First Extradition From Cameroon to US: Fugitive to Serve an 80-Year Prison Sentence

 

Via USDOJ:

In the first extradition from the Republic of Cameroon to the United States, a Texas man was extradited to Houston on Friday to serve an 80-year prison sentence he received in absentia four years ago after he pleaded guilty in two separate cases to conspiracy, health care fraud, money laundering, and tax offenses.

According to court documents, in November 2016, Ebong Aloysius Tilong, 57, of Sugar Land, Texas, and his wife, Marie Neba, went to trial on the conspiracy, health care fraud, and money laundering charges. The trial evidence and court documents showed that between 2006 and 2015, Tilong, Neba, and their co-conspirators used Tilong and Neba’s company, Fiango Home Healthcare Inc. (Fiango), to corruptly obtain more than $13 million by submitting false and fraudulent claims to Medicare for home health care services that Fiango’s patients did not need or receive. The trial evidence and court documents also showed that Tilong and Neba paid illegal kickbacks to patient recruiters to refer patients to Fiango, and that Tilong falsified and directed others to falsify medical records to make it appear as though Fiango’s patients met the Medicare qualifications for home health care. Additional evidence demonstrated that Tilong attempted to destroy evidence and blackmail and suborn perjury from witnesses. After the first week of trial, Tilong pleaded guilty to one count of conspiracy to commit health care fraud, three counts of health care fraud, one count of conspiracy to pay and receive health care kickbacks, three counts of payment and receipt of health care kickbacks, and one count of conspiracy to launder monetary instruments.

In June 2017, Tilong pleaded guilty in a separate case to two counts of filing fraudulent tax returns. In connection with this guilty plea, Tilong admitted that he created a shell company called Quality Therapy Services (QTS) to limit the amount of tax that he paid to the IRS on the proceeds that he and his co-conspirators stole from Medicare. According to Tilong’s plea agreement, in 2013 and 2014, Tilong wrote almost $1 million in checks from Fiango to QTS for physical-therapy services that QTS never provided to Fiango’s patients and deducted as business expenses. Tilong admitted that his tax fraud scheme caused the IRS a tax loss of approximately $344,452.

In August 2017, Neba was sentenced to 75 years in prison the Medicare fraud scheme at Fiango. The U.S. District Court scheduled Tilong’s sentencing for Oct. 13, 2017, but court records show that on the morning of his sentencing hearing, Tilong removed an ankle bracelet monitoring his location and failed to respond to phone calls from, or appear in, the U.S. District Court for his sentencing. On Dec. 8, 2017, the U.S. District Court sentenced Tilong in absentia to 80 years in prison for his role in the Medicare and tax fraud schemes.
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In September 2021, the Republic of Cameroon President Paul Biya signed a decree ordering Tilong’s removal to the United States.

On Dec. 10, 2021, U.S. Marshals escorted Tilong from Cameroon to the United States.

The United States is grateful to the Government of Cameroon for its cooperation and support of this extradition request.

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Biliovschi Smith v. Blinken: EFM Alleges Discrimination Under Title VII #superiorqualificationsrate

 

Via Civil Action No. 1:18-cv-03065 (CJN)
For over two years, Mihaela Biliovschi Smith worked for the State Department as a Media Outreach Assistant out of the American embassy in Yaoundé, Cameroon. Compl. ¶ 6, ECF No. 1. A series of disputes among Ms. Smith, a coworker, and embassy management resulted in Ms. Smith filing this lawsuit, which alleges violations of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq. Compl. ¶¶ 55–60. The State Department has moved to dismiss, or alternatively, for summary judgment. See generally Def.’s Mot. to Dismiss & for Summ. J. (“Mot.”), ECF No. 28. The Court denies the motion for reasons that follow.1
1 In addition to denying the State Department’s motion for summary judgment, this Court also denies the State Department’s alternative motion to dismiss. Tyson v. Brennan, 306 F. Supp. 3d 365, 369 (D.D.C. 2017); Brooks v. Kerry, 37 F. Supp. 3d 187, 199 (D.D.C. 2014). For clarity’s sake, this memorandum opinion will refer to the State Department’s motion as a motion for summary judgment.
4 If a job candidate qualifies for higher pay based on a “superior qualifications determination,” Joint Statement ¶ 16, then the person could receive a superior qualification rate of pay, which compensates the individual because the employer based on the individual’s experience “may reasonably expect a higher level of performance beyond the requirements of the job,” id. ¶ 35.
5 This Court concludes that embassy management’s comments about Ms. Smith’s Romanian ethnicity do not constitute direct evidence of discrimination, but rather may “be probative of discrimination” under the burden-shifting framework in place for claims reliant on indirect evidence of discrimination. Isse v. Am. Univ., 540 F. Supp. 2d 9, 30 (D.D.C. 2008); Brady v. Livingood, 456 F. Supp. 2d 1, 6 (D.D.C. 2006) (noting that “direct evidence does not include stray remarks in the workplace”). In addition, Ms. Smith’s contention that she received lower pay based in part on her national origin satisfies the requirement that a Title VII discrimination plaintiff show that she suffered an adverse employment action. See 42 U.S.C. § 2000e-2(a)(1) (making it unlawful to discriminate with respect to “compensation”); Russell v. Principi, 257 F.3d 815, 819 (D.C. Cir. 2001).

I. Background
An American citizen of Romanian national origin, Mihaela Biliovschi Smith accompanied her husband Derrin Ray Smith to Yaoundé, Cameroon in August 2014.2 See Joint Chronological.

Statement of Material Facts (“Joint Statement”), ECF No. 38 at ¶¶ 1–3. Mr. Smith ventured to Africa to work as a foreign service officer with the U.S. embassy. Id. ¶ 3. During their first year in Cameroon together, Mr. and Ms. Smith attended an embassy-hosted dinner where the deputy chief of the embassy, Greg Thome, allegedly told Ms. Smith at the dinner table that her “country right now is the United States of America” and that “at the State Department, we don’t work for the interests of the Romanians.” Id. ¶ 5. Thome, Ms. Smith also claims, later inquired into whether she “spoke Russian.” Id. ¶ 13. Ms. Smith perceived Thome’s comments related to her Romanian ethnicity as odd, discomforting, and concerning. Derrin Ray Smith Decl. (“Smith Decl.”), ECF No. 31-8 at 2. Yet neither Ms. Smith nor her husband apparently took action in response.

Early in 2015, Ms. Smith applied for a position with the embassy as a “Media Outreach Assistant.” See Joint Statement ¶¶ 6, 10.3 She got the job. Id. ¶ 14. The job offer stated that Ms. Smith would begin her employment with the embassy at an entry-level pay rate. Id. ¶ 15. Upon receipt of the offer, Ms. Smith requested that the State Department conduct a superior qualifications rate review to determine whether she qualified for higher pay. Id. ¶¶ 16, 20. 4 The assistant in the human resources department in charge of preparing Ms. Smith’s hiring documents thought that Ms. Smith might qualify for a higher rate based on her “expansive knowledge” and experiential background. Id. ¶ 38.

Yet a higher-level manager in the human resources department, Charles Morrill, made the decision not to submit Ms. Smith’s paperwork for a superior qualifications review, id. ¶ 44, and when he informed her of that decision, he referenced her Romanian perspective and Balkanized mindset. Id. ¶ 51. When asked in his deposition to clarify these comments, Morrill stated that he knew the “mindset” of Romanians based on his experience working with “Eastern Europeans.” Charles Morrill Dep. (“Morrill’s Dep.”), ECF No. 28-9 at 4–5. He added that people from that part of the world hold a world view that “people are out to get you.” Id. at 5. The decision not to submit the paperwork generated conflict between Ms. Smith and embassy management. Ms. Smith nonetheless accepted the offer of employment.
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In December 2018, Ms. Smith filed this lawsuit against her employer for discrimination and for creating a retaliatory and a hostile work environment under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq. Compl. ¶¶ 55–60. The State Department has moved to for summary judgment on all of Ms. Smith’s claims.
[…]
Because a reasonable juror could find, based on the present record, that Ms. Smith suffered discrimination on the basis of national origin and that she was subjected to a hostile work environment on the basis of her sex and her engagement in protected activity, it would be inappropriate to grant the pending Motion for Summary Judgment. The State Department’s Motion for Summary Judgment is therefore Denied. An Order will be entered contemporaneously with this Memorandum Opinion.

The Memorandum of Opinion signed by Judge Carl J. Nichols of the District Court of the District of Columbia is available via public records here.

 

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Did US Embassy Bangui Go on “Ordered Departure” Without Telling Anyone? (Updated)

Updated 3/28/2020, 8:20 pm PDT | US Embassy Bangui’s Health Alert dated March 26, 2020 says “On March 18, the Department of State ordered the departure of non-emergency U.S. personnel in Bangui.”
We learned last week that the US Embassy in Bangui, Central African Republic “just went on ordered departure.” Apparently this was less about Covid19 and more about a flare-up of violence in the country. To-date, neither the State Department nor the US Embassy has made an announcement about this post’s evacuation status.
On March 20, US Embassy Bangui released the following statement about reduced staffing:

The U.S. Embassy in Bangui announces that it is reducing its staffing in response to increasing travel restrictions, limited health infrastructure and potential disruption of supply chains for essential goods in the Central African Republic.

We call your attention to the State Department’s Global Travel Advisory issued March 19, 2020

The State Department has issued a global travel advisory advising all U.S. citizens to avoid all international travel due to the global impact of COVID-19.  In countries where commercial departure options remain available, U.S. citizens who live in the United States should arrange for immediate return to the United States, unless they are prepared to remain abroad for an indefinite period.  U.S. citizens who live abroad should avoid all international travel.  Many countries are experiencing COVID-19 outbreaks and implementing travel restrictions and mandatory quarantines, closing borders, and prohibiting non-citizens from entry with little advance notice.  Airlines have cancelled many international flights and several cruise operators have suspended operations or cancelled trips.  If you choose to travel internationally, your travel plans may be severely disrupted, and you may be forced to remain outside of the United States for an indefinite timeframe.

U.S. Embassy in Bangui does not provide visa or citizen services  to U.S. citizens in CAR.  U.S. citizens in need of assistance there are advised to contact the U.S. Embassy in Yaoundé, Cameroon.
Note that the Central African Republic is on a Level 4 Do Not Travel Advisory “due to crime, civil unrest, and kidnapping” as of December 12, 2019. The Travel Advisory has not been updated to indicate its evacuation status as of this writing.
A source at a neighboring post is similarly perplexed as they know from colleagues in Bangui that the embassy has gone on ordered departure despite the lack of public announcement.  We were asked if it is possible to have an internal ordered departure and Foggy Bottom knows it but it’s not ‘official’?
These days anything is possible, it seems, but we don’t know how that works without running afoul of 7 FAM 050 No Double Standard Policy. “Generally, if the Department shares information with the official U.S. community, it should also make the same or similar information available to the non-official U.S. community if the underlying threat applies to both official and non-official U.S. citizens/nationals.”
7 FAM 053(f) includes a reminder: “Remember that if post concludes it should warn, or has warned, its personnel or any U.S. Government employees beyond those with a strict need-to-know, whether permanently stationed or on temporary duty abroad, about a security threat, post should share that same information with the non-official U.S. community under the “No Double Standard” policy (see 7 FAM 052).

 

Vehicle in USUN Ambassador’s Convoy Hits, Kills 7-Year Old Boy in Cameroon

Posted: 3:15 am ET
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U.S. Ambassador to the United Nations (USUN) Samantha Power is on travel to Cameroon, Chad, and Nigeria from April 16-23 to highlight the growing threat Boko Haram poses to the Lake Chad Basin region.

On April 18, while on her way to talk to refugees forced from their homes by Boko Haram in Cameroon, a vehicle in her convoy struck and killed a 7-year old child. The AP reported that the motorcade was traveling at speeds of more than 60mph. The ABC news report says “the cars were traveling around 43 mph.” The NYT report said that the convoy had been driving at more than 40 miles per hour when the vehicle hit the boy. Also that one of the ambulances that was part of Ambassador Power’s motorcade was dispatched to transfer the boy to a nearby hospital.  She later returned to the village, according to NYT, to pay her respects to the boy’s parents:

This time when the convoy arrived in the village, there were no laughing and waving children running on the side of the road. Instead, hundreds of villagers, surrounded by dozens of black-clad Cameroonian soldiers, stood near the road, staring stone-faced at the motorcade.

The State Department spox was asked during the Daily Press Briefing if there is any discussion for the U.S. Government to provide compensation to the family. Below is Mr. Kirby’s response:

“I don’t know about any plans for compensation. I just don’t have an update for you on that. But obviously, we all here are grieving with the family of that young boy who was killed by the vehicle in the convoy. And as I think you saw reported, Ambassador Power, who certainly is feeling this very deeply, visited with the family today to express her deep regrets over what happened. I don’t have any update in terms of next steps here, but we all share in the grief and the sorrow that resulted from this tragic, just terrible, terrible accident.”

 

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US Embassy Yaounde: USG begins deployment of up to 300 troops to Cameroon

Posted: 3:27 am EDT
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cameroon-map

Map from CIA World Factbook

According to the latest crime and safety report, no areas of Cameroon are off-limits to official U.S. government personnel.

Travel after dark is strongly discouraged anywhere in Cameroon due to the heightened risk for traffic accidents and increased criminality during the night. U.S. citizens should avoid unnecessary travel to areas bordering the C.A.R. and travel only during daylight hours. Official travel to the Far North and North Regions is thoroughly planned and scrutinized for safety and security and may require coordination with local authorities for additional protection. The U.S. Embassy recommends against travel to the Far North region, including Maroua, because of the kidnapping threat posed by the Nigerian extremist group, Boko Haram. Travelers are advised to exercise extreme caution when traveling to the North region. Border areas surrounding and between Amchide and Fotokol are particularly dangerous.
[…]
Cameroon faces an emergent regional threat to include frequent violent attacks in Cameroon from the Boko Haram movement (in northern Nigeria) that has undertaken a campaign of violence against the Nigerian government and civilians since 2009. Boko Haram took 21 expatriate hostages in Cameroon in 2013 and 2014 and continues to target expatriates for kidnapping. Boko Haram also assassinated hundreds of security forces and private citizens. In May 2014, the government reorganized security forces to better combat Boko Haram. As a result, Boko Haram has responded with attacks on border villages, ambushes incorporating roadside explosive devices, assassinations of local leaders, intimidation, and stealing goods/livestock – all in the Far North region of Cameroon. The imposition of a “State of Emergency” in Nigeria’s northern states has led to another influx of refugees in the Far North region. Cameroon’s traditional stability accounts for its ability to absorb large numbers of refugees, though persistent pressure from its neighbors could lead to ethnic, religious, and/or regional disputes in the near future.
[…]
Throughout 2013 and 2014, the Central African Republic experienced waves of violence, leading to the overthrow of the governing regime and the installation of a transition government aided by an international peacekeeping mission. The U.S. Embassy in Bangui reopened in September 2014 with limited services. Ethnic, religious, and tribal strife and counter-attacks have killed hundreds in C.A.R. and forced thousands to seek refuge inside Cameroon. Border areas around Garoua-Boulai and Kendzou in the east are potential hotspots due to spillover violence from C.A.R. In 2014, Cameroon experienced sporadic incursions by bandits from the C.A.R., and hostage taking by these groups has occurred across the Cameroon border.

Our man in Cameroon is Michael S. Hoza, a career Foreign Service Officer with 29 years of service abroad.  He has served at eleven different Foreign Service posts in Africa, Asia, and Europe; and he also served in the State Department’s Bureau of African Affairs in Washington, D.C.   He assumed his duties as Ambassador to the Republic of Cameroon on August 22, 2014. He was nominated by President Barack Obama on July 31, 2013 and confirmed by the Senate in July 2014.

Below are some photos from Ambassador Hoza’s visit to Rey Bouba in the North Region, where he was welcomed by a representative of Lamido Abdoulaye Aboubakary and members of the community. More photos here.

hoza2

Lamido of Rey Bouba representative and community welcomes Ambassador Michael S. Hoza on February 12, 2015. (US Embassy Cameroon/FB)

hoza1

Ambassador Michael S. Hoza with Cameroonian security forces on February 12, 2015. (US Embassy Cameroon/FB)

hoza5

Ambassador Michael S. Hoza is honored by Rey Bouba community luncheon on February 12, 2015. (US Embassy Cameroon/FB)

hoza4

Ambassador Michael S. Hoza is honored with traditional leadership attire by Rey Bouba community members. (US Embassy Cameroon/FB)

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US Embassy Bangui: Escalating Violence, Continue to Shelter in Place

Posted: 1:15 am EDT
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Excerpt from the Warden Message:

Violence and looting continued on September 27 and into September 28 in Bangui. We are receiving reports that many roads remain blocked, including the road to the airport; weapons continue to be discharged by armed persons; and large crowds are forming in several locations in the city of Bangui. U.S. citizens should continue to shelter in place and avoid any non-essential movements. The U.S. Embassy in Yaounde has been designated to provide consular services for U.S. citizens currently remaining in CAR. U.S. citizens who are in Bangui should contact Embassy Yaounde at (237) 22220-1500 to report their location. If you are working for an NGO or international organization, please include that information.

U.S. citizens who have decided to stay in CAR despite the travel warning should regularly review their personal security situation. Embassy Bangui cannot provide consular services to U.S. citizens in CAR at this time. U.S. citizens in need of assistance should contact the U.S. Embassy in Yaounde, Cameroon.

Secretary Kerry announced the resumption of limited operations at the U.S. Embassy in Bangui on September 15, 2014.  U.S. citizens in need of routine assistance are advised to contact the U.S. Embassy in Yaounde, Cameroon by email to YaoundeACS@state.gov.

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