Articles Posted in White Collar Criminal Defense

IMG_6709-2-194x300SEARCHES

100 ‘most asked ‘ questions

CAN THE POLICE SEARCH ME?

They CAN search you ONLY if…

1.  You agree to the search.

Your consent must be freely and voluntarily given, and not the product of threats, intimidation, force, or the threatened use of force.

2.  For “Officer Safety”

They can search you for weapons only IF the officer has a good reason to believe you are a threat to his personal safety AND ONLY AFTER you are lawfully stopped or detained.

  1. After an arrest.

If a cop searches you without permission it is illegal, unless they have legal cause to search you.  And that is for a judge to decide….later.

us-supreme-court-300x225What Do I Do After I’m Arrested In Miami Florida?

This three-part series title: What Do I Do After I Am Arrested in Miami , is a complete run through of the criminal court processes from arrest through final disposition of a Miami criminal case.  This Article is Part Three of a Three Part Series that begins with the final disposition of your criminal case filed by the Miami State Attorney’s Office case.  Please also see parts two and three in this series regarding Miami Criminal Cases and processes.

Final Disposition of Your Case:

At some point, you will need to decide whether you want to resolve your case by agreement with the state, to ‘plead open’ to the mercy of the Court, or to proceed to trial.

To resolve your case by agreement with the State Attorney’s Office, your attorney and the Assistant State Attorney, assigned to prosecute your case, must come to a complete agreement regarding all of the terms of an agreement for all of your pending charges.  The court can accept or reject the terms of the agreement but cannot modify the terms without your advance consent.

If you decide to ‘plead open’ to the mercy of the Court after consulting with your attorney, the judge will decide what sentence will be imposed after considering your ‘Criminal Punishment Code Score Sheet’, which lists your offenses in severity and assigns points for those offenses.  If you decide to go to trial, you and your attorney should have some legal defense and be otherwise fully prepared.  The fact that the State’s case against you is very weak is a defense in itself.  Generally, if you do not have a defense that will present well in Court, you should consider another option.  There is nothing worse in your case than going to trial unprepared, with little or no defense.

Sentencing Issues and The Criminal Punishment Code:

The Criminal Punishment Code Score Sheet is like a report card that the judge reviews at the time of sentencing.  The score sheet tabulates a specific number of points per offense scored at the time of sentencing set by Florida statute in consideration of the severity of the offense or violation.  If your total combined score is less than or equal to 44 points, the judge can impose a non-state prison sanction which could mean, county jail time of one year or less, house arrest, probation, a fine, payment of Court costs, or even no punishment at all.  If total points are greater than 44 points, the Court will impose mandatory state prison time unless the Court finds both a legal reason to downward depart and is willing to downward depart from the minimum prison sentence set by the criminal punishment code.  A downward departure sentence is a sentence below the minimum permissible sentence based upon a legally permissible exception in sentencing laws.  The judge does not have to grant a bonafide downward departure motion and it is completely in the Court’s discretion to disregard it under the law.  Your attorney can assist you in deciding what course of action is best depending on your charges and other factors unique to your case.  No two cases are the same.

Hiring the Right Attorney:

Consulting with an attorney on your case gives you a chance to interview the attorney to determine if he or she is the right attorney to represent you in your case.  You should feel comfortable with the attorney that you hire and confident that he or she will work diligently in preparing the best defense possible for you.  You will know when you have found the right attorney for your case.  Make sure that you ask a lot of questions during your consultation and during the pendency of your case.  Your attorney cannot prepare a proper defense for you without your assistance.  You are the most valuable asset in the defense case.

This article by Miami Federal Criminal Defense Lawyer Ralph S. Behr is for informational purposes only and should not be construed as constituting legal advice.  You should consult with your attorney to determine the best course of action to take on your case.  For consultation regarding the specific facts of your case and arrest please contact Miami Criminal Defense Lawyer Ralph S. Behr.

GovermentWhat Do I Do After I’m  Arrested  In Miami  Florida?

This three part series: What Do I Do After I Am Arrested in Miami, is a complete run through of the criminal court processes from arrest through final disposition of a Miami criminal case.  This Article is Part Two of a Three Part Series that begins with the Miami State Attorney’s Office case filing decision.  Please also see parts one and three.

Case  Filing  Decision:

The State Attorney’s Office will generally begin to review the case filing package on your case within 2-weeks after your arrest and make a filing decision within 21 days of your arrest, if you are in custody.  If you are not in custody, the filing decision generally takes about 30 days or longer.  Once the State files what is known as an ‘Information’ in your case, the Clerk’s Office will post your charges into the Clerk’s computer and you will be noticed with an Arraignment date.  You may also have changes to your bond on the same date, assuming there are added charges or changed charges, from the charges that you were originally arrested for by the police.  This is common because, the police do not  always arrest  you  for the identical offenses that your are ultimately charged  with by the State Attorney’s Office.

Pre-Filing Package:

Before your charges are filed, you have an opportunity to provide the case filing Assistant State Attorney with additional materials such as;  witness  statements, documents, recordings, and papers for his or her consideration in determining what, if any, charges should be filed against you by the state of  Florida.  I have represented thousands of clients pre-filing, which many times has gotten charges completely dropped. Oftentimes, supplemental materials filed by you will result in greatly reduced charges that are in  the process of being filed against you.  The pre-filing package represents the first line of defense in many cases.  If you do not file supplemental materials with the State Attorney’s Office,  the case  filing Assistant State Attorney will  rely solely upon the case filing package of materials received from the police department, and  may accept all allegations and statements contained in the police package as true.   This could result in  more serious charges  being  filed against you in the criminal Information.  Your defenses will rarely be set forth in the police reports used as the basis to arrest you.  It is unfortunate indeed  that  more defendants do not utilize the pre-filing package opportunity in an effort to have reduced charges filed.  I can assist you with these critical stages in your case.

The Defense Case:

After Arraignment in your case, you can  file a ‘notice of discovery’, which is an official  request for the state  to file a discovery response  listing  witnesses, papers, and other specific evidence upon which the state will  rely in attempting to prove it’s case against you.   You are entitled to take discovery depositions from all material state’s witnesses in the preparation of your defense.  The state will  also provide you with copies of all relevant papers in your case, which may include witness statements, lab  reports,  photos, crime scene reports, police reports, and  all other materials.  You may also list defense witnesses and use defense exhibits in your case, provided that you give notice of these witnesses and materials to the state in advance.  This is known as reciprocal discovery.

As your case progresses and as your attorney prepares your defense, pretrial motions may be filed on a variety of legal issues.  As a general rule, the harder your attorney works on your case- the better your ultimate disposition in the case will be.  Your attorney should examine the facts of your case and determine whether some or all of the charges filed against you can be dismissed and to file the appropriate defensive motions for dismissal.   The results achieved in every case differ depending on a variety of factors, such as the nature of the charges, your prior arrests, the strength of the state’s case, the strength of the defense case, the judge, and the Assistant State Attorney assigned to your case.  The prosecutor assigned to your case may change during the pendency of your case, which is quite common.  This could be a good thing or a bad thing. Being fully prepared for all possibilities is the key to a successful defense.

Part Three Of Three will discuss what happens next through disposition of a criminal case filed in Miami, Florida.

This article by Miami Federal Criminal Defense Lawyer Ralph S. Behr is for informational purposes only and should not be construed as constituting  legal  advice. You should consult with your attorney to determine the best course of action to take on  your  case. For consultation regarding the specific facts of your case and arrest please contact Miami Criminal Defense Lawyer Ralph S. Behr.

IMG_1145-300x212What Do I Do After I’m Arrested In Miami Florida?  Part One of Three Part Series.

This three part series: What Do I Do If I Am Arrested in Miami Florida,  is a complete run-through of the criminal court processes from arrest through final disposition of a Miami criminal case.

Part One Of Three:

You have been arrested in Miami (by a Florida  police officer or deputy sheriff), this starts the criminal court process. Bienvenidos a’ Miami!  I will lead you through the mine-fields after your arrest in South Florida, and there are many.

Posting A Bond:

In all cases, you are entitled to a reasonable set of pre-trial release conditions, or bond, unless it is a capital charge, or you are currently on pre-trial release in Florida or any other jurisdiction.  Generally, this requires that you post a bond with the court.  A bond is a binding agreement to pay, or deposit money to the court to assure the Court  that you will appear for your scheduled court dates.  This holds true regardless of whether you are arrested in Miami, Florida, or anywhere else in  Florida.  A bond is intended to assure your appearance in the case.  Your bond may either be a cash bond in smaller cases, or a surety bond in larger cases.  To post a surety bond you will need the assistance of a bondsman who will file a bond  with the court on your behalf, guaranteeing your appearance at all scheduled court dates.  The bond is a conditional release.  Therefore, if you are arrested for a subsequent offense while you are out on bond, your original bond may be revoked by the court without notice.  If you cannot afford to post the bond that is set by the court it may be necessary to request a bond reduction hearing with the court.  I can move the court on your behalf quickly for a bond reduction.  Depending on the severity of the allegations made against you, the court may also impose other conditions of your pre-trial release, which could include many other restrictive conditions, such as electronic monitoring.

Magistrate  Court:

Once  you  are  arrested,  you  are  entitled  to  a  magistrate  hearing  within 24 hours if you are still in custody for a determination of whether probable cause exists for your arrest.  I have represented thousands of clients in magistrate court.  Probable cause for an arrest are facts and circumstances, which would lead a reasonably prudent person to believe that a crime has been committed.  If no probable cause is found for your arrest, you can be released on your own recognizance.  In the majority of cases, probable cause is found by the magistrate judge and the bond amount is generally set by the Clerk of Courts, as a standard bond amount.  If your arrest stems from an arrest warrant (a court order by a judge commanding your arrest), the judge signing the arrest warrant will set the bond amount, which is typically higher than a standard bond amount for the same offense.

Tracking Your Case:

Within a day or two, the probable cause affidavit or initial arrest report on your case, will filter it’s way to the Clerk’s Office from the booking desk at the jail.  You will be assigned a case number and judge by random assignment.  This information  is normally viewable online at  the  Clerk Of  Court’s Website.  You can track certain information about your case, including court dates and case status from the same site once it is logged online.

Part Two Of Three we will discuss what happens during and after a criminal case filing decision is made by the Miami State Attorney’s Office.

This article by Miami Federal Criminal Defense Lawyer Ralph S. Behr is for informational purposes only and should not be construed as constituting  legal  advice.  You should consult  with your attorney to determine the best course of action to take on  your  case. For consultation regarding the specific facts of your case and arrest please contact Miami Criminal Lawyer Ralph S. Behr.

PillsOwner and president of a New Port Richey pharmacy, Nicholas A. Borgesano, plead guilty to two counts of conspiracy in the Middle District of Florida on October 30th, 2017, for being at the center of a multi-million-dollar mediation fraud scheme.  Mr. Borgesano is 45 and his sentencing will be scheduled in federal court before United States District Judge James S. Moody Jr. and is facing a maximum of 15 years in prison.  Count one is for conspiracy to commit health care fraud and count two is for conspiracy to engage in monetary transactions involving criminally derived property.

According to the Department of Justice, the fraud ran from October 2012 to December 2015 and it impacted private insurance compaies, Medicare, and Tricare a health care program for the military.  Before him, seven others had plead guilty in connection to the scheme.  As part of his testimony, Mr. Borgesano explained that him and his co-conspirators owned and operated numerous pharmacies and shell companies to execute a fraud scheme involving prescription compounded medications. Per the Tampa bay Business Journal, compounding is when pharmacists or physicians combine drug ingredients to create another medication in order to attend to individual needs.

With this scheme they generated more than $100 million in fraudulent proceeds.  Mr. Borgesani owned and controlled A to Z Pharmacy, Havana Pharmacy, Medplus/Newlife Pharmacy, and Metropolitan Pharmacy, Jaimy Pharmacy, and Prestige Pharmacy.  It was in these pharmacies where he created the submission of false and fraudulent reimbursement claims for prescription compounded medications, pain creams, scar creams, and private insurances.  They all manipulated billing codes, paid for kick backs and bribes to further the exchanging and signing of prescriptions for patients he never saw.   The disbursement of all the money was done through wire transfer to the co-conspirators, by assets, or checks.

Most of all their properties will be forfeited including 50-foot racing boat, expensive cars, and houses which equal to over 7.6 million dollars. The total amount that will be forfeited is the result of everything that was purchased with income from the fraud scheme.

The investigation of this fraud scheme was part of the Medicare Fraud Strike Force conducted by the FBI and with the assistance of HHS-OIG and DCIS.  According to the Department of Justice, The Fraud Section leads the Medicare Fraud Strike Force, which is part of a joint initiative between the Department of Justice and HHS to focus their efforts to prevent and deter fraud and enforce current anti-fraud laws around the country.  They operate in nine different locations in the United States and since it’s creation on March 2007, it has charged over 3,500 defendants who have falsely billed the HealthCare system for $12.5 billion.

CrashThe State of Florida continues with its operations to crack down on Personal Injury Protection (PIP) fraud and it has encountered two more cases in the past two weeks. One of the PIP kickback schemes discovered totaled in $2 million and the other one totaled in $23 million dollars.  Attorneys, chiropractors, and clinic owners are all being charged with auto insurance fraud, mail fraud, wire fraud, and health care fraud.

According to the court papers filed with U.S. District court in Miami, they are accused of orchestrating a kickback scheme to take advantage of the state’s mandatory personal injury protection car insurance program.   They are also accused of using chiropractors and tow truck drivers to solicit patients and clients.

The Florida Office of Insurance Regulation explains that the intent of the PIP program was to provide injured drivers up to $10,000 in immediate medical coverage in lieu of establishing fault through the court system.  Their goal was to reduce payment delay for injured drivers, as well as limit the utilization of the court system.  In the State of Florida, PIP coverage is required to be purchased by everyone who owns a motor vehicle that is registered in the state.

According to the Sun Sentinel, the state and federal government spent years and millions of taxpayer dollars wiring up witnesses and tapping phones thinking these clinics were leading a Russian organized crime network, instead they discovered a crime ring of corrupt clinic owners, chiropractors, and lawyers who operated in Miami, Broward, and Palm Beach County. Their operation was so elaborate that they defrauded the insurance companies more than $23 million between 2010 and this year.  If convicted the defendants could face 20 years or more in federal prison.

The crime investigators stated that kickbacks between $500 to $2100 per patient were given to tow truck drivers and body shop owners who would direct the accident victims to clinic that were owned by the defendants.  They would have the doctors and chiropractors register the clinics under their names to cover up their ownership.  The defendants would tell these doctors and chiropractors the treatment the victims were going to receive based on the amount of money they believed the case was worth and not the treatment the victim actually need it. The medical staff knew exactly what to write on the medical reports in order for the victim to qualify for the entire amount of benefits available based on the insurance policy.

The prosecutors on this case are calling these clinics “PIP mills” in relation to “pill mills” that have also under been under investigation because of insurance fraud.  The defendants are both being held in federal prison and without bond because of fear that they will flee the country because of ties and frequent travels to Ukraine and Israel.

 

OpioidsThe opioid crisis continues to worsen throughout the entire county, but in certain states more than others because the drug has become more accessible.  To makes matters worse, insurance companies are taking advantage of this situation by overcharging for the drug treatment needed by those who suffer from all types of drug addictions. One of the rehab capitals of the United States is Palm Beach County, Florida.  The state of Florida has a billion-dollar drug treatment industry that, according to an NBC investigation, is overwhelmed by clients who continue to overdose and increase in insurance fraud.

According to the National Institute of Drug Abuse, opioids are a class of drugs that include the illegal drug heroin, synthetic opioids such as fentanyl, and pain relievers available legally by prescription, such as oxycodone (OxyContin®), hydrocodone (Vicodin®), codeine, morphine, and many others. The reason why people are abusing the use of the drug is because not only does it relieve pain but it produces euphoria that many become dependent on. Overdoses on opioids have continued to severely increase since 2007, especially because the drug is now being mixed with other drugs to produce other addictive effects.  Family members of the drug abusers rely on drug treatment centers to save their loved ones but the outcome is the complete opposite.

Dave Aronberg, Palm Beach County’s top prosecutor and State Attorney, stated to the NBC News investigator that the entire drug treatment industry has been corrupted by the accessibility of easy money.  Mr. Aronberg also explains that, the actors of this industry have taken advantage of well-intended federal law, and a lack of any good law at the state level, to profit off people at the lowest stages of their lives.

The law he refers to is the Affordable Care Act, which along with the federal Mental Health Parity Act passed in 2008, was meant to ensure people suffering from addiction could get the care they needed. People saw this as an opportunity to make a lot of money and have taken advantage of desperate people, who are usually young or dependent on their families. These scammers have also made it difficult for genuine and ethical centers to prosper because people are losing faith in the credibility of these centers.

According to the investigation done by NBC News, within a few months of a drug abuser reaching the drug treatment centers, they would call their family members stating that they had transferred to another sober home. Bills from the insurance companies kept arriving to their homes with treatment worth thousands of dollars. The bills included from medical treatments, lab tests, chiropractic therapy, and counseling.  When they family members of these victims called the treatment centers to figure out why the bills were so high, the person on the other end of the phone would hang up. The insurance bills detailed charges of $5,000.00 for things like a urine test or $1,800.00 for one counseling session. One of the victims bills reached $1.2 million for only 15 months of treatment, even though they were bounced among nine different facilities.

Governor Rick Scott, officially declared Florida’s opioid crisis a state of emergency in May of 2017. Also, legislators recently passed a bill that would increase penalties for brokering. They believe this will give prosecutors sharper tools to crack down on what a grand jury last December found was rampant brokering and fraud across the insurance industry.

Earlier this month, The International Consortium of Investigative Journalists (ICIJ), published reports on their ongoing investigation into the 2.6 terabytes of data leaked from Mossack Fonseca, a Panamanian international law firm.  The ICIJ, a global network of over 190 journalists from more than 65 countries, came in contact with the leaked data through a German newspaper, Süddeutsche Zeitung, who iSource: www.worldpropertyjournal.comn turn received the data early last year from an anonymous source.  The leak was far too big for the German newspaper to handle on its own and enlisted the ICIJ to aid in the investigation of the leaked documents.

What is so important about The Panama Papers?  The leak, in what is now considered the biggest data leak in history, was dubbed the “Panama Papers” and applies to the 11.5 million documents with detailed information on more than 214,000 offshore companies listed in the firm’s files.

Offshore companies are entities incorporated in offshore jurisdictions, usually in places with: 1) Little to no local taxation; 2) Stable banking centers; and 3) Strict banking secrecy laws.  The offshore companies are then used to establish offshore bank accounts, and although they are not illegal, the accounts are used by non-residents to move wealth without any disclosure to the nation of origin, the source of the money, or the business or transactional history whereby the funds came under the control of individuals seeking a “tax haven” for the money acquired.  The main issue with these dealings is that the obscure and secretive nature of these accounts easily lends itself to illegal activities, such as money laundering and tax avoidance.

For the past few decades, Panama’s offshore financial center has been catering to an “A list” of bank clients that are now under the microscope for being tied to the offshore accounts in some form or fashion.  The leaked documents name real people and their names, including names of shareholders, directors, depositors and owners of interest in funds stowed away beyond the purview of policing agencies and bank regulators…..until now..

The Panama Papers name 140 prominent politicians from more than 50 countries, including the former Prime Minister of Iceland, Sigmundur Davíð Gunnlaugsson.  Gunnlaugsson, who became the first “victim” of the scandal, resigned earlier this month for failing to disclose offshore accounts he co-owned with his wife.

The law firm founders, maintain their firm did nothing illegal and issued a detailed statement in response to the scandal on their website. Finely attired in two thousand dollar suits, the attorneys from Panama walked out of a press interview when a Swedish reporter asked an uncomfortable question which our well suited Panamanian lawyer decried as “totally inappropriate.”  More creativity would be appreciated by the thousands of victims of the thefts and diversions of public money and illicit transactions funded into the trust account transactions emerging from the “Panama Papers” scandal.  More than a scandal it is a horror-show reminder that continued, and will continue, until international bankers see that their true interests are in stopping money laundering rather than pandering to bad actors.  But don’t hold your breath: I will keep breathing and writing, so standby!

Most U.S. taxpayers do not run afoul of the Internal Revenue Service’s Criminal Investigation Division.   Known as the CID, it has special agents who work either with other criminal prosecution agencies, in or with inter-agency task forces, or are assigned on a case by case basis to a U.S. Attorney office.  Understand that the Internal Revenue Service does not commonly begin a taxpayer collection action with a Criminal Investigation Division special agent.  The most common I.R.S. taxpayer recovery begins with a telephone call to the target.  The caller is an I.R.S. collection agent, not a C.I.D. agent.

golden-badge

Source: bragertaxlaw.com

If your first contact from the I.R.S. is a C.I.D. agent call you know that the ultimate outcome is most likely a criminal prosecution.  It is best to retain a criminal defense attorney if you are called by a C.I.D. special agent.  All customary investigations begin with a request for production.  The request is either by letter or by verbal communication from an I.R.S. agent.  Compliance is not voluntary but is mandatory so do not disregard an IRS request for production of records.  You can negotiate the time and delay factor but you cannot fail to comply.  Additionally, be very aware that your response must include all records requested.  Any selective response by you, or any omission of records is an open door to a criminal prosecution.  When we look over our law office records of criminal prosecutions for tax evasion it is common that the prosecutor includes several counts of obstruction of justice for failure to provide complete tax records.  If the first contact  you have with an IRS agent is a subpoena then you can conclude for certain that you are the subject of a criminal investigation.  Anyone whose first contact from the IRS is from a CID special agent would be well advised to retain a criminal defense lawyer at the outset.  The investigatory phase can last as long as six months.  As the subject of an IRS review you are entitled to be represented by an attorney, but it is not always needed.  Most if not all IRS inquiries resolve with an agreed resolution requiring payment of back taxes, fines and interest.  Very few IRS contacts resolve with a criminal prosecution.

You must keep in mind that IRS compliance actions are entirely paper based and records based.  An inculpatory statement  (admission of guilt) is rarely a part of an IRS criminal prosecution so be candid and open in your conversation with counsel and, if so advised, with the IRS agent.  Unlike most other criminal prosecutions, the government does not have to establish beyond a reasonable doubt the elements of the crime of tax evasion.  The standard is willfulness and intent; and your tax filings are almost always sufficient to establish all the legal elements the government must prove up in a tax evasion prosecution.

This week the Security and Exchange Commission (SEC) announced that E.S. Financial Services, a Miami based brokerage firm, settled what could have been a major criminal case with an agreed $ 1 million penalty payment to settle the charges and possibly avoid criminal prosecution.

The SEC issued a press release which suggested that the E.S. Financial, now known as Brickell Global Markets, Inc., committed acts that substantially violate anti-money laundering statutes and related rules.  The agreed allegations are that the brokerage firm allowed non-U.S. individuals to sell and buy securities without revealing the people who are the beneficial owners.

The SEC’s continued investigation led to their issuance of an order, which instituted a settled administrative proceeding, in lieu of a criminal indictment.  And while no fraud occurred in this case, the SEC investigation concluded that there were significant “holes” or shortcomings in the framework and implementation of the firm’s customer identification program (CIP), which required brokers to, “…at a minimum…, implement reasonable procedures to verify the identity of any person seeking to open an account.”

According to the SEC’s order, E.S. Financial maintained a brokerage account for a bank from Central America that was trading for its own benefit.  It went on to say that 13 non-United States entities, involving 23 non-U.S. citizens, were the beneficial owners of the securities involved and that more than $23 million of securities transactions were involved in the allegations.  These actions were in violation of Section 17(a) of the Securities Exchange Act of 1934. Specifically:

  • Rule 17a-3, which requires exchange members, brokers, and dealers to make and keep certain all books and records relating to its business.
  • Rule 17a-4, which requires exchange members, brokers, and dealers to preserve such required records for a prescribed period of time.
  • Rule 17a-8, which requires every broker to comply with the reporting, record keeping, and record retention requirements in regulations implemented under the Bank Secrecy Act, including the requirements in the CIP rule applicable to broker-dealers.

The anti-money laundering statutes require that non-U.S. citizens who buy, sell or beneficially own securities in the U.S. must reveal and verify their names.  This applies to any individual who is the beneficial owner or ultimate person who will own the securities.

The SEC identified that in examining the books and records of the firm, there was a failure to provide and produce the records identifying the foreign customers the firm was soliciting and or providing financial advice.

Under the SEC rules cited above, financial institutions must maintain records which adequately identify their customers.  To ensure that money launderings statutes are followed, FINRA published the Know Your Customer Rule (FINRA Rule 2090), which requires regulated brokerage firms to know with whom they are dealing.   The “Know Your Customer” Rule imposed upon financial institutions is intended to eliminate or reduce money laundering.

As part of the agreed settlement, E.S. Financial Services agreed and confirmed to the SEC that a complete review of their internal policies, practices and procedures over the next two years would be undertaken, which is in addition to the $1 million fine they agreed to pay.