Jacksonville Man Indicted for Operating Fraudulent Investment Scheme

JACKSONVILLE, FL—U.S. Attorney Robert E. O’Neill announces today the arrest and unsealing of a federal indictment charging Anderson Scott Hall (48, Jacksonville) with 10 counts of mail fraud and 10 counts of wire fraud in connection with his operation of a fraudulent investment scheme. If convicted, Hall faces a maximum penalty of 20 years in federal prison for each count of mail and wire fraud and fines up to $5 million. His initial appearance is scheduled today at 2:30 p.m. in Jacksonville before U.S. Magistrate Judge Thomas Morris.
According to the indictment, while working for a national investment services company, Hall operated a sham company (Abaco Securities International Ltd.), which he held out to be a legitimate international investment company. It is alleged that Hall was the mastermind behind a complex scheme to defraud numerous investors, including Duval County school teachers and administrators. Hall would allegedly induce victim investors into transferring their retirement savings from legitimate life insurance companies and investment companies over to his control. It is further alleged that instead of investing victim investors’ funds as promised, Hall would use the funds for his own personal use, including purchasing high value luxury items and commercial and residential real estate. On occasion, as part of the fraud scheme, Hall would use money taken from new investors to pay earlier investors. In total, Hall allegedly defrauded investors of more than $4 million.
An indictment is merely a formal charge that a defendant has committed a violation of the federal criminal laws, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by the Federal Bureau of Investigation and the state of Florida’s Department of Financial Services and the Florida Office of Financial Regulation. The case is being prosecuted by Assistant United States Attorney Mark Devereaux.

Florida-Based American Sleep Medicine to Pay $15.3 Million for Improperly Billing Medicare and Other Federal Health Care Programs

WASHINGTON—Florida-based American Sleep Medicine LLC has agreed to pay $15,301,341 to resolve allegations that it billed Medicare, TRICARE—the health care program for Uniformed Service members, retirees, and their families worldwide—and the Railroad Retirement Medicare Program for sleep diagnostic services that were not eligible for payment, the Justice Department announced today.
American Sleep, headquartered in Jacksonville, Florida, owns and operates 19 diagnostic sleep testing centers throughout the United States, including in Alabama, California, Delaware, Florida, Illinois, Indiana, Kansas, Kentucky, Maryland, Missouri, New Jersey, Tennessee, Texas, and Virginia. The company’s primary business is to provide testing for patients suffering from sleep disorders such as obstructive sleep apnea. The test results are used by doctors to determine the most appropriate course of treatment for patients. The most common tool used to diagnose sleep disorders, particularly sleep apnea, is a procedure called polysomnographic diagnostic sleep testing. Under federal program requirements for the reimbursement of claims submitted for sleep disorder testing, initial sleep studies must be conducted by technicians who are licensed or certified by a state or national credentialing body as sleep test technicians.
The United States contend that Medicare and TRICARE claims submitted by American Sleep during this period were false because the diagnostic testing services were performed by technicians who lacked the required credentials or certifications, when it knew this violated the law. American Sleep submitted false claims to Medicare and TRICARE between January 1, 2004 and December 31, 2011, according to the United States’ allegations.
“Medicare patients and military families deserve to be treated by appropriately credentialed professionals when seeking medical care,” said Stuart F. Delery, Principal Deputy Assistant Attorney General for the Justice Department’s Civil Division. “When companies providing those services seek to skirt the rules, there will be a steep price to pay.”
“Pursuing health care fraud is a priority of my office and the Department of Justice. We will continue to work with the Department of Health and Human Services and the public to ensure that fraudulent claims are investigated and those responsible are required to pay,” stated David J. Hale, U.S. Attorney for the Western District of Kentucky. “Medical providers who overbill Medicare defraud the taxpayers and drive up the cost of health care for us all. Recovering taxpayer dollars lost to fraud helps keep strong those critical public health care programs so many people depend on.”
“Patients seeking care from licensed professionals deserve to receive exactly what was represented, and the taxpayer-funded Medicare program expects no less,” said Derrick Jackson, Special Agent in Charge of the U.S. Department of Health and Human Services Office of Inspector General Region IV, which includes Kentucky. “The company has agreed to federal monitoring and reporting requirements designed to avoid such problems in the future.”
The allegations covered by today’s settlement were raised in a lawsuit filed against American Sleep under the qui tam, or whistleblower, provisions of the False Claims Act. United States ex rel. Daniel Purnell v. American Sleep Medicine LLC, no. 3:07-cv-12-S (Western District of Kentucky). The act allows private citizens with knowledge of fraud to bring civil actions on behalf of the United States and share in any recovery. Relator Daniel Purnell will receive $2,601,228 as part of today’s settlement.
In addition to the $15.3 million payment, American Sleep entered into a five-year Corporate Integrity Agreement with the Office of Inspector General of the Department of Health and Human Services. The agreement requires enhanced accountability and wide-ranging monitoring activities conducted by both internal and independent external reviewers.
Principal Deputy Assistant Attorney General Delery thanked the Office of the Inspector General for the Department of Health and Human Services, the Medicare Railroad Retirement Program, the Defense Criminal Investigative Service, the FBI, the U.S. Attorney’s Office for the Western District of Kentucky, and the Commercial Litigation Branch for the collaboration that resulted in today’s settlement. The claims settled by this agreement are allegations only, and there has been no determination of liability.
This resolution is part of the government’s emphasis on combating health care fraud and another step for the Health Care Fraud Prevention and Enforcement Action Team (HEAT) initiative, which was announced by Attorney General Eric Holder and Kathleen Sebelius, Secretary of the Department of Health and Human Services in May 2009. The partnership between the two departments has focused efforts to reduce and prevent Medicare and Medicaid financial fraud through enhanced cooperation. One of the most powerful tools in that effort is the False Claims Act, which the Justice Department has used to recover $10.1 billion since January 2009 in cases involving fraud against federal health care programs. The Justice Department’s total recoveries in False Claims Act cases since January 2009 are over $13.9 billion.

Florida Man Pleads Guilty to Computer Intrusion and Wiretapping Scheme Targeting Celebrities

LOS ANGELES—A Florida man pleaded guilty today to a series of cyber-related crimes relating to his hacking into the personal e-mail accounts of more than 50 individuals associated with the entertainment industry.
Christopher Chaney, 35, of Jacksonville, Florida, pleaded guilty to nine felony counts of a 28-count first superseding indictment, including unauthorized access to protected computers in furtherance of wiretapping and wire fraud, unauthorized damage to protected computers resulting in more than $5,000 loss and physical harm, and wiretapping. At the conclusion of the hearing, United States District Court Judge S. James Otero ordered Chaney taken into custody.
During the hearing, Chaney admitted that from at least November 2010 to October 2011, he hacked into the e-mail accounts of Scarlett Johansson, Mila Kunis, Renee Olstead, and others by taking the victims’ e-mail addresses, clicking on the “Forgot your password?” feature, and then re-setting the victims’ passwords by correctly answering their security questions using publicly available information he found by searching the Internet. Once Chaney gained exclusive control of the victims’ e-mail accounts, he was able to access all of their e-mail boxes. While in the accounts, Chaney also went through their contact lists to find e-mail addresses of potential new hacking targets.
In pleading guilty to the wiretapping charges, Chaney admitted that, for most victims, he also changed their e-mail account settings by inserting his alias e-mail address into the forwarding feature so that a duplicate copy of all incoming e-mails to the victims—including any attachments—would be sent virtually simultaneously to Chaney without the victims’ knowledge. Most victims did not check their account settings, so even after they regained control of their e-mail accounts, Chaney’s alias address remained in their account settings. As a result, for many victims, copies of their incoming e-mails, including attachments, were sent to Chaney for weeks or months without their knowledge, causing Chaney to receive thousands of victim e-mails. In addition, when a victim reset his/her password to regain control of the account, Chaney sometimes hacked into the account again and reset the password, sometimes multiple times, in order to continue illegally accessing that victim’s account.
Chaney admitted that as his hacking scheme became more extensive, he began using a proxy service called “Hide My IP” because he knew what he was doing was illegal and wanted to “cover his tracks” so that law enforcement agents could not trace the hacking back to his home computer. Even after his home computers were seized by law enforcement agents pursuant to a federal search warrant, but before he was arrested, Chaney used another computer to hack into another victim’s e-mail account.
Chaney further admitted that as a result of his hacking scheme, he obtained numerous private communications, private photographs, and confidential documents from the victims’ e-mail accounts. The confidential documents included business contracts, scripts, letters, driver’s license information, and Social Security information. On several occasions, after hacking into victim accounts, Chaney sent e-mails from the hacked accounts to friends of the victims, fraudulently posing as the victims to request more private photographs. Chaney downloaded many of the confidential documents and photographs he stole to his home computer, where he saved them on his hard drive in separate computer file folders. Chaney e-mailed many of the stolen photographs to others, including another hacker and two gossip websites. As a result, some of those stolen photographs, several of which were explicit, were later posted on the Internet.
“Today’s guilty pleas shine a bright light on the dark underworld of computer hacking,” said United States Attorney André Birotte, Jr., whose office prosecuted the case. “This case demonstrates that everyone, even public figures, should take precautions to shield their personal information from the hackers that inhabit that dark underworld. It also demonstrates that the Department of Justice will take whatever steps are necessary to protect Americans from harm in cyberspace.”
“Mr. Chaney’s admission to compromising victim accounts, utilizing both technically and socially engineered means, demonstrates the persistence and extent to which a hacker will go to obtain private information,” said Steven Martinez, Assistant Director in Charge of the FBI’s Los Angeles Field Office. “This case sends an important message to all users of Internet-accessible media that practicing good computer security makes us less vulnerable to this type of attack. The FBI remains committed to investigating cyber adversaries who target protected computers, whether of private citizens or the nation’s critical infrastructure.”
Each charge of unauthorized access to a protected computer carries a maximum of five years in prison, each charge of unauthorized damage to a protected computer carries a maximum charge of 10 years in prison, and each charge of wiretapping carries a maximum of five years in prison. As a result of all of today’s guilty pleas, Chaney faces a total statutory maximum sentence of 60 years in federal prison. In addition to the possible prison term, as part of his plea agreement filed in federal court, Chaney agreed to forfeit his computers and related devices seized during the investigation, to pay restitution to all of the victims for any losses they suffered, and to comply with strict restrictions regarding his future use of computers and computer-related devices. In exchange, the government agreed to dismiss the remaining counts, including nine counts of aggravated identity theft, at the time defendant is sentenced.
Chaney is scheduled to be sentenced by United States District Judge S. James Otero on July 23, 2012.
The investigation of this case was led and conducted by the Federal Bureau of Investigation.