New Jersey Archives - Brian Silber Law

German Citizen Charged in New Jersey for Involvement in Plot to Defraud Elderly Victims of Over $10 Million

July 27, 2020 By Brian Silber

A German man has been indicted in New Jersey for his alleged involvement in a massive mail fraud scheme targeting elderly and vulnerable victims with fraudulent solicitations from psychics.

The indictment charges Georg Ingenbleek, 54, of Germany with four counts of money laundering, two counts of mail fraud, and one count of obstruction of justice. It is unclear if he has acquired legal representation.

According to the indictment, Ingenbleek used a Switzerland-based company called Regency Direct Marketing AG for his mass mailing campaigns. From 2011 to 2016, he allegedly created and sent out several mail solicitations that were supposedly from famous psychics. The letters claimed the recipients had been the subject of specific visions by the psychics, including visions of them receiving large sums of money and good fortune.

The indictment claims the letters were actually mass-produced using information Ingenbleek provided to an unnamed direct mail marketing services company in Piscataway, New Jersey, which he hired to print and mail the letters on his behalf.

The letters falsely promised that the psychic services offered were free of charge. However, Ingenbleek reportedly directed a second company to send billing notices to the same recipients, which stated that they owed money for psychic services. The notices were labeled as “invoices” and “collection notices” in order to make the victims believe they owed late payment fees. They falsely stated the victim would be referred to a “collection agency” and face legal action if they did not send payment, usually between $20 to $50. Ingenbleek was able to obtain more than $10 million from the victims through this mailing campaign, the indictment claims.

In response to federal investigations into the alleged scheme, Ingenbleek allegedly directed representatives at the two New Jersey companies he used to send the mail and invoices to destroy all materials related to the campaign.

“You cannot wait! I advise you urgently to get rid of the material! Use your own car, rent a truck, start today, work all weekend,” read one of the emails, dated September 23, 2016, that Ingenbleek sent to a representative of the invoicing company.

If convicted, Ingenbleek faces a maximum penalty of up to 20 years in prison and a $250,000 fine for each count of mail fraud and obstruction. The money laundering counts each carry a maximum potential penalty of 20 years in prison and a $500,000 fine. The U.S. Attorney’s Office noted that the charges and allegations in the indictment are merely accusations, and Ingenbleek is presumed innocent until proven guilty in a court of law.

Defending against fraud charges is not easy, which is why it is imperative for a defendant to hire a competent defense attorney who has tried and tested ways of handling such cases. Given how severe the penalties for mail fraud, obstruction, and money laundering are, a defendant will need an experienced attorney who can properly analyze the evidence and produce a realistic assessment of the defendant’s chances of winning at trial.

South Florida Fraud Defense Attorney

Are you accused of committing financial crimes in South Florida? Contact Brian Silber, P.A. to set up a free initial consultation and work with one of South Florida’s most experienced fraud defense attorneys.

Source: 7.23.20 German citizen charged with orchestrating mail fraud scheme defrauding elderly victims.pdf

Three Individuals Charged in New Jersey for Alleged Involvement in $6 Million Health Care Fraud Conspiracy

June 26, 2020 By Brian Silber

Three individuals were indicted in New Jersey on Thursday for their alleged involvement in a $6 million prescription fraud scheme that targeted state healthcare plans in South Jersey.

The U.S. Attorney’s Office for the District of New Jersey announced a 33-count indictment against Dr. Brian Sokalsky, 42, of Margate; Vincent Tornari, 46, of Linwood; and Ashley Lyons-Valenti, 63, of Swedesboro, for their role in conspiracy schemes to receive kickback payments for medically unnecessary compounded medications. It is unclear if they have acquired legal representation.

Sokalsky and Tornari were charged with multiple counts of conspiracy to commit health care fraud and wire fraud. Lyons-Valenti was charged with wire fraud and five counts of making false statements. She was additionally charged with obstruction of justice for allegedly tampering with a federal grand jury witness. A fourth conspirator, Dr. Michael Goldis of Stratford, pleaded guilty to four counts of making false statements for writing fraudulent prescriptions for patients he never met.

According to the indictment, the defendants are accused of recruiting patients in New Jersey to obtain expensive and medically unnecessary compounded medications from pharmacies in Louisiana and Pennsylvania. Compounded drugs are non-FDA-approved specialty medications mixed by a pharmacist to meet the specific needs of a patient.

The alleged fraud scheme centered on billing state and local government employees—police officers, firefighters, state troopers, teachers—covered by the state health benefits program for compounded drugs. The conspirators purportedly discovered that certain compound medication prescriptions, such as vitamin combinations and creams for pain, scars, and libido, were reimbursed for thousands of dollars for just a one-month supply.

Sokalsky reportedly had an arrangement with Matthew Tedesco of Northfield, who is awaiting sentencing after pleading guilty to conspiracy to commit health care fraud. Tedesco allegedly sent new patients to Sokalsky’s medical practice. Sokalsky would then prescribe them compounded drugs from the Louisiana pharmacy. The state paid the pharmacy over $5 million for compounded medications he prescribed, according to the indictment. Sokalsky profited by billing insurance for over 30 new patients, while Tedesco received a percentage of the money the pharmacy received for the prescriptions, sources indicate.

Sokalsky and Tornari had a similar arrangement with the Pennsylvania pharmacy, officials allege. The indictment claims Tornari received 50 percent of the insurance payments the pharmacy got for prescriptions Sokalsky wrote. He hired an individual identified as Mark Bruno to find patients who would agree to receiving medication from the pharmacy in exchange for cash payments. Bruno sent the patients to Sokalsky, who gave them prescriptions for drugs they didn’t need, sometimes without even seeing them. The prescriptions cost insurers over $500,000, according to officials.

The third scheme involved Tornari and Lyon-Valenti. Tornari allegedly hired Lyon-Valenti’s boyfriend to find him patients and paid him commissions for each prescription Lyon-Valenti wrote for the Pennsylvania pharmacy. Lyons-Valenti allegedly received half of the commission payments her boyfriend received from Tornari.

Lyon-Valenti is also accused of persuading individuals who work at her medical office to receive prescription medications from the Pennsylvania pharmacy that they did not need, often without performing a medical examination or recording the prescriptions in their medical records, officials said. The scheme cost insurance companies over $1.25 million. Lyons-Valenti received over $90,000 in kickbacks.

Lyons-Valenti was additionally charged with witness tampering for allegedly making false and misleading statements to a co-worker who was a witness in the investigation. She called and texted the witness before and after they spoke to the FBI, and before the witness was scheduled to testify in court, sources indicate.

In total, the three defendants allegedly defrauded the state health benefits program and other insurers out of more than $6 million by prescribing compound drugs.

Anyone under investigation for health care fraud should immediately consult an attorney. A good attorney can quickly come up with a defense strategy that will resolve the matter with minimal penalties.

South Florida Fraud Attorney

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

Source: 6.25.20 three individuals charged in $6 million health care fraud conspiracy.pdf

New Jersey Labor Union Wants Workers Infected with COVID-19 to Get Compensation Without Proving They Caught It at Work

April 9, 2020 By Brian Silber

A New Jersey labor union is calling for legislators to amend the state’s workers’ compensation laws in order to make it easier for essential workers exposed to the coronavirus while on the job to make claims.

Under the current rules, employees who want to claim workers’ compensation must show they suffered a job-related injury or illness. The New Jersey AFL-CIO is arguing that since COVID-19 is far-reaching and can be spread easily, it can be hard to clearly trace it back to someone’s workplace.

“As much as we appreciate seeing the nightly news clips of cheering neighbors welcoming home first responders after a grueling day’s work at health care facilities treating coronavirus victims, more must be done to ensure the values we put on display are indeed embraced by our elected officials,” said Charles Wowkanech, president of the New Jersey AFL-CIO.

The union is calling on lawmakers to pass a bill that would take the onus of proving a workplace infection from essential workers and presume infected workers contracted the virus at their workplace.

“Our members have provided an unprecedented response to the need of the need of the public, and it’s critical that our lawmakers don’t forget these workers’ own needs as well,” Wowkanech said.

Some states, including Minnesota, Missouri, and Florida, have already signed legislation guaranteeing workers’ compensation benefits for frontline workers who contract the disease.

Florida started processing claims from essential workers in March. That state’s Chief Financial Officer Jimmy Patronis ordered the Division of Risk Management to review claims submitted by workers who are “required to interact with potentially infected individuals.”

Workers who are eligible include healthcare workers, law enforcement, firefighters, paramedics, correctional officers, national guardsmen, and child safety workers. Patronis’ order doesn’t extend to other essential workers whose jobs increase their risk of exposure to the coronavirus, such as grocery store employees, waiters, delivery drivers, and office workers.

What would this mean for employers in Florida?

Florida’s workers’ comp rates have declined for three consecutive years now, making them among the lowest in the nation. However, experts are warning employers to be prepared for skyrocketing premiums in the coming months.

Michael Duff, a workers’ compensation professor at the University of Wyoming, told Bloomberg News that premiums are likely to go up because an anticipated increase in claims will coincide with a big decline in payroll payments. The effect will likely be magnified if the requirements for filing claims are extended to make COVID-19 a compensable disease.

Employers should alter some of their policies in anticipation of workers’ comp claims for COVID-19. Some changes include being flexible with sick leave policies to encourage workers who are sick to stay at home, offering telecommuting options, and limiting non-essential travel.

This is completely new territory, and until the virus dies out, it will be difficult to quantify what kind of effect policy changes to workers’ comp laws made in reaction to the coronavirus pandemic will have on businesses.

Fort Lauderdale Workers’ Comp Fraud Defense Attorney

Is your business accused of workers’ compensation fraud? Contact Brian Silber, P.A. to set up a free initial consultation with one of South Florida’s most experienced workers’ compensation fraud defense attorneys.

Source: 4.8.20 let employees get workers comp for COVID-19 without proving they got it on the job.pdf

Using Civil Asset Forfeiture, New Jersey Police Seized $5.5 Million in Five Months

December 27, 2018 By Brian Silber

In just five months in 2016, police in New Jersey seized over $5.5 million in cash and property from individuals using civil asset forfeiture. This is according to a report published by the American Civil Liberties Union of New Jersey. The report also found that there is almost no oversight on civil forfeiture in the state.

The seizures included houses, electronics, clothes, a massage table, and baseball cards, not to mention the hundreds of vehicles also taken. Civil asset forfeiture is a legal process where law enforcement is allowed to take the property of citizens if that property is suspected of being involved in a crime. In most states, a criminal conviction is not required for property to be taken.

In New Jersey, law enforcement gets to keep 100% of the proceeds from these forfeitures. If the state attorney general’s office brings a case of civil asset forfeiture, it keeps 95% of the money. The remaining 5% is deposited in the state’s Hepatitis Inoculation Fund. Law enforcement agencies use the proceeds of forfeitures to fund their operations, including buying essential equipment.

In criminal cases, the standard of proof is “beyond a reasonable doubt.” In civil asset forfeiture, however, that standard of proof is considerably lower, requiring prosecutors to show the property’s link to a crime with only “a preponderance of the evidence.”

According to Liza Weisberg, an attorney at ACLU-NJ, “That incentivizes them [law enforcement] to take as much as possible, especially from folks who are least able to fight back.”

To get property back, property owners have to take the government to court. In many instances, people don’t challenge the seizure in court and therefore lose their property by default.

“It’s not because they don’t have winning cases,” explained Weisberg. The ACLU found that 97 percent of the time people did not challenge the seizures in court. This is the case even if they were not charged with a crime. “It’s because, in virtually every single case, the value of the thing that the police officers took away is usually less than the cost of getting into the courtroom to try to get it back.”

According to the report, people of color and areas of low income are disproportionately affected when it comes to civil forfeiture. “Black people,” according to the ACLU’s analysis, “were arrested for low-level offenses at a rate 9.6 times higher than that of white people.” As well as it being more likely that their property will be taken, people in low-income communities are less likely to be able to afford a lawyer to get their property back. Unlike in criminal cases, there is no right to counsel in a civil case.

Local law enforcement agencies are required to report their seizures to the attorney general. This information, however, is not made published.

“No government agency—not even one as honorable and vital to civil society as law enforcement—should be able to generate revenue through the forcible seizure of property in near total secrecy,” said Jason Sneed of the Heritage Foundation.

Chris Christie, the outgoing governor, vetoed a measure requiring greater transparency in civil asset forfeitures. This would “hamper ongoing law enforcement operations,” he said.

Civil Asset Forfeiture Attorney

If your lawful property has been seized, then you should hire a lawyer. Contact us to set up a free initial consultation and work with one of Florida’s most experienced civil forfeiture defense attorneys.

Source

2018-12-12 NJ Police Seize Millions in Cash from Residents with Little Oversight

2018-12-12 Seized – Police Lax in Reporting Asset Forfeiture

West Virginia Police Seize $10,000 From Couple

August 28, 2018 By Brian Silber

On June 9, Dimitrios Patlias was driving through West Virginia on his way to Jefferson County’s Hollywood Casino. Traveling with him was his wife, Tonya Smith, who at the time was eight months pregnant. They were pulled over by a highway patrol officer who said Dimitrios had failed to stay in his lane.

The officer accused them of smuggling cigarettes or even of having drugs in the car. When he found cash worth $10478 in the vehicle together with 78 rewards and gift cards, the officer accused them of gift card fraud. However, the officer found no evidence of wrongdoing. He issued Dimitrios a warning and let them go. Despite this, the officer took their cash, gift cards, and Dimitrios’ phone. Dimitrios and Tonya returned home to Egg Harbor, New Jersey with only $2. They had not been charged with any crime.

The officer was able to seize Dimitrios and Tonya’s property using a procedure known as civil asset forfeiture. This is where law enforcement officials are able to seize property or money they believe to have been involved in a crime. In most states, criminal charges do not need to be filed, and no criminal conviction is necessary.

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