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U.S. ATTORNEY FILES CIVIL FRAUD SUIT AGAINST LABQ AND ITS CEO FOR FRAUDULENTLY BILLING COVID-19 TESTING . $130 MILLION

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Suit Alleges That LabQ, Related COVID-19 Testing Companies, and Their CEO Fraudulently Billed the Government Uninsured Program for Tests Provided to Patients with Health Care Coverage and for Tests Paid for by Others
WPCNR FBI WIRE. From U.S. ATTORNEY’S OFFICE, SOUTHERN DISTRICT OF NEW YORK

Damian Williams, the United States Attorney for the Southern District of New York, Elysia Doherty, Assistant Special Agent in Charge of the U.S. Department of Health and Human Services, Office of Inspector General (“HHS-OIG”), and James Smith, the Assistant Director in Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), announced today that the United States has filed a Complaint against

LABQ CLINICAL DIAGNOSTICS, LLC (“LABQ”); COMMUNITY MOBILE TESTING, INC. (“CMT”); DART MEDICAL LABORATORY, INC. (“DART MEDICAL”); and their CEO, MOSHE LANDAU (collectively, the “Defendants”), alleging that the Defendants fraudulently billed the federal program that reimbursed health care providers for COVID-19 testing provided to uninsured persons (the “Uninsured Program”).

The lawsuit seeks damages and civil penalties under the False Claims Act as well as a recovery of government funds under the common law.

Prior to seeking reimbursement for COVID-19 testing services from the Uninsured Program, testing providers were required to attest to the Health Services and Resources Administration (“HRSA”), a component agency within the U.S. Department of Health and Human Services (“HHS”), that they had confirmed their patients were uninsured and that no one else would pay for the cost of the COVID-19 testing.

However, as alleged in the Complaint, the Defendants frequently knowingly submitted, or caused to be submitted, claims to the Uninsured Program for COVID-19 testing in instances when the cost of the COVID-19 testing had been (or would be) reimbursed by another source and/or the COVID-19 testing had been provided to persons who had health coverage on the relevant date of the service.

The Complaint alleges that the Defendants’ fraudulent scheme drained limited funds appropriated by Congress to cover COVID-19 testing costs for uninsured persons.

U.S. Attorney Damian Williams said: “As alleged, LabQ, CMT, Dart Medical, and their CEO, Moshe Landau, fraudulently took tens of millions of dollars from the Uninsured Program for the testing of individuals with health care coverage, and thereby depleted the funds that Congress authorized for the testing of uninsured individuals who truly needed the federal assistance.  This Office will hold accountable those who divert federal funds designed to provide critical medical care to the uninsured population of this city and nation in order to line their own pockets.”

HHS-OIG Assistant Special Agent in Charge Elysia Doherty said: “It is alleged in this case that the defendants knowingly sought reimbursements from federal funds available during the COVID-19 pandemic to which they were not entitled.  We will continue to work with our law enforcement partners to seek resolutions and effect change to preserve the integrity of the federal health care system.”

FBI Assistant Director in Charge James Smith said: “Moshe Landau, the CEO of various COVID-19 testing companies, allegedly defrauded a federal healthcare program by submitting illegitimate claims to receive unlawful reimbursements.  Collecting tens of millions of dollars in reimbursements, Landau and his companies allegedly took advantage of a government initiative that provided support and assistance to healthcare providers during a global pandemic.  The FBI is committed to ensuring that people like Landau are rightfully held accountable for their knowing attempts to deceive the government for personal gain, and for exploiting programs designed to serve vulnerable citizens.”

The following allegations are based on the Complaint filed in Manhattan federal court on June 13, 2024:

During the COVID-19 pandemic, LABQ provided COVID-19 testing for school districts and nursing homes, as well as to walk-up patients at numerous LABQ-branded vans and tents located on public streets in New York City.

LABQ and DART MEDICAL received approximately $130 million from the Uninsured Program for COVID-19 Testing.  In direct contravention of their promises and attestations to HRSA, however, the Defendants frequently submitted, or caused to be submitted, ineligible and fraudulent claims to the Uninsured Program for COVID-19 testing in instances when the cost of the COVID-19 testing had been (or would be) reimbursed by another source and/or the COVID-19 testing had been provided to persons who had health coverage on the relevant date of the service.

More specifically, the Defendants engaged in the following schemes:

LABQ, DART MEDICAL, and LANDAU double-billed the Uninsured Program and other health care programs and private institutions for the same COVID-19 testing; LABQ and CMT employees frequently told patients and customers, in sum and substance, that LABQ did not need insurance information and, in instances when LABQ possessed patient insurance information, LABQ, DART MEDICAL, and LANDAU often submitted claims (or caused claims to be submitted) to the Uninsured Program for those patients; and in clear violation of the Uninsured Program’s Terms and Conditions, LABQ, LANDAU, and DART MEDICAL, as a matter of policy, sought reimbursement (or caused others to seek reimbursement) from the Uninsured Program for COVID-19 tests provided to people with health care coverage in instances where LABQ, LANDAU, and DART MEDICAL believed that the patient’s insurer might deny LABQ or DART MEDICAL’s claim for reimbursement.

As a result of the Defendants’ fraudulent conduct, the Uninsured Program paid tens of millions of dollars to LABQ and DART MEDICAL to which they were not entitled.  Further, at LANDAU’s direction, LABQ, CMT, and DART MEDICAL disbursed a significant portion of these funds to LANDAU’s personal bank accounts.

Through these practices, the Defendants improperly obtained tens of millions of dollars from the Uninsured Program in violation of both the False Claims Act and the common law.

*                *                *

The Government intervened, in part, in two whistleblower lawsuits before U.S. District Judge Lewis J. Liman that had previously been filed under seal pursuant to the False Claims Act.

Mr. Williams thanked HHS-OIG, the FBI, HHS, and HRSA for their assistance with the case.

The case is being handled by the Office’s Civil Frauds Unit.  Assistant U.S. Attorneys Zack Bannon, Lawrence H. Fogelman, Charles S. Jacob, and Danielle J. Marryshow are in charge of the case.

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INSTANTLY ON WWW.WPCOMMUNITYMEDIA.ORG OR MONDAY AT 7 P.M. WHITE PLAINS WEEK THE JUNE 14 REPORT FIOS CHANNEL 45 & WP OPTIMUM CH 76 AND www.wpcommunitymedia.org

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ADEEL MIRZA MAILINGS  FOUND IN VIOLATION OF TWO ETHICS LAWS BY COMMITEE ON ETHICS

 

COUNTY LEGISLATORS PROPOSE INCREASING THEIR TERMS FROM 2 TO 4 YEARS

NEW YORKERS AGAINST CONGESTION PRICING HELP LEGISLATURE OUT WITH HOW TO FUND THE MTA WITHOUT CONGESTION PRICING

HOSPITALS ASK CENTER FOR DISEASE CONTROL TO END REPORTING OF COVID CASES IN HOSPITALS

THE ROWDY FORUMS.

DR. KATELYN JETELINA ON THE FAUCI CONGRESSIONAL HEARING 

JUST-INS: SUSTAINABLE WESTCHESTER/WESTCHESTER POWER GREEN ENERGY RATES, FOSSIL RATES LOWER NEXT YEAR

NEW EXECUTIVE DIRECTOR OF ARTS WESTCHESTER INTRODUCED. NEW SOLAR WIND STATION  INTRODUCED

NOTE: AFTER TONIGHT’S PROGRAM WAS PRODUCED. ADEEL MIRJA CANDIDATE FOR DISTRICT ATTORNEY WITHDREW FROM THE RACE

JOHN BAILEY AND THE NEWS

THIS WEEK EVERY WEEK

ON WHITE PLAINS WEEK

FOR 23 YEARS

 

 

 

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FLASH! ADEEL MIRZA WITHDRAWS FROM WESTCHESTER D.A. DEMOCRATIC PRIMARY. ENDORSES WAGSTAFF.

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WPCNR CAMPAIGN 2024: June 14, 2024:

Statement From Adeel Mirza On Westchester District Attorney Race

“I ran for District Attorney because, after almost two decades in the Westchester DA’s office, I had the experience to run the office, reform it, and keep families safe. Throughout this campaign, I have had the incredible opportunity to visit every corner of our county, meeting people, leaders, and activists who care deeply about our communities’ futures. I am deeply grateful for the support and encouragement from every corner of this county.  

 

The District Attorney’s office is a vital piece of that future, and whoever holds the office must be someone who holds our Democratic values – and always has. That is why, after much reflection and conversations, I have decided to stop campaigning and back William Wagstaff for District Attorney.

I have gotten to know William throughout this race, and he is kind, generous, thoughtful, and reform-minded. He will run the office with integrity and keep families safe while pursuing justice for all, regardless of race, religion, ethnicity, gender identity, or economic status. 

What we can not have is a District Attorney who has run on the Republican and a Conservative Party lines – We need a Democrat who has always been staunchly pro-choice and supports common sense gun legislation.

William Wagstaff will be a District Attorney we can be proud of, and I am asking all my supporters to vote for him.

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SATURDAY AT 7: COREY BEARAK OF NEW YORKERS AGAINST CONGESTION PRICING THE BACKGROUND OF WHAT’S WRONG WITH THE PLAN ON CONGESTION PRICING ON FIOS CH 45 AND WP OPTIMUM CH. 76 AND WWW.WPCOMMUNITYMEDIA.ORG

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JOHN BAILEY INTERVIEWS COREY BEARAK OF NEW YORKERS AGAINST CONGESTION PRICING

WHY IT IS WRONG FOR NEW YORK

ENVIRONMENTAL ISSUES

UNCONSIDERED ISSUES

ALL YOU WANTED TO KNOW ABOUT CONGESTION PRICING

AND WHAT WE STILL DO NOT KNOW AFTER YEAR

THIS INTERVIEW WAS RECORDED BEFORE GOVERNOR HOCHUL

STOPPED IMPLEMENTATION OF CONGESTION PRICING LAST WEEK

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JUNE 13– WESTCHESTER COUNTY HOLDS HEARING TO EXTEND COUNTY LEGISLATORS TERMS FROM 2 YEARS TO 4 JUNE 17

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en Español

Dear Friends and Neighbors,

We at the Board of Legislators are consistently working to find ways to be more efficient. Right now we are taking up a bipartisan proposal that would put the decision in the hands of you, the voters, to increase the number of years per term for a County Legislator from 2 years to 4 years without adjusting the previously set 12-year term limit. This proposal follows the standard set by more than half of the counties in New York that already have 4 year legislative terms.

The public hearing where the community can voice their opinions on this proposal will be held in the Westchester County Legislative Chambers at the meeting scheduled for this coming Monday, June 17th, at 7:30pm. For more information on how to speak, submit comments or watch, click here.

Changing the term length would be a tremendous step toward better addressing the needs of constituents and managing complex issues in the county and districts. Rather than perpetually campaigning, we will be able to prioritize crafting legislation, delivering resources, and shift our attention away from politics and back to the reason we were elected in the first place, to more adequately represent the needs of all Westchester residents.

Moving from a two-year term to a four-year term would also reduce the cost associated with coordinating and administering elections for taxpayers. Reducing the frequency of elections would significantly lower those costs, and would allow for those funds to go toward important issues such as public safety, infrastructure investments, and administering crucial social services.

If passed by the Board of Legislators and signed by the County Executive, the decision will be put up for a County-wide referendum for you to vote on during the November 5, 2024 general election.

Sincerely,

Ben Boykin
Ben Boykin
Legislator, 5th District

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YOUR LOCAL EPIDEMIOLOGIST ON PANDEMIC REVISIONISM AT ITS FINEST : (FACTS COUNT!)

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NEW YORKERS AGAINST CONGESTION PRICING CALL ON ALBANY TO FIX MTA WITHOUT CONGESTION PRICING. ORGANIZATION GIVES ALBANY A 5-POINT PLAN

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WPCNR THE LETTER TICKER. From New Yorkers Against Congestion Pricing. June 11, 2024:

 

 

A 5-point Plan to Save Public Transit

 

  1. Full EIS & Full Economic Study per SAPA.  There must be a full Environmental Impact Statement under applicable federal and state laws and in accord with the State Administrative Procedure Act, a complete socio-economic study that includes an analysis of the impacts on small business and job retention of congestion pricing (Central Business District Tolling Plan).

 

  1. Impose Fiscal Responsibility and Controls on MTA operations and Capital Program.  The MTA must address the loss of some $700 million in fare and toll evasion, manage unnecessary overtime, and impose strict accountability on its capital program to focus on service needs and avoid glamorous add-ons to its projects.

 

  1. End State and City General Tax Levy Defunding of the MTA.  Restore State and City General Revenue funding of the Capital Program during the Giuliani (in FY’95 NYC cut $400 million) and Pataki (In 1982-1986, the state gave $1,509 million; in 1987-1991, the state gave $879 million) administrations.  Direct governmental [capital] subsidies reached a peak of $5.2 billion in the 1987-1991 plan and then fell in each of the two subsequent plans. These subsidies accounted for 55 percent of the capital financing in the 1982-1986 plan and 64 percent in the 1987-1991 plan, but only 39 percent in the 1995-1999 plan. (NYC IBO August 1999).

 

  1. Fund MTA Capital Program the same way NYC and NYS fund their regular capital programs.  Funding for public transit should be a priority in the same manner the city and state fund schools, hospitals, senior center, roads, libraries, museums and parks.

 

  1. Since Public Transit fuels the City economy which fuels the state economy which fuels the U.S. economy, secure steady stream of capital funding from the Federal government. The federal government must come through with substantial funding for the Public transit system that fuels the economy of the city and state the fuel the national economy.

 

“The congestion pricing tax is solely about revenue and that discussion diverts attention away from correcting the malfeasance of the state and city in defunding transit (capital programs) and trying to stick us with a new bill,” stated Corey Bearak, Esq.

A member of the Steering and Legal Committee of New Yorkers Against Congestion Pricing Tax and the architect of this plan to correct the gross DISINVESTMENT in the MTA capital plan by the state and city after both ceased routine funding of the plan in the 80s and early 90s “Why are the so-called transit advocates giving New York City and New York State a pass on this gross defunding of the MTA capital plan? Why the Dead Silence? Rectify this unfair Defunding of our subways, buses and commuter rails.  That should be the first act.”

 

New Yorkers Against Congestion Pricing Tax is a coalition of residents from diverse neighborhoods around New York City who have initiated a lawsuit to demand that the Federal Highway Administration perform an Environmental Impact Statement (EIS) to show the real impacts of Congestion Pricing (CP) on our communities. The federal government and the Metropolitan Transit Authority rushed an incomplete Environmental Assessment Statement (EAS) instead of applying the more extensive and comprehensive EIS. An EIS would properly examine the three E’s: Environmental Impacts, Economic Hardship, and Equity.

 

 

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HOSPITALS LOBBY TO STOP REPORTING COVID CASES. PUBLIC HAS TIL MIDNIGHT TO TELL THE CDC TO KEEP THE COVID CASES BEING REPORTED.

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WPCNR THE LETTER TICKER. From The People’s CDC. www.peoplescdc@substack.com JUNE 11, 2024:

 

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JUNE 10 D.A. CANDIDATE ADEEL MIRZA & CAMPAIGN COMMITTEE FOUND TO DISTORT OPPONENT SUSAN CACACE’S RECORD. 2 UNFAIR CAMPAIGN PRACTICES VIOLATIONS COMMITTEE FINDS

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Special to WPCNR  FROM THE WESTCHESTER COUNTY CAMPAIGN PRACTICES COMMITTEE.

Tarrytown, NY (June 08, 2024) –

The Westchester County Fair Campaign Practices Committee met via Zoom on June 06, 2024 to hear the complaints of  District Attorney Candidate Susan Cacace against  fellow candidate Adeel Mirza and the campaign committee Mirza4DA. Ms. Cacace and Mr. Mirza are candidates in the Democratic primary for  Westchester County District Attorney. Jeffrey Gasbarro, Esq. attended the Hearing as Ms. Cacace’s representative. Mr. Mirza did not have a representative at the Hearing although he submitted a written response to the complaints.

(Editor’s note: the mailers cited in the Unfair Campaign Practices finding. (WPCNR photo)

COMPLAINT #1: Ms. Cacace complained that a mailer sent by Mr. Mirza and Mirza4DA was
misleading since the text and image of a section of a ballot made it appear as though Ms. Cacace
ran only on the Republican and Conservative lines in the race for County Court Judge in 2015,
whereas Ms. Cacace actually ran on five party lines, including the Democratic line.

FINDING: UNFAIR CAMPAIGN PRACTICE

The image of a computer-generated ballot that only showed the Republican and Conservative
party lines was misleading to the public since it omitted the other three party lines, including the
Democratic line. The mailer created the false impression that Ms. Cacace, a lifelong Democrat,
did not run as a Democrat in 2015. In fact, Ms. Cacace did run as a Democrat in 2015. In
addition, the ballot image, with a reference to “Westchester, NY Election Ballot, 11/4/15” was
not a picture of an actual ballot, which is a flagrant violation of the Committee’s core standards.

The mailer violates the following FCPC Principle:

“The candidate will not use or condone any campaign material or advertisement that misstates,
misrepresents or distorts material fact or any communication that misleads the public,”
and FCPC Guidance #8:

“A candidate should not make charges or assertions that are partially true and therefore
misleading, nor should he/she use statements that are misleading or taken out of context,”
and FCPC Guidance#11:

“A candidate should not use campaign advertisements or materials that depict fictional or
hypothetical events, for example, a commercial that begins, “Imagine….” A commercial that
2 depicts a scene that never took place undermines the very distinction between true and false
campaign advertising and opens the door to false, misleading, and fictional claims.”

COMPLAINT #2:

Ms. Cacace complained that a second mailer sent by Mr. Mirza and
Mirza4DA was misleading since the text states that Ms. Cacace’s “campaign is being bankrolled
by Republican donors, including gun rights lawyers from the “2nd Amendment Law Firm” who
want an “NRA A-rated” District Attorney;” the mailer includes an unsigned fictionalized letter
with “Second Amendment Law Firm” as its letterhead and the sentence “In our effort to find an
NRA-A rated District Attorney, we recommend Susan Cacace.”

The mailer references an April15, 2024 Politico article discussing a fundraiser held

for Ms. Cacace by a registered Republican

The mailer’s text and fictionalized letter imply that Ms. Cacace’s views on guns are consistent
with Republican donors, whereas the Politico article specifically implies that the registered
Republican who held the fundraiser supports Ms. Cacace despite their differing views on guns.

FINDING: UNFAIR CAMPAIGN PRACTICE

The text and image of a fictional letter in the mailer create the false impression that Ms. Cacace’s
views on guns are consistent with Republican donors, gun rights lawyers, and the NRA. In
addition, the depiction of an unsigned fictional letter is especially egregious since it is false
campaign advertising.

The mailer violates the following FCPC Principle:

“The candidate will not use or condone any campaign material or advertisement that misstates,
misrepresents or distorts material fact or any communication that misleads the public,”
and FCPC Guidance #10:

“A candidate is urged to exercise great care when characterizing his/her opponent’s positions. In
the absence of a specifically publicly stated position on an issue, a candidate should avoid
attributing a position on this issue to her/his opponent,”
and FCPC Guidance#11:

“A candidate should not use campaign advertisements or materials that depict fictional or
hypothetical events, for example, a commercial that begins, “Imagine….” A commercial that
depicts a scene that never took place undermines the very distinction between true and false
campaign advertising and opens the door to false, misleading, and fictional claims.”
****************************************************

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HUDSON RIVER BEACHES OPENED

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Hudson River Beaches Reopen Today;
Health Department Advisory Lifted

Swimming can safely resume at Croton Point Park Beach and Philipse Manor Beach Club, and boaters can resume recreational activities in the Hudson River, as the Westchester County Department of Health has lifted its Hudson River advisory.

The advisory was put in place during sewer main repairs on a force main in Ossining, which were completed Friday evening. The advisory was lifted today so that ample tidal movement would allow the partially treated sewage that had been released into the river to be adequately diluted.

For more information on water quality go to https://health.westchestergov.com.


en Español

Las Playas del Río Hudson Reabren Hoy;
Aviso del Departamento de Salud Levantado

Se puede volver a nadar de manera segura en la playa de Croton Point Park y en el Club de Playa de Philipse Manor, y los navegantes pueden reanudar las actividades recreativas en el Río Hudson, ya que el Departamento de Salud del Condado de Westchester ha levantado su advertencia sobre el Río Hudson.

La advertencia se había puesto en lugar durante las reparaciones de la tubería principal de alcantarillado en una tubería de fuerza en Ossining, que se completaron el viernes por la tarde. La advertencia se levantó hoy para que el movimiento de las mareas pudiera permitir que las aguas residuales parcialmente tratadas que se habían liberado en el río se diluyeran adecuadamente.

Para más información sobre la calidad del agua, visite https://health.westchestergov.com.

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