Monday, March 23, 2020

Justice Department Files Its First Enforcement Action Against COVID-19 Fraud: Federal Court Issues Temporary Restraining Order Against Website Offering Fraudulent Coronavirus Vaccine


The U.S. Justice Department released the below information:
The Department of Justice announced today that it has taken its first action in federal court to combat fraud related to the coronavirus (COVID-19) pandemic.  The enforcement action filed today in Austin against operators of a fraudulent website follows Attorney General William Barr’s recent direction for the department to prioritize the detection, investigation, and prosecution of illegal conduct related to the pandemic.
As detailed in the civil complaint and accompanying court papers filed on Saturday, March 21, 2020, the operators of the website “coronavirusmedicalkit.com” are engaging in a wire fraud scheme seeking to profit from the confusion and widespread fear surrounding COVID-19.  Information published on the website claimed to offer consumers access to World Health Organization (WHO) vaccine kits in exchange for a shipping charge of $4.95, which consumers would pay by entering their credit card information on the website.  In fact, there are currently no legitimate COVID-19 vaccines and the WHO is not distributing any such vaccine.  In response to the department’s request, U.S. District Judge Robert Pitman issued a temporary restraining order requiring that the registrar of the fraudulent website immediately take action to block public access to it.
“The Department of Justice will not tolerate criminal exploitation of this national emergency for personal gain,” said Assistant Attorney General Jody Hunt of the Department of Justice’s Civil Division.  “We will use every resource at the government’s disposal to act quickly to shut down these most despicable of scammers, whether they are defrauding consumers, committing identity theft, or delivering malware.”
“Attorney General Barr has directed the department to prioritize fraud schemes arising out of the coronavirus emergency,” said U.S. Attorney John F. Bash of the Western District of Texas.  “We therefore moved very quickly to shut down this scam.  We hope in the future that responsible web domain registrars will quickly and effectively shut down websites designed to facilitate these scams.  My office will continue to be aggressive in targeting these sorts of despicable frauds for the duration of this emergency.”
“At a time when we face such unprecedented challenges with the COVID-19 crisis, Americans are understandably desperate to find solutions to keep their families safe and healthy,” said Special Agent in Charge Christopher Combs of the FBI’s San Antonio Field Office.  “Fraudsters who seek to profit from their fear and uncertainty, by selling bogus vaccines or cures, not only steal limited resources from our communities, they pose an even greater danger by spreading misinformation and creating confusion.  During this difficult time, protecting our communities from these reprehensible fraud schemes will remain one of the FBI’s highest priorities."
The United States filed today’s announced action to shutter the website immediately while an investigation of the website and its operators continues.  In so doing, the government is employing a federal statute that permits federal courts to issue injunctions to prevent harm to potential victims of fraudulent schemes.
The Department of Justice recommends that Americans to take the following precautionary measures to protect themselves from known and emerging scams related to COVID-19:
  • Independently verify the identity of any company, charity, or individual that contacts you regarding COVID-19.
  • Check the websites and email addresses offering information, products, or services related to COVID-19. Be aware that scammers often employ addresses that differ only slightly from those belonging to the entities they are impersonating.  For example, they might use “cdc.com” or “cdc.org” instead of “cdc.gov.”
  • Be wary of unsolicited emails offering information, supplies, or treatment for COVID-19 or requesting your personal information for medical purposes. Legitimate health authorities will not contact the general public this way.
  • Do not click on links or open email attachments from unknown or unverified sources. Doing so could download a virus onto your computer or device.
  • Make sure the anti-malware and anti-virus software on your computer is operating and up to date.
  • Ignore offers for a COVID-19 vaccine, cure, or treatment. Remember, if a vaccine becomes available, you won’t hear about it for the first time through an email, online ad, or unsolicited sales pitch.
  • Check online reviews of any company offering COVID-19 products or supplies. Avoid companies whose customers have complained about not receiving items.
  • Research any charities or crowdfunding sites soliciting donations in connection with COVID-19 before giving any donation. Remember, an organization may not be legitimate even if it uses words like “CDC” or “government” in its name or has reputable looking seals or logos on its materials.  For online resources on donating wisely, visit the Federal Trade Commission (FTC) website.
  • Be wary of any business, charity, or individual requesting payments or donations in cash, by wire transfer, gift card, or through the mail. Don’t send money through any of these channels.
  • Be cautious of “investment opportunities” tied to COVID-19, especially those based on claims that a small company’s products or services can help stop the virus. If you decide to invest, carefully research the investment beforehand.  For information on how to avoid investment fraud, visit the U.S. Securities and Exchange Commission (SEC) website.
For the most up-to-date information on COVID-19, consumers may visit the Centers for Disease Control and Prevention (CDC) and WHO websites.    
In addition, the public is urged to report suspected fraud schemes related to COVID-19 by calling the National Center for Disaster Fraud (NCDF) hotline (1-866-720-5721) or by e-mailing the NCDF at disaster@leo.gov.
The enforcement action taken today is being prosecuted by Assistant United States Attorneys Thomas A. Parnham, Jr. and Michael C. Galdo of the Western District of Texas, and Senior Litigation Counsel Ross S. Goldstein of the Civil Division’s Consumer Protection Branch.  The FBI’s San Antonio Field Office is conducting the investigation.
The claims made in the complaint are allegations that, if the case were to proceed to trial, the government must prove to receive a permanent injunction against the defendant.
For information about the Department of Justice’s efforts to stop COVID-19 fraud, visit www.justice.gov/coronavirus.  Additional information about the Consumer Protection Branch and its enforcement efforts may be found at www.justice.gov/civil/consumer-protection-branch.  For more information about the U.S. Attorney’s Office for the Western District of Texas, visit its website at www.justice.gov/usao-wdtx.

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