O.U.R. Operative & Donor Awaits Sentencing for $100 Million Medicare Fraud

For additional articles covering OUR, please go to ACJ Investigates- Derailed: Operation Underground Railroad

Andrew McCubbins was a self-proclaimed billionaire and rising star in Operation Underground Railroad. McCubbins also was the lead investor for Sound of Freedom, the unreleased biopic about Tim Ballard. Just weeks after Lynn Packer announced the Davis County District Attorney’s criminal investigation into Tim Ballard and Operation Underground Railroad back in August 2020, the District of New Jersey, United States Attorney’s Office announced the indictment of six people in the largest alleged fraud loss in United States history– totaling over $4.5 billion. One of those involved was Andrew McCubbins, who had pled guilty to an unrelated $100 million medical fraud scheme before the indictment and to date awaits sentencing. The walls may be closing in for Tim Ballard.

Staci and Andrew McCubbins at Operation Underground Railroad’s 5th Annual Gala in October 2017.

Behind Paul Hutchinson, Andrew McCubbins was Operation Underground Railroad’s chief non-celebrity V.I.P. and rainmaker. According to his interview on The Jimmy Rex Show, Jimmy and McCubbins had went on nine operations together with Operation Underground Railroad. After the fallout between Tim Ballard and Paul Hutchinson following the August 2019, whiteboard meeting, McCubbins had become one of Operation Underground Railroad’s chief financiers and pay-to-play operatives who enjoyed the “finest things in life” playing secret agent in a third world countries.

Andrew McCubbins’ resume reads like your typical A-list Operation Underground Railroad partner and donor. Like clockwork, two different publications and an interview by Jimmy Rex flawlessly describe McCubbins as if they’re filling out a fluffy obligatory Operation Underground Railroad prerequisites “Young, up and coming entrepreneur from Utah with numerous successful multi-billion-dollar businesses” (we we unable to confirm if his businesses were in fact in the multi-billion-dollar range) and of course, he’s a philanthropist.”

According to The Jimmy Rex Show-

Andrew McCubbins is an entrepreneur and a philanthropist who has started several successful multibillion-dollar businesses. His businesses range from marketing, Internet marketing, and medical software. He also started a revolutionary telemedicine business which provides 24/7 care to patients from the convenience of their home. McCubbins believes entrepreneurs can use their skills to solve problems that afflict the world we live in today. It was his experience in the various initiatives he took part in before that equipped him with the skill to identify the problems and find a solution that enabled him to start Bronson Medical

It’s clear from the moment you read these bios, even the most casual of comic book readers know they’re not the words, description or perception of some writer or clueless interviewer, it’s DC Comics character bio sheet of Bruce Wayne/Batman.

Young Upstarts, which claims to be the Voice of a New Generation, writes in an October 27, 2017, feature piece (not just some back filler, but feature material),

By night he [McCubbins] trains with ex-special special forces. He takes part in missions with Tim Ballard and Operation Underground Railroad rescuing enslaved sexually exploited children Haiti, Columbia and Mexico (or sometimes Columbia).

These are practically the same cringy character bios they’d slap on the back of GI Joe action figures packaging which only eight-year-old boys found “cool”. and those phony patriot types-ya know doomsday preppers and anti-vaxxers.

Actually, let’s take a look at some of the G.I. Joe bios…

It just so happens that the current generation of Hasbro’s G.I. Joe series is called “The Classified Files”. I gotta admit “Chuckles” does seem Tim Ballard inspired.

Like Paul Hutchinson and so many “young entrepreneurs and philanthropists” before him, McCubbins flair for the theatrical and quotes are so mysterious and oozes hints of Bruce Wayne alpha Chad lurking underneath, a Batman figure who punishes the bad guys and protects his city of Gotham, with cunning intellect and wide array of gadgetry being developed for the military.

Just a few weeks earlier on October 11, 2017, McCubbins was interviewed by Inspirey which began as a “how’d you become some damn rich” interview, into a gushing Operation Underground Railroad advertisement- that started right with his introductory bio;

As opposed to most wealthy individuals who simply write checks to fund noble causes, Andrew spent years vigorously training with Navy SEALS and other Special Forces organizations honing his skills such as hostage rescue and escape, room clearing, tactical driving techniques, weapons training, surveillance and counter-surveillance, and hand to hand combat training currently taught to the CIA and Homeland Security.  He uses these skills to participate in the actual undercover and rescue operations throughout Mexico, Haiti, and the Dominican Republic.  To date, he has personally been involved in the rescue of 74 children and the arrest of 24 traffickers and pedophiles.  For more information about the rescue efforts currently underway, please visit http://www.OURRESCUE.org

Of course, no shameless O.U.R. advertisement would be complete without plugging Tony Robbins latest event, that despite being a “multi-billionaire’ that nobody has ever heard of,

What is a recent purchase you have made that’s helped with your business?

A Tony Robbins “Unleash the Power Within” event ticket.  I have to be honest though, I didn’t have to pay for the event.  I traveled to Haiti with Tony and Operation Underground Railroad and got to know how incredible of a man he is.  After the trip to Haiti, Tony invited a few of us out to LA for one of his events as his personal guests.  It was the first event of his I’d attended and it was unbelievably transformational.  It was amazing how inspirational it was.  Not only for me but others too.  Among his other personal guests attending the event along with us were celebrities such as Kanye West, Kim Kardashian, Kylie Jenner, Carmen Electra, supermodels, billionaires etc.  I was surprised at how inspirational the event was for them as well.

And he didn’t have to pay for it! Tony Robbins spent his entire life sucking every last dime out of people who are not poor, but BROKE! People living in cars with their children eating wet dog food, just so Tony can teach them one of the oldest scams grifters were using before people knew how to read and write- walking on coal. A multi-billionaire doesn’t need to attend another Tony Robbins “Unleash the Power Within” seminar. You couldn’t give it to the dishwasher working the Operation Underground Railroad gala at the Mariott?

What are the three most valuable possessions, accomplishments, or treasures you possess?

  1. My wife Staci McCubbins
  2. My children Drew and Brighton McCubbins
  3. My work with Operation Underground Railroad http://www.OURRESCUE.org

Department of Justice announces the largest amount of alleged fraud loss ever charged – $4.5 billion 

Weeks after the Davis County District Attorneys Criminal Investigation into Tim Ballard and Operation Underground Railroad was announced by Lynn Packer and American Crime Journal, U.S. Attorney Craig Carpenito, District of New Jersey, announced charges against six people in the largest amount of alleged fraud loss ever charged in United States history– $4.5 billion.

On September 30, 2020, The United States Attorney’s Office, District of New Jersey, announced they had indicted six individuals for their involvement in a massive nationwide prescription medication and medical equipment telemedicine scheme totaling $4.5 billion in false and fraudulent claims submitted by more than 86 criminal defendants in 19 judicial districts around the country – related to nationwide schemes involving telemedicine: the use of telecommunications technology to provide health care services remotely, according to the statement.

On September 3, 2020, Elan Yaish, 51, of Tel Aviv, Israel; Ethan Welwart, 66, of Staten Island, New York; and William “Ben” Welwart, 32, of North Brunswick, New Jersey appeared before U.S. Magistrate Judge James B. Clark III.

In a separate complaint dated September 10, 2020, David C. Laughlin, Jr., 46, of Buckeye, Arizona; Mark Belter, 46, of North Ridgeville, Ohio and Stephen Luke, 52, of Phoenix, Arizona; appeared before U.S. Magistrate Judge Leda Dunn Wettre and were charged for their roles in the same scheme.

In a separate complaint, William “Ben” Welwart, 66, of Staten Island, New York; Ethan Welwart, 32, of North Brunswick, New Jersey; and Elan Yaish, 51, of Tel Aviv, Israel, also were charged with conspiracy to violate the Anti-Kickback Statute for their roles in the same scheme. 

Elan Yaish, Ethan Welwart, William “Ben” Welwart, 32, of North Brunswick, New Jersey had their preliminary hearings before U.S. Magistrate Judge James B. Clark III on Sept. 3, 2020. Belter, Laughlin, and Luke made their appearance before U.S. Magistrate Judge Leda Dunn Wettre on Sept. 10, 2020.

In the same press release, Attorney for the United States Rachael A. Honig, District of New Jersey, announced guilty pleas from three defendants in three cases:

Christian Mohases, 38, of Santa Ana, California, pleaded guilty by videoconference on Sept. 24, 2020, before U.S. District Judge Kevin McNulty to an information charging him with one count of conspiring to commit health care fraud and one count of conspiring to defraud the United States in connection with a scheme to violate the Anti-Kickback Statute.

Luis Roa, 51, of Santiago, Chile, pleaded guilty by videoconference on Sept. 24, 2020, before U.S. District Judge Kevin McNulty to an information charging him with one count of conspiring to commit health care fraud and one count of conspiring to defraud the United States in connection with a scheme to violate the Anti-Kickback Statute.

and finally….

O.U.R.’s $100 Million Man

Andrew McCubbins, 39, of Draper, Utah, the owner of a telemedicine company, pleaded guilty by videoconference on Sept. 24, 2020, before U.S. District Judge Kevin McNulty to an information charging him with one count each of conspiring to commit wire fraud, conspiracy to commit health care fraud, and conspiring to defraud the United States in connection with a scheme to violate the Anti-Kickback Statute.

READ: Andrew McCubbins Guilty Plea

Andrew McCubbins pled guilty in a quiet backroom deal before one of the largest health care fraud indictments was revealed. Before the indictments were made public by the United States Department of Justice, Andrew McCubbins had already pled guilty to one count each of:

  1. Conspiring to commit wire fraud
  2. Conspiracy to commit health care fraud
  3. Conspiring to defraud the United States in connection with a scheme to violate the Anti-Kickback Statute

According to the District of New Jersey, United States Attorney’s Office:

McCubbins owned and operated a telemedicine company based in Utah that purported to provide health care services through health care professionals to Medicare beneficiaries. McCubbins and others paid kickbacks and bribes to various parties in exchange for referrals and orders for medically unnecessary genetic cancer screening tests (CGX Tests) for Medicare beneficiaries, ultimately leading to approximately $89 million in Medicare payments.

According to McCubbins’ indictment and subsequent “open” plea deal, “from at least as early as in or about October 2018 through in or about July 2019, in the District of New Jersey, and elsewhere, defendant did knowingly and intentionally conspire and agree with others to devise a scheme and artifice to defraud and to obtain money and property by means of materially false and fraudulent pretenses, representations, and promises, and, for the purpose of executing such scheme and artifice to defraud, to transmit and cause to be transmitted by means of wire communications in interstate and foreign commerce, certain writings, signs, signals, pictures, and sounds, contrary to Title 1g, United
States Code, Section 1848″.

McCubbins Information and Plea Deal documents is extremely vague and odd. McCubbins’ isn’t named as an official witness against the other defendants but mentioned as being charged “in a separate case”.

Under federal law, all proceeds and acquisitions obtained directly, or indirectly from ongoing criminal conspiracies and enterprises are subject to the Asset Forfeiture Program (AFT). According to the Department of Justice, Asset forfeiture is designed to deprive criminals of the proceeds of their crimes, to break the financial backbone of organized criminal syndicates and drug cartels, and to recover property that may be used to compensate victims and deter crime.”

Upon his conviction, McCubbins was subject to the Asset Forfeiture Program.

Per court order-

FORFEITURE ALLEGATIONS

  1. Upon conviction of the offenses alleged in Counts One and Two of this
    Information, defendant MCCUBBINS shall forfeit to the United States, pursuant to
    18 U.S.C. § 982(a)(7), all property, real or personal, that constitutes or is derived,
    directly and indirectly, from gross proceeds traceable to the commission of the offense
    (as defined in 18 U.S.C. § 24) alleged in this Information.
  2. Upon conviction of the offense alleged in Count Three of this
    Information, defendants MCCUBBINS shall forfeit to the United States, pursuant to
    18 U.S.C. § 981(a)(l)(C) and 28 U.S.C. § 2461(c), all property, real or personal, that
    constitutes or is derived from proceeds traceable to the commission of such conspiracy
    offense, and all property traceable to such property.
    SUBSTITUTE ASSETS PROVISION
    (Applicable to All Forfeiture Allegations)
  3. If any of the above-described forfeitable property, as a result of any act
    or omission of the defendant:
    (a) cannot be located upon the exercise of due diligence;
    (b) has been transferred or sold to, or deposited with, a third person;
    (c) has been placed beyond the jurisdiction of the Court;
    (d) has been substantially diminished in value; or
    (e) has been commingled with other property which cannot be
    subdivided without difficulty; the United States shall be entitled to forfeiture of substitute property, pursuant to 21 U.S.C. § 853(p), as incorporated by 18 U.S.C. § 982(b)

As a condition of release, McCubbins was required to post a $1 Million bond that was co-signed and secured by property.

At that time, Andrew McCubbins was scheduled to be sentenced on February 25, 2021.

His docket has not been touched since December 2020.

download (justice.gov)

While majority of the defendants have plead either pled guilty, went to trial, was convicted and has been sentenced… some have even been released.

McCubbins awaits sentencing.

Leading some to suspect that Andrew McCubbins is a cooperating with the United States Department of Justice and/or other State’s Attorney Office(s) on other unrelated criminal investigations.

Resources and Further Reading

Andrew McCubbins: An Entrepreneur Solving World Problems From Salt Lake City, Utah – Young Upstarts

Our Inspirery Exclusive Interview With: Andrew McCubbins

Types of Federal Forfeiture (justice.gov)

download (justice.gov)

#28 – Andrew McCubbins – Mining Over 10,000 Bitcoins & More From a Visionary Business Man – YouTube

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