Chicago O’Hare Airport Customs and Border Protection Officers Save Life of Arriving Passenger

Chicago - The International Terminal at Chicago O’Hare Airport is a microcosm of constantly moving people and technology. There is a certain rhythm to the ebb and flow of air passengers arriving from foreign countries and departing to their final destinations. U.S. Customs and Border Protection officers at O’Hare know the movement of international travelers and when one passenger breaks that rhythm they are prepared and trained to know exactly what to do. On September 23, CBP officers saved the life of an arriving international passenger who collapsed at O’Hare Airport.

The passenger, a 68-year-old male Polish-national, had arrived onboard LOT Polish Airlines flight 001 from Warsaw, Poland at approximately 3:40 p.m. He was processed by CBP; however, collapsed into an unconscious and unresponsive condition within the federal inspections area. Immediately, City of Chicago paramedics were notified while CBP officers retrieved a nearby Automated External Defibrillation unit. CBP officers, trained in the use of the AED and Cardio Pulmonary Resuscitation began to administer lifesaving procedures and the passenger began to breathe on his own. CBP officers continued to monitor the passenger until the paramedics arrived and transported the subject to the hospital with good vital signs.

“CBP officers working in international airport operations come in contact with thousands of passengers every day and are specially trained and certified to provide aid to travelers who are in serious trouble,” said Steven Artino, CBP Chicago Acting Director of Field Operations. “Without hesitation, our officers reacted and saved this man’s life. CBP officers at O’Hare respond with AED units and save lives every year. Since March, this is the second time at O’Hare Airport that CBP officers have responded and saved the life of an international passenger.”

The name of the program which positions AED units in the airport one minute apart is the Heart Saver Program. This program was the first of its kind in the country to be implemented by the City of Chicago Department of Aviation at O’Hare Airport more than 20 years ago. Classes are offered by the City of Chicago every month at both O’Hare and Midway Airports. As a result, more than one third of all Port of Chicago CBP officers are trained and certified in AED, CPR, and First Aid.

U.S. Customs and Border Protection is the unified border agency within the Department of Homeland Security charged with the management, control and protection of our nation's borders at and between official ports of entry. CBP is charged with keeping terrorists and terrorist weapons out of the country while enforcing hundreds of U.S. laws.

Nine Defendants, Including Two Owners of a Home Health Care Agency and Two Physicians, Indicted for Allegedly Paying and Receiving Kickbacks for Medicare Patient Referrals

CHICAGO—Two owners of a home health care agency in suburban Skokie and two physicians were among nine defendants indicted on federal charges for paying and receiving kickbacks in exchange for the referral of Medicare patients for home health care services, federal law enforcement officials announced today. Defendants Ana Nerissa Tolentino, a registered nurse, and Frederick Magsino, both part owners of Rosner Home Healthcare Inc.; and Edgardo Hernal, a former Rosner employee, allegedly conspired to pay kickbacks to six co-defendants for the referral and retention of Medicare patients that enabled Rosner to bill Medicare.

Also indicted were Emmanuel Nwaokocha and Masood Syed, both physicians; Jenette George, who operated Ttenej Senior Referral Agency, which provided senior citizens with referrals to home health agencies; and Jennifer Holman, who was an office manager at a doctor’s office. Co-defendants Titis Jackson and Carla Phillips-Williams were marketers of Rosner’s services.

The 27-count indictment was returned by a federal grand jury last Thursday. Tolentino, 43, of Morton Grove; Magsino, 59, of Morton Grove; Nwaokocha, 59, of Skokie; Syed, 53, of Mt. Prospect; Jackson, 36, of Chicago; George, 59, of Chicago; and Phillips-Williams, 42, of Chicago, were initially arrested and charged in criminal complaints in late July of this year. All seven were released on bond. Hernal, 55, of Westchester, and Holman, 53, of Chicago, were charged for the first time in the indictment.

All nine defendants will be arraigned in U.S. District Court on dates to be determined.

Three defendants—Tolentino, Magsino, and Hernal—were charged with one count of conspiracy to pay illegal kickbacks for Medicare patient referrals. Eight of the nine defendants were charged with two or more counts of violating the anti-kickback statute.

The indictment was announced by Gary S. Shapiro, Acting United States Attorney for the Northern District of Illinois; Lamont Pugh, III, Special Agent in Charge of the Chicago Region of the U.S. Department of Health and Human Services, Office of Inspector General; and William C. Monroe, Acting Special Agent in Charge of the Chicago Office of the Federal Bureau of Investigation.

According to the indictment between January 2008 and July 2012, Tolentino, Magsino, and Hernal conspired with others to pay kickbacks and bribes to doctors, such as Nwaokocha and Syed; marketers, such as Jackson, George, and Phillips-Williams; medical office employees, such as Holman; nurses, and others to refer Medicare patients to Rosner. The three defendants charged with conspiracy allegedly paid kickbacks to increase Rosner’s patient census and to enrich Rosner and themselves.

The amount of kickbacks varied but generally ranged from $300 to $600 for each new patient’s completion of five home health visits in one cycle and ranged between the same amounts for the repeat admission of a previous patient in a new cycle of home health care.

According to the previously filed complaints, Medicare paid Rosner approximately $13 million for claims submitted for home health services between January 2008 and January 2012. Neither the complaints nor indictment allege how much of Rosner’s total Medicare billings were fraudulent.

The complaints charged that between March and July 2012 alone, the following co-defendants received the amount of kickbacks listed: Nwaokocha, $4,800; Syed, $1,500; Jackson, $24,000; George, $13,500; and Phillips-Williams, $3,000.

Conspiracy and each count of violating the anti-kickback statute carry a maximum penalty of five years in prison and a $250,000 fine. If convicted, the court must impose a reasonable sentence under federal statutes and the advisory United States Sentencing Guidelines.

The government is being represented by Assistant U.S. Attorney Halley Guren.

The public is reminded that an indictment is not evidence of guilt. The defendants are presumed innocent and are entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt.

The case falls under the umbrella of the Medicare Fraud Strike Force, which expanded operations to Chicago in February 2011 and is part of the Health Care Fraud Prevention and Enforcement Action Team (HEAT), a joint initiative announced in May 2009 between the Justice Department and HHS to focus their efforts to prevent and deter fraud and enforce current anti-fraud laws around the country. Nearly five dozen defendants have been charged in health care fraud cases since the strike force began operating in Chicago last year. Since June 2012, 16 defendants, including owners of other Chicago-area home health care agencies and several other physicians, have been indicted in unrelated cases alleging Medicare referral kickback schemes.

Since their inception in March 2007, Strike Force operations in nine locations have charged more than 1,330 defendants who collectively have falsely billed the Medicare program for more than $4 billion. In addition, the HHS Centers for Medicare and Medicaid Services, working in conjunction with the HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.

To learn more about the Health Care Fraud Prevention & Enforcement Action Team (HEAT), go to: www.stopmedicarefraud.gov.

McHenry County Businessman Sentenced to 11 Years in Prison for $7 Million Fraud Scheme

ROCKFORD—A Woodstock, Illinois man was sentenced today in federal court by U.S. District Judge Philip G. Reinhard in Rockford to 136 months in prison for conducting a $7 million fraud scheme. Francis X. Sanchez (“Sanchez”), 52, co-owned and operated a business in McHenry County known as InvestForClosures. On May 3, 2012, Sanchez pled guilty and admitted that he had fraudulently obtained more than $7 million from InvestForClosures’ investors.

According to Sanchez’s plea agreement, InvestForClosures purportedly bought distressed houses, rehabilitated those houses, and sold the houses for a profit. Sanchez admitted in his plea agreement that he solicited people to invest in InvestForClosures by making various misrepresentations, including: (1) their investments would be safe because they would be backed by real estate; (2) InvestForClosures used the majority of their investors’ funds to purchase real estate; and (3) because of the business’ efficient cash flow from buying and selling houses, InvestForClosures had never failed to make an interest payment on time or return an investor’s principal when requested. These representations were false because: (1) the business did not own sufficient real estate to secure all of the investments; (2) the business did not use the majority of investor funds to purchase real estate, but instead used most of the investors’ funds to pay other expenses, including the salaries of the defendants, and to pay Ponzi-type interest to prior investors; and (3) InvestForClosures was not making enough money from property sales to pay the interest owed to the investors, but was instead using cash received from new investors to pay the prior investors with Ponzi-type payments.

Sanchez further admitted that, in order to conceal from the investors his false promises and misrepresentations and to prevent the investors from demanding the return of their principal, he told the investors that he was developing an exclusive, luxury residential community in Mexico known as the “Sands of Gold.” Sanchez solicited his investors to purchase lots at Sands of Gold and to invest additional monies for the Sands of Gold project.

Sanchez admitted that he made several misrepresentations to his investors regarding Sands of Gold, including: (1) the government of Mexico had promised to invest millions of dollars in infrastructure necessary for the development of the Sands of Gold; (2) efforts to obtain financing for the project were going well and a financing deal was imminent; (3) he was finishing negotiations with a major hotel chain for the construction of a hotel at Sands of Gold; and (4) a major accounting firm had agreed to do the accounting work necessary so that the business could go public.

During the course of the scheme, Sanchez fraudulently obtained more than $9 million from the investors. Of this amount, approximately $1,711,711.18 was paid back to the investors through Ponzi-type payments. In addition to sentencing Sanchez to prison, the court also ordered him to pay more than $7.8 million in restitution to the victims of his crime.

Sanchez’s business partner and co-defendant, James D. Bourassa, 55, of Gilberts, Illinois, pled guilty to mail fraud on February 27, 2012. Bourassa was sentenced on June 11, 2012, to 51 months in federal prison.

The case was investigated by the Rockford Office of the Federal Bureau of Investigation, the Chicago Office of the United States Postal Inspection Service, and the Illinois Secretary of State’s Securities Department. The investigation was conducted under the auspices of the Financial Fraud Enforcement Task Force, which includes representatives from a broad range of federal agencies, regulatory authorities, inspectors general, and state and local law enforcement who, working together, bring to bear a powerful array of criminal and civil enforcement resources. The task force is working to improve efforts across the federal executive branch, and with state and local partners, to investigate and prosecute significant financial crimes, ensure just and effective punishment for those who perpetrate financial crimes, combat discrimination in the lending and financial markets, and recover proceeds for victims of financial crimes. For more information on the task force, visit: www.StopFraud.gov

The sentencing was announced by Gary S. Shapiro, Acting United States Attorney for the Northern District of Illinois; William C. Monroe, Acting Special Agent in Charge of the Chicago Office of Federal Bureau of Investigation; Thomas P. Brady, Postal Inspector in Charge of the Chicago Division of the U.S. Postal Inspection Service; and Illinois Secretary of State Jesse White.

The government was represented by Assistant U.S. Attorney Scott A. Verseman.

Former CME Group Software Engineer Pleads Guilty to Stealing Globex Computer Trade Secrets While Planning to Improve Electronic Trading in China

CHICAGO—A former senior software engineer for Chicago-based CME Group Inc. pleaded guilty today to theft of trade secrets for stealing computer source code and other proprietary information while at the same time pursuing plans to improve an electronic trading exchange in China. The defendant, Chunlai Yang, admitted that he downloaded more than 10,000 files containing CME computer source code that made up a substantial part of the operating systems for the Globex electronic trading platform. The government maintains that the potential loss was between $50 million and $100 million, while Yang maintains that the potential loss was less than $55.7 million.

Yang, 49, of Libertyville, who worked for CME Group for 11 years, pleaded guilty to two counts of theft of trade secrets. He faces a maximum penalty of 10 years in prison and a $250,000 fine on each count, while a written plea agreement contemplates an advisory federal sentencing guideline of 70 to 87 months in prison. Yang was released on a $500,000 secured bond after he was arrested on July 1, 2011. U.S. District Judge John W. Darrah scheduled sentencing for February 20, 2013.

Yang also agreed to forfeit computers and related equipment that were seized from him when he was arrested.

The guilty plea was announced by Gary S. Shapiro, Acting United States Attorney for the Northern District of Illinois; and William C. Monroe, Acting Special Agent in Charge of the Chicago Office of the Federal Bureau of Investigation.

“This case and similar prosecutions demonstrate that law enforcement and corporations can work together to protect trade secrets. CME Group reported this matter to federal authorities and fully cooperated with the investigation. Trade secret theft is a serious economic crime that affects the interests of corporations, as well as our national interest, in protecting intellectual property. We encourage the private sector to work with federal agencies in the investigation and prosecution of trade secret theft,” Mr. Shapiro said.

According to the plea agreement, Yang began working for CME Group in 2000 and was a senior software engineer at the time of his arrest. His responsibilities included writing computer code and, because of his position, he had access to the software programs that supported the Globex electronic trading platform, which allowed market participants to buy and sell CME Group products from any place at any time. The source code and algorithms that made up the supporting programs were proprietary and confidential business property of CME Group, which instituted internal measures to safeguard and protect its trade secrets.

Between late 2010 and June 30, 2011, Yang downloaded more than 10,000 computer files containing CME computer source code from CME’s secure internal computer system to his CME-issued work computer. He then transferred many of these files from his work computer to his personal USB flash drives and then transferred many of these files from his flash drives to his personal computers and hard drives at his home. Yang also admitted that he downloaded thousands of others CME files. Court documents disclosed that he printed numerous CME internal manuals and guidelines describing how many of the computer files that comprise Globex operate and how these computer files interact with each other.

Yang also admitted that he and two unnamed business partners developed plans to form a business referred to as the Tongmei (Gateway to America) Futures Exchange Software Technology Company (Gateway), whose purpose was to increase the trading volume at the Zhangjiagang, China, chemical electronic trading exchange (the Zhangjiagang Exchange). Yang engaged in contract negotiations on behalf of Gateway with the Zhangjiagang Free Trade Board for Gateway to improve the trading platform for the Zhangjiagang Exchange.

The Zhangjiagang Exchange was to become a transfer station to China for advanced technologies companies around the world. Yang expected that Gateway would provide the exchange with technology through written source code to allow for high trading volume, high trading speeds, and multiple trading functions. To help the China exchange attract more customers and generate higher profits, Gateway proposed to expand the Zhangjiagang Exchange’s software by providing customers with more ways of placing orders; connecting the exchange database’s storage systems and matching systems; rewriting the trading system software in the Java computer programming language; raising the system’s capacity and speed by modifying communication lines and structures; and developing trading software based on the FIX computer coding language.

The government is being represented by Assistant United States Attorneys Barry Jonas and Paul Tzur.

Chicago Customs and Border Protection Top Canine Finds Opium in Foreign Mail Shipments

Chicago – Chicago U.S. Customs and Border Protection officers working at the CBP International Mail Facility, near O’Hare International Airport, recently seized two shipments of opium saturated cloth items from Laos. On September 11, CBP canine Rogue alerted to these imported parcels containing decorative narcotic laden materials weighing more than 28 pounds and valued at $302,000. 

CBP Chicago Canine Enforcement Officer Joseph Jablonski and partner Rogue search for parcels with illegal narcotics at the Chicago International Mail Branch near O’Hare Airport.

After the canine alert, CBP officers opened the two packages which contained pieces of decorative cloth and hats. A subsequent field narcotics test revealed the presence of opium within the fabric of the cloth which emitted a strong odor. One parcel contained 23 pieces of opium saturated cloth weighing 14 pounds and the other parcel contained 24 opium saturated pieces of cloth and 9 hats, with a weight of 14.3 pounds. Both shipments were manifested as “Hmong Dresses” addressed to individuals in different Minnesota cities.

“CBP narcotic seizures from international mail are on the rise in Chicago as our officers take millions in illegal drugs off the streets, protecting our communities,” said Steven Artino, Acting Chicago CBP Director of Field Operations in Chicago. “Rogue is a wonder dog in the international mail environment. He transferred from our CBP Cincinnati express consignment operation last April and has now found more than 600 shipments of opium here in Chicago, valued at more than $4 million.”

Rogue, a five-year-old Belgian Malinois narcotic detector dog, is one of the CBP Port of Chicago canine family. Throughout the year, CBP canine teams work at international mail facilities to examine millions of foreign mail shipments coming into the U. S. from all parts of the world. In Chicago, the CBP canine crew includes Belgian Malinois, German Shepherds, Labradors and Beagles.

CBP canine enforcement teams are highly trained in different programs to detect large amounts of currency; illegal narcotics, explosives, humans, or dangerous food and plant material that may carry pests and diseases harming U.S. agriculture. There are over 1,300 CBP canine teams located throughout the country who are vital four-legged weapons in keeping this country safe.

U.S. Customs and Border Protection is the unified border agency within the Department of Homeland Security charged with the management, control and protection of our nation's borders at and between the official ports of entry. CBP is charged with keeping terrorists and terrorist weapons out of the country while enforcing hundreds of U.S. laws.