R.I. Man Admits to Fraudulently Seeking $4.7M in COVID-19 Stimulus Loans

“A Middletown, R.I., man currently serving a term of federal supervised release having been convicted and incarcerated for robbing four banks, admitted in federal court in Providence today to fraudulently seeking more than $4.7 million in Paycheck Protection Program (PPP) forgivable loans guaranteed by the Small Business Administration (SBA) under the Coronavirus Aid, Relief, and Economic Security (CARES) Act,” released the District of Rhode Island U.S. Attorney’s Office.

“Michael C. Moller, 41, admitted that he applied for and received nearly $600,000 in PPP loans he claimed were to be used to pay employees for a Fall River, MA, businesses he operated, ‘Top Notch Tile.’ FBI and IRS Criminal Investigation agents determined that ‘Top Notch Tile’ was not incorporated with the Massachusetts Secretary of State, nor could investigators locate any tax or bank records for the company.”

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U.S. Says Google Breakup May be Needed to End Violations of Antitrust Law

“The U.S. sued Google on Tuesday, accusing the $1 trillion company of illegally using its market muscle to hobble rivals in the biggest challenge to the power and influence of Big Tech in decades,” reports Diane Bartz and David Shepardson in Reuters U.S. Legal News.

“The Justice Department lawsuit could lead to the break-up of an iconic company that has become all but synonymous with the internet and assumed a central role in the day-to-day lives of billions of people around the globe.”

“The lawsuit marks the first time the U.S. has cracked down on a major tech company since it sued Microsoft Corp for anti-competitive practices in 1998. A settlement left the company intact, though the government’s prior foray into Big Tech anti-trust – the 1974 case against AT&T – led to the breakup of the Bell System.”

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Chester County Judge Misused Campaign Contributions for Gambling and Personal Benefit

“The 45th Investigating Statewide Grand Jury announced charges against a Chester County magisterial district judge for using $4,000 in campaign contributions for personal benefit, which included gambling at various casinos in Pennsylvania, New Jersey and Delaware, and violating campaign reporting requirements,” reported via a press release on Josh Shapiro Attorney General’s website.

“In 2016, Cabry established the ‘Citizens for Cabry’ political action committee (PAC) in order to collect and spend campaign donations in compliance with Pennsylvania campaign finance law. Cabry submitted several campaign finance reports related to this PAC, all of which were filed, sworn to, signed, and filed by Cabry in his capacity as a magisterial district judge.”

“Cabry failed to file campaign finance reports during the fall of 2017, despite dozens of purchases being made on the PAC’s debit card for groceries, laundry services, hotel stays, and more cash withdrawals at casinos. The Grand Jury’s review of Cabry’s campaign finance records also revealed that, in 2017 alone, Cabry visited the Delaware Park Casino at least once per week, and withdrew campaign funds on several of those visits. Many reports failed to include cash withdrawals used by Cabry to gamble at various casinos.”

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AG Jennings Announces Settlement with Novartis Regarding Allegations of Improper Kickbacks

“Attorney General Kathy Jennings announced Monday that Delaware has joined the United States, twenty-seven other states, and the District of Columbia to settle allegations against Novartis Pharmaceuticals Corporation. Delaware’s settlement amount of $94,450.99 will go to the Division of Medicaid and Medicaid Assistance within the Delaware Department of Health and Social Services.” was reported on Delaware.gov’s Department of Justice Press Releases.

“The settlement resolves allegations that from January 2002 to November 2011, Novartis paid kickbacks to doctors to prescribe Lotrel, Valturna, Starlix, Tekamlo, Diovan HCT, Tekturna HCT, and Exforge HCT, and that between January 2010 and November 2011, Novartis did so for Exforge, Diovan, Tekturna. It was alleged in court documents that Novartis systemically paid doctors to speak about certain drugs at sham events, with a veneer of education applied in an attempt to avoid the law, and covered the costs of lavish meals and entertainment for attendee doctors, to induce doctors to write prescriptions for these Novartis drugs. Novartis admitted aspects of the scheme in a stipulation filed in federal court in connection with the settlement, to include admissions concerning excessive meal and alcohol spending, minimal medical discussions at Novartis’s events, and repeat attendance. This conduct violated the Federal False Claims Act, the Federal Anti-Kickback Statute, the Delaware False Claims and Reporting Act, and the Delaware Anti-Kickback Statute resulting in the submission of false claims to DMMA within DHSS.”

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SEC Awards More Than $10M to Whistleblower

“The Securities and Exchange Commission today announced an award of more than $10 million to a whistleblower whose information and assistance were of crucial importance to a successful SEC enforcement action,” posted on the U.S. Securities and Exchange Commission’s Press Release.

“The SEC has awarded approximately $520 million to 94 individuals since issuing its first award in 2012. All payments are made out of an investor protection fund established by Congress that is financed entirely through monetary sanctions paid to the SEC by securities law violators. No money has been taken or withheld from harmed investors to pay whistleblower awards. Whistleblowers may be eligible for an award when they voluntarily provide the SEC with original, timely, and credible information that leads to a successful enforcement action. Whistleblower awards can range from 10-30% of the money collected when the monetary sanctions exceed $1 million.”

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U.S. to Pay SC $600M in Settlement Over Remaining Plutonium at Savannah River Site

“Attorney General Alan Wilson announced Monday that the State of South Carolina and the United States have reached a settlement to end litigation related to weapons-grade plutonium that was relocated to the Savannah River Site in the early 2000s,” reports WSPA Staff in WSPA News.

“According to the settlement, the U.S. will pay South Carolina $600 million immediately and the Department of Energy says they will remove the plutonium by 2037.”

“The settlement ends six years of litigation related to the remaining 9.5 metric tons of weapons-grade plutonium.”

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New York May Soon Enact Contact Tracing Law

“A bill regulating the use of contact tracing data has moved its way through both chambers of the New York State legislature. Senate Bill S8450C regulates all information that includes or can reveal the identity of any individual and any COVID-19 related information or test results,” reports Dominic Panakal in HeyDataData.

“New York State established a tracing initiative to control the spread of the coronavirus pandemic across the state. The tracing program is part of the larger strategy of reducing transmission and ensuring affected individuals are appropriately isolated. As part of this initiative, the state employs contact tracers to communicate with individuals diagnosed with COVID-19, as well as any parties who have been in contact with them and therefore exposed to the virus.”

“During the early stages of the pandemic, Governor Cuomo said ‘once you trace, and you find more positives, then you isolate the positives — they’re under quarantine, they can’t go out, they can’t infect anybody else.’ Municipalities and local governments in New York have also engaged in this program or a variant of it. For example, New York City hired 3,000 disease detectives and case monitors to identify anyone who has come into contact with individuals who have tested positive for COVID-19.”

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The Supreme Court’s Big Rulings Were Surprisingly Mainstream This Year

“The Supreme Court just wrapped up its first full term with two of Trump’s nominees on the bench. But the court’s much-anticipated conservative revolution didn’t really happen this year. To be sure, the last few weeks of the term were full of consequential decisions that hinged on just one vote. But even though there were some fierce disagreements among the justices, the court’s final rulings were actually not very controversial at all — at least from the perspective of most Americans,” reports Amelia Thomson-DeVeaux and Anna Wiederkehr in FiveThirtyEight’s Supreme Court.

“According to a recent survey by a group of researchers at Stanford, Harvard and the University of Texas, Austin, which asked Americans about central issues facing the court, the justices’ rulings were in line with public opinion in 8 out of 10 major cases.”

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Michael Cohen Returned to Jail in Dispute Over Trump Book

“Michael D. Cohen, President Trump’s onetime lawyer and fixer, was in good spirits on Thursday when he arrived at a Manhattan federal courthouse, where he expected to complete routine paperwork related to his home confinement amid the coronavirus pandemic,” reports Maggie Haberman, William K. Rashbaum and Nicole Hong in The New York Times.

“Mr. Cohen, who was released from prison in May on a medical furlough, was stunned when probation officers asked him to sign a document that would have barred him from speaking to reporters or publishing a book during the rest of his sentence, his legal adviser said.”

“Mr. Cohen, believing the agreement violated his First Amendment rights, refused to sign it, the adviser, Lanny Davis, said. Less than two hours later, federal marshals stepped out of an elevator with handcuffs and took Mr. Cohen back into custody.”

“Mr. Cohen’s return to jail was the latest twist in a case whose dizzying ups and downs have prolonged the legal woes of a man who once said he would take a bullet for Mr. Trump and later implicated the president in federal crimes.”

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Attorney Arrested for Federal Bribe, Extortion Charges

“Prosecutors contended attorney Keith Mitchell is a flight risk who should remain behind bars after he eluded authorities for more than 24 hours and potentially obstructed justice when he called four Toledo city councilmen after learning he and they were the targets of a federal bribery and corruption probe,” reports Allison Dunn in The Blade.

“Mr. Mitchell told a federal judge he thought the call he received Tuesday morning by an FBI agent informing him of his pending criminal charges was nothing more than a prank, hence his refusal to disclose his location during the call — and his subsequent contact with his four co-defendants.”

“But the call, it turned out, was no prank. And even though U.S. District Court Judge Jeffrey Helmick on Wednesday declined prosecutors’ request and released Mr. Mitchell from custody, the long-time lawyer with deep community ties nows joins city councilmen Yvonne Harper, Tyronne Riley, Larry Sykes, and Gary Johnson, in a precarious position: free on bond, but very much under scrutiny as the federal government embarks on what could be the largest public corruption prosecution in northwest Ohio history.”

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Morristown Lawyer Charged in Mt. Arlington Corruption Probe

“A Morristown lawyer lied about making campaign contributions to Mount Arlington officials in 2016, a year before her firm was awarded a ‘lucrative contract’ with the borough, according to law enforcement officials,” reports Fred J. Aun in Tap into Roxbury’s Law & Justice.

“The lawyer, Elizabeth Valandingham, 47, of Morristown, now faces up to 10 years in prison and fines of up to $150,000 if convicted, said the state Attorney General’s Office on Friday.”

“Mount Arlington required that Valandingham certify her law firm ‘made no reportable political contributions in the year preceding the award of the contract.’ Valandingham made that certification and the borough subsequently ‘awarded the firm a lucrative contract, earning the firm in excess of $470,000.”

“The charges allege Valandingham actually donated $7,500 to Mount Arlington officials in 2016 and used ‘straw donors’ to do so surreptitiously.”

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N.J. Corruption Scheme Involving Pay-to-Play Contracts Leads to Charges Against Law Firm Partner

“The law partner of the tax attorney believed to be a cooperating witness in a sweeping New Jersey pay-to-play corruption investigation has been charged with lying about thousands in political contributions made to secure lucrative municipal contracts,” reports Ted Sherman in NJ.com’s Politics.

“Elizabeth Valandingham, 47, was accused by the state Attorney General’s office of falsely claiming that her firm had not made any reportable contributions to candidates in two towns where the firm had been vying to provide legal services — when in fact it had.”

“Valandingham was a partner of Matthew O’Donnell, the Morristown tax attorney who reportedly served as an undercover informant in the wide-ranging state sting that led to charges in December against five people, including elected and former officials and political candidates. They were accused of taking tens of thousands in bribes disguised as campaign contributions in return for steering legal work to a law firm that multiple sources have said was O’Donnell McCord.”

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Paralegal for U.S. Attorney Tipped Off Drug Cartel, Prosecutors Say

“Jennifer Loya, 30, helped a drug network in San Antonio stay a step ahead of drug enforcement agents through her access to information as a federal employee, according to court documents,” reports Christine Hauser in The New York Times.

“A paralegal in the San Antonio headquarters of the U.S. attorney for the Western District of Texas is accused of using her access to help a notorious drug cartel evade the authorities.”

“Just before they were raided by federal agents, drug dealers in San Antonio affiliated with a Mexican cartel moved their stockpiles of heroin, methamphetamine and cocaine. A paralegal in the federal prosecutor’s office tipped them off, the authorities said.”

“Court filings in Texas describe a career path that took Jennifer Loya, 30, from a low-level post in the U.S. Attorney’s Office in San Antonio to a promotion in February to paralegal, a position that prosecutors said she turned into an inside job helping a network of Cartel del Noreste associates stay a step ahead of the authorities.”

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Texas Courts Hit by Ransomware Attack

“Texas courts shut down websites and disabled servers late last week in response to a ransomware attack, the Office of Court Administration announced Monday,” reports Dave Boucher in The Dallas Morning News’ Courts.

System administrators discovered early Friday that hackers had taken over at least a portion of the statewide court network and demanded some form of ransom in return for restoring control. In a statement, the administration said the attack began “in the overnight hours” the same day it was discovered.

The state did not specify what exactly hackers requested or how they gained access to the system, and a spokeswoman did not return a phone call seeking comment. The court system is working with state law enforcement to investigate the breach and vowed not to pay any ransom.

The administration runs the information technology services for Texas appellate courts and state judicial agencies, including the Texas courts website.

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Former FBI Agent Arrested in Lafayette in Bribery Case

“A retired FBI agent arrested Friday near his home in Lafayette accepted more than more than $200,000 in cash bribes and gifts in exchange for funneling sensitive information to Armenian organized crime,” reports Bay City News.

“Babak Broumand, who retired from the FBI last year after 20 years as a special agent, was arrested by special agents with the FBI and Department of Justice Office of the Inspector General.”

“Broumand was charged in a criminal complaint Tuesday in United States District Court in Los Angeles, with one count of conspiracy to commit bribery of a public official.”

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Ann Arbor Council Votes 10-1 to Increase Legal Contract in Gelman Case to $592,500

“Ann Arbor officials this week again delayed voting on a resolution to seek a federal Superfund cleanup of the Gelman dioxane plume,” reports Ryan Stanton in mlive’s Ann Arbor.

“City Council voted unanimously Tuesday morning, April 21, to postpone the matter until July 6, while city officials wait to see how legal negotiations with polluter Gelman Sciences play out in Washtenaw County Circuit Court.”

“Council also voted 10-1 to approve a fifth amendment to the city’s legal services agreement with Bodman PLC, which is representing the city in litigation against the polluter.”

“The contract is being increased by another $92,500, adding to $500,000 previously approved.”

“’The amount of time spent on recent negotiations, including the exchanges of drafts, court conferences, and providing advice as needed, has been more time consuming than anticipated,’ Assistant City Attorney Abigail Elias wrote in a memo.”

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Lawyers Get Ready for First-Ever Supreme Court Oral Arguments by Phone

“The Supreme Court’s announcement this week that it will hold oral arguments via teleconference for the first time in its history has a small group of America’s top attorneys prepping for the most important phone calls of their careers,” writes Tucker Higgins in CNBC’s Politics.

“The court said that it will hear 10 arguments over the first two weeks in May, including blockbuster disputes over the Electoral College and whether President Donald Trump can keep his tax records shielded from investigators. ”

“The issues are weighty, whether they are discussed in a basement office over a cell phone or inside the Supreme Court’s historical Corinthian building. But lawyers who will be arguing before the court are still adjusting.”

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Chinese Government Sued in Multiple Class Actions by U.S. Citizens and Businesses

“An initial wave of three class actions stemming from COVID-19 were filed against the Chinese government this past week. Each action claims the Chinese government is liable for injuries and damages in the United States caused by the virus. Other suits no doubt will follow,” discusses Simren K. Gill  in Bryan Cave Leighton Paisner’s Insights.

“The first suit, Logan Alters, et al. v. People’s Republic of China, et al., Case No. 1:20-cv-21108-UU, filed in the United States District Court for the Southern District of Florida, in Miami, asserts claims for negligence, negligent and intentional infliction of emotional distress, strict liability for ultra-hazardous activity, and public nuisance against the People’s Republic of China (“PRC”) and its National Health Commission, Ministry of Emergency Management, and Ministry of Civil Affairs, as well as the People’s Governments of Hubei Province and Wuhan City, where the virus allegedly originated. Plaintiffs seek to certify national and Florida “non-commercial tort” and “commercial” classes consisting of all persons and legal entities who suffered injury, damage and loss related to the COVID-19 outbreak.”

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City Of Ferguson Hit With $1.7 Million Settlement For Municipal Court Abuses

“A St. Louis County Circuit judge has given preliminary approval to a nearly $1.7 million settlement on a class-action lawsuit. It affects about 10,000 people who were charged fees for the issuance of warrants or for failing to appear for a municipal court date in Ferguson, said Michael-John Voss, co-founder and special projects director with ArchCity Defenders,” reports The St. Louis American.

“These municipal court abuses were at the heart of the Ferguson uprising, which began after the killing of Michael Brown in August of 2014 and continued for about two years. Roelif Carter, a 62-year-old disabled military veteran, who depends on disability payment and food stamps, filed the case represented by ArchCity Defenders, the Saint Louis University School of Law Legal Clinics, and the Campbell Law Firm.”

“The city did not admit wrongdoing in the settlement. The American reached out to the city’s attorney for comment and is awaiting a response.”

“Circuit Judge Joseph Dueker has approved a settlement of $1,699,405 to be distributed among Roelif and 10,000 person class, as a partial return for the exploitative warrant and failure to appear fees they were charged by Ferguson’s municipal court between 2009 through the present. The parties have valued the total settlement being worth more than $5 million — a value that reflects the additional amount Ferguson would have continued to collect from 2014 through 2022 if it had not stopped charging the improper fees, attorneys said. The class of people who paid the fees will get 80 percent of what they paid back in a refund if they file a claim.”

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Department of Justice Uses Travel Act to Prosecute Health Care Fraud

“In April 2019, a federal jury found seven defendants associated with the Forest Park Medical Center (FPMC) in Dallas, Texas guilty on charges of conspiring to pay or receive health care bribes. The defendants in United States v. Beauchamp were convicted of collecting over $200 million dollars in a kickback scheme under which doctors were paid to refer patients to FPMC,” reports Alan J. Bozer and Joshua Glasgow in Phillips Lytle’s articles.

“Prosecution of this case was in many ways unsurprising. In 2018 alone, the federal government prosecuted more than 30 health care fraud cases yielding over $2.5 billion dollars in settlements and fines. The Beauchamp case is notable, however, because of the particular charges filed by the Department of Justice (DOJ).”

“In addition to alleging violations of the Anti-Kickback Statute … the government charged several defendants with violating the Travel Act of 1961 … an anti-racketeering statute that is rarely used in health care fraud cases. This novel use of the Travel Act may foreshadow a new government enforcement strategy that could broaden the scope of liability for uninformed physicians and health care administrators across the United States.”

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