NY AG says investigation into Trump and his business found ‘significant evidence’ suggesting fraud

New York Legal professional Basic Letitia James disclosed new specifics Tuesday night time about her civil investigation into former President Donald Trump’s business enterprise, declaring the probe has uncovered proof suggesting the fraudulent valuing of many property and misrepresentations of those people values to economical establishments for financial advantage.

James, who launched her probe in 2019, also said in the courtroom filing that the previous president “had greatest authority over a broad swath of perform by the Trump Organization involving misstatements to counterparties, together with monetary establishments, and the Internal Revenue Provider.”

She even more referenced two of the former president’s adult young children, Donald Trump Jr. and Ivanka Trump.

“Since 2017, Donald Trump, Jr. has had authority about numerous economic statements made up of deceptive asset valuations,” James wrote in the court docket filing.

Ivanka Trump, a former White Home adviser, “was a main get in touch with for the Trump Organization’s premier loan company, Deutsche Financial institution. In link with this function, Ms. Trump brought on deceptive economic statements to be submitted to Deutsche Lender and the federal authorities,” James wrote.

“Thus significantly in our investigation, we have uncovered significant proof that implies Donald J. Trump and the Trump Organization falsely and fraudulently valued multiple belongings and misrepresented these values to money establishments for financial benefit,” James claimed in a assertion Tuesday. “The Trumps must comply with our lawful subpoenas for documents and testimony since no one in this region can pick and pick out if and how the legislation applies to them.”

Her business office extra that it “has not nonetheless arrived at a final final decision about regardless of whether this proof merits legal motion.”

James is conducting a civil investigation into whether or not the Trump Organization dedicated fraud in reporting the benefit of selected homes to banks and tax authorities.

Tuesday’s filing is in reaction to legal initiatives by the previous president to quash a series of subpoenas towards him, Donald Trump Jr., and Ivanka Trump. James is looking for an purchase to compel all a few to appear for sworn testimony.

The filing states there have been complications with valuations in statements that have not been stated by the Trump Organization.

“In light of the pervasive and repeated character of the misstatements and omissions, it appears that the valuations in the Statements were frequently inflated as aspect of a pattern to propose that Mr. Trump’s web worthy of was bigger than it normally would have appeared,” James wrote.

In financial statements, the value of the former president’s New York City condominium in Trump Tower was centered on an assertion that the space was 30,000 sq. toes when documents display the condominium was 10,996 square feet, the lawyer general’s business office mentioned.

Previous Trump Organization Chief Economical Officer Allen Weisselberg conceded in a deposition that that resulted in an overstatement of all-around $200 million, the submitting said.

James’ place of work also said evidence implies the price of land donations in Los Angeles and Westchester County, New York, were being overstated, ensuing in quite a few million dollars in deductions.

NBC Information has reached out to the Trump Business for remark on the allegations in opposition to the firm, Donald Trump Jr. and Ivanka Trump. Lawyers for Donald Trump Jr., Ivanka Trump and the former president did not straight away answer to right away requests for comment.

The condition legal professional typical is assisting a different Manhattan district attorney legal investigation into allegations of tax fraud techniques at Trump’s company.

For the reason that of that, attorneys for Ivanka Trump, Donald Trump Jr. and their father have opposed the subpoenas from James’ business office, arguing they are improper.

The point out legal professional basic “is engaged in a prison investigation that has an energetic grand jury. It simply cannot concern subpoenas for testimony under the guise of a civil investigation that will promptly develop into available” to its very own criminal investigation, the Trumps’ attorneys argued in their motion to quash the subpoenas.

Ronald Fischetti, an lawyer for Trump, explained last thirty day period: “They have been investigating this for a few years. We are not worried about it, mainly because he has carried out nothing wrong.”

Phil Helsel contributed.

U.S. Attorney Announces The Arrest Of 13 Individuals For $100 Million Healthcare Fraud, Money Laundering, And Bribery Scheme | USAO-SDNY

Damian Williams, the United States Attorney for the Southern District of New York,  Michael J. Driscoll, Assistant Director-in-Charge of the New York Office of the Federal Bureau of Investigation (“FBI”), Miriam E. Rocah, the Westchester County District Attorney, Kevin P. Bruen, Superintendent of the New York State Police (“NYSP”), and Keechant Sewell, Commissioner of the New York City Police Department (“NYPD”), announced the unsealing of two indictments charging 13 individuals – including an NYPD police officer, licensed physicians, an attorney, and others – in connection with a $100 million automobile insurance fraud scheme. 

Of the 13 defendants, eight are charged in an indictment detailing conspiracies to commit healthcare fraud, money laundering, bribery, and obstruction, making false statements to federal authorities, and aggravated identity theft.  The charges are set forth in United States v. Alexander Gulkarov, et al., 22 Cr. 20 (the “Gulkarov Indictment”), which has been assigned to U.S. District Judge Failla.  Five additional defendants are separately charged in United States v. Bradley Pierre, et al., 22 Cr. 19 (the “Pierre Indictment”), which has been assigned to U.S. District Judge Torres.

Of those defendants, ten were arrested this morning in New York and New Jersey and are scheduled to appear before U.S. Magistrate Barbara Moses in Manhattan federal court later today.  An eleventh defendant, Alexander Gulkarov, was arrested in Miami, Florida, and is scheduled to appear before a U.S. Magistrate Judge in the Southern District of Florida later today.

U.S. Attorney Damian Williams said:  “The thirteen defendants charged in today’s indictments are alleged to have collectively perpetrated one of the largest no-fault insurance frauds in history.  In carrying out their massive scheme, among other methods, they allegedly bribed 911 operators, hospital employees, and others for confidential motor vehicle accident victim information. With this information, they then endangered victims by subjecting them to unnecessary and often painful medical procedures, in order to fraudulently overbill insurance companies. Schemes exploiting no-fault insurance laws – which ironically exist to make insurance more affordable – also result in higher costs, and unfairly burden all consumers in the auto insurance market.” 

FBI Assistant Director Michael J. Driscoll said: “No-fault accident schemes, like the one alleged today, can cost insurance companies millions of dollars in payouts to doctors and clinics who provide phony or unnecessary services to unwitting accident victims. This cost is almost always passed to consumers of private insurance or subsidized programs established to help those in need. This is a dangerous game in which the penalties include federal criminal charges.”

Westchester County District Attorney Miriam E. Rocah said:  “This case is a perfect example of federal, state and local law enforcement working in partnership to investigate and take down two criminal organizations that allegedly defrauded insurance companies and exploited vulnerable individuals by subjecting them to unnecessary, harmful, and sometimes painful, medical treatments for the sake of greed and profit. We will continue to work with our law enforcement partners to hold accountable those who manipulate the insurance system on which so many people depend, especially when the alleged perpetrators are professionals who allegedly violated the oaths they took to serve and protect.” 

State Police Superintendent Kevin P. Bruen said: “These indictments are the result of years of investigative work and could not have succeeded without the collaboration between federal, state and local law enforcement.  Our investigation uncovered a large-scale, complex scheme that resulted in millions of dollars of fraudulent insurance claims. This type of fraud impacts the entire system and results in higher costs for companies and policyholders. I commend our members and our law enforcement partners for their work on this case, and we are sending a clear message that we will not tolerate fraud on any level.”

NYPD Commissioner Keechant Sewell said: “Today’s indictments reflect schemes to profit by exploiting victims’ through fraud. I commend the NYPD detectives, FBI agents and prosecutors of the United States Attorney’s Office in the Southern District of New York for their long-term efforts and cooperation in this investigation into alleged healthcare fraud, money laundering and bribery. Together, we will continue to be relentless in fighting crime that impacts the people we serve wherever, and however, it occurs.”

According to allegations contained in the Indictments[1] unsealed today in Manhattan federal court:  

Background of the Investigation

Since 2017, the U.S. Attorney’s Office for the Southern District of New York, the FBI, and the Westchester County District Attorney’s Office have been investigating several criminal organizations involved in a widespread healthcare fraud and bribery scheme that utilized the New York and New Jersey no-fault automobile insurance regime to earn millions of dollars in illegal profits.

New York and New Jersey no-fault insurance laws require a driver’s automobile insurance company to pay automobile insurance claims automatically for certain types of motor vehicle accidents, provided that the claim is legitimate, and is below a particular monetary threshold (the “No-Fault Laws”).  Pursuant to these requirements, insurance companies will often pay medical service providers directly for the treatment they provide to automobile accident victims, without the need to bill the victims themselves.  This process resolves automobile claims without apportioning blame or fault for the accident, thereby avoiding protracted disputes, and the costs associated with an extended investigation of the accident. 

The Gulkarov Indictment

The Gulkarov Indictment charges eight individuals (the “Gulkarov Conspirators”) with participating in a scheme to exploit the No-Fault Laws.  As part of the scheme, the Gulkarov Conspirators fraudulently owned and controlled more than a dozen medical professional corporations – including medical, acupuncture, and chiropractic practices – by paying licensed medical professionals to use their licenses to incorporate the professional corporations (collectively, the “Gulkarov Clinics”).  The Gulkarov Conspirators further defrauded automobile insurance companies by billing insurance companies for unnecessary, harmful, and excessive medical treatments and lying under oath to insurance company representatives.

The Gulkarov Conspirators promoted the scheme through bribery.  The Gulkarov Conspirators paid hundreds of thousands of dollars to co-conspirators (the “Runners”), who used this money to bribe 911 operators, hospital employees, and others for confidential motor vehicle accident victim information.  The Runners then used this information to contact automobile accident victims, lie to them, and induce them to seek medical treatment at, among other places, the Gulkarov Clinics.

The Gulkarov Conspirators laundered the proceeds of the fraud scheme through law firms, check-cashing entities, and shell companies, and used the money to pay for luxury cars, watches, and vacations.  Then, when certain members of the conspiracy learned that they were under federal criminal investigation, they obstructed justice by fabricating documents, lying to law enforcement, and committing perjury before a federal grand jury.

As alleged, the leaders of the Gulkarov Conspirators are non-physicians, including ALEXANDER GULKAROV, a/k/a “Little Alex,” ROMAN ISRAILOV, a/k/a “Roman Matatov,” PETER KHAIMOV, a/k/a “Peter Khaim,” and ANTHONY DIPIETRO.  ROLANDO CHUMACEIRO, a/k/a “Chuma,” and MARCELO QUIROGA are licensed medical practitioners who incorporated medical practices as part of the scheme, prescribed unnecessary and excessive medical treatments, and overbilled insurance companies under the No-Fault Laws.

The Gulkarov Indictment also includes charges against an attorney, ROBERT WISNICKI, Esq., who is the founding partner of two New York-based law firms.  As alleged, WISNICKI laundered hundreds of thousands of dollars of illicit proceeds for the leaders of the Gulkarov Conspiracy and concealed these transfers by fabricating retainer agreements, lying to law enforcement, and committing perjury before a federal grand jury. 

 

Finally, the Gulkarov Indictment includes a charge against an NYPD police officer, ALBERT ARONOV.  As alleged, as part of the scheme, ARONOV logged into NYPD computers during off-hours and searched for confidential motor vehicle accident reports on the NYPD’s servers.  ARONOV then took photos of the reports using a pre-paid “burner” phone and transmitted the photos to the leaders of the Gulkarov Conspiracy using an encrypted messaging application.  The leaders then used the confidential information contained in these reports to contact the motor vehicle accident victims, lie to them, and steer them to the Gulkarov Clinics for medical treatment.  When later questioned by federal agents, ARONOV lied about his involvement in accessing and disseminating the confidential motor vehicle accident reports.

All told, the Gulkarov Conspirators billed insurance companies for more than $30 million in fraudulent medical treatments.

The Pierre Indictment

The Pierre Indictment separately charges five additional individuals (the “Pierre Conspirators”) with participating in a second criminal scheme to exploit the No-Fault Laws.  The Pierre Conspirators fraudulently owned and controlled five medical services corporations – including medical clinics and a magnetic resonance imaging (“MRI”) center – by paying licensed medical professionals to use their licenses to incorporate the professional corporations (collectively, the “Pierre Clinics”).  The Pierre Conspirators further defrauded automobile insurance companies by billing insurance companies for unnecessary, harmful, and excessive medical treatments, falsifying clinical injuries in reports, and lying under oath to insurance company representatives.

The Pierre Conspirators promoted the scheme through bribery.  Like the Gulkarov Conspirators, the Pierre Conspirators also paid hundreds of thousands of dollars to the Runners, who used this money to pay bribes for confidential motor vehicle accident victim information.  The Runners then used this information to induce victims to seek medical treatment at, among other places, the Pierre Clinics.

The Pierre Conspirators laundered the proceeds of the fraud scheme through phony loan arrangements and shell companies.

As alleged, the leader of the Pierre Conspiracy is BRADLEY PIERRE, who is not a physician.  PIERRE conducted much of the No-Fault Scheme from his physical office located in a law firm owned by a family member (“Law Firm-2”), where, among other things, he monitored the Pierre Clinics using closed circuit TV cameras, communicated with co-conspirators using Law Firm-2’s email domain, and met with doctors in Law Firm-2’s offices.   PIERRE further openly communicated with Law Firm-2 about the scheme, for instance telling his family member, “I’m going to make sure you ALWAYS make your quota.”  Law Firm-2 paid PIERRE over $4 million in connection with the No-Fault Scheme – typically from Law Firm-2’s Interest on Lawyers Trust Accounts (“IOLA Accounts”) – while maintaining no documentation or ledgers identifying the purpose of these payments.

The Pierre Indictment further charges two licensed medical practitioners with participating in the scheme.  MARVIN MOY is a medical doctor who incorporated a medical practice as part of the scheme and agreed with PIERRE to conduct unnecessary and painful electrodiagnostic testing on patients.  WILLIAM WEINER is a doctor of osteopathic medicine who incorporated a medical imaging facility as part of the scheme and agreed with PIERRE to falsify findings of clinical injuries in MRIs in order to boost patient referrals.

Finally, the Pierre Indictment charges two individuals for conspiring with PIERRE to pay bribes in order to facilitate the scheme.  ARTHUR BOGORAZ is a paralegal and manager at a New York-based personal injury law firm (“Law Firm-1”).  Among other things, BOGORAZ and PIERRE agreed to jointly pay bribes for patient and client referrals to the Pierre Clinics and Law Firm-1.  ANDREW PRIME is a Runner who bribed 911 operators and operated an additional call center as part of the scheme.

All told, the Pierre Conspirators billed insurance companies for more than $70 million in fraudulent medical treatments.

*                *                *

The maximum potential sentences are prescribed by Congress and are provided here for informational purposes only, as the sentencing of the defendants will be determined by a judge.

Mr. Williams praised the work of the FBI, the New York State Police, the New York City Police Department, the New York City Department of Financial Services, the Westchester County District Attorney’s Office, and the National Insurance Crime Bureau.  Mr. Williams noted that the investigation is ongoing.

This case is being handled by the Office’s Complex Frauds and Cybercrime Unit, and the White Plains Division.  Assistant United States Attorneys Mathew Andrews and Louis A. Pellegrino are in charge of the prosecution.

22-007                                                                                                                                                           ###

Gulkarov Indictment

Defendant

Age

Hometown

Charges (Potential Maximum Term of Imprisonment)

ALEXANDER GULKAROV, a/k/a “Little Alex”

 

 

 

 

Healthcare fraud conspiracy, money laundering conspiracy, Travel Act conspiracy, obstruction conspiracy, aggravated identity theft

(42 years)

 

 

ROMAN ISRAILOV

 

 

 

 

Healthcare fraud conspiracy, money laundering conspiracy, Travel Act conspiracy, aggravated identity theft

(37 years)

 

PETER KHAIMOV, a/k/a “Peter Khaim”

 

 

 

 

Healthcare fraud conspiracy, money laundering conspiracy, Travel Act conspiracy, aggravated identity theft

(37 years)

 

ANTHONY DIPIETRO

 

 

Healthcare fraud conspiracy, money laundering conspiracy, Travel Act conspiracy; obstruction conspiracy

(40 years)

ROLANDO CHUMACEIRO, a/k/a “Chuma”

 

 

 

Healthcare fraud conspiracy

(10 years)

 

MARCELO QUIROGA

 

 

 

Healthcare fraud conspiracy

(10 years)

 

ROBERT WISNICKI

 

 

 

 

Money laundering conspiracy, obstruction conspiracy

(25 years)

 

ALBERT ARONOV

 

 

 

 

False statements

(5 years)

 

 

Pierre Indictment

 

BRADLEY PIERRE

 

 

 

 

Healthcare fraud conspiracy, money laundering conspiracy, Travel Act conspiracy, aggravated identity theft

(37 years)

 

MARVIN MOY

 

 

 

Healthcare fraud conspiracy, money laundering conspiracy

(30 years)

 

WILLIAM WEINER

 

 

 

 

Healthcare fraud conspiracy, money laundering conspiracy

(30 years)

 

 

ARTHUR BOGORAZ

 

 

 

 

 

Travel Act Conspiracy

(5 years)

 

 

ANDREW PRIME

 

 

 

 

Travel Act Conspiracy

(5 years)

 

 

 

 


[1] As the introductory phrase signifies, the entirety of the texts of the Indictments and the descriptions of the Indictments set forth herein constitute only allegations and every fact described should be treated as an allegation.

Elizabeth Holmes guilty of 4 counts of fraud, acquitted on 4 in Theranos trial

SAN JOSE, Calif. — Theranos founder Elizabeth Holmes was convicted Monday of four federal fraud charges of exaggerating to investors what her blood testing company’s equipment could do, how a great deal cash the enterprise could earn and how greatly the devices were getting employed.

Holmes faces a utmost of 20 decades of prison time for every charge, possible to be served concurrently. The choose will make a decision the duration at a sentencing listening to afterwards, the day of which has not been set. But as a initially-time offender, Holmes is not likely to confront the whole phrase. She could also be fined and demanded to pay out restitution to her previous investors.

Of the 11 rates, Holmes was acquitted on all that associated to defrauding people and just one depend of conspiracy. The jury remained deadlocked on three counts of defrauding traders.

In full, Holmes was located guilty of defrauding traders of much more than $140 million, which include approximately $100 million from Lakeshore Capital Administration, a fund connected to the loved ones business office of former Education and learning Secretary Betsy DeVos.

As the verdict was browse out, Holmes appeared stoic, sitting down a great deal as she had all through the training course of the demo, bolt upright and approximately motionless.

As courtroom was adjourned, Holmes went to her household. Her father, Christian Holmes, kissed her on her forehead, and she evenly touched her mom, Noel, and her husband or wife, Billy Evans. The four remaining the courthouse hand in hand and, getting no issues, walked steadfastly by the group and the cold. Holmes stays no cost on bond.

Holmes, 37, was the pressure at the rear of promoting a modernized blood examination, advertising and marketing a inexpensive finger prick that could run any commercially out there blood diagnostic on a machine about the size of a huge Personal computer at lower cost than conventional labs that just take up full rooms. But The Wall Road Journal reported in 2015 and 2016 that Theranos’ equipment were being inaccurate and that the corporation was secretly resorting to running blood exams on other companies’ machines, the pretty ones her company was intended to be disrupting.

She originally confronted 12 fraud counts, but the ninth, referring to an person patient, was dismissed throughout the demo, the final result of an error by prosecutors.

The jury used seven days heading above the proof and the fees. On the third day of deliberations, jurors requested the choose to hear to audio clips of a 2013 contact Holmes experienced with investors, which was recorded with no her know-how. Holmes informed traders that the device could perform any blood check and that the company was on keep track of to receive more than a billion pounds, and she implied that the products had been remaining used on navy medevac helicopters. None of all those statements were legitimate.

A 7 days into deliberations, the jury sent a notice that reported it was deadlocked on three fees. U.S. District Decide Edward J. Davila, at the prosecutor’s ask for, study the jurors recommendations recognised as an “Allen charge” — telling them to resume deliberations and attempt to reach a verdict on the fantastic fees.

The jury remained not able to reach a unanimous verdict, it mentioned in a different observe Monday.

Federal prosecutors have mentioned Holmes duped traders into supporting a solution she knew was faulty, significantly as Theranos began to teeter on bankruptcy.

“This is a case about fraud, about lying and cheating to get revenue,” Assistant U.S. Lawyer Robert Leach reported in opening arguments.

The government’s scenario involved textual content messages in between Holmes and her former enterprise partner and ex-boyfriend, Ramesh “Sunny” Balwani, talking about Wall Road Journal reporter John Carreyrou. The few expressed considerations above Carreyrou’s writing a negative report, with Balwani promising to “nail” the reporter.

Balwani, who faces his possess costs and a separate trial, did not communicate at Holmes’ demo.

In her own testimony, Holmes continuously explained to prosecutors that she genuinely thought the statements she designed to buyers had been legitimate.

“At the time, you had been not nervous people today would be offered an inaccurate perception?” Leach requested her.

“I was not,” Holmes reported.

Throughout cross-assessment, Holmes admitted that allegations elevated by former Theranos worker Erika Cheung — who expressed fears quite a few situations about high quality issues with the firm’s signature blood-tests devices — ended up correct.

“I positive as hell wish we dealt with her otherwise and listened to her,” Holmes explained. She then answered that she now comprehended that Cheung’s worries were suitable.

The protection tried using to paint Holmes in a extra humanizing gentle as a young visionary who built faults, countering the prosecution’s characterization of her as shrewd and calculating.

As a freshman at Stanford College, Holmes turned taken with the concept of executing blood exams on just a finger prick’s worth of blood instead of drawing it from a vein, which she explained was impressed by her fear of needles. She submitted for a patent for a wearable drug supply patch and at 19 dropped out to type a firm to try out to carry her tips to life. Holmes went on to develop into the world’s youngest feminine self-built billionaire, and her company was valued at more than $9 billion. 

Defense legal professional Kevin Downey requested Holmes to recount the early days of Theranos, as she sought advisers through the Stanford local community, produced a enterprise system, captivated expense and — she imagined — “nailed” expectations.

He requested her whether or not she at any time intended to mislead her traders.

“No,” she stated.

Bob Brockman’s competency to stand trial for tax fraud now in judge’s hands

Medical experts retained by prosecutors and defense lawyers generally agreed that Brockman likely has Parkinson’s disease. But the experts diverged on whether Brockman’s cognitive abilities are mildly impaired or have progressed to dementia.

Three prosecution experts testified that Brockman is exaggerating his symptoms, and two of them have said they believe he is competent to stand trial. Experts retained by Brockman’s lawyers, however, said they believe his impairment extends to his memory, mental processing speed, problem-solving and judgment skills and that he would struggle to understand the complex nature of the case.

A Department of Justice spokeswoman said the department generally does not comment on pending matters. Brockman’s lawyers did not respond to messages seeking comment.

Brockman, 80, was indicted in October 2020 on 39 counts, including tax evasion, wire fraud, money laundering and evidence tampering. He has pleaded not guilty and stepped down from his role as chairman and CEO of dealership management system giant Reynolds in November 2020.

Prosecutors pointed to Brockman’s continuation at the helm of Reynolds — and his seemingly strong performance during two civil depositions in 2019 answering technical business questions and recalling past events — as incongruent with a time period in which his symptoms of cognitive impairment were reported to have appeared. They contend Brockman had both the motivation and the capacity to malinger, or feign symptoms, to avoid prosecution.

Current Reynolds CEO Tommy Barras, who testified that Brockman chose him to be his successor, and former Reynolds CFO Craig Moss testified during the hearing that Brockman remained involved in important company decisions and they had no reason to doubt his cognitive abilities.

Dr. Christopher Whitlow of Wake Forest School of Medicine, a neuroradiologist retained by the defense, testified that images of Brockman’s brain, including MRI and PET scans, show a pattern that raises concerns about dementia. Whitlow testified that brain scans also show Brockman has lost brain volume, raising concerns about potential loss of cognitive function.

A second defense medical expert, Dr. Thomas Guilmette of Providence College in Rhode Island, testified that Brockman’s deposition performance two years ago could not be replicated today and that Brockman likely was able to draw on deep, retained knowledge of the topics at issue even if he was experiencing dementia at the time.