John H. Durham, United States Attorney for the District of
Connecticut, Brian C. Turner, Special Agent in Charge of the New Haven Division
of the Federal Bureau of Investigation, and Kristina O’Connell, Special Agent
in Charge of the Internal Revenue Service – Criminal Investigation in New
England, today announced that a federal grand jury in New Haven has returned a
nine-count indictment charging three Michigan residents with conspiracy and
fraud charges stemming from an alleged scheme to qualify prospective and
current federal inmates who do not require substance abuse treatment for
admission into a Federal Bureau of Prisons program that, if completed
successfully, will result in a shortened prison term.
Charged in the indictment, which was returned on January 15,
2019, are TONY TUAN PHAM, also known as “Anh Nguyen,” 49, of Grand Rapids,
Michigan; SAMUEL COPENHAVER, 47, of Grand Rapids, Michigan, and CONSTANCE
MOERLAND, 33, of Hudsonville, Michigan.
The three defendants were arrested on January 23.
According to the indictment, the Residential Drug Abuse
Program (“RDAP”) is a 500-hour substance abuse treatment program that is
administered by the Federal Bureau of Prisons (“BOP”). In order to gain admission to the RDAP, a federal
inmate must meet certain criteria, including having a diagnosable and
verifiable drug or alcohol abuse disorder.
By successfully completing the RDAP, an inmate can qualify for up to 12
months in early release from custody.
The indictment alleges that Pham, Copenhaver and Moerland
were managing partners of Michigan-based RDAP Law Consultants, LLC. The defendants solicited prospective and
current federal inmates, including individuals in Connecticut, through telephone
calls and emails with offers of assistance in applying to, and qualifying for,
the RDAP. For a fee, the defendants
coached and advised prospective and current inmates on how to gain admission to
the RDAP by lying to the BOP about the existence, duration and extent of a
qualifying substance abuse disorder.
“The indictment alleges that these defendants profited by
coaching federal inmates and prospective inmates to lie about substance abuse
issues in order to be released from prison well before each sentencing judge
intended,” said U.S. Attorney Durham.
“This is a scheme that defrauds the public by taking advantage of an
important Bureau of Prisons treatment program that exists to help rehabilitate
inmates with real addiction problems in order to prepare them for life after
prison.”
“This indictment illustrates the depths to which federal
investigators will go to uncover fraud of all types,” said FBI Special Agent in
Charge Turner. “The alleged fraudulent
methods used to defraud government programs will not be tolerated and will
continue to be vigorously investigated.”
“In this alleged RDAP scheme, the fraudsters not only
undermined the authority of the judicial system to administer fair and
impactful sentences, but they diverted vital substance abuse treatment from
inmates who really needed it,” said IRS-CI Special Agent in Charge
O’Connell. “IRS-CI’s tracing of fees
allowed investigators to uncover the breadth of this alleged fraud and we are
proud of our role in this collaborative law enforcement effort.”
The indictment charges Pham, Copenhaver and Moerland with
one count of conspiracy, an offense that carries a maximum term of imprisonment
of five years. The indictment also
charges Pham and Copenhaver with multiple counts of wire fraud, and offense
that carries a maximum term of imprisonment of 20 years on each count.
U.S. Attorney Durham stressed that an indictment is not
evidence of guilt. Charges are only
allegations, and each defendant is presumed innocent unless and until proven
guilty beyond a reasonable doubt.
This investigation is being conducted by the Federal Bureau
of Investigation and Internal Revenue Service – Criminal Investigation
Division. The case is being prosecuted
by Trial Attorney Avi Perry of the Department of Justice’s Fraud Section, who
has been designated as a Special Assistant U.S. Attorney for this matter. The prosecution in the District of
Connecticut was facilitated by significant assistance from Assistant U.S.
Attorney Meredith George Thomas of the U.S. Attorney’s Office for the Southern
District of West Virginia.
U.S. Attorney Durham thanked the U.S. Attorney’s Office for
the Western District of Michigan for its assistance in this matter.