|
|
|
|
|
Friday, March 4, 2022
News from BP Gibson: Resources and Updates
Rye Ophthalmologist Sentenced To 96 Months In Prison For Prolific Seven-Year Healthcare Fraud Scheme And Covid-19 Loan Fraud
Damian Williams, the United States Attorney for the Southern District of New York, announced that AMEET GOYAL, M.D., (“GOYAL”) an ophthalmologist in Rye, New York, was sentenced to 96 months in prison for orchestrating a seven-year healthcare fraud scheme by falsely billing for millions of dollars of upcoded procedures, and also for fraudulently obtaining two Government-guaranteed loans intended to help small businesses during the COVID-19 pandemic while he was facing charges on pretrial release for the healthcare fraud scheme. In imposing the sentence today, U.S. District Judge Cathy Seibel noted, “Fraud doesn’t fully capture how blatant this was and how unjustified this was… This was not about need, it was about greed.” GOYAL previously pled guilty to all charges in a six-count superseding Indictment before Judge Seibel on September 13, 2021.
In addition to the prison term, GOYAL was sentenced today to five years of supervised release, and ordered to pay forfeiture of $3.6 million and restitution of $3.6 million. GOYAL has already paid approximately $1.79 million toward these obligations.
U.S. Attorney Damian Williams said: “A prominent ophthalmologist and oculoplastic surgeon who has now surrendered his medical license, AMEET GOYAL was blinded by greed. Over a seven-year period, he preyed on the trust placed in him and cheated patients and insurance companies of $3.6 million in false charges. To cover his tracks, he created fictitious operative reports, seeded across hundreds of patient files, violating the integrity of patients’ medical records and making it more difficult for subsequent doctors to evaluate their care. He sent patients who could not pay the upcoded bills to a collection agency, decimating their credit. He pressured other doctors to join the scheme and threatened to retaliate against their livelihood and careers. Even after being arrested for this scheme, GOYAL committed a breathtaking new fraud and stole $637,200 from the Paycheck Protection Program in the early days of a devastating pandemic. For his crimes, GOYAL will serve a substantial sentence in prison.”
According to the allegations contained in the Indictment, court filings, and statements made during court proceedings:
At all relevant times, GOYAL owned and operated the ophthalmology practice Ameet Goyal M.D. P.C., doing business as Rye Eye Associates, with offices in Rye, Mt. Kisco, and Wappingers Falls, New York, and Greenwich, Connecticut (the “Practice”). Between 2010 and 2017, GOYAL engaged in widespread healthcare fraud by consistently “upcoding” simpler, lower-paying surgical procedures and examinations as complex, higher-paying major operations in fraudulent billings submitted to Medicare, private insurance companies, and patients. As a result, GOYAL fraudulently obtained at least $3.6 million in payments for procedures he did not perform. GOYAL failed to obtain proper and, at times, any consent for the upcoded procedures he falsely claimed to have performed. As part of the scheme, GOYAL routinely falsified patient medical records, authoring fictitious templated operative reports that matched the complex operation he billed rather than the different minor procedure he actually performed. GOYAL also pressured other employees in his Practice to engage in the scheme, and threatened the livelihood of employees who refused to comply. GOYAL caused patients to pay thousands of dollars out of pocket for fraudulently billed charges, and initiated debt collection proceedings against patients who did not pay the full amounts of those false charges. As a result of his fraudulent billings, GOYAL was the highest-billing doctor in the tri-state area for several of his fraudulently billed codes, one of which he billed seven times more frequently than all doctors in the tri-state area combined. GOYAL was indicted for the healthcare fraud charges in November 2019 and was released on bail.
The Coronavirus Aid, Relief, and Economic Security (“CARES”) Act is a federal law enacted on March 29, 2020, designed to provide emergency financial assistance to the millions of Americans who are suffering the economic effects caused by the COVID-19 pandemic. One source of relief provided by the CARES Act was the authorization of hundreds of billions of dollars in forgivable loans to small businesses for job retention and certain other expenses through the SBA’s Paycheck Protection Program (“PPP”). Applicants with pending criminal charges are ineligible for PPP loans. The PPP also limits each eligible borrower to one loan, and a maximum loan amount calculated based on a business’s average monthly payroll expenses.
In or about April 2020, GOYAL applied to the SBA and Bank-1, a federally insured institution, for over $630,000 in Government-guaranteed loans through the PPP. Specifically, on or about April 21, 2020, GOYAL applied for a loan in the amount of $358,700 for the business “Ameet Goyal,” with his own social security number and e-mail address. On or about April 29, 2020, GOYAL applied for a second loan in the amount of $278,500, with a business name “Rye eye associates,” using the Employer Identification Number for Ameet Goyal, M.D. P.C and a different email address controlled by GOYAL. To substantiate each loan, however, GOYAL submitted the exact same underlying payroll expense report, showing the same employees and payroll costs.
On both applications, GOYAL falsely answered that he was not facing any pending criminal charges, and electronically placed his initials “AG” directly under his “No” response. GOYAL also falsely certified, among other things, that his business would not receive another PPP loan until the end of the year. After obtaining approval from Bank-1 and the SBA through his fraudulent misrepresentations, GOYAL executed loan notes for two loans. On May 4, 2020, GOYAL received the first loan of $358,700, and on May 11, 2021, GOYAL received the second loan of $278,500. GOYAL used the business checking account into which these funds were deposited to pay business and personal expenses, including by making a payment to a country club in Westchester, New York within days of receiving the first loan, as well as payments to a California vineyard and golf merchandise website.
GOYAL, 58, of Rye, New York, pled guilty to all six counts in the Superseding Indictment. The first count charged healthcare fraud; the second count charged wire fraud; and the third count charged making false statements relating to health care matters. Counts four, five, and six charged that while on pretrial release, the defendant committed the following offenses, respectively: bank fraud, making false statements on a loan application, and making false statements in a matter within the jurisdiction of the executive branch of the Government of the United States.
Mr. Williams praised the work of the Federal Bureau of Investigation, the U.S. Department of Health and Human Services, Office of Inspector General, and the Office of the Inspector General of the SBA.
Attorney General James Launches Rulemaking Process to Combat Illegal Price Gouging and Corporate Greed
OAG Starts First Price Gouging Rulemaking Process as Major Corporations Continue to Raise Consumer Prices
AG James Seeks Public Comments to Inform New Price Gouging Rules
New York Attorney General Letitia James today launched a rulemaking process to look into whether major corporations are using the pandemic and inflation as an excuse to unfairly raise the price of basic goods. The first-ever price gouging rulemaking process by the Office of the Attorney General (OAG) will examine and address new evidence that some of the recent price hikes by big corporations were driven by profit not increased costs. Through this process, Attorney General James aims to implement new price gouging rules that will crack down on pandemic profiteering and corporate greed.
“The rising costs of essentials and basic household items has had a real impact on working families,” said Attorney General James. “Throughout the pandemic, hardworking New Yorkers have been struggling to make ends meet, but big corporations have been celebrating record breaking profits. It doesn’t add up. My office is prepared to use every tool in our toolbox to crack down on price gouging and pandemic profiteering.”
New York’s price gouging law bans companies from taking advantage of a crisis to charge excessive prices for vital and necessary goods and services. The rulemaking process will explore growing evidence that big corporations appear to have used the pandemic as an excuse to charge more for necessary goods, such as gas and oil, food, and cars. As evidenced by the recent spike in corporate profits, many companies are not sharing in the burden of the pandemic, nor are they neutral. Evidence indicates that some companies are profiting by increasing costs for the people hit hardest by the pandemic.
Since the start of the pandemic, public reporting has highlighted instances of major corporations steadily increasing costs of goods onto consumers, despite experiencing record high revenue. Some examples of those reports include:
- Beef prices rose 30 percent, while meatpackers have been celebrating an average of 120 percent increase in profits.
- The cost of Proctor and Gamble diapers, toothpaste, detergent, and tampons has risen throughout the pandemic while Proctor and Gamble has boasted record-breaking profits.
- Chipotle prices are up 10 percent from January 2021 to January 2022, which the company blames on labor shortages, but their operating income rose 181 percent.
- While the cost of a basic cup of coffee at Starbucks has shot up 20 percent, the company profits are up 30 percent.
- Shipping prices are way up, while shipping company profit margins are breaking records.
- Chevron and Shell posted record profitability while energy costs soared.
While not all of these may be illegal, some of them may fit the definition of price gouging under New York law.
New York’s law bans “unconscionably excessive” prices, which include both “unconscionably extreme” prices and prices set through “unfair leverage or unconscionable means.” New York’s statute is also unique in the wide scope of covered goods and services, and the fact that it covers all actors in the supply chain for those goods and services, including manufacturers, retailers, distributors, shipping firms, and online platforms. The law also prohibits price gouging not just of consumers but also small businesses and state and local governments.
The Advance Notice of Proposed Rulemaking (ANPR) outlines the evidence that some of the price increases for vital and necessary goods may violate New York law and lays out the incentive structures that can lead to price gouging. The ANPR also discusses the unique harms caused by price gouging and the economic justification for prohibiting this form of profiteering. The ANPR has been submitted to the State Register for publication and will be officially available on or about March 9.
The OAG is seeking comment from the public on a wide range of questions about price gouging, including questions about industry tools that may obscure price gouging.
Public comments in response to the ANPR may be submitted immediately and until April 22, 2022 at stopillegalprofiteering@ag.ny.gov.
Requesting public comments is part of the three-step process. Once public comments are submitted OAG will review them then propose new rules. Afterwards, the public will have 60 days to submit comments on the proposed rules. Following the 60 days, OAG will promulgate new price gouging rules.
This is the first rulemaking initiated under the 2020 amendments to New York’s General Business Law 396-r, which expanded the scope of the price gouging statute, and granted the Attorney General rulemaking authority.
STATEMENT FROM MAYOR ERIC ADAMS AND COMMISSIONER CASTRO ON IMMIGRATION RELIEF EXTENSION TO UKRAINIANS
New York City Mayor Eric Adams and Mayor’s Office of Immigrant Affairs Commissioner Manuel Castro today released the following statement in response to President Biden extending Temporary Protected Status (TPS) to 1 million Ukrainian immigrants living in the United States:
“Amid the ongoing humanitarian crisis in Ukraine, we thank President Biden for listening to our call to extend Temporary Protected Status to 1 million Ukrainian immigrants living in the U.S.
“With the largest population of Ukrainian immigrants living in the country, this effort will protect thousands of New Yorkers in a time of crisis. The city stands by our state partners in ensuring that New York is a safe haven and that we lead the nation in supporting immigrant communities in a time of need.”
Ukrainian New Yorkers can visit nyc.gov/ukrainianresources for more information or call the Mayor’s Office of Immigrants Affairs’ Immigration Legal Services Hotline at 800-354-0365 for help in applying for TPS, as well as for connections to city-funded, free, and safe immigration legal help.
NYC PUBLIC ADVOCATE'S STATEMENT ON NEW COVID-19 SAFETY PROTOCOLS, RISK ASSESSMENT SYSTEM
"I want to thank New Yorkers for all that they have done to protect one another and limit the spread of COVID-19, allowing us to work to move forward. There will never be a perfect time to lift these policies, and the decisions will always be difficult, but the best course of action is to move gradually and guided by the science.
"Based on recent CDC guidelines, easing masking measures can make sense, provided other standards are met. As I have said, though, it is unnecessary and unwise to suddenly remove Key2NYC, especially while simultaneously lifting other protections and amid existing vaccine disparities across neighborhoods. Vaccine requirements are helping New Yorkers both be safe and feel safe as they patronize local businesses, and we should only move forward only in a way that ensures we don’t go backward. Lifting Key2NYC sends the wrong message at the wrong time.
"Finding a new normalcy will mean continuously monitoring the level of risk and impact of new policies. To that end, I am glad to see the mayor follow through on establishing a color-coded standard for COVID-19 risk and the corresponding safety measures. My office has advocated for this for several months, and the administration has previously signaled support.
"At the same time, I believe more clarity and transparency is still needed on the metrics used to reach these declarations. Right now, the CDC’s assessment places New York City counties at “medium” risk, not low. Additionally, the city’s new definition of “low” risk protocols includes masking in some spaces where vaccination status is unverified – seemingly at odds with the administration lifting protocols, especially around Key2NYC, today. Consistency of messaging and metrics is essential to giving New Yorkers the tools they need to protect themselves and one another, and rebuilding trust that government will not repeat the mistakes of the past."
Governor Hochul Highlights Available Programs to Help New Yorkers Manage Rising Energy Costs
Options Available to Maximize Energy Efficiency, Affordability, and Comfort
Follows Call for Utilities to Enhance Consumer Awareness of Impact on Energy Bills
Home Energy Assistance Program Aid Available for Homeowners and Renters
Governor Kathy Hochul today reminded New Yorkers of programs and options available to address rising energy supply costs. Families and businesses alike can take advantage of programs to adopt energy efficiency and electrification solutions for homes and buildings, which will make them more comfortable and help manage energy costs over time. Earlier this week, the Governor announced the Department of Public Service issued letters to all of New York’s major electric and gas utilities requiring them to increase their outreach and education efforts regarding the impact on energy bills from surging energy supply prices. She also launched an enhanced statewide campaign to educate New Yorkers about the available programs low-income customers can tap into to access millions in aid.
“My administration is working closely with partners throughout the state to ensure we have a coordinated effort in helping families and businesses address rising energy costs,” Governor Hochul said. “I encourage all New Yorkers to take advantage of the various programs available to help manage these rising costs, as well as ensure that best practices are being followed to reduce energy consumption.”
New York State Energy Research and Development Authority (NYSERDA) President and CEO Doreen M. Harris said, “There are many ways for New Yorkers to save energy and lessen their energy bills over time, from easy steps like using LED lighting to signing up for a local community solar offering. These programs can offer an immediate lifeline for some of our most vulnerable residents during these challenging times, and we encourage all New Yorkers to help us spread the word about the assistance we are offering in the face of rising energy costs.”
Office of Temporary and Disability Assistance (OTDA) Acting Commissioner Daniel W. Tietz said, “As New Yorkers continue to feel the budgetary sting of rising fuel costs, we encourage all eligible households to apply for help from the Home Energy Assistance Program. The regular benefit and emergency supplements can provide an important stopgap for low-income individuals and families to defray the cost of heating their homes and make ends meet as we head into the final weeks of the cold weather season in the Northeast.”
Department of Public Service (DPS) CEO Rory M. Christian said, “Given the sudden and sharp increase in energy prices, it’s critically important for consumers to reduce their monthly energy bills by considering cost-effective energy efficiency investments such as using LED lights, better household insulation, and more energy efficient appliances. Many of these investments can be made by consumers themselves without the need to hire a contractor.”
The costs of natural gas, heating oil and propane continue to rise sharply resulting in increases in utility and heating bills, with international geopolitical influences putting additional pressure on the price of oil and gas. As energy prices rise during the winter months, some steps New Yorkers can take to protect against higher energy costs are:
Apply for HEAP. The Home Energy Assistance Program (HEAP) can provide up to $751 to eligible homeowners and renters depending on income, household size and how they heat their home. Administered by the state Office of Temporary and Disability Assistance, applications for HEAP are accepted at local departments of social services in person or by telephone, with funding provided on a first-come, first-served basis. A list of local offices by county can be found here. Residents outside of New York City may also apply online for regular heating assistance benefits. New York City residents may download an application and obtain program information here. To qualify for benefits, a family of four may have a maximum gross monthly income of $5,249, or an annual gross income of $62,983.
- New York State is also providing $250 million in additional federal funding to help low-income households pay heating utility arrears up to $10,000 per household. Additionally, $58 million in emergency HEAP funding remains available to help low- and middle-income New Yorkers avoid having their home heating disconnected or their heating source exhausted amid fuel price increases this winter.
- For low-income households facing no-heat situations due to non-working heating equipment, OTDA is also accepting applications for its heating equipment repair or replacement benefit. Eligible homeowners can apply for up to $3,000 for repairs or $6,500 for replacement of a furnace, boiler or other direct heating equipment necessary to keep the household's primary heating source working. Additionally, eligible households can receive energy efficiency services, which include the cleaning of primary heating equipment to allow for safe and efficient operation. Interested households can apply with their local HEAP contact.
Take immediate action to be more energy efficient. There are many simple steps consumers can take at home, such as lowering the thermostat by a few degrees, using curtains to help keep heat in, and adding weather stripping to windows and doors, all of which are no or low-cost to the consumer. NYSERDA offers energy saving tips for residents and homeowners as well as businesses that can be implemented to lower energy usage. NYSERDA also offers a range of home energy efficiency programs that can help save energy and reduce costs over the long-term. Income-eligible customers may qualify for reduced cost or free energy upgrades to their homes through EmPower New York and Assisted Home Performance with ENERGY STAR® programs. Homeowners should also check with their local gas and electric utility companies to access discounted products and services that can help them lower their energy costs all year long.
Receive a customized list of energy-related assistance in the State. New York Energy Advisor can help homeowners, renters, and property managers locate programs that help them spend less on energy and create healthier and more comfortable spaces. With the New York Energy Advisor, consumers answer a few simple questions and are connected with energy-saving offers in New York State. Sponsored by NYSERDA and utilities, qualified New Yorkers can get help paying utility bills, receive special offers on heating assistance, and more.
Sign up for community solar. Community Solar allows New Yorkers, including renters, co-op/condo owners, and businesses, to save money every month on their electric bills. Consumers can subscribe to a community solar project where available and start receiving credits on their electric bill for the clean energy produced by a solar farm. Find more information on how to sign up for community solar on NYSERDA’s website.
Get a free energy audit. Homeowners across New York are eligible for a free home energy assessment through NYSERDA’s Residential Energy Audit Program. Home energy assessments are available both in-person and using remote technologies. Trained and qualified contractors who provide energy assessment services can help homeowners decide which energy improvements are worth investing in, install the improvements, and assist in connecting homeowners with NYSERDA’s low-interest financing programs.
Reduce your business or buildings energy costs. Community Energy Advisors across New York State can help residents, businesses and multifamily building owners reduce their energy use and costs.
Join a Clean Heating and Cooling Campaign. Participating in a campaign eases the process of replacing a community member’s current heating or cooling system with clean heating or cooling technology by connecting members with pre-qualified contractors and outlining potential incentives, tax breaks, financing, and payment options. Experienced contractors can give a home or business owner a holistic assessment to determine if their home or business space will also benefit from weatherproofing upgrades that can further increase comfort and reduce energy bills. Visit NYSERDA’s website to see if your community is participating in a Clean Heating and Cooling Campaign.
Know your rights and protections. The New York State Home Energy Fair Practices Act (HEFPA) has comprehensive protections for residential customers regarding their utility services. These rights include the option to pay bills in installments, a cap on late fees, sufficient notice prior to shut-off of services, and protections for those on a fixed income or with medical conditions. Learn about these from the Department of Public Service at AskPSC.
Consider bill payment options. When getting in touch with your utility provider, inquire about billing options that allow for deferred payments or “budget billing” options that even out bills that are higher in one season and lower in another. This can structure your payments and make it easier to navigate costs.
Better understand the energy management of your building. Put Energy to Work for businesses provides a deeper understanding of tools and programs that help in energy management for commercial and industrial buildings and includes resources that can increase profitability, create a competitive advantage, and achieve greater resiliency.
Visit NYSERDA for more information about the programs, funding and technical assistance available to assist homeowners, renters and businesses manage their energy needs.
New York State's Nation-Leading Climate Plan
New York State's nation-leading climate agenda is the most aggressive climate and clean energy initiative in the nation, calling for an orderly and just transition to clean energy that creates jobs and continues fostering a green economy even as New York State recovers from the COVID-19 pandemic. Enacted into law through the Climate Leadership and Community Protection Act (Climate Act), New York is on a path to achieve its mandated goal of a zero-emission electricity sector by 2040, including 70 percent renewable energy generation by 2030, and to reach economy wide carbon neutrality.
It builds on New York's unprecedented investments to ramp-up clean energy including over $33 billion in 102 large-scale renewable and transmission projects across the state, $6.8 billion to reduce buildings emissions, $1.8 billion to scale up solar, more than $1 billion for clean transportation initiatives, and over $1.6 billion in NY Green Bank commitments. Combined, these investments are supporting nearly 158,000 jobs in New York's clean energy sector in 2020, a 2,100 percent growth in the distributed solar sector since 2011 and a commitment to develop 9,000 megawatts of offshore wind by 2035.
Under the Climate Act, New York will build on this progress and reduce greenhouse gas emissions by 85 percent from 1990 levels by 2050. The Climate Act will ensure that at least 35 percent, with a goal of 40 percent, of the benefits of clean energy investments are directed to disadvantaged communities, and advance progress towards the state's 2025 energy efficiency target of reducing on-site energy consumption by 185 trillion BTUs of end-use energy savings.
Harness Trainer Christopher Oakes Sentenced To 3 Years In Federal Doping Case
Oakes’s Sentence Caps a Month of Convictions and Sentences in Ongoing Doping Investigations
Damian Williams, the United States Attorney for the Southern District of New York, announced that defendant CHRISTOPHER OAKES received a sentence of thirty-six months in prison today for his role in the felony drug misbranding and adulteration charges arising from this Office’s investigation of the abuse of animals through the use of performance enhancing drugs and as charged in United States v. Navarro et al., 20 Cr. 160 (MKV). OAKES’s sentence followed the February 24, 2022, sentencing of thoroughbred trainer MARCOS ZULUETA to a term of thirty-three months in prison, and the guilty plea of harness trainer RICK DANE, JR., on February 18, 2022. OAKES and ZULUETA were each sentenced by U.S. District Judge Mary Kay Vyskocil, who will preside over the sentencing of DANE on June 21, 2022.
U.S. Attorney Damian Williams said: “These three defendants, Christopher Oakes, Marcos Zulueta, and Rick Dane, Jr., each undertook a duty to care for and protect the health and safety of the animals under their control. Each man flagrantly violated that duty in pursuit of purse money. Oakes’s sentence today, like Zulueta’s sentence, reflects the callousness of their crimes, and the gravity with which this Office takes the kind of abuse that each practiced.”
According to the allegations contained in the Superseding Informations, prior charging instruments and other filings in this case[1], and statements during court proceedings:
The charges in the Navarro case arise from an investigation of widespread schemes by racehorse trainers, veterinarians, PED distributors, and others to manufacture, distribute, and receive adulterated and misbranded PEDs and to secretly administer those PEDs to racehorses competing at all levels of professional horseracing. By evading PED prohibitions and deceiving regulators and horse racing officials, participants in these schemes sought to improve race performance and obtain prize money from racetracks throughout the United States and other countries, including in New York, New Jersey, Florida, Ohio, Kentucky, and the United Arab Emirates (“UAE”), all to the detriment and risk of the health and well-being of the racehorses. Trainers, like OAKES, ZULUETA, and DANE, who participated in the schemes stood to profit from the success of racehorses under their control by earning a share of their horses’ winnings, and by improving their horses’ racing records, thereby yielding higher trainer fees and increasing the number of racehorses under their control. Veterinarians involved in the scheme profited from the sale and administration of these medically unnecessary, misbranded, and adulterated substances.
OAKES, ZULUETA, and DANE each operated their respective doping operations using customized, misbranded drugs that were intended to be untestable by racing officials. Through his fraud – and using a sham corporation, “Northfork,” to hide his actual financial interest in various horses – OAKES defrauded others of over a million dollars in purse winnings by training and racing horses that he had “doped” using a plethora of adulterated and misbranded performance-enhancing drugs (“PEDs”), including (among others) blood builders, vasodilators, “drenches,” “bleeder” pills, and other drugs not approved by the Food and Drug Administration (“FDA”). OAKES was also willing to engage in surreptitious delivery of drugs to notorious doper and co-defendant Jorge Navarro, who was previously sentenced to five years in prison in this matter.
ZULUETA, like OAKES, supported Navarro’s racehorse doping and likewise administered illegal drugs to his racehorses under his care and control. Navarro and ZULUETA routinely discussed their use of a particular “blood builder” PED they referred to as “Monkey.” On one recorded call between ZULUETA and Navarro, Navarro stated: “the Monkey—the Monkey hits the horses hard,” later confirming, “the Monkey and the orange one . . . As far as I’m concern[ed], the Monkey and the orange one has something similar which is hitting the horses a lot.” On another recorded call, Navarro informed ZULUETA that “‘the Monkey is breaking down the horses . . . It’s breaking down . . . it’s breaking down the horses. It’s making their blood very thick.’” Still, rather than dissuade Navarro from using the product, ZULUETA agreed with Navarro that he could simply lower the dosage he was administering to his horses, while risking the horses “breaking down.” Following that conversation, ZULUETA, too, continued to procure that blood builder for use on his own horses.
DANE was a New York-based trainer of standardbred horses who regularly obtained misbranded and adulterated PEDs from co-defendant Seth Fishman, and assisted in the distribution of Fishman’s products, including by “vouching” for potential clients of Fishman. Though Fishman was nominally a veterinarian, Fishman did not practice veterinary medicine, but rather used his license as a means of shielding clients, like DANE, from regulatory scrutiny – every drug that Fishman sold to DANE and others, including drugs obtained from various compounding pharmacies, were illegally misbranded, as DANE well knew. A jury convicted Fishman of two counts of misbranding conspiracy on February 2, 2022.
In addition to the prison sentence, OAKES, 59 of Bear Creek Township, PA and ZULUETA, 54 of Bensalem, PA, were each ordered to pay a forfeiture penalty of $62,821 and $47,525, respectively.
Mr. Williams praised the outstanding investigative work of the FBI New York Office’s Eurasian Organized Crime Task Force and its support of the Bureau’s Integrity in Sports and Gaming Initiative. Mr. Williams also expressed the Office’s appreciation for the Food and Drug Administration, the investigative support and substantive expertise of which was integral to the success of this case.
[1] As to Oakes’s, Zulueta’s, and Dane’s co-defendants, the entirety of the texts of the Indictments, Informations, and the descriptions of the Indictments and Informations set forth herein constitute only allegations and every fact described should be treated as an allegation.
Attorney General James Warns New Yorkers to be Cautious in Charitable Giving Amid Ukranian Crisis
New York Attorney General Letitia James provided warnings and tips to New Yorkers who are seeking ways to support the Ukrainian people amid the ongoing conflict. The Office of the Attorney General (OAG) warns that they should be wary of sham charities attempting to take advantage of this humanitarian crisis and ensure they are giving to credible organizations.
“At a time of great chaos, confusion, and destruction, it is imperative that New Yorkers be on alert for potential risks to when donating to charitable causes,” said Attorney General James. “Many New Yorkers are eager to do their part to help the Ukrainian people, but scammers often take advantage of crises to exploit our generosity and compassion. We will continue to do all that we can to support Ukraine, and I encourage anyone who has experienced any issues to contact my office.”
Charitable Giving
New Yorkers seeking to donate to charities should take the steps below before donating over the phone, through mail, or online to ensure that their contributions reach the causes they intend to support. Important tips to keep in mind include:
- Solicited by Email? Find Out Who is Soliciting. If you receive a solicitation by email, find out who is behind that email address. Contact the charity whose name is in the email or visit its website to find out if the email is really from the charity. Do not give personal information or your credit card number in response to an email solicitation unless you have checked out the charity.
- Be Careful When Giving Through Social Media or Other Fundraising Sites. Before giving through these social media or fundraising sites, research the identity of the organizer of the fundraising efforts and ask the same questions you would of a charity. Online platforms that host groups and individuals soliciting for causes may not thoroughly vet those who use their service. Donors should only give to campaigns conducted by people whom they know. Donors also should take a close look at the site’s FAQs and Terms and Conditions to see what fees will be charged. Also, don’t assume that charities recommended on social media sites, blogs, or other websites have already been vetted. Research the charity yourself to confirm that the charity is aware of the campaign and has given its approved permission for the use of its name or logo. If available, sign up for updates from the campaign organizer to keep abreast on how contributions to the campaign are being spent.
- Check Before Giving. Donate to charities you are familiar with and carefully review information about the charity before you give. Most charities are required to register and file financial reports with OAG's Charities Bureau if they solicit contributions from New Yorkers. Check OAG's website for financial reports of charities or ask the charity directly for its reports.
- Ask How Your Donation Will Be Used. Find out how the charity plans to use your donation, including the services and individuals your donation will support. Find out more than just the cause. Find out what organization or entity will receive the money and what programs it conducts or what services it provides.
- Look Into Newly Formed Organizations Carefully. Often, in the aftermath of tragedies, new organizations emerge to meet community needs. While most of these organizations are well-intentioned, and some may provide innovative forms of assistance, some may not have the experience or infrastructure to follow through on their promises, and some may turn out to be scams.
- Exercise Caution Before You Text A Contribution. Check the charity’s website or call the charity to confirm it has authorized contributions to be made via text message.
- Don't Give Cash. Give directly to the charity either by check made payable to the organization or through the charity's website.
- Be Careful About Personal Information. Be cautious before giving credit card or personal information over the phone, by text message or via the Internet. In all cases, make sure you are familiar with the organization to which you give such information and check to see that the fundraising campaign is legitimate.
- Report Suspicious Organizations. If you believe an organization is misrepresenting its work, or that a fundraising or charitable scam is taking place, please contact the Charities Bureau at complaints@ag.ny.gov.