John Yeh’s Sentence Announced.
The verdict is in.
John Yeh is sentenced for 108 months. His brother Joseph’s sentence is 55 months.
Source: IDeafNews at Facebook https://www.facebook.com/pages/i-DEAF-NEWS/192104368911
There will be more updates, so keep checking that site. i.Deaf News, thank you for the live reporting.
My opinion? There is a severe miscarriage of justice here. The whole thing had been bothering me from the beginning. Why were John Yeh and his group arrested, but not the employees of other VRS companies? From looking at Ed Bosson’s chart, a good number of other VRS companies were engaging in this fraud, yet they weren’t held legally accountable. What gives? Were John Yeh and others prosecuted because they are in a minority (Deaf) and their company small? I am sure the fact that the size of their company being small is a significant factor, yet there is a nagging feeling that he may have been targeted because his company is Deaf owned and operated by Deaf employees. Is this nagging feeling valid or not? I don’t know. What are your thoughts?
The verdict is in.
John Yeh is sentenced for 108 months. His brother Joseph’s sentence is 55 months.
Source: IDeafNews at Facebook https://www.facebook.com/pages/i-DEAF-NEWS/192104368911
There will be more updates, so keep checking that site. i.Deaf News, thank you for the live reporting.
My opinion? There is a severe miscarriage of justice here. The whole thing had been bothering me from the beginning. Why were John Yeh and his group arrested, but not the employees of other VRS companies? From looking at Ed Bosson’s chart, a good number of other VRS companies were engaging in this fraud, yet they weren’t held legally accountable. What gives? Were John Yeh and others prosecuted because they are in a minority (Deaf) and their company small? I am sure the fact that the size of their company being small is a significant factor, yet there is a nagging feeling that he may have been targeted because his company is Deaf owned and operated by Deaf employees. Is this nagging feeling valid or not? I don’t know. What are your thoughts?
November 30th, 2011 at 12:57 pm
That could be possibly true!
I wonder why didn’t the FCC and the federal government go after all culprits of fleecing the telephone relay service (TRS) funds to recoup all misused VRS calls.
To the FCC and federal government, real easy to scapegoat the deaf-owned company by foreign-born deaf individual to silence the critics of misplaced VRS calls for an easy victory!
I was told by numerous individuals NOT to make my presence at Yeh’s sentencing trial which I did not know what John Yeh and the Viable, Inc. , have done so far.
The government’s legal case was flimsy from the beginning with all kinds of delays.
The case against the Yehs and Viable, Inc., should be thrown out in the first place based on the violation of the 14th Amendment for not equally targeting other VRS companies within fraudlent VRS calls.
RLM
November 30th, 2011 at 1:43 pm
I agree. Sorenson was also doing the dirty stuff, and they got away with fines (as did a couple other companies). I don’t understand why their execs weren’t arrested either. Unless it was the case that the Yehs refused to pay a fine, while the others were willing to do that?
November 30th, 2011 at 1:57 pm
Try looking at white label law.
November 30th, 2011 at 2:10 pm
Hi Eliz, I feel the sentence was justified. And, as much as I love and adore Ed Bosson, he was representing another VRS Company at the time of his statements. Best to ask FCC Greg Hlibok the facts. Many companies had to pay back FCC for the amts billed for minutes used by their Employees i think, vs Viable’s outright bilking of Consumers. So the charge is not the same, nor do they deem it as a crime unless the company did not pay it back that is when it would be a problem. But hey, don’t take my word for it – I am sure there is more to it but get the facts from the right source – the FCC themselves. Thanks.
November 30th, 2011 at 2:12 pm
I agree. It’s a sad day for all of us. Injustice happened in front of us today and yet many deaf people had nasty thing to say to this friend of mine, John. It taught me one thing. We live in a cruel world. Just saw John’s video statement to the world. Am touched by his spirit and message. I’ll continue to keep in touch with him and make trips to visit him wherever he ends up. Going to be with him through thick and thin until he comes out.
November 30th, 2011 at 2:17 pm
Was not the VRS fraud first outed by whistle-blowers who were Viable and/or ex-Viable employees?
I think there was a number of reasons that the feds targeted Viable and the Yehs, not just because Viable was a deaf-owned company.
November 30th, 2011 at 2:25 pm
With other corporations having bigger budgets and possibly lawyers on staff, it makes sense that the DOJ would target the smaller and weaker businesses and make examples of them, therefore controlling the activities of the bigger businesses.
It would be fairer to go after ALL of them and treat ALL equally in terms of restitution and punishment. No one should be let off easy just because they have the better-paid legal staff.
November 30th, 2011 at 2:34 pm
Don G, I do agree with you about Sorenson is dirty business. sometime why they cannot wavier to John Yeh or his brother, either.
108 month.. That mean one years prison service?
November 30th, 2011 at 3:15 pm
I honestly hope this has nothing to do with the minority status of Viable. I’ve not been following this closely for quite some time. Do I feel that it was wrong for Yehs to be sentenced? No, not at all. Ample evidence showed him committing fraud. That’s not the issue. I just don’t understand why the employees of other companies weren’t convicted, even though they paid back the money. Fraud is fraud.
There is a lot I’m not privy to. As you know, I’ve been out of scene for some time. However, I’ve seen big corporations, including foreclosure companies, investment corporations, and banks, etc, getting away with fraud. So there is a feeling of deja vu here: the big companies getting away with crime scot-free again.
Overall, I still think it’s best that all the guilty ones face the legal consequences, not few people.
November 30th, 2011 at 3:16 pm
I am not believing my eyes. Do you all have that mistrust with the DOJ? Viable has stolen millions; more than any other VRS companies. Do you think DOJ would be that biased? Come on, get real. It has nothing to do with being deaf or whether the company was small. Viable should have been held accountable. 108 months is not enough; I thought that the judge was very lenient.
TheHolism: the sad part is that our tax money was used to funnel corrupted activities. Don’t forget that.
Diannerz: the DOJ has attacked larger corporations. Look at Enron for example!
Come on people! Get real.
November 30th, 2011 at 3:20 pm
108 months equals nine years. I was thinking. Yeh gets nine years while Dr Conrad received four years for his role in Michael Jackson’s death. Personally I think the doctor should get a much lengthy sentence. lets’ say ten years?, but that’s just my opinion. Some of the sentencing don’t make much sense. oh well.
November 30th, 2011 at 3:22 pm
I also would like to add that the Courts have found that 67% of the calls were fraudulent and he stole about 29.5 million – court documents say. Those are the facts, no bias.
November 30th, 2011 at 3:23 pm
I think CantheCant got it, the white label law. Viable isn’t a certified VRS provider while the others are. That may be the reason.
November 30th, 2011 at 3:27 pm
Ann C, yes there were some whistle-blowers from Viable. I am not sure, but i think there was at least one whistle-blower of another company.
The white label law makes a lot of sense why Viable was convinced while others got away. Since then, FCC became strict with the uncertified VRS providers and is in the process of determining who stays and who gets out.
November 30th, 2011 at 3:29 pm
Because Yeah was senteced in federal court, I believe there is no parole??? Will Yeh appeal? Can he appeal?
9 years is a long time…not sure if it fits the crime….
November 30th, 2011 at 3:42 pm
JJ,
Federal crimes have what we call “truth-in sentencing” where they must serve at least 85% of their sentence pending good time.
Formally, parole does not happen in federal crimes, but the level of their punishment can be moved from prisons to halfway homes or to house arrest (see Martha Stewart).
Hope this helps.
November 30th, 2011 at 3:46 pm
I agree with D.
Here is more information…. http://www.gazette.net/article/20111130/NEWS/711309069/1022/founder-of-rockville-deaf-services-company-gets-nine-years-for-fraud&template=gazette
November 30th, 2011 at 4:13 pm
Also, A.D.A is very confusing and weakness with DOJ and not make a sense if they are happy with ADA.. My answer is not seem good legal for any kind of disabilites.
Unfair for Deaf often struggle to became own their small business.. not very many.. Hearing people can figure and how to know budget business,etc.
Unfortunely, Barrier is too much work on Deaf or hard of hearing or Deaf-Blind want to work!! Something Deaf people raise about A.D.A are often difficult accommodation for us.
November 30th, 2011 at 4:24 pm
Sadddly, really pissed the hearies who were very nosy on the deaf owned business before it busted in June 2009. Viable should not hire hearing people without knowing ASL. I got a small rumor that they hired a hearing person without ASL as a janitor. He likes looks clumsy. So they don’t mind what kind of who he is. Besides, he actually was nosy on what they do or have and informed to the agents. The hearies are woodpeckers. Keep them out of deaf-owned busines please if they don’t know ASL. The hearies concerned on Viable only but they didn’t concern on BIS vrs, Purple, etc. What about BIS? It may worser than Viable. BIS employers were greedy and won’t give $$$ to the employees. I wish I could slam on the hearing informants who are dumb because they aren’t familar with other vrs business.
November 30th, 2011 at 4:48 pm
Let me understand this (white label law):
Are you saying that Viable and the Yehs were convicted on the basis of the company not being certified as a VRS provider?
Did the FCC have regulations in place for certification before the VRS fraud scandal blew? Or was this an afterthought in light of the VRS fraud?
Just asking for some clarification here.
November 30th, 2011 at 6:42 pm
Misha,
Can you put up the link to Ed Bosson’s chart that you mentioned in your post, “From looking at Ed Bosson’s chart,”?
Thanks!
Snorkie
November 30th, 2011 at 7:16 pm
Ann C: Good questions and it happened after the fact. FCC NPRM and Order April 2011: Structure and Practices – http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-655A1.pdf
Again, I caution ppl to check with FCC directly instead of assuming or relying on other providers to tell you what you wish to know regarding fraud. Today marked an interesting time in VRS history, alot more mixed reactions than there should be. That is okay, we all live and learn.
November 30th, 2011 at 7:42 pm
Number # 11 — It is true. The judicial system is flawed.
December 1st, 2011 at 3:06 am
D, distrust of DOJ? well, personally I’m very thankful of DOJ as it was a big asset in my lawsuit against the local hospital.
However, can you deny that many corporations in few industries have been engaging in unethical practices lately that ended up endangering the economic health of this country? I don’t see DOJ going after all of them. Instead, the biggest companies received both public and private bail outs from the federal government on the mentality on their being too big to fail and will devastate the economy further. Does this sounds somewhat familiar? Why are there countless Occupy protests going all over this country? DOJ isn’t perfect and unfortunately a lot of politics are involved. Whenever politics are involved, it is usually not for the best.
There were fraud perpetuated by other VRS companies. This cannot be denied. Yes, they returned the monies obtained fraudulently. Yet they faced no legal consequences for their illegal activities. Even though they are certified while Viable isn’t, they should be held still accountable and should be penalized for the thefts. Like I said, fraud is fraud. If fraud wasn’t involved, then no monies would have been returned. These monies weren’t obtained by innocent mistakes. They were deliberate thefts. Once Viable was raided by the feds and the employees arrested, the billing amount of other VRS companies drastically dropped.
Innocent mistakes? If you believe that, I have a beachfront lot on sale for dirt cheap in Colorado. a real bargain. Better buy it quickly before others get it!
Sheri, I hear you. We’ll need to agree to disagree here.:) Peace. Ed Bosson works in a VRS provider, yes, and he constitently acknowledges this publicly. He also have provided reliable data over the years and so far his credibility appears to be solid. What is undeniable are two facts: that some VRS companies dropped their billing quotas immediately and returned the funds. They are too big to fail. Viable isn’t.
This is my opinion and I could be wrong, but for now, this is how I see it.
December 1st, 2011 at 3:44 am
Shit happens.
December 1st, 2011 at 12:38 pm
Ann C, Viable not being certified appears to play a significant role. The cleaning up of non-certified VRS providers resulted from this fraud fiasco.
December 1st, 2011 at 12:40 pm
Why was and still is it so difficult for deaf-owned VRS providers to be fully certified?
Something to ponder: If the deaf-owned Viable has the resources to get the certification as easily as the hearing VRS providers, would Yeh be in this straits or would he go scot-free like the hearing VRS providers? We will never know, but it’s worthy keeping this in mind.
December 1st, 2011 at 2:55 pm
The real question-
Did Viable get the same opportunity to pay the fine offered by the federal government and resume back to the business exactly the same that other VRS industries did?
If they were offered to do that and decided to challenge by going to the court then I have no choice but to agree with the sentencing. However, if they were not offered then we the Deaf community should do something in order to protect our Deaf owned business. It is because these kind of stories are old and often makes us a victim as a community not an individual.
In that case- we will change the history.
December 1st, 2011 at 7:33 pm
I think Ed has a responsibility to come forth and clearly explain his role and his assumptions. He is not the FCC. His bias is for a VRS Company which I understand, also had to pay back $. Companies big and small – all did and the pt is, that issue related to employees, is SEPARATE from the reason Viable was charged. Different reasons completely.
FCC should be explaining this fairly and squarely instead of allowing Ed to explain it for them or else Ed needs to explain its his opinion instead of giving the impression to people that it is FCC who told him?
“CantheCan’t”s” comment verifies for me that there is a huge misunderstanding. To respond to the question: below is press release where in fact they did ask for the $20mil to be repaid: Department of Justice
Office of Public Affairs
FOR IMMEDIATE RELEASEThursday, December 1, 2011
Maryland-Based Viable Communications, Its Owner and a Former Executive Sentenced for Roles in $20 Million Fraud Scheme
WASHINGTON – The owner and the former vice president for corporate strategy of Viable Communications Inc. were each sentenced yesterday to 108 months and 55 months in prison, respectively, for their roles in a scheme that defrauded the Federal Communications Commission (FCC) of at least $20 million, announced Assistant Attorney General Lanny A. Breuer of the Justice Department’s Criminal Division and FBI Assistant Director in Charge James W. McJunkin of the Washington Field Office.
John T. C. Yeh, the owner of Viable, a Rockville, Md., company, and his brother, Joseph Yeh, the former vice president for corporate strategy, were also ordered to pay $20 million in restitution to the FCC. Viable pleaded guilty to conspiracy to commit mail fraud and **********was ordered to forfeit $20 million and pay $20 million in restitution to the FCC. ***********
John Yeh, 64, Joseph Yeh, 66, and Viable were sentenced by U.S. District Judge Joel A. Pisano in Trenton, N.J. Both executives were indicted on Nov. 19, 2009, along with Viable and other employees of Viable, and pleaded guilty to conspiring to commit mail fraud in October 2010. In connection with their sentencings, both men admitted to defrauding at least $20 million from the FCC’s Video Relay Service (VRS), a program designed to pay for services for the hearing disabled.
John Yeh and Joseph Yeh admitted that beginning in approximately fall 2007, they conspired with others to pay individuals to make fraudulent VRS phone calls using Viable’s VRS service. According to court documents, both men paid employees of Viable, who then paid others to make the fraudulent phone calls. Viable then submitted the fraudulent call minutes to the FCC and was paid approximately $390 per hour for all VRS calls that Viable processed.
VRS is an online video translation service that allows people with hearing disabilities to communicate with hearing individuals through the use of interpreters and Web cameras. A person with a hearing disability who wants to communicate with a hearing person can do so by contacting a VRS provider through an audio and video Internet connection. The VRS provider, in turn, employs a video interpreter to view and interpret the hearing disabled person’s signed conversation and relay the signed conversation orally to a hearing person. VRS is funded by fees assessed by telecommunications providers to telephone customers, and is provided at no cost to the VRS user.
These cases are being prosecuted by Deputy Chief Hank Bond Walther and Trial Attorney Robert Zink of the Criminal Division’s Fraud Section and Brigham Cannon, former Trial Attorney in the Fraud Section. The cases were investigated by the FBI’s Washington Field Office, the U.S. Postal Inspection Service and the FCC Office of Inspector General. http://www.justice.gov/opa/pr/2011/December/11-crm-1564.html
________
Last but not least, the certification issue did not have anything to do with this case. At that time, it was not even an issue. The certification issue did not even surface until the VRS Reform panel occurred and brought up by ppl like myself and Ed who were in favor of certification and stricter rules.
The reason why I ask ppl to treat this separately and to end the blame all game is because, right now, we are in a very precious position about keeping VRS as a service with the option to call different Providers. The FCC is looking at making even more changes since the April NPRM I shared with Ann C above, they are now wanting to reform BECAUSE of the Viable fraud, stillllll stuck on that case, and because of the SIZE of the TRS Fund, they are thinking of changing how they pay Providers from the rate per minute to a per consumer rate. Meaning what? Whoever has the largest number of consumers gets paid the most, per month, = And limiting the consumer to only 1 provider, amongst other things. THIS is what we need to focus our attn on NOW or else lose our “choices” of whom we use to make our VRS calls. Some of you stick to one provider only. But many of us, change providers often depending on what device we are using and where ( at home or at work) and whether or not we are satisfied with the Provider at that time. For example, I had to call my Insurance about something important. The provider i used, royally screwed up. I hung up and redialed to another provider to the ins co to finish my call. This in reality should not be what happens but it does! Many of you tell me the same stories over and over about why choices are important to you! That is what we are fighting to keep and to oppose this new reform. Who is “we”? TDI, NAD, NVRSC, and Calif Coalition of Agencies Serving the Deaf. If you want to see the ex parte filings we have made re our mtgs with FCC on this subject, they are there on FCC’s docket.
Thanks.
December 2nd, 2011 at 7:14 am
sheri, i appreciate your long comment. i would like to clarify some things from my pov, but please keep in mind that i am not speaking for others, only for myself.
never did i get the feeling ed bosson was speaking for fcc as i’m already aware of his bias. my impression is that he has been filling a void as nobody else is sharing the information with the deaf community. if someone feels the deaf community isn’t getting a clear picture of why this is happening, it would be nice for someone knowledgeable in this field with no conflict of interests to clarify for them publicly since it’s of utter importance for the deaf community.
the certification issue may be an separate issue from the fraud, but it appears to be a strong factor in the legal disciplinary part, as far as i can see as a causal bystander. i am not sure how i am doing the blame part. i question the uneven disciplinary approaches. in no condition do i ever condone what the yehs and their cahoots have done, but i also cannot fairly condone the fraudulent actions of other companies and their lack of legal consequences. so far no clear explanation had been given publicly to the deaf community regarding the disparities. in some way, i’m getting the feeling it is a ‘taboo’ subject and that there seems to be some kind of cover-up. i truly hope i am wrong, but why isn’t the information forthcoming? i’ve been on a long hiatus as a blogger and am commenting as a casual observer. I’m not doing this as an investigative reporter, not do I want to. however i’m seeing a lot of questions gone unanswered and the majority of deaf community not understanding the full implications of the recent events.
for tdi, nad, nvrsc, and ccad to take the time to explain to the deaf comsumers in ASL will go a long way in educating and empower the citizens. educating the consumers is also a significant part of their services. Instructing the deaf community to read their meetings with FCC may not be practical, seeing that ASL is the primary language for the majority of deaf consumers and English their second language. how can the consumers be proactive if they aren’t fully informed in their first language? i am hopeful these organizations will see this a wonderful opportunity to improve its education with the deaf consumers
how can the deaf consumers be proactive if nobody is taking the time to share with them fully all the issues facing vrs providers and the fcc? if the deaf community feels that fcc is being arbitrary in its treatment with the VRS companies, then the deaf community can learn the skills to assert themselves with fcc instead of trying to placate fcc. After all, we are the consumers and it’s the duty of fcc to meet the needs of the citizens. it’s also long overdue that the grassroot deaf community becomes pro-active with this vrs business as it plays a tremendous role in their daily lives.
by the way, monopoly is against the law. if fcc is heading in that direction, the deaf consumer services can mobilize the deaf community and empower them. we do have a very large number of deaf people and their voices can be impossible to ignore if they exercise their voices. that’s something to think about.
it seems the time for a paradigm shift is now. in order for the deaf people, including the grassroot deaf people, to fully advocate and empower themselves, they must have all the information. they also must have a say in affairs affecting them. we do have a lot of power as a deaf community. we aren’t utilizing them yet.
December 2nd, 2011 at 10:18 am
Thanks Elizabeth for clarifying. No taboo, only wish for facts to be presented because we do not want not unfairly brand others as fraudulent in same way as the case with Viable. TDI and NAD have shared updates in ASL but not as often as everyone would like because of staff and time. Your concern and desire for more info via ASL is valid. All along info has been via mail in the olden days and word of mouth, internet allowed for text communications to be our way of sharing important information and now we also have ability to video this information. To be honest, it would require a full time position to do this and thus requires funding to make it possible, I would love to have this myself. In the meantime, speaking for myself, we will make do with what we have in the best way we can. You are sharing information in text here on your blog instead of video because that is the best way you can share the info. Same is true for organizations who are juggling many issues on many fronts, and doing the best we can, which is still not good enough. When the NPRM comes out on VRS Reform I will be sure to share it with you and many others and hopefully for this, we will see the info presented in ASL by the FCC themselves for Consumers to be able to file their own comments directly. I have long since advocated for 5 years now for consumers to be able to file their comments by video. We started to do this at townhall meetings at various conferences. The problem is someone has to translate all the comments to written English to post on the docket for the Commissioners to see if the videos are not captioned. This is in a nutshell. By all means feel free to contact me if you have any questions. Thanks,
December 4th, 2011 at 6:40 am
We will need to agree to disagree regarding the fraudulent nature of the other VRS companies’ actions.
NAD had provided more vlogs over the years. I think with certain grants, this practice can be expanded fully.