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Arizona House of Representatives Eliminates Bill Which Would End Civil Asset Forfeiture

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christoph-von-gellhorn-kjA82leKmJc-unsplash-300x200The Arizona House of Representatives voted down a measure which would have significantly reformed how civil asset forfeiture is legally handled in the state of Arizona. Just three years ago, reforms were made to the criminal justice system which would have been bolstered by this new bill. However, given its passage in the Arizona Senate and defeat in the Arizona House of Representatives, proponents will have to wait until the next session to get it heard and passed. It is unknown if the bill’s sponsors and supporters plan to re-introduce it at the next appropriate and available opportunity.

Civil asset forfeiture is a legal mechanism in which law enforcement – either federal, state, or local officers – can seize property which was involved in or related to the commission of a crime a person has been charged with. For example, if a person is charged with money laundering, their bank accounts can be frozen and any assets that they used in the commission of the crime, such as their computer or other means of communication. In other crimes, the assets being able to be seized by law enforcement in the name of civil asset forfeiture would necessarily be different.

For some, the surprising component of civil asset forfeiture is not that one must be proven guilty of the crime through a trial or a guilty plea, but that a charge alone is sufficient. Law enforcement can seize your car, house, funds, and other things even without a finding by any judicial arbiter that you actually committed the crime you are accused of. For some Americans, this surprising turn of events is usually only realized when they themselves are the subject of civil asset forfeiture.

In the past, Arizona law enforcement officials have claimed such broad powers in the realm of civil asset forfeiture are needed to effectively combat white collar criminals and drug kingpins who in theory have assets that total a significant amount of money or property which could be effectively deployed to stymie prosecutors and law enforcement officials by ‘outmatching’ them with resources. However, according to the Tenth Amendment Center, around three quarters, or 75% of cases, involve $10,000 or less of property under civil asset forfeiture. Once in possession of property, law enforcement is able to use the property for just about any purpose either entering it into service or selling it and keeping the profits. Unsurprisingly, this has become a revenue center for law enforcement officials and property is rarely recovered due to the time and expense involved in petitioning for its return.

While civil asset forfeiture in the Arizona legislature may be an issue tabled for another day, proponents of reform will no doubt work to help ensure that it does indeed pass. It remains to be seen if Arizona law enforcement officials will work to engage on civil asset forfeiture reform or if they will continue to stymie efforts to make it more difficult to seize assets in criminal cases.

South Florida Civil Asset Forfeiture Attorney

Has your property been seized using asset forfeiture? Contact Brian Silber, P.A. to set up a free initial consultation and work with one of South Florida’s most experienced civil asset forfeiture attorneys.

Arizona U.S. Attorney’s Office Announces Charges in Multiple Fraud Cases Related to COVID-19

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online-marketing-hIgeoQjS_iE-unsplash-300x169The U.S. Attorney’s Office for the District of Arizona unsealed three criminal complaints charging multiple individuals with health care fraud associated with the COVID-19 pandemic.

The first complaint charges Jeremiah Faber of Gold Canyon with one count of health care fraud and one count of money laundering. It is unclear if he has acquired the services of an attorney.

Faber, 45, is the CEO of Harmony Healthcare, LLC. He allegedly used his company’s social media pages to offer free COVID-19 testing if patients completed Harmony’s “Comprehensive Whole-Body Assessment.” Harmony then fraudulently submitted claims for reimbursement to Mercy Care, Arizona’s health care benefit program.

The other complaints charge six individuals associated with five Phoenix-area businesses that claimed to provide non-emergency medical transportation services in the Navajo Nation.

One complaint charges Abdul Raheem Abdul Jabbar, Abedelhalim Lawabni, and Nohad Loabneh with conspiring to commit health care fraud by falsely billing Arizona’s Health Care Cost Containment System (AHCCCS) for services they never provided. AHCCCS is Arizona’s Medicaid agency, which offers healthcare programs to low-income residents.

The trio are accused of charging AHCCCS for more than 9,000 non-emergency medical transports in April 2020 that never actually happened. The need for non-emergency medical transports dramatically decreased in April after Gov. Doug Ducey and Navajo Nation President Jonathan Nez both declared the coronavirus a public emergency, the complaint states.

Through the alleged fraud scheme the trio generated a total of more than $2.75 million in fraudulent payments from AHCCCS to their businesses. Jabbar operates Freedom AZ, LLC, while Loabneh and Lawabni operate A&N Services, according to the complaint.

The last complaint charges Husam Alsadi, Miguel Denga, and Tamarria Denga with conspiring to commit health care fraud. It alleges that Alsadi and the Dengas falsely billed AHCCCS for more than 1,500 non-emergency medical transports in April 2020. Records indicate those transports never occurred because of the COVID-19 public emergency.

Alsadi and the Dengas generated more than $450,000 in fraudulent payments from AHCCCS for their businesses. Alsadi and Miguel Denga operate Philia Homecare, LLC, and Tamarria Denga operates COS 1, LLC.

“Fraudsters are using the uncertainty around COVID-19 to line their pockets,” said Sean Kaul, Special Agent in Charge of the FBI Phoenix Field Office. “Thanks to the diligent work of Arizona’s COVID-19 Fraud Task Force, the FBI identified and dismantled fraud rings in Arizona which were trying to exploit the COVID-19 pandemic. Make no mistake, the FBI will actively pursue those seeking to fraudulently profit from the pandemic.”

All seven defendants are scheduled to make their initial court appearances in June 2020. In its press release announcing the charges, the U.S. Attorney’s Office noted that a complaint is not an inference of guilt. All named individuals are presumed innocent until proven guilty beyond a reasonable doubt.

If you or someone you care about is accused of healthcare fraud, it is crucial that you consult an experienced health care fraud attorney who can help to protect your rights and explain what legal recourse could be available in your situation.

South Florida Health Care Fraud Attorney

Have you been accused of health care fraud? Contact Brian Silber, P.A. for a free initial consultation with one of South Florida’s most experienced health care fraud attorneys.

Source: 5.27.20 US attorney’s office announces charges in fraud cases related to coronavirus.pdf

Richard Rodriguez, Miami Iron Addicts Gym Owner, Arrested for Allegedly Heading Steroid Distribution Ring

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Richard-and-Nancy-Rodriguez-225x300Richard Rodriguez, the co-owner of Miami Iron Addicts Gym, was arrested on February 22 for allegedly running an international steroid distribution ring. DEA agents raided the gym and brought Rodriguez out in handcuffs on Wednesday morning. It is unclear if he has acquired a defense attorney.

A witness told the press that gym members were reportedly herded against a wall as agents knocked down walls in the gym’s upstairs office, where the illegal distribution business was allegedly run, and seized exercise equipment.

According to the criminal complaint, the DEA received a tip in August 2015 that an online fitness store called Wellness, Fitness & Nutrition Network sold steroid injections and pills. Rodriguez is the CEO and majority owner of the Wellness, Fitness & Nutrition Network. His wife, Nancy Rodriguez, is also named in the complaint as the company’s CFO and bookkeeper.

The couple allegedly headed a nine-member ring that imported materials from China and illegally manufactured steroids in a lab in Phoenix, Arizona. They advertised and sold controlled anabolic steroids like Deca Durabolin on the website and claimed that the products are FDA-approved. The complaint said Rodriguez and his cohorts reportedly made $2.3 million from the business between 2015 and 2016.

Named members of the distribution network who have employment positions in Rodriguez’s company are Jonathan Gonzalez, Erick Vittitow, Bader Alaskari, and Bernard Duran. News sources report that Duran, 43, who works as the company’s sales representative, told an informant over the phone that Rodriguez was “paranoid” because his entire business was “illegal.”

20% of the company is allegedly owned by John Ferrell, the owner of Desert Formulations in Arizona. Ferrell purportedly bought raw steroid powder from China and repackaged it in his lab to sell on Rodriguez’s website. Agents reportedly searched the lab’s garbage and found pills that tested positive for steroids. Ferrell’s employees, Edward Jacob Liff, Xzavier Apodaca, and Byron Oliver, were also named in the complaint.

The DEA claims to have evidence that Rodriguez and Ferrell purchased steroid powder worth at least $350,000 from Chinese companies. The money was wired by a company called The Real Nutrition, which agents believe was used by Rodriguez and Ferrell to launder their profits. Agents also reportedly seized three packages of the substance addressed to Rodriguez in 2015.

Prosecutors handling the case say they bought steroids worth $30,000 from the website, and allegedly traced its operation to a logistics center in Miami and a lab in Phoenix.

Steroids are considered federally controlled substances under Florida Statute section 893. Possession of steroids without a valid prescription is a third degree felony punishable by a maximum of five years in prison. The distribution of steroids, which under Florida law can simply mean giving the drug to another person, is a second degree felony. If convicted, Rodriguez and his group could get up to 15 years in prison.

Members of Miami Iron Addicts Gym were shocked by the events of Wednesday morning. One witness told the press that “the gym’s draw is its trainers and equipment,” which attracted notable bodybuilders and a few minor Miami celebrities.

Source: 2.22.17 Rodriguez Steroid Distribution.pdf