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SAN DIEGO (CNS) - A former executive for an Orange County genetics company pleaded guilty today to a federal conspiracy charge for paying kickbacks to physicians.Donald Joseph Matthews, 50, formerly the vice president of market development for Proove Biosciences, admitted in San Diego federal court to paying doctors at least .5 million to order the company's DNA tests for their patients, according to the U.S. Attorney's Office.In total, the U.S. Attorney's Office said Proove billed around million to the Medicare program for the tests -- which the company alleged could determine a patient's risk of drug addiction -- and received around million in reimbursements.Prosecutors said the company claimed the payments were compensation for participation in a clinical research program, but the money was actually "directly tied to the volume of tests that a doctor ordered and whether a doctor continued to order more tests from Proove over time.''In his plea agreement, Matthews admitted that without the financial compensation, ``most doctors were not interested in ordering Proove's tests for their patients.''Doctors who complained about not being paid were told to order more tests, according to the U.S. Attorney's Office.The company's Irvine headquarters was raided by federal authorities in 2017.``Our nation's healthcare system cannot tolerate kickbacks to physicians while criminals line their pockets with taxpayer-funded healthcare dollars, particularly in light of our nation's current struggles with the COVID- 19 pandemic,'' said Acting Special Agent in Charge Omer Meisel of the FBI's San Diego Division.Matthews is scheduled to be sentenced Oct. 26. He faces a maximum penalty of five years in prison and a 0,000 fine, according to the U.S. Attorney's Office. 1798

SAN BERNARDINO, Calif. (AP) — Jury deliberations have resumed in the trial of a Southern California man charged with killing a family of four and burying their bodies in the desert.Jurors last Thursday got the case brought by San Bernardino County prosecutors against 62-year-old Charles "Chase" Merritt. The jury was off Friday and deliberations started again Monday.Merritt's business associate Joseph McStay, McStay's wife Summer and the couple's 3- and 4-year-old sons vanished from their San Diego County home in 2010. Three years later, their bodies were found in shallow desert graves more than 100 miles (161 kilometers) away.Merritt was arrested in 2014. Authorities said they traced his cellphone to the gravesite area and to a call seeking to close McStay's online bookkeeping account.If Merritt is convicted, prosecutors will seek the death penalty. 869

SAN DIEGO (CNS) - A 33-year-old man was in custody this morning on suspicion of trying to carjack a man in the Talmadge area.The victim was driving in the area of Euclid Avenue and El Cajon Boulevard around 2 p.m. Friday when the suspect grabbed onto the victim's vehicle and was able to get the passenger door open, Officer Robert Heims of the San Diego Police Department said.The suspect, identified as Christopher Gomez, got inside and began hitting the victim and asking for the vehicle, Heims said.The victim drove to a parking lot and got Gomez out of the vehicle. Gomez was later arrested, according to Heims.It was unclear whether the driver sustained any injuries. 681

SAN DIEGO (CNS) - A complaint was filed Friday on behalf of an asylum-seeking Honduran family -- which includes a newborn U.S. citizen born in Chula Vista -- that was sent across the border to Mexico to await asylum proceedings two days after the child's birth.All four family members, including the newborn who lacks legal immigration status in Mexico, were ordered across the border by Border Patrol agents, according to the joint administrative complaint filed by the American Civil Liberties Union and Jewish Family Service.The organizations have asked the U.S. Department of Homeland Security Office of Inspector General to conduct an investigation into the family's case. They say the family should have been allowed a legally required non-refoulement interview regarding the family's fears of being sent to Mexico.Reached for comment, a CBP spokesperson said, "As a matter of policy, CBP does not comment on pending litigation. However, lack of comment should not be construed as agreement or stipulation with any of the allegations."The complaint alleges the family -- father, pregnant mother and 9-year- old son -- fled Honduras about a year ago and turned themselves in at the U.S.-Mexico border in San Diego on June 27, one day before the mother gave birth to her son. As she was giving birth at Scripps Mercy Hospital in Chula Vista, her husband and son were not told which hospital she was taken to and were ordered back across the border, according to the complaint.After giving birth on June 28, the mother was "interrogated" by Border Patrol agents, according to the complaint, which says the woman asked the whereabouts of her husband and older son but was not given any information by the agents.The ACLU and Jewish Family Service allege the family should have been provided a non-refoulement interview, with both father and mother expressing fears about being returned to Mexico, but instead the mother and newborn were forced across the border on June 30.The complaint also alleges the family tried to enter the United States in March near the U.S-Mexico border in Texas and stated fears over being turned back to Mexico, but were also turned away without being provided a non-refoulement interview. They were told to return weeks later for an immigration hearing, but COVID-19 led to a postponement of their court date.While forced to wait in Mexico, the complaint alleges the family was "accosted and detained by a group of armed men who attempted to extort them."The family is now staying in a rented room in Tijuana, "and neither the newborn, nor his mother, has received any medical care since the birth," in contradiction of guidance from Scripps Mercy Hospital to have follow-up visits with doctors, according to the ACLU and Jewish Family Service."This family should have been granted release into the U.S. to await their asylum proceedings, as the Department of Homeland Security has done with more than 23,500 individuals -- all in family units -- over the past 1.5 years across the San Diego border region," said Luis M. Gonzalez, supervising immigration attorney with Jewish Family Service. "We urge Homeland Security to grant this family entry into the U.S. immediately to keep the family together and allow for adequate care for the U.S. citizen newborn child and for the mother's postpartum medical care."The complaint alleges that not providing the family with a non-refoulement interview violates U.S. law and Department of Homeland Security policies. The organizations demand the family be paroled together in the United States while they await asylum proceedings."This case reflects many of the lived horrors of both the so-called `Migrant Protection Protocols' and Border Patrol impunity," said Mitra Ebadolahi, an ACLU senior staff attorney. "No family should have to endure what this family has experienced. Together with Jewish Family Service, we are demanding a full investigation. The agency must be held to account for its disregard of basic human rights and its policy and legal transgressions." 4050

SAN DIEGO (AP) — A U.S. sailor has pleaded guilty to two counts of espionage and was sentenced to three years after admitting he took classified information about the Navy's nuclear-powered warships and planned to give it to a journalist and then defect to Russia, officials said Friday.U.S. Navy Petty Officer 2nd Class Stephen Kellogg III wished to publish an expose on waste within the military and admitted he wanted to share the information with Russians, said Jeff Houston of the Naval Criminal Investigative Service in an email to The Associated Press.According to Navy court documents, Kellogg, 26, was in contact with Sevmash, Russia's largest shipbuilding enterprise and only nuclear submarine producer. He admitted he knew releasing the information could degrade the ability of nuclear-powered warships, and therefore cause injury to the United States.Neither Kellogg nor his lawyers could be immediately reached for comment.Authorities learned of his plans after arresting Kellogg, on Aug. 27 for drunken disorderly conduct at the San Diego airport where he was stopped by a Delta Air Lines employee from boarding a flight to New York City because he was being belligerent, according to court documents.He had bought a one-way ticket and planned to meet a friend from high school who is a journalist who lives in New York City and told the person he had a big story, according to investigators and court documents.Kellogg knew if the information became public, potential adversaries would likely know the capabilities and limitations of the United States' nuclear-powered warships, according to his pre-trial agreement.Kellogg, who joined the Navy in 2014, was a nuclear electrician's mate with access to classified information relating to the capabilities, operations and maintenance of the Navy's nuclear propulsion systems. He served aboard the USS Carl Vinson from 2016 to 2018 and said he could draw and explain the majority of the ship's critical nuclear propulsion plant systems from memory, according to court documents."This sailor's attempts to disclose classified Navy nuclear propulsion information posed a significant threat to national security and endangered the lives of American service members," FBI Special Agent in Charge Garrett Waugh said in a statement.Kellogg admitted to telling his roommate that he planned to defect to Russia and had searched the Internet for information relating to flights to Moscow, contact information for the Russian Consulate in San Diego, and wrote to an email address associated with Sevmash and called the company six times. It is unclear if the shipbuilder wrote back.Around the same time, he told a childhood friend that he wanted to get out of the Navy and that I "might go Ed Snowden," referring to the former National Security Agency contractor who exposed U.S. government surveillance programs by disclosing classified material.Though Kellogg pleaded guilty to two counts of violating the Espionage Act, his military defense attorneys told the judge at Naval Base San Diego before his sentencing that he was not a spy but rather had a drinking problem and may have been suffering from depression.People who know Kellogg, they said, described him as harmless and someone just trying to get attention. The defense also pointed out that Kellogg had left his passport at his San Diego apartment, undermining claims he was headed to Russia.Authorities said Kellogg also admitted to photographing areas containing sensitive information about the Navy's nuclear propulsion program on the ship, and then sending the photos to his father and ex-girlfriend.He told authorities he stored classified information in his berth, violating protocol, according to the FBI.He will receive a dishonorable discharge and a reduction in rank."This type of behavior has no place in our military," said Cmdr. Nate Christensen, deputy spokesman of the U.S. Pacific Fleet. 3925

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