The unauthorized person who used the protected health information or to whom the disclosure was made.The nature and extent of the protected health information involved, including the types of identifiers and the likelihood of re-identification.An impermissible use or disclosure of protected health information is presumed to be a breach unless the covered entity or business associate, as applicable, demonstrates that there is a low probability that the protected health information has been compromised based on a risk assessment of at least the following factors: Definition of BreachĪ breach is, generally, an impermissible use or disclosure under the Privacy Rule that compromises the security or privacy of the protected health information. Similar breach notification provisions implemented and enforced by the Federal Trade Commission (FTC), apply to vendors of personal health records and their third party service providers, pursuant to section 13407 of the HITECH Act. The HIPAA Breach Notification Rule, 45 CFR §§ 164.400-414, requires HIPAA covered entities and their business associates to provide notification following a breach of unsecured protected health information. Other Administrative Simplification Rules.Covered Entities & Business Associates has sub items, about Covered Entities & Business Associates.Patient Safety has sub items, about Patient Safety.Mental Health & Substance Use Disorders.Gender Affirming Care, Civil Rights, and Privacy.Special Topics has sub items, about Special Topics.Compliance & Enforcement has sub items, about Compliance & Enforcement.Breach Notification has sub items, about Breach Notification.Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. Pedersen are prosecuting the case.Ī copy of this press release is located on the website of the U.S. Dunham, Special Agent in Charge, Criminal Division, FBI Washington Field Office, made the announcement after sentencing by U.S. Attorney for the Eastern District of Virginia, and Timothy M. Abraham has a prior federal conviction and also a permanent injunction entered against him by the SEC for operating the same scheme. Standby Letters of Credit, as marketed by the defendants, do not exist and have long been the subject of public service announcements by the FBI and the Securities and Exchange Commission. Victims resided in Virginia, Arizona, Nevada, Wisconsin, Alaska, New York, South Dakota, Peru, Australia, and other locations. According to the Superseding Indictment, Abraham took in approximately $1.2 million in proceeds from the fraud. According to the Superseding Indictment, Abraham then spent large sums of the money gambling at the Motor City Casino in Detroit, and on vehicles and a condominium. Thomas promptly provided most of the money to Abraham. Thomas and Company Escrow Services.” In reality, the money was wired to the personal checking account of Kenneth Thomas, who was not an escrow agent, and who acted as Abraham’s chauffeur. Of this large sum, clients were promised they could simply keep approximately $20 million as a “non-recourse loan.” A supposed “monetizer” would then use the remainder of the funds over the course of the year-long lease of the SBLC in order to engage in lucrative overseas trades (also known as “platform trading”), which would supposedly generate profits sufficient to repay the entire SBLC.Īs part of the scheme, clients were directed to wire money to Escrow Agent Kenneth Thomas of “K. Ibrahim,” and also posing as an attorney calling himself “John Wynn,” claimed that he could “lease” for clients a Standby Letter of Credit (SBLC) from a European Bank in the “face amount” of approximately $100 million. In exchange for an up-front deposit of approximately $150,000 into an escrow account, Abraham, operating as Advanced Funding Group, using aliases such as “J. His co-defendant, also from Michigan, was sentenced to a lesser term.Īccording to court documents, Samuel John Abraham, 62, of Novi, and Kenneth Ross Thomas, 52, of Westland, conspired to defraud individuals and businesses desperate for credit by promising to arrange substantial lines of credit from European banks. – A Michigan man was sentenced today to 10 years in prison for his role in running an advanced fee scheme involving phony Standby Letters of Credit supposedly issued by European banks.
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