Scam Generated More Than $200,000 Meant for Special-Needs
Students
WASHINGTON
– The owner of a tutoring and mentoring business and a former employee of the
District of Columbia Public Schools pled guilty today to federal charges for
their roles in a scheme to fraudulently bill the school system more than
$200,000 for services that they falsely claimed had been provided to students
with special needs.
The
guilty pleas were announced by U.S. Attorney Jessie K. Liu, Nancy McNamara,
Assistant Director in Charge of the FBI’s Washington Field Office, and
Inspector General Daniel W. Lucas of the District of Columbia.
John A.
Faulkner, Jr., 40, the business owner, and Isaiah Johnson, 38, the former D.C.
Public Schools employee, each pled guilty in the U.S. District Court for the
District of Columbia to charges of mail fraud and identity theft. Mail fraud
carries a statutory maximum of 20 years in prison and identity theft carries up
to 15 years. Both charges also carry potential financial penalties. Under
federal sentencing guidelines, each defendant faces an estimated range of 33 to
41 months in prison and fines of up to $75,000. They also must pay a total of
$217,366 in restitution to the District of Columbia Schools. Faulkner also has
agreed to pay $142,866 in a forfeiture money judgment, and Johnson has agreed
to pay $74,500 in a forfeiture money judgment. The Honorable Rudolph Contreras
scheduled sentencing for Sept. 11, 2018.
Faulkner
and Johnson, both of Baltimore, were indicted on Sept. 14, 2017, and remain
free on personal recognizance pending their sentencing hearing.
According
to a statement of offense submitted at the time of the pleas, the men carried
out a scheme from at least July of 2012 through at least July of 2014 involving
fraudulent invoices submitted to the District of Columbia Public Schools (DCPS)
for services purportedly performed under the Compensatory Education Program.
The
Compensatory Education Program awards services to eligible students to assist
with their educational needs and development. Students awarded compensatory
education services have learning, mental, and/or behavioral disabilities that
create an educational barrier that prevents them from reaping the full benefits
of education. Services consist of tutoring, individualized education,
monitoring, speech therapy, occupational therapy, and behavioral and
psychological analysis. Once DCPS approves specific services, parents or
guardians receive letters specifying the services that can be provided. They
also receive a list of independent providers, or vendors.
According
to the statement of offense, Faulkner owned a company that in 2011 became
eligible to be paid by DCPS as a vendor for tutoring and mentoring services.
Johnson was a DCPS compliance case manager who was responsible for notifying
parents or guardians, via letters, that their children were entitled to obtain
the services of the independent providers. In that role, according to the
indictment, Johnson had access to students’ names as well as compensatory
education letters and the forms used to create those letters.
Faulkner
and Johnson created or caused to be created false and fraudulent timesheets
purporting to reflect compensatory education services provided to students that
had, in fact, not been performed. These documents included the names and, in
some instances, the signatures of individuals who purportedly provided
services, the DCPS students and the students’ parents or guardians. Faulkner
and Johnson admitted that they and others used these means of identification
without the knowledge or permission of the individuals. Faulkner attached these
timesheets to invoices to DCPS. He received payments and distributed a portion
of the proceeds to Johnson.
DCPS sent
at least $217,366 in payments for services that never were performed.
In
announcing the pleas, U.S. Attorney Liu, Assistant Director in Charge McNamara
and Inspector General Lucas commended the work of those who investigated the
case from the FBI’s Washington Field Office and the District of Columbia Office
of the Inspector General They also acknowledged the efforts of those who worked
on the case from the U.S. Attorney’s Office, including Assistant U.S. Attorney
Diane Lucas; former Assistant U.S.
Attorney Teresa A. Howie; Supervisory Paralegal Specialist Tasha Harris,
Paralegal Specialists Kristy Penny and Joshua Fein, and former Paralegal
Specialist Jessica Mundi. Finally, they
commended the work of Assistant U.S. Attorneys Peter C. Lallas and Adrienne
Dedjinou, who investigated and prosecuted the case.
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