Thursday, August 01, 2019

Former Federal Bureau of Prisons Lieutenant Sentenced to 25 Years in Prison for Sexual Abuse and Violation of Civil Rights Convictions


Defendant Sexually Abused and Attempted to Sexually Abuse Five Female Inmates at the Metropolitan Detention Center in Brooklyn

Earlier today, Eugenio Perez was sentenced before Judge Kiyo A. Matsumoto in U.S. District Court in Brooklyn, New York to 25 years’ imprisonment following his convictions on six counts of deprivation of civil rights under color of law, four counts of aggravated sexual abuse, five counts of sexual abuse in a federal prison, six counts of sexual abuse of a ward, one count of attempted sexual abuse of a ward, and one count of abusive sexual contact.  As part of his sentence, Perez is also required to register as a sex offender.  At the time of the offenses, Perez was a federal correctional officer with the rank of Lieutenant employed by the United States Bureau of Prisons (BOP) at the Metropolitan Detention Center in Brooklyn, New York (MDC).  In January 2017, he was suspended by the BOP after his arrest.  Perez was convicted after a two-week jury trial in May 2018.  

Richard P. Donoghue, United States Attorney for the Eastern District of New York, Guido Modano, Special Agent-in-Charge, United States Department of Justice Office of the Inspector General, New York Field Office (DOJ OIG), and William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), announced the sentence.

“While serving as a Lieutenant at the MDC, the defendant used force, fear and intimidation to violate his sworn duty and the civil rights of multiple female inmates in his custody through repeated sexual abuse of his victims,” stated United States Attorney Donoghue.  “Today’s sentence appropriately reflects the gravity and seriousness of the defendant’s crimes, and demonstrates our steadfast commitment to hold accountable correctional officers who abuse their positions of authority.”

“Perez abused his power and took advantage of female inmates under his control and supervision through manipulation and intimidation,” stated DOJ OIG Special Agent-in-Charge Modano.  “He betrayed his duty as an officer of the Department of Justice and used his position of authority to satisfy his own desires by victimizing inmates.  Today’s sentence shows that this kind of abuse will not be tolerated, and those who violate the civil rights of federal inmates, and disgrace the honorable profession of federal correctional officers will sternly be brought to justice.”

 “We are a society governed by law, and we expect and demand that those convicted of crimes receive humane punishment according to the law,” stated FBI Assistant Director-in-Charge Sweeney.  “Correctional officers have a truly difficult job, and most perform their duties with honor and integrity. Today’s sentencing reflects the accountability we demand of those who hold these positions of power. Sexual abuse in correctional facilities will never be tolerated by the FBI or our law enforcement partners.”

Over a three-year period between January 2013 and September 2016, Perez used his position as an officer at the MDC to engage in sexual acts and contact with five female inmates under his supervisory and disciplinary authority.  The victims, identified in the indictment as “Jane Doe #1” through “Jane Doe #5,” testified that Perez lured them into isolated locations, used physical force and intimidation to compel the victims to engage in  sexual acts with him, including oral sex, and used his authority over them to ensure that they did not report the abuse.

The government’s case is being handled by the Office’s Public Integrity Section.  Assistant United States Attorney Nadia Shihata is in charge of the prosecution.

The Defendant:

EUGENIO PEREZ
Age: 49
Brooklyn, NY

E.D.N.Y. Docket No. 17-CR-280 (KAM)

Telemarketer And His Companies Agree To Pay $2.5 Million To Settle Allegations That They Operated Telemedicine Schemes Involving Illegal Kickbacks And Unnecessary Prescriptions


United States Attorney Maria Chapa Lopez and U.S. Attorney J. Douglas Overbey for the Eastern District of Tennessee announce that Scott Roix, together with several entities through which he ran his telemarketing business, including HealthRight, LLC; Health Savings Solutions, LLC; Vici Marketing, LLC; and Vici Marketing Group, LLC (hereinafter collectively referred to as “marketing companies”), have agreed to pay $2.5 million to resolve allegations that Roix and these marketing companies violated the False Claims Act by causing the submission of false claims to federal healthcare programs in connection with telemedicine health care fraud schemes.

The government alleged that: (1) Roix and his marketing companies fraudulently obtained insurance coverage information from consumers across the country to arrange for them to receive prescription pain creams and other similar products, (2) these prescriptions were not medically necessary and did not arise from a valid doctor-patient relationship, and (3) Roix and his marketing companies sold these prescriptions to pharmacies under the guise of marketing services, and the payments solicited were based on the volume and value of the prescriptions.

“The United States Attorney’s Office is committed to protecting TRICARE and other federal health care programs from improper practices that harm our nation’s healthcare programs,” said U.S. Attorney Chapa Lopez. “Those who generate prescriptions for profit and violate the Anti-Kickback Statute will be held accountable.”

“Prescriptions and other medical services resulting from kickbacks undermine the integrity of our health care system,” said U.S. Attorney Overbey. “Telemedicine is a valuable service for our citizens, but it must not be abused. We will take action against individuals who break the law to make a profit at the expense of our federal healthcare programs and ultimately at the expense of the American taxpayer.”

“Telemarketing fraud is a major threat to the integrity of the Medicare program,” said Derrick L. Jackson, Special Agent in Charge at the U.S. Department of Health and Human Services, Office of Inspector General in Atlanta.  “Unscrupulous companies collect patient information then sell it to pharmacies and other medical providers in exchange for kickbacks.”

U.S. Postal Service Office of Inspector General Special Agent in Charge Kenneth Cleevely, Eastern Area Field Office, stated, “The U.S. Postal Service spends billions of dollars per year in workers compensation-related costs, most of which are legitimate. However, when medical providers or companies choose to flout the rules and profit illegally, special agents with the USPS OIG will work with our law enforcement partners to hold them responsible. To report fraud or other criminal activity involving the Postal Service, contact our special agents at www.uspsoig.gov or 888-USPS-OIG.”

“This settlement demonstrates the commitment of the Defense Criminal Investigative Service and our law enforcement partners to ensure that individuals do not unjustly enrich themselves by abusing the Department of Defense TRICARE program. DCIS protects the integrity of DoD programs by rooting out fraud, waste, and abuse which diverts American taxpayer dollars intended to support our Warfighters,” said Special Agent in Charge, Cyndy Bruce, Southeast Field Office.

“Today’s settlement demonstrates the commitment of the Office of Personnel Management Office of the Inspector General and our law enforcement partners at the Department of Justice to ensuring that federal health care programs, including the Federal Employees Health Benefits Program, are protected from fraud and abuse,” said Thomas W. South, the OPM Deputy Assistant Inspector General for Investigations. “I am immensely proud of the work our office has done to not only safeguard taxpayer dollars, but also protect the health and wellbeing of federal employees, annuitants, and their families.”

“This settlement emphasizes the collaborative effort by the FBI and our law enforcement partners to target those individuals who cheat the system and destroy public trust in our federally funded healthcare programs,” said Michael F. McPherson, Special Agent in Charge of the FBI Tampa Division.

The settlement resolves allegations that, beginning in September 2014, Health Savings Solutions, at the direction of Roix, received payments from Oldsmar Pharmacy that were based on the value and volume of prescriptions solicited by Health Savings Solutions in violation of the Anti-Kickback Statute, and the False Claims Act. These allegations were brought in a lawsuit filed under the qui tam, or whistleblower, provisions of the False Claims Act, which permit private parties to sue on behalf of the government for false claims, and to receive a share of any recovery.  The qui tam case against Roix and Health Savings Solutions was filed by Jennifer Silva and Jessica Robertson and is captioned: United States ex rel. Silva, et al. v. Vici Marketing, LLC, et al., Middle District of Florida (Case No. 8:15-cv-444-T-33TGW).  Ms. Silva and Ms. Robertson will receive $287,500 of the settlement.

The settlement also resolves allegations that, from June 2015 through October 2018, HealthRight, at the direction of Roix, received payments from Synergy Pharmacy that were based on the value and volume of prescriptions solicited by HealthRight on behalf of Synergy Pharmacy. These allegations were also the subject of a criminal case captioned United States v. Scott Roix, et al., Eastern District of Tennessee (Case No. 2:18-cr-133), in which Roix and HealthRight pleaded guilty in September 2018.

This investigation was a collaborative effort between the U.S. Attorneys’ Office of the Eastern District of Tennessee and the Middle District of Florida. It was handled by Assistant U.S. Attorneys Jeremy Dykes, Michael Kenneth, and Jessica Sievert, with support from HHS-OIG, OPM-OIG, USPS-OIG, DOD-DCIS, and FBI.

The claims resolved by this settlement are allegations only, and there has been no determination of liability.

Texas Deputy Sheriff Arrested For Cyberstalking Minor


Defendant allegedly met victim while playing Minecraft video game online

BOSTON – A law enforcement officer from Texas has been charged in federal court in Worcester for cyberstalking a minor female residing in Worcester County.

Pasquale T. Salas, 25, a/k/a Gino, a deputy sheriff with the Matagorda County Sheriff’s Office, was arrested in Bay City, Texas, this morning. He will appear in federal court in the Southern District of Texas tomorrow and will appear in federal court in Worcester at a later date.

According to the charging document, Salas met the victim through an online video game website in 2014, when the minor was 12 years old. Salas and the girl communicated on a private chat room and then moved those communications to various other platforms, including text messaging, Skype and Snapchat. Salas repeatedly solicited the minor to transmit sexually explicit images and videos of herself. 

Beginning as early as 2016, it is alleged that Salas intimidated the victim into maintaining contact with him and sending additional sexually explicit material by threatening that he would publish the minor’s sexually explicit images and videos to her family and her friends. As recently as May 2019, when the victim attempted to terminate contact with Salas, he repeatedly sent threatening communications to the victim, using web-based applications to disguise the source of the communications.

Members of the public who have questions, concerns, or information about this case should contact the U.S. Attorney’s Office at 617-748-3274.

The charge of cyberstalking carries a sentence of up to five years in prison, up to three years of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Andrew E. Lelling; Joseph Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; and Douglas Police Chief Nick Miglionico made the announcement today. Valuable assistance was provided by the United States Attorney’s Office for the Southern District of Texas, the Federal Bureau of Investigation, Houston Field Office, the Matagorda (Texas) County Sheriff’s Office, and the Worcester Police Department. Assistant U.S. Attorney Kristen Noto from Lelling’s Worcester Branch Office is prosecuting the case.

 The case is brought as part of Project Safe Childhood. In 2006, the Department of Justice created Project Safe Childhood, a nationwide initiative designed to protect children from exploitation and abuse. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov/.

The details contained in the charging document are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.