroller Scott M. Stringer Announces Pre-Litigation Settlement with Claimants Amaury Villalobos and William Vasquez after Convictions Vacated

   New York City Comptroller Scott M. Stringer announced today settlements of $9.7 million each for the wrongful conviction claims of Amaury Villalobos and William Vasquez.  In 1980, a fire in a residential building in Park Slope, Brooklyn, killed a mother and her five children. Mr. Villalobos and Mr. Vasquez were arrested in connection with the fire. They were, respectively, 30 years old and 29 years old at the time of arrest.

Each served approximately 32 years in prison after being found guilty of arson and murder at trial in 1982 and sentenced to 25 years-to-life. However, following an investigation, the Kings County District Attorney’s Conviction Review Unit (CRU) moved to vacate the convictions of Mr. Vasquez and Mr. Villalobos. Their case represents the longest period of incarceration for any conviction vacated by the CRU and the late Kings County District Attorney Kenneth Thompson, who said before his passing that “this is a case that never should have been brought.”

“Following a careful and thorough review of the facts of this case, my office was able to reach a settlement with the claimants that will serve the best interests of all parties,” Comptroller Stringer said. “I believe late District Attorney Ken Thompson would be pleased with our efforts to reach a settlement with Mr. Villalobos and Mr. Vasquez. We have reached an agreement that recognizes the years these men spent incarcerated and allows them and their families closure, while being prudent in fulfilling my office’s fiscal responsibility to the City of New York.”

Under Chapter 5, Section 93 of the New York City Charter, the Comptroller has the authority to settle any claims against the City.

A.G. Schneiderman Announces $7.9 Million Settlement And State Prison Sentences In Major Illegal Prescription Buy-Back And Money Laundering Scheme

Defendants Paid Off Patients To Forgo HIV Medication And Submitted Millions In False Claims To Medicaid And Medicare

Schneiderman: These Defendants Exploited The Trust Between Healthcare Providers And Patients For Financial Gain

  Attorney General Eric T. Schneiderman announced today the sentencing of two pharmacy owners, a supervising pharmacist and ten corporations for defrauding several government-funded healthcare programs, including Medicaid and Medicare. An investigation revealed that on at least eight separate occasions between November 2013 and February 2014, the defendants paid patients hundreds of dollars in cash to forgo their prescription medications, the vast majority of which were to treat HIV. The defendants then submitted false claims to Medicare, Medicaid and Medicaid-managed care organizations and were reimbursed for distributing the medications, despite the fact that they were never dispensed to patients. Tarek Elsayed, 50, of Elmhurst Queens, the co-owner of 184th Street Pharmacy in the Bronx, was sentenced today in Bronx County Supreme Court by the Honorable Stephen Barrett to one to three years in state prison. 

“These defendants abused the fundamental trust between healthcare providers and patients by putting their own greed above the health needs of their patients,” said Attorney GeneralSchneiderman. “This blatant theft and abuse of our state and country’s most important healthcare programs is reprehensible and will not be tolerated.”

Previously, in August of 2016, Ahmed Hamed, 39, of Elmhurst Queens, the second co-owner of 184th Street Pharmacy, was sentenced to two to six years in state prison. In October of 2016, Mohamed Hassan Ahmed, 38, of Bayside, the supervising pharmacist at 184th Street Pharmacy, was sentenced to one to three years in state prison and was required to surrender his license to practice pharmacy. Collectively, the three defendants stole over $10 million from government-funded health care programs.

In addition, the Attorney General’s Medicaid Fraud Control Unit (MFCU) reached a $4.1 million civil settlement agreement with defendant Elsayed and a $3.8 million civil settlement agreement with defendant Hamed. Defendant Hamed was also required to forfeit a Maserati and BMW he purchased with the proceeds from the scheme. Both vehicles have since been sold and proceeds from the sales returned to the state Medicaid program.

Between March 2013 and March 2014, Medicare, Medicaid and Medicaid-managed care organizations paid 184^th St. Pharmacy over $10 million for medications 184^th St. Pharmacy claimed to have dispensed to patients. MFCU’s investigation revealed however that the pharmacy ordered only $1 million in medications from legitimate pharmaceutical wholesalers. 

During the undercover operations, the defendants advised undercover investigators from MFCU to sell their prescriptions to only the defendants. The defendants also paid the undercover investigators for referrals of new patients who sold their prescriptions to the defendants for cash. 

MFCU’s investigation further revealed that often within days of illegally obtaining funds from government-funded healthcare programs, defendants Ahmed Hamed and Tarek Elsayed funneled their criminal proceeds through several shell companies they owned and controlled, each named to be seem similar to well-known but unrelated companies in healthcare.  One such company pled guilty to Money Laundering in the First Degree, a class B Felony; the rest pled guilty to Money Laundering in the Second Degree, a class C Felony. Each corporation will be dissolved.

Tarek Elsayed pled guilty to one count of Grand Larceny in the Second Degree, a Class C Felony.  Ahmed Hamed pled guilty to two counts of Grand Larceny in the First Degree, a Class B Felony, and two counts of Grand Larceny in the Second Degree.  Mohamed Hassan Ahmed pled guilty to one count of Grand Larceny in the Second Degree.  

Attorney General Schneiderman thanks Amida Care Inc., which provided a referral of suspected fraud that led MFCU to perform several undercover investigations; Healthfirst PHSP, Inc.; Express Scripts; and CVS Caremark for their cooperation in this investigation.

The Attorney General also thanks MFCU’s partners in law enforcement, including the New York State Office of the Medicaid Inspector General; the United States Department of Health and Human Services Office of the Inspector General (HHS-OIG); and the New York City Police Department, notably Detective Mike Smyth.