Lancaster, PA Company Agrees To Pay $820,000 For Improper Billing Of Defense Intelligence Agency

PHILADELPHIA, PA – United States Attorney Jennifer Arbittier Williams announced that Reveal Global Consulting, LLC (“Reveal”) has agreed to pay $820,000 to the federal government to resolve allegations that it violated the False Claims Act by improperly billing time and expenses in its performance of a contract with the Defense Intelligence Agency (“DIA”). 

In 2017, Reveal entered into a Spearheading CIO Applied Research and Leading Edge Technologies (“SCARLET”) contract with DIA. The contract was a time-and-materials contract under which Reveal could bill the United States only for time it actually expended and materials it required to fulfill its contractual obligations. Instead, Reveal allegedly billed the DIA for one twelfth of the total contract even for months in which less than one twelfth of the total required effort was devoted to the contract; devoted fewer than the promised employees for multiple months; submitted inflated and misstated bills for work by subcontractors; and invoiced the DIA for work supposedly performed by Reveal employees who had already left the company. Throughout the contract, Reveal allegedly failed to establish and maintain an adequate, effective timekeeping system.

“There is no excuse for invoicing the United States for work that was not done,” said U.S. Attorney Williams. “Companies that work for the United States have a moral and legal obligation to ensure that the United States receives the goods and services for which it is paying, and the United States Attorney’s Office is ready to investigate and punish contractors who flout this fundamental rule.”

“This case is a result of the stalwart, dedicated and collaborative work of investigators, DIA Office of the Inspector General (OIG), DOD OIG, Defense Criminal Investigations Services, the DCAA, and DOJ. The Office of the Inspector General, DIA, will continue to root out fraud, waste, and abuse in DIA processes while improving government funds stewardship from our civilian and contractor workforce,” said William Borden, Assistant Inspector General for Investigations, DIA.

“Investigating allegations of cost mischarging on Department of Defense (DoD) contracts is a top priority for the DoD Office of Inspector General's Defense Criminal Investigative Service (DCIS),” stated Special Agent in Charge Patrick J. Hegarty, DCIS Northeast Field Office. “The settlement agreement announced today is the result of a joint investigative effort with the Defense Intelligence Agency Office of the Inspector General and demonstrates the DCIS’ ongoing commitment to protect the integrity of DoD procurement.”

This investigation was conducted as part of the United States Attorney’s Office for the Eastern District of Pennsylvania’s Affirmative Civil Enforcement Strike Force with investigators from the Defense Intelligence Agency Office of Inspector General and DCIS, with assistance the Department of Commerce Office of Inspector General and Department of Health and Human Services Office of Inspector General. Assistant U.S. Attorney Paul W. Kaufman handled the investigation and settlement.

The claims resolved by the settlement are allegations only; there has been no determination of liability. 

Third Former GlaxoSmithKline Scientist Pleads Guilty To Stealing Trade Secrets To Benefit Chinese Pharma Company

PHILADELPHIA – United States Attorney Jennifer Arbittier Williams announced that Lucy Xi, 44, formerly a resident of Malvern, PA, pleaded guilty to conspiracy to steal trade secrets from GlaxoSmithKline (GSK) to benefit a Chinese pharmaceutical company named Renopharma.

Lucy Xi’s co-defendants, Yu Xue, Tao Li and Yan Mei, established Renopharma supposedly to research and develop anti-cancer drugs. In reality, though, the company was used as a repository of information stolen from GSK. Renopharma received financial support and subsidies from the government of China. At the time, Lucy Xi (who was married to Yan Mei) and Yu Xue were employed as a scientists at a GSK facility in Upper Merion, PA, which worked on developing biopharmaceutical products. These products typically cost in excess of $1 billion to research and develop. 

In January 2015, Lucy Xi sent Yan Mei a GSK document which contained confidential and trade secret data and information. The document provided a summary of GSK research into monoclonal antibodies at that time. In the body of the e-mail, Lucy Xi wrote, “You need to understand it very well. It will help you in your future business [RENOPHARMA].”

Yu Xue, her sister, Tian Xue, and Tao Li have all pleaded guilty for their roles in this conspiracy. Yan Mei is a fugitive who currently resides in China. 

“This defendant illegally stole trade secrets to benefit her husband’s company, which was financed by the Chinese government,” said U.S. Attorney Williams. “The lifeblood of companies like GSK is its intellectual property, and when that property is stolen and transferred to a foreign country, it threatens thousands of American jobs and jeopardizes the strategic benefits brought about through research and development. Such criminal behavior must be prosecuted to the fullest extent of the law.”

“Pharmaceutical firms like GSK invest staggering amounts of time and money to develop new medications and bring them to market,” said Jacqueline Maguire, Special Agent in Charge of the FBI’s Philadelphia Division. “When individuals steal valuable trade secrets concerning one of these drugs, it’s a threat both to that firm and beyond. After all, innovation like this propels the U.S. economy. The FBI is committed to enforcing laws that protect the nation’s businesses from such theft. We will not permit American research and development to be scavenged for the benefit of other companies or countries.”

The case was investigated by the Federal Bureau of Investigation and is being prosecuted by Assistant United States Attorneys Robert J. Livermore and J. Jeanette Kang.

Upper Darby Man Pleads Guilty To Straw Purchasing 20+ Handguns Last Summer At Dealers In Southeast PA

 The U.S. Attorney’s Office Eastern District of PA released the below information:

PHILADELPHIA – Acting United States Attorney Jennifer Arbittier Williams announced that Nafez Hutchings, 22, of Upper Darby, PA, entered a plea of guilty before United States District Court Judge Anita Brody to an Indictment charging 12 counts of providing false information to a federal firearms licensee.

Between June and August 2020, the defendant fraudulently purchased 23 handguns over 12 separate transactions with several different Federal Firearms Licensees (licensed gun stores) in Philadelphia, Montgomery, and Delaware Counties. During each purchase, Hutchings falsely reported his address and declared on Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Form 4473 that he was the actual purchaser of the firearms, when in reality it was not his intention to keep possession of the weapon. Before his arrest, the defendant admitted to ATF agents that he provided a false address and falsely certified on the ATF forms that he was buying the firearms, when in fact he was buying them on behalf of other individuals.

“Our Office is doing all we can to stem the tide of violent crime in Philadelphia, including indicting and prosecuting criminals who possess firearms when they’re prohibited by law from doing so. But the efforts of law enforcement to keep guns out of the wrong hands are thwarted every time someone straw purchases a weapon like this defendant did, 23 times over,” said Acting U.S. Attorney Williams. “Make no mistake -- If you knowingly buy a handgun for someone else who cannot legally purchase one, and they use it to commit a crime, it is no better than if you had fired that gun yourself. And that is exactly how you will be treated by the federal authorities.”

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone.  The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.

The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Philadelphia Police Department, and is being prosecuted by Assistant United States Attorney Thomas M. Zaleski.

Philadelphia Electrical Contractor Sentenced To Two Years On Charges Of Tax Fraud And Theft Of Employee Benefits

PHILADELPHIA – Acting United States Attorney Jennifer Arbittier Williams announced that Donald Dougherty, 55, of Philadelphia, PA, was sentenced to two years in prison, one year of supervised release, and was ordered to pay approximately $358,000 in restitution and a $125,000 fine by United States District Judge Michael M. Baylson for filing a false income tax return and theft from an employee benefit plan. 

In January 2021, the defendant pleaded guilty to the charges, which arose from his ownership of Dougherty Electric Incorporated (DEI), an electrical contracting firm located in Philadelphia. The false income tax return charge related to Dougherty’s diversion of DEI resources for his personal benefit. In 2015, he used the resources of DEI to pay for $237,100 in personal expenditures, including a Dougherty family vacation at the Ritz Carlton Hotel in Miami; repairs to his home; condominium association fees for his wife’s New Jersey condominium; expenses for beer delivery; and $25,000 transferred from the DEI operating account and deposited into the defendant’s personal account. Dougherty failed to report the receipt of these benefits on his personal income tax return for 2015. 

The charge of theft from an employee benefit plan resulted from Dougherty’s failure to pay benefits over to a labor benefit plan as required by a collective bargaining agreement between the national Electrical Contractors Associations and International Brotherhood of Electrical Workers (IBEW) Local 5 in Pittsburgh. The agreement required DEI to file payroll and remittance reports with Local 5 that identified DEI employees working in Pittsburgh, the hours worked, the wages they earned, and to then make corresponding contributions to the Local 5 benefit plans. 

Dougherty skirted around the agreement by using non-union labor to work on a contract project in Pittsburgh. He concealed his use of non-union labor by using his brother’s pass-through company to pay non-union electrical workers on DEI’s Pittsburgh projects. The deception enabled him to avoid making total contributions of $266,000 to Local 5’s benefit fund.  

“Donald Dougherty’s schemes to enrich himself backfired, and now he has received a just punishment as the consequence of his actions,” said Acting U.S. Attorney Williams. “This is an important reminder for those who might consider filing false returns: the government is very good at detecting this type of fraud – and you will be found out and prosecuted.” 

“Mr. Dougherty not only stole from the Government, he put his own interests ahead of honest and hard-working union members,” said Michael J. Driscoll, Special Agent in Charge of the FBI’s Philadelphia Division. “Such greed and corruption cannot go unchecked.  The FBI is committed to working with our law enforcement partners to protect the Government’s resources and dedicated laborers everywhere.” 

“Today’s sentence sends a clear message that the laws of the land apply to everyone,” said IRS Criminal Investigation Special Agent in Charge Thomas Fattorusso. “No matter who you are, it is unacceptable to purposely underreport your income. If you intentionally file fraudulent tax returns, your status will not protect you from federal prosecution.” 

“The U.S. Department of Labor, Employee Benefits Security Administration, will pursue to the fullest extent of the law those who unlawfully profit by failing to make required contributions to employee benefit plans,” said Michael Schloss, Regional Director of EBSA’s Philadelphia Regional Office. 

The case was investigated by the FBI, IRS Criminal Investigations Unit, and the Employee Benefits Security Administration of the U.S. Department of Labor and is being prosecuted by Assistant United States Attorney Richard P. Barrett and Frank Costello.

Philadelphia Electrical Contractor Pleads Guilty To Tax Fraud, Theft Of Union Benefit Funds

 The U.S. Attorney’s Office Eastern District of Pennsylvania released the below information:

PHILADELPHIA – First Assistant United States Attorney Jennifer Arbittier Williams announced that Donald Dougherty, 54, of Philadelphia, PA, entered a plea of guilty today before United States District Court Judge Michael M. Baylson. Dougherty, the owner of Dougherty Electric, Inc., (“DEI”), a well-established Philadelphia-based electrical contractor, pleaded guilty to one count of filing a false federal income tax return and one count of theft of employee benefit funds.

On November 25, 2020, Dougherty was charged by Indictment with multiple charges of bank fraud, tax fraud and theft from employee benefit plans. Also charged with tax fraud was Michael McKale, an accountant who worked for Dougherty. Under the plea agreement between Dougherty and the government announced today, in addition to pleading guilty to tax fraud and theft of union benefit funds, the defendant has agreed to pay $92,913 in taxes due to the Internal Revenue Service, arising from false business deductions for what were actually expenditures for Dougherty’s personal benefit. The defendant also agreed to pay $266,000 in restitution to the International Brotherhood of Electrical Workers (“IBEW”) Local Union 5 in Pittsburgh, arising from his failure to make $266,000 in contributions to Local 5’s employee benefit funds in violation of the collective bargaining agreement between DEI and Local 5 in Pittsburgh.

In 2007, Dougherty was charged, pleaded guilty, and imprisoned for filing false income tax returns, tax evasion, making an unlawful payment to a union official, theft of employee benefit funds, and related offenses. During today’s plea hearing, Dougherty agreed to pay all restitution still owed in this previous case. 

“Donald Dougherty has a track record of trying to skirt the law and defraud hard-working individuals,” said First Assistant U.S. Attorney Williams. “But the government also has a track record of convicting Dougherty for his crimes.  And we will continue to do just that with every criminal who attempts this kind of scheme.”

“Engaging in an elaborate scheme to willfully underreport taxable income is a felony,” said IRS Criminal Investigation Special Agent in Charge Thomas Fattorusso. “Today, Donald Dougherty admitted he broke the law by cheating on his taxes. As we approach tax filing season, those who might consider filing false tax returns should be aware of the negative consequences; which could include being branded a felon for life and a lengthy prison sentence.”

The case was investigated by the Internal Revenue Service Criminal Investigation Division, the Federal Bureau of Investigation, and the Employee Benefits Security Administration branch of the Department of Labor, and is being prosecuted by Assistant U.S. Attorneys Paul L. Gray and Frank R. Costello, Jr.

 

Two Brothers, Both Senior City Of Philadelphia Officials, Charged With Fraud And Embezzlement: Separately, A City Contractor And Manager Of A Meal Program For HIV/AIDS Patients Was Also Charged With Theft

 The U.S. Attorney’s Office Eastern District of Pennsylvania released the below information:

PHILADELPHIA – United States Attorney William M. McSwain announced that two brothers, Leo and Paul Dignam, were charged by Information with fraud and embezzlement, and a third person, Barbara Conway, was also charged by Information with theft.

Leo Dignam, 61, of Philadelphia, PA, was charged with two counts of wire fraud and one count of embezzling from a program receiving federal funds. Leo’s brother, Paul Dignam, 58, also of Philadelphia, was charged with one count of mail fraud and one count of embezzling from a program receiving federal funds. Barbara Conway, 61, of Drexel Hill, PA, was charged with one count of theft of funds from a program receiving federal funds. At the time of the charged offenses, Leo and Paul Dignam were senior officials with the City of Philadelphia, and Conway was the Food Voucher Coordinator for the Philadelphia Health Management Corporation (PHMC), an agency contracted by the City to manage the Food Voucher Program.

Leo Dignam was an Assistant Managing Director in the Managing Director’s Office and, prior to serving in that position, was the Deputy Commissioner for Programs with the Philadelphia Parks and Recreation (“PPR”) Department. In these positions, he oversaw the administration of major events in the city, such as the Philadelphia Marathon, the Broad Street Run and the Mummers Parade. Mr. Dignam worked for the City of Philadelphia for approximately 38 years.

Over the course of several years, from 2012 through 2019, Leo Dignam allegedly engaged in a scheme to defraud the City of Philadelphia of approximately $150,000 by misusing two bank accounts he controlled on behalf of the City that existed to support the work of PPR, namely, recreational activities for citizens. In particular, he opened a bank account purportedly to support the activities of PPR in connection with a non-profit organization, the Junior Baseball Federation (“JBF”). The JBF partnered with the Philadelphia Phillies to raise most of its funds through the sale of tickets for Phillies games.

Instead of using the JBF bank account solely for its intended public purpose, Leo Dignam allegedly misused the account by converting funds from the account to pay for personal expenses he incurred on an American Express (“AMEX”) credit card that he opened in connection with the JBF account. He used the AMEX card, and shared it with family members, for purchases from retail stores, grocery stores, pharmacies, gas stations, online retailers and service providers, and other businesses. He then used the funds in the JBF bank account to pay off the personal expenses on the credit card.

According to the Information, he similarly misused another account that was created for the benefit of PPR and the citizens of Philadelphia, the Program Advisory Fund Account. The defendant used this account to pay personal expenses by transferring funds directly to a personal account, solely for his own benefit, and by using it to pay personal expenses on a Verizon Wireless Account.

Paul Dignam was the Regional Manager for the South Region of Philadelphia Parks and Recreation. In this position, he oversaw the administration of local recreation centers and playgrounds and supervised the activities of several PPR district managers. In 2011, Paul Dignam opened a bank account that purported to be for use by a recreation advisory council, a commonly used governance structure in PPR that exists to support local recreation centers and playgrounds by helping to raise funds, develop programs, and maintain play sites.

Beginning in 2012 and continuing through 2019, he allegedly misused this bank account by repeatedly writing checks on the account made payable to himself. He helped conceal this fraud by having bank statements mailed to his personal residence and having another individual act as a signatory on the account. The defendant then forged the other individual’s signature on the misappropriated checks and falsely noted in the memo line of the checks that they were “reimbursements” for expenses he incurred by making purchases on behalf of PPR. In sum, Paul Dignam wrote himself approximately 102 checks worth approximately $119,000.

Finally, Barbara Conway was the Food Voucher Coordinator for the Philadelphia Health Management Corporation (PHMC), an organization contracted by the City to manage a Food Voucher Program designed to provide emergency assistance to people living with HIV/AIDS. This initiative is funded by the Ryan White HIV/AIDS Program, a federal program that provides grants to states, cities, counties, and other local organizations to fund care and treatment services for individuals living with the disease.

The Information alleges that beginning in 2015 through 2019, Conway stole more than $39,000 worth of food vouchers intended for HIV/AIDS patients receiving services through the Food Voucher Program.

“All three of these defendants allegedly made the same bad choice to steal funds from federally-funded programs,” said U.S. Attorney McSwain. “Further, in all three cases, the defendants stole money from programs designed to benefit groups that desperately needed the assistance – from patients struggling with HIV/AIDS who require emergency assistance to meet basic necessities to a youth baseball organization serving many underprivileged children. The callousness that the defendants displayed by stealing from these programs is stunning.”

“We share a collective and long-standing devotion to integrity in City government, and I wish to thank the United States Attorney’s Office and the FBI for their partnership in the investigation of the Dignam brothers and our broader mission,” said City of Philadelphia Inspector General Alexander DeSantis. “Further, the Conway case shows our continuing commitment to root out fraud and corruption in all forms, including by employees of city contractors involved in programs that affect some of Philadelphia’s most vulnerable populations.”

If convicted, Leo Dignam faces a maximum possible sentence of 50 years in prison, Paul Dignam faces a maximum possible sentence of 30 years in prison, and Barbara Conway faces a maximum possible sentence of ten years in prison.

All three cases were investigated by the Federal Bureau of Investigation and the Philadelphia Office of the Inspector General. The cases of Paul and Leo Dignam are being prosecuted by Deputy United States Attorney Louis D. Lappen, and the case of Barbara Conway is being prosecuted by Assistant United States Attorney Richard Barrett.

An indictment, information, or criminal complaint is an accusation. A defendant is presumed innocent unless and until proven guilty.