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Rite Aid Corporation, Affiliates Agree to Settle False Claims Act, Controlled Substance Act Allegations Related to Opioid Dispensing

By
Samuel Nwite
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0

The Justice Department has announced that Rite Aid Corporation (Rite Aid) and 10 subsidiaries and affiliates have agreed to settle the government’s allegations under the False Claims Act (FCA) and Controlled Substances Act (CSA) asserted in United States ex rel. White et al. v. Rite Aid Corp., et al., No. 1:21-cv-1239 (N.D. Ohio).

Under the settlement, the government will be paid $7.5 million and have an allowed, unsubordinated, general unsecured claim of $401.8 million in Rite Aid’s bankruptcy case that is pending in the District of New Jersey. During the relevant time period, Rite Aid operated one of the country’s largest retail pharmacy chains with over 2,200 retail pharmacies in 17 states.

“Filling unnecessary prescriptions for powerful and addictive opioids, as the government alleged here, not only takes a toll on our communities, but also violates the law,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “As today’s settlement illustrates, the Justice Department is committed to holding pharmacies accountable for their role in the nation’s opioid crisis.”

“Pharmacies and pharmacists have an affirmative legal duty to ensure that the prescriptions they fill are legitimate,” said U.S. Attorney Rebecca C. Lutzko for the Northern District of Ohio. “When they disregard this responsibility and instead ignore red flags indicating that prescriptions for addictive painkillers are invalid, they violate the public’s trust and harm the community they are supposed to serve — all to make a buck. Our settlement with Rite Aid reinforces the Northern District of Ohio’s continued commitment to combatting the opioid crisis. My office and our law enforcement partners will continue to battle this epidemic by ensuring that corporate actors comply with their legal obligations, which help to restrict unwarranted public access to highly addictive medications, and thereby fight to keep vulnerable members of our communities from becoming addicted to opioids.”

The government’s complaint alleges that, from May 2014 through June 2019, Rite Aid knowingly dispensed at least hundreds of thousands of unlawful prescriptions for controlled substances that (1) lacked a legitimate medical purpose and were not issued in the usual course of professional practice and/or (2) were not valid prescriptions, were not for a medically accepted indication or were medically unnecessary.

These unlawful prescriptions included, for example, prescriptions for the dangerous, highly diverted combination of drugs known as “the trinity,” prescriptions for excessive quantities of opioids, such as highly addictive oxycodone and fentanyl, and prescriptions issued by prescribers who Rite Aid pharmacists had repeatedly identified internally as suspicious and as writing unlawful, unnecessary prescriptions.

The government further alleges that Rite Aid filled these prescriptions despite clear “red flags,” which highly indicated the prescriptions were unlawful and which pharmacists are trained to recognize. Rite Aid also allegedly ignored substantial evidence that its stores were dispensing unlawful prescriptions, including specific concerns raised by its pharmacists, and intentionally deleted internal notes about suspicious prescribers written by Rite Aid pharmacists, such as “writing excessive dose[s] for oxycodone,” and “DO NOT FILL CONTROLS.”

By knowingly dispensing unlawful prescriptions for controlled substances, the government alleges that Rite Aid violated the CSA and, where Rite Aid sought reimbursement from federal healthcare programs, also violated the FCA. 

Along with Rite Aid Corporation, the government’s complaint names as defendants the following Rite Aid subsidiaries: Rite Aid Hdqtrs Corp.; Rite Aid of Connecticut Inc.; Rite Aid of Delaware Inc.; Rite Aid of Maryland; Rite Aid of Michigan; Rite Aid of New Hampshire; Rite Aid of New Jersey; Rite Aid of Ohio; Rite Aid of Pennsylvania and Rite Aid of Virginia.

“Pharmacies and pharmacists have a critical responsibility to ensure controlled substances are dispensed lawfully and safely to the public. This includes highly addictive opioids as we continue to see the impact of the opioid crisis,” said Deputy Inspector General Christian J. Schrank of the Department of Health and Human Services Office of Inspector General (HHS-OIG). “HHS-OIG is entering into a Corporate Integrity Agreement with Rite Aid, which includes a prescription drug claims review to have an Independent Review Organization determine whether prescription drugs are properly prescribed, dispensed, and billed.  HHS-OIG will continue to work with our law enforcement partners to hold providers accountable that put the public at risk.”

“America continues to live through the worst opioid epidemic we have ever seen. Rite Aid contributed to this crisis by ignoring obvious red flags and dispensing hundreds of thousands of unnecessary opioids,” said Administrator Anne Milgram of the Drug Enforcement Administration (DEA). “DEA will continue to do everything in our power to protect the health and safety of Americans and to end the opioid epidemic.”

The civil settlement includes the resolution of claims that certain Rite Aid pharmacies in Washington State violated the CSA by filling prescriptions written by prescribers who lacked proper controlled substance prescribing authority.

The settlement also resolves claims brought in 2019 under the qui tam, or whistleblower, provisions of the FCA by Andrew White, Mark Rosenberg and Ann Wegelin, who all previously worked for Rite Aid at various pharmacies. The FCA authorizes private parties to sue on behalf of the United States for false claims and share in any recovery, and permits the United States to take over the lawsuit, as it did here in part. The relators will receive 17% of the government’s FCA recovery in this matter.

In addition to the civil settlement, Rite Aid has entered into agreements with DEA and HHS-OIG to address its obligations going forward. Rite Aid and DEA entered a memorandum of agreement (MOA) designed to increase communication between the company, its retailers and DEA.

Employees will receive additional training to help them identify illegitimate prescriptions and minimize the risk of drug diversion. The MOA also requires Rite Aid to create and keep materials relevant to DEA investigations for at least five years.

Rite Aid further commits to implementing and managing an anonymous hotline for employees, patients and the public to report suspected illegal dispensing of highly diverted controlled substances and suspected violations of the CSA. Rite Aid has also entered into a corporate integrity agreement (CIA) with HHS-OIG. The CIA includes a prescription claims drug review to have an independent review organisation to determine whether prescription drugs are properly prescribed, dispensed and billed.

The settlement was approved on June 28 by the bankruptcy court as part of Rite Aid’s reorganisation plan, which is expected to become effective later this summer. The amount the government will recover on its unsecured claim under the settlement will depend on the ultimate amount of assets available to the bankruptcy estate for distribution to unsecured creditors.

Justice Department Fines Rite Aid Corporation, Elixir Insurance Company $101m for Falsely Reporting Rebates

By
Samuel Nwite
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The Justice Department has announced that Rite Aid Corporation and Rite Aid subsidiaries, Elixir Insurance Company, RX Options LLC and RX Solutions LLC, have agreed to resolve allegations that they violated the False Claims Act (FCA) by failing to report drug rebates to the Medicare Program accurately.

As part of the settlement, Elixir Insurance and Rite Aid will pay the United States $101 million, and RX Options and RX Solutions will grant the United States an allowed, unsubordinated, general unsecured claim for a total of $20 million in Rite Aid’s bankruptcy case pending in the District of New Jersey.

The settlement is based on the companies’ ability to pay and was approved on June 28 by the bankruptcy court as part of Rite Aid’s reorganisation plan, which is expected to become effective later this summer. In addition to operating one of the country’s largest retail pharmacy chains, Rite Aid offered Medicare drug plans and pharmacy benefits manager (PBM) services through Elixir Insurance, RX Options and RX Solutions.  

“Participants in Medicare’s drug program must accurately report price concessions, including drug manufacturer rebates, to ensure that the government receives the benefit of those concessions,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “Today’s settlement reflects the Justice Department’s commitment to hold accountable entities that pursue their own financial interests at the expense of taxpayer programs.”

“Rite Aid and its Elixir subsidiaries lined their corporate pockets with millions of dollars of manufacturer rebates that should have been reported to Medicare,” said U.S. Attorney Rebecca C. Lutzko for the Northern District of Ohio. “Each of those dollars could have been used to benefit Americans with genuine health care needs. Our office will not tolerate deceptive health-insurance practices, and we will vigorously pursue those who violate the FCA.”

Under Medicare Part D, private entities known as Part D Plan Sponsors offer and administer insurance plans that provide prescription drug coverage to enrolled Medicare beneficiaries. Part D Sponsors must submit annual reports to the Centers for Medicare and Medicaid Services (CMS) with information about rebates and other remuneration the Plans received from drug manufacturers in connection with the Part D drugs provided to beneficiaries, which ensures that the government receives the benefit of any price concessions provided by drug manufacturers to purchasers of the drugs covered under the Part D plan.

CMS relies on the reports in the annual reconciliation process that determine payments due to the Plans or CMS at the end of the year.

The settlement resolves allegations that, between 2014 and 2020, the defendants improperly reported to CMS portions of rebates received from manufacturers as bona fide service fees, even though manufacturers did not negotiate with the defendants to pay such fees. The United States further alleged that Elixir Insurance knew the retained rebates did not meet the regulatory definition of bona fide services fees.

“Truthful and accurate documentation in the delivery of health care goods or services is crucial to the integrity of federal health care programs,” said Deputy Inspector General for Investigations Christian J. Schrank of the Department of Health and Human Services Office of Inspector General (HHS-OIG). “Improper submission of manufacturer drug rebates and fees by Part D Plan Sponsors for pharmaceutical products in order to make more money will not be tolerated. Collaborating with our law enforcement partners, HHS-OIG is committed to preventing and investigating health care fraud in Medicare and other taxpayer-funded health care programs.”

The civil settlement includes the resolution of claims brought in 2021 under the qui tam, or whistleblower, provisions of the False Claims Act by Glenn Rzeszutko, who previously worked for RX Options. The FCA authorizes a private party to sue on behalf of the United States and share in any recovery. The qui tam case is captioned United States ex rel. Rzeszutko v. Rite Aid Corporation et al., No. 5:21-CV-574 (N.D. Ohio). The relator’s share of these proceeds has not yet been determined.

Strauss Ventures LLC, 12 Affiliated Skilled Nursing Facilities Fined $21.3m for Fraudulent Rehabilitation Therapy Services

By
Samuel Nwite
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0

Strauss Ventures LLC, doing business as The Grand Health Care System, and 12 affiliated skilled nursing facilities (collectively, the Grand) have agreed to resolve allegations that they violated the False Claims Act by knowingly billing federal health care programs for therapy services that were unreasonable, unnecessary, unskilled or that simply did not occur as billed.

“We expect nursing facilities to provide only reasonable and appropriate amounts of skilled rehabilitation therapy service to their residents and to bill government healthcare programs only for the services actually provided,” said Principal Deputy Assistant Attorney General Brian Boynton, head of the Justice Department’s Civil Division. “The department is committed to protecting both vulnerable nursing home patients and taxpayers against fraudulent conduct by unscrupulous actors.”

The settlement resolves allegations that, from as early as January 1, 2014, to September 30, 2019, the Grand knowingly submitted false claims for rehabilitation therapy for residents at 12 facilities Strauss Ventures owned and operated.

During this period, Medicare Part A (Medicare’s hospital insurance, which also pays for care in a skilled nursing facility in some circumstances) and TRICARE (the federal health care program for the Department of Defense) paid for such services at rates that varied based on the number of minutes of skilled rehabilitation therapy provided.

The Grand allegedly submitted bills where the reimbursement claimed was based on providing more therapy than was reasonable and necessary, or in some cases, where the therapists did not provide the amount of therapy reported.

As part of the settlement, the Grand admitted that certain now-former Grand management level employees implemented quotas that each of the 12 facilities was expected to reach, including quotas relating to beneficiaries’ lengths of stay and to the percentage of beneficiaries billed at the highest reimbursement level.

To meet these quotas, facilities often scheduled patients to receive therapy without consideration of what was reasonable and necessary based on the individual patients’ clinical condition. In addition, the Grand directed that no more than three patients be discharged from any facility per week and instructed that no Medicare Part A patients should be discharged from rehabilitation therapy unless it had been discussed with corporate officials.

The Grand admitted that this resulted in some Medicare beneficiaries “staying on therapy longer than was reasonable and medically necessary.”

The Grand acknowledged that there were various instances where supervisory officials, who did not personally evaluate or treat patients, set or adjusted the number of minutes of therapy that a Medicare patient would receive.

The Grand also acknowledged instances where supervisory personnel falsified the number of therapy minutes in the Grand’s electronic recordkeeping system or instructed subordinates to do so well after the therapy was allegedly rendered.

“Today’s settlement protects patients and taxpayers by ensuring that medical treatment is dictated by patient need and not by financial motive,” said U.S. Attorney Carla B. Freedman for the Northern District of New York. “Skilled nursing facilities provide important services to a vulnerable population, and we will continue to hold them accountable when they provide patients with unnecessary services and falsify records.”

The settlement also resolves federal allegations that the Grand submitted false claims to Medicaid for services rendered at its Pawling, New York, nursing home between Jan. 1, 2016, and June 30, 2021. These claims were allegedly false because the reimbursement rate was inflated by data that inaccurately reflected the degree of care needed by Medicaid patients there, including rehabilitation therapy services.

The Grand has also entered into a five-year Corporate Integrity Agreement with the Department of Health and Human Services Office of Inspector General (HHS-OIG) that requires an independent review organization to annually assess the medical necessity and appropriateness of therapy services billed to Medicare.

“Violations of the False Claims Act are absolutely unacceptable and will not be tolerated by the FBI and its partners,” said Executive Assistant Director Michael Nordwall of the FBI’s Criminal, Cyber, Response and Services Branch. “We will continue our work of protecting the American taxpayer by relentlessly pursuing businesses that do not comply with the rule of law. If you bill federal health care programs in an unnecessary manner, there will be consequences.”

“As a part of this settlement, the defendants acknowledged that they obtained funds from the Medicare program to which they were not entitled,” said Special Agent in Charge Naomi Gruchacz of HHS-OIG. “Individuals and entities that participate in the federal health care system are required to obey the laws meant to preserve the integrity of program funds and the provision of appropriate, quality services to patients.”

“Protecting the integrity of the healthcare system for our military members and their families is a top priority of the Defense Criminal Investigative Service (DCIS), the law enforcement arm of the Department of Defense Office of Inspector General,” said Acting Special Agent in Charge Brian J. Solecki of the DCIS Northeast Field Office. “DCIS will continue to work with its law enforcement partners and the Department of Justice to hold Department of Defense contractors accountable for their fraudulent activity and ensure America’s service members are not subject to unnecessary risk.”

Former CEO of SCWorx Corp, Marc Schessel, Convicted of Securities Fraud Scheme

By
Samuel Nwite
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A federal jury in New Jersey convicted the former CEO of SCWorx Corp. (SCWorx), a publicly traded healthcare company, Wednesday for his role in a scheme to mislead investors about SCWorx’s procurement of COVID-19 rapid test kits in the early days of the COVID-19 pandemic.

According to court documents and evidence presented at trial, Marc Schessel, 64, of New Paltz, New York, caused SCWorx to issue multiple public statements claiming that SCWorx was buying and reselling at least 48 million COVID-19 test kits despite knowing that such statements were false and misleading.

Specifically, Schessel made, or caused to be issued, four false and misleading statements during a five-day period in April 2020: an April 13 press release, an April 15 investor conference call, an April 16 8-K filing with the U.S. Securities and Exchange Commission; and an April 17 press release.

All four announcements claimed that SCWorx would receive millions of COVID-19 rapid test kits within two weeks, but Schessel and SCWorx never acquired a single COVID-19 test kit as part of the announced transaction.

In the wake of these public announcements, SCWorx’s share price surged, rising by over 400%, from approximately $2.25 to an intraday high of $14.88. After SCWorx announced that it was terminating these COVID-19 rapid test kit agreements without having acquired any tests, SCWorx’s share price quickly dropped below its pre-April 13, 2020, announcement price.

The jury convicted Schessel of two counts of securities fraud. He is scheduled to be sentenced on December 17 and faces a maximum penalty of 20 years in prison on count one and a maximum penalty of 25 years on count two.

A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Saleem Hakim, Georgia Precious Metals Dealer, Sentenced for Tax Fraud

By
Samuel Nwite
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Saleem Hakim has been sentenced to four years in prison following his conviction in January on charges of tax evasion and failing to file tax returns.

According to court documents and evidence introduced at trial, during at least the years 2009 through 2013, Hakim was in the business of brokering the sale of precious metals to clients.

Hakim earned more than $2.8 million in commissions for converting cash to precious metals for his clients during those years, which enabled him to fund a lavish lifestyle that included purchases of high-end watches, jewellery, designer accessories and furs.

Despite earning substantial income from 2009 through 2013, he did not file income tax returns. Hakim last filed an income tax return for tax year 1999.

The evidence introduced at trial additionally showed that, from 2020 through 2022, Hakim and his wife worked for businesses in Atlanta that purchased and sold jewellery and luxury handbags.

The Hakims earned a combined income of more than $260,000 for those years but did not file returns. The evidence also established that Hakim attempted to conceal his and his wife’s income from the IRS by diverting their income into a trust he established after being initially charged with tax crimes from 2011 through 2013.

Hakim attempted to obstruct the investigation into his tax misconduct for 2020 through 2022. After a witness received a grand jury subpoena for records relating to income that the witness paid to Hakim and his wife, Hakim drafted a letter for the witness falsely stating that the witness did not have any business records in his possession relating to the Hakims and asked the witness to send the letter. The witness sent the letter to federal prosecutors and IRS agents.

In addition to his prison sentence, U.S. District Judge Michael L. Brown for the Northern District of Georgia ordered Hakim to serve three years of supervised release and pay $1,219,225.73 in restitution to the IRS and $4,490.52 in prosecution costs.

Former Missouri Police Officers Samuel Davis, Michael Hill Nabbed for Assaulting Handcuffed Suspect, Lying to FBI

By
Deborah Ojuade
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Two former Northwoods, Missouri, police officers have been indicted for violating a man’s civil rights in 2023. Both officers have turned themselves in.

Samuel Davis and Michael Hill were each indicted in relation to a July 4, 2023, encounter with a man, identified in the indictment as “C.G.,” after they were called to a Walgreens in Northwoods.

Each was indicted on one count of conspiracy to intimidate C.G. in the free exercise and enjoyment of his right to be free from unreasonable seizure and deprivation of rights under colour of law.

Davis was also indicted on one count of engaging in misleading conduct with the intent to hinder, delay and prevent the communication of information relating to the possible commission of a federal offence and one count of altering records in a federal investigation. Hill was also indicted on one count of lying to the FBI.

According to the indictment, Hill, Davis’ supervisor, told Davis to take C.G. to Kinloch, Missouri. Davis then took C.G. to a field in Kinloch, where he struck the handcuffed man with his police baton. To cover up the incident, Davis told a dispatcher that C.G. was gone before Davis arrived at the Walgreens.

Davis also allegedly turned off his body camera. The indictment also alleged Hill lied to FBI agents investigating the incident when he falsely stated that C.G. asked to go to Kinloch because he “had people” there.

If convicted, Davis and Hill each face a maximum penalty of life in prison for the charges of conspiracy to violate civil rights and deprivation of rights under colour of law.

Davis also faces a maximum penalty of 20 years’ imprisonment for witness tampering and a maximum penalty of 20 years for destruction of records. Hill faces a maximum penalty of five years for lying to the FBI.

New Jersey’s Andrew Takhistov Planning to Join Russian Volunteer Corps Arrested for Soliciting Destruction of U.S. Energy Facilities

By
Olaoluwa Fabuyi
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Andrew Takhistov, 18, of East Brunswick, New Jersey, was arrested yesterday and made his initial appearance in court today for allegedly soliciting another individual to destroy energy facilities.

“Andrew Takhistov was allegedly on his way to Ukraine to join the Russian Volunteer Corps when we arrested him on charges of recruiting an individual to destroy an electrical substation here in the United States in order to advance his white supremacist ideology,” said Attorney General Merrick B. Garland. “I am grateful to the FBI and the Joint Terrorism Task Force for their exceptional work disrupting this dangerous plot.”

“This complaint alleges that the defendant’s posts referenced Adolf Hitler, encouraged violence against Black and Jewish communities, praised mass shooters, and discussed causing death and destruction on a large scale,” said U.S. Attorney Philip R. Sellinger for the District of New Jersey. “The defendant was allegedly enroute to join the Russian Volunteer Corps, which he described as specializing in assassinations, attacks on power grids, and other infrastructure sabotage, so that he could act on his violent plans. We will not tolerate these kinds of alleged terroristic threats, and working with our partners, we will always be ready to root out and bring to justice anyone who attempts to carry out these acts.”

According to court documents, in January, Takhistov began communicating on a social messaging platform with an individual who, unbeknownst to Takhistov, was an undercover law enforcement employee.

Takhistov had previously posted on the messaging platform (often posting in racially/ethnically motivated extremist [RMVE]-aligned channels), requesting advice about weapons, disseminating manuals on how to construct homemade weapons, and expressing interest in travelling overseas to engage in paramilitary-style training.

Throughout these posts, Takhistov referenced Adolf Hitler, encouraged violence against various ethnic and religious communities (including Black and Jewish individuals), and praised mass shooters. 

Throughout Takhistov’s communications with the undercover employee, Takhistov repeatedly referred to his RMVE ideology and his desire to advance that ideology through violent means.

In May, Takhistov informed the undercover employee that he was planning to travel to Ukraine in July to join the Russian Volunteer Corps, explaining that he chose this organization because it was openly National Socialist and, more importantly, specialized in assassinations, attacks on power grids and other infrastructure sabotage.

Takhistov discussed infrastructure sabotage, specifically how to damage an electrical substation using Mylar balloons or Molotov cocktails, which Takhistov explained how to make. Takhistov told the undercover employee that, while Takhistov was in the Ukraine, the undercover employee needed to carry out at least one event of serious activism.

On two occasions in June and July, at Takhistov’s direction, Takhistov and the undercover employee drove to two different electrical substations in North Brunswick and New Brunswick, New Jersey. During these visits, Takhistov instructed the undercover employee on numerous aspects of how to conduct an attack on an electrical substation.

On July 5, during one of these meetings, Takhistov directed the undercover employee to take several photographs of the electrical substations so that Takhistov could send them to his Russian friend for additional advice on how to best sabotage the stations.

Takhistov was arrested Wednesday afternoon at Newark Liberty International Airport, where he was planning to travel to Paris on his way to Ukraine.

Takhistov is charged with one count of soliciting another individual to engage in criminal conduct that involved destroying a public service enterprise group circuit breaker and substation. He faces a maximum penalty of 10 years in prison and a $125,000 fine if convicted.

Justice Department Files Statement of Interest Reiterating Prison Officials’ Duty to Protect Incarcerated People from Harm

By
TCS TheCrimeScene
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The Justice Department filed a statement of interest last week in a lawsuit brought in the U.S. District Court for the Northern District of Alabama alleging that conditions in an Alabama state prison violate the Constitution.

The statement explains that, under the Eighth Amendment, prison officials must respond reasonably when they know people in their custody face a substantial risk of serious harm, including harm from other incarcerated people.

“The Constitution requires prison officials to take reasonable steps to protect the people in their custody,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “We must not allow violence and sexual abuse to run rampant in our prisons and jails. We are committed to securing the constitutional rights of all people, including those who are incarcerated.”

The plaintiffs in Duke v. Hamm allege that prisoner-on-prisoner violence and sexual assault are commonplace at St. Clair Correctional Facility (St. Clair) in Springville, Alabama. They also allege that correctional officers regularly use excessive force on incarcerated people at St. Clair.

The plaintiffs contend prison officials know that prisoners at St. Clair face a substantial risk of harm but have failed to take reasonable measures to address this risk, in violation of the Eighth Amendment.

“People do not lose their constitutional rights behind prison walls,” said U.S. Attorney Prim F. Escalona for the Northern District of Alabama. “Our office remains committed to ensuring constitutional conditions, including reasonable safety, within Alabama’s prisons.”

The department’s statement of interest clarifies the appropriate standards under the Eighth Amendment. A high level of violence in a prison puts inmates at a substantial risk of serious harm.

The Eighth Amendment requires prison officials to respond reasonably to this risk when they become aware of it. The department’s statement notes that when prison officials continue ineffective measures and disregard available alternatives to mitigate the risk of harm, they are not complying with their constitutional requirement to respond reasonably.

UAE’s Mass Unfair Trial, Unjust Sentences of Human Rights Defenders, Political Dissidents

By
Deborah Ojuade
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(Beirut) – The convictions of at least 44 defendants in the United Arab Emirates’ (UAE) mass trial of at least 84 human rights defenders and political dissidents were based on a fundamentally unfair trial, a coalition of human rights groups said today. On July 10, 2024, the Abu Dhabi Federal Appeals Court meted out sentences ranging from between 15 years to life in prison in the UAE’s second largest unfair mass trial.

In December 2023, while hosting the United Nations Climate Change Conference (COP28), Emirati authorities brought charges against at least 84 defendants in retaliation for forming an independent advocacy group in 2010, many of whom had already been serving prison sentences for the same or similar offenses. The unfair mass trial was marred by serious due process and fair trial violations, including restricted access to case material and information, limited legal assistance, judges directing witness testimony, violations of the principle of double jeopardy, credible allegations of serious abuse and ill-treatment, and hearings shrouded in secrecy.

“These over-the-top long sentences make a mockery of justice and are another nail in the coffin for the UAE’s nascent civil society,” said Joey Shea, United Arab Emirates researcher at Human Rights Watch. “The UAE has dragged scores of its most dedicated human rights defenders and civil society members through a shamelessly unfair trial riddled with due process violations and torture allegations.”

Given that the charges are based solely on defendants’ peaceful practice of their human rights, UAE authorities should immediately overturn these convictions and release all defendants, the groups said. 

Among the 44 defendants whose conviction is known, 4 people were sentenced to 15 years in prison and 40 to life in prison,  according to the Emirates Detainees Advocacy Center, a human rights organization supporting imprisoned human rights defenders in the UAE.

Three of those sentenced to life in prison are  an academic, Nasser bin Ghaith, Abdulsalam Darwish al-Marzouqi, and Sultan Bin Kayed al-Qasimi. At least one defendant was acquitted. The verdicts for many of the defendants are not yet known as the authorities have yet to release official details about the convictions and sentences.

In a statement released on January 6, Emirati authorities accused the 84 defendants of establishing and managing a clandestine terrorist organization in the UAE known as the ‘Justice and Dignity Committee’. The charges appear to come from the UAE’s abusive 2014 counterterrorism law, which sets out punishments of up to life in prison and even death for anyone who sets up, organizes, or runs such an organization.

At least 60 of the defendants were already convicted in 2013 for their involvement with the Justice and Dignity Committee, according to the Emirates Detainees Advocacy Center, including al-Marzouqi and al-Qasimi. That raises concerns that Emirati authorities are violating the principle of double jeopardy, which prohibits trying people twice for the same offense after they had received a final verdict.

The prosecutor did not provide any new evidence, and the evidence cited in the hearings was based entirely on the UAE94 trial, the Emirates Detainees Advocacy Center said. “It is the same case as 2013,” a relative of one defendant told Human Rights Watch. “There is no new evidence, and it is the same allegations.”

In 2013, the grossly unfair “UAE94” trial resulted in convictions of 69 critics of the government, including 8 in absentia, on charges that violated their rights to free expression, association, and assembly. The 69 critics were among 94 people detained beginning in March 2012 in a wave of arbitrary arrests amid an unprecedented crackdown on dissent.

In addition to defendants from the UAE94 case, prominent activists such as Ahmed Mansoor, who is on the Board of the Gulf Centre for Human Rights (GCHR) and the MENA Division Advisory Committee for Human Rights Watch, and academic Dr. Nasser bin Ghaith were put on trial in the new UAE84 case.

UAE security forces arrested Ahmed Mansoor in a late-night house raid on March 20, 2017. In May 2018, the Abu Dhabi Court of Appeals’ State Security Chamber sentenced Mansoor to 10 years in prison on charges entirely related to his human rights activities. On December 31, 2018, the court of last resort, the Federal Supreme Court, upheld his unjust sentence. In 2017, the Abu Dhabi Court of Appeals sentenced Nasser bin Ghaith, a prominent Emirati academic, to 10 years in prison on charges related to his peaceful criticism of the Egyptian and Emirati authorities.

“Regrettably, these sentences were entirely foreseeable. From the outset, it was clear that this trial was merely a façade designed to perpetuate the detention of prisoners of conscience even after their sentences had been served,” said Mohamed Al-Zaabi, director of the Emirates Detainees Advocacy Center. “This trial not only violates the principle of double jeopardy but also contravenes all forms of legal norms.”

Family members have also expressed concern about the partiality of the presiding judge. During a hearing on December 21, one family member said, the judge “put sentences in the mouth of the witness.” The judge interrupted and intervened during the testimony by correcting the witness and dictating statements to him, family members and the Emirates Detainees Advocacy Center said. The Emirates Detainees Advocacy Center said that at one point a police officer handed the witness a paper, which the witness then used to answer the remaining questions.

The trial was shrouded in secrecy, and Emirati authorities prevented defendants’ lawyers from freely accessing case files and court documents. Lawyers have apparently not obtained physical or electronic copies of the court documents and were only able to view the documents on a screen in a secure room under the supervision of security officers. Lawyers were not allowed to take photos of the documents and were only permitted to take handwritten notes.

While the January 6 statement from the Emirates News Agency (WAM), the UAE’s official state news agency, claimed the case was “public,” Emirati authorities severely restricted access to the hearings, even for family members, and kept basic details of the case secret, including the names of all the defendants.

Many of the defendants have been held in incommunicado solitary confinement for nearly a year. Phone calls and family visits have been prohibited from between 10 months to a year, except for brief phone calls in December 2023, informing family members of the existence of the new case and instructing them to hire lawyers.

During the trial, defendants have repeatedly described abusive detention conditions, including physical assaults, lack of access to medical care and required medicines, incessant loud music, and forced nudity.

Emirati authorities have not investigated the alleged abusive conditions, nor held those responsible for any unlawful acts to account.

The UN Standard Minimum Rules for the Treatment of Prisoners (also known as the Nelson Mandela Rules) state that “solitary confinement shall be used only in exceptional cases as a last resort, for as short a time as possible and subject to independent review, and only pursuant to the authorization by a competent authority.” The UN special rapporteur on torture has said that indefinite and prolonged solitary confinement in excess of 15 days should also be subject to an absolute prohibition, citing scientific studies that have established that even a few days of social isolation cause irreparable harm, including lasting psychological damage.

“It is a real tragedy that so many activists and human rights defenders will remain in prison for decades, deprived of watching their children grow up, for no other reason than calling for a better future for Emiratis,” said Khalid Ibrahim, the Gulf Center for Human Rights’s executive director. “The authorities must release them immediately if they want to retain the respect of the international community.”

Signatories

  • Emirates Detainees Advocacy Center (EDAC)
  • Gulf Centre for Human Rights (GC4HR)
  • Human Rights Watch
  • International Federation for Human Rights (FIDH)
  • International Service for Human Rights (ISHR)
  • MENA Rights Group

Life Sentence for Security Guard Who Planned Kidnap, Rape, Murder of TV Presenter Holly Willoughby

By
Olaoluwa Fabuyi
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A security guard from Essex who kept thousands of images of Holly Willoughby has been sentenced to life with a minimum of 15 years for planning her kidnap, rape, and murder.

Gavin Plumb, 37, spent two-and-a-half years researching the TV presenter’s personal life and assembling a ‘kidnap kit’ which included handcuffs, 400 metal cable ties, leg shackles, a pocketknife, and bottles of chloroform. He also searched for imitation firearms online. He was convicted on 4 July after a trial at Chelmsford Crown Court.

Plumb – who has a string of previous convictions relating to kidnapping and false imprisonment – sought to recruit others he met online to carry out his brutal attack. He planned to drive to the victim’s home at night, break into the property, and incapacitate the presenter with chloroform.  Plumb’s vile plot then involved taking Holly Willoughby to another location where she would be imprisoned and raped before being murdered.

Nicola Rice, a specialist prosecutor in the Crown Prosecution Service, said, “The sentence handed down to Gavin Plumb ensures he will remain in prison, where he can no longer threaten or harm women. There is no doubt Gavin Plumb posed a real danger and the CPS proved that his plans to kidnap, rape and murder Holly Willoughby were more than mere fantasy, and he had every intention of encouraging others to help him.

“I hope today’s sentence brings some comfort to the victim, as well as the victims of his previous offences and sends a clear message that the CPS will always bring the strongest possible case against those who plan violence against women.“

Plumb’s plans were exposed when he unwittingly shared his scheme in a private chat with a man he hoped would join him – but who turned out to be an undercover police officer based in the U.S. Plumb even told him of his previous convictions for attempted kidnapping and holding girls against their will to bolster his own credibility. The officer, who gave evidence in court via video link under the alias ‘David Nelson’, became concerned at Plumb’s level of planning and alerted the FBI. Soon afterwards, Essex Police arrested Plumb at home in Harlow on October 4.

The officer was able to give evidence under his alias after the CPS applied for his anonymity to be protected. Only the judge and jury could see his face on the live video from the U.S.

Plumb repeatedly told the court that the messages outlining his plans and his violent and degrading views about the victim were “just chat” and nothing more. 

The key to the CPS case was proving to the jury that he intended to encourage others to assist him in carrying out the attack. The jury was asked to consider why, if it was only online chatter, Plumb needed to buy a ‘kidnap kit’ and carry out detailed searches on where he thought the victim lived. When asked by the prosecution why he had bought chloroform, Plumb told the jury at Chelmsford Crown Court that he needed it to remove a stubborn stain on his carpet.

The prosecution also successfully applied to the court before the trial for permission to tell the jury about his previous convictions. There were two separate incidents in 2006 where he unsuccessfully tried to kidnap two women on a train, using an imitation firearm in one instance, for which he received a suspended prison sentence. 

In 2008, he held two 16-year-old girls he worked with against their will. He tied the hands of one girl behind her back using tape after his rope got tangled. The other girl ran off to raise the alarm, and he was arrested by police and eventually sentenced to 32 months in prison. These previous convictions showed the jury that Plumb had committed crimes which were aimed at controlling and terrifying women.

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