14 Aug

The owner of Clean On Green and two employees were recently indicted on federal charges of conspiracy to violate the False Claims Act and bribing a government official after authorities uncovered what they believe to be a fraudulent practice of subbing out samples submitted for drug testing with samples that would not test positive. Clean On Green worked with the Probation Office of Western North Carolina to provide follow-up drug counseling and testing services through a contract with the federal government.

The collection and testing of urine samples was used by the Probation Office to monitor those who had been convicted of a drug-related charge and ordered to stay clean as part of their probation. According to the criminal complaint against the three men, on several occasions, individuals on probation were allowed to bypass urine sample protocols for $50 or $60. Essentially, the men were accused of turning the other cheek when fraudulent samples were submitted.

In addition, the men are accused of falsely reporting attendance by probationers at required drug counseling sessions. Again, the men allegedly accepted cash payments for falsifying the attendance records.

The men are facing substantial criminal penalties if convicted of the federal conspiracy and bribery charges. The conspiracy charge alone has a carries a maximum 10-year prison sentence if convicted along with a $250,000 fine.

Federal conspiracy charges require a skilled criminal defense attorney. There is no requirement that a conspiracy be in writing to be considered a criminal enterprise. A conspiracy is simply an agreement between two or more people to commit a criminal act. A conspiracy charge allows the government to hold a person responsible for all criminal aspects of the conspiracy even if that person only had a very small role in the criminal act or enterprise.

Source: Charlotte Observer, “N.C. rehab employees indicted for bribery and conspiracy,” August 12, 2013