Milwaukee Journal Sentinel

3M hunts con artists profiting from masks

Trademark claims help track down fraud

- Nick Penzenstad­ler and Josh Salman

Efforts to crack down on fraudulent 3M mask sales ended with a first criminal case last week when a used car salesman was charged with trying to bilk New York City out of $45 million.

But it didn’t begin like many criminal cases do, with a law enforcemen­t investigat­ion. It started with the 3M company ramping up its own fraud detection unit after the coronaviru­s pandemic wiped out its supplies of medical-grade N95 masks, creating a market for profiteers — including one who allegedly targeted Wisconsin.

Since March, the company has fielded hundreds of reports from government and hospital officials desperate to protect their workers and concerned about getting ripped off. The worst cases tend to land first in civil courts, where 3M uses trademark claims to ask judges to shut down those advertisin­g the company’s wares at inflated prices.

Scrambling to chase any potential lead in the absence of a reliable federal supply chain, states and health systems are left to sift through hundreds of sketchy pitches.

“You really don’t want to be the guy who turns down 100 million masks by not taking a phone call,” said Luke Bosso, the chief of staff of Indiana’s economic developmen­t corporatio­n, who has been charged with vetting suppliers. “It’s incredibly scary. In Indiana ... we get 50 emails a day offering N95 masks.”

The New York case happened on a gigantic scale: a middleman promised to provide 7 million masks to the city for $45 million – four times 3M’s list price. The middleman was Ron Romano, 58, a New Jersey used car lot owner.

That case turned criminal last Tuesday when the U.S. Attorney’s Office announced Romano’s arrest on charges of conspiracy to commit wire fraud and violate the Defense Production Act.

Across the country, 3M has accused others of seizing the moment: A financial consultant, one suit alleged, offered Florida up to 10 million masks at a 460% markup; a Utah-based health network, another said, tried to middleman a deal in California to sell masks at $4.95, a 400% markup; and from a base in a Las Vegas hotel room, a man tried to land a $14-billion deal with Indiana.

In Wisconsin, emergency officials fended off a pitch for 3M masks in midApril when a man from a North Carolina health care company emailed with a “much better deal” on respirator­s with “direct access from 3M.”

State officials passed emails to 3M attorneys showing the pitch marked up prices to $3.75 per mask, a 350% markup. It also demanded state procuremen­t staff sign a nondisclos­ure agreement to “cover up” the scam, 3M alleges.

“The agreement purports to bar the disclosure of, among other things, the identities of anyone involved in any way in the scheme,” 3M attorneys argued in Wisconsin federal court this month.

In its April trademark lawsuit filed against the company, Hulomil, 3M alleges the salesman promised Wisconsin officials he would “eliminate middle men” from the transactio­n. 3M says he is not a registered agent and doubts he had access to the 250,000 masks he promised.

Inflated prices undermine 3Ms promises from as early as February that it would not increase prices on the N95 masks, which range from 68 cents to $3.40 depending on the model.

“Disappoint­ingly, it’s not a small problem,” said Courtney Enloe, 3M’s vice president of litigation. “We’re agnostic as to how it’s stopped. Whether it gets shut down because we file a suit and get an injunction, or it’s passed on to state or federal authoritie­s, we just want it shut down.”

In the Wisconsin case, Hulomil denied actually selling any of the 3M masks, but agreed to a restrainin­g order blocking any sales or advertisem­ents earlier this month.

Coronaviru­s creates astronomic­al demand

Masks have become the iconic symbol of this pandemic and N95s made by 3M are considered the gold standard. At first reserved for medical staff and first responders, demand exploded as the virus spread nationwide.

As the federal government’s own stockpile of the masks quickly vanished,

President Donald Trump quarreled with 3M about increasing its production and diverting internatio­nal supplies to the U.S. — which eventually led the company to double its output.

Demand surged again after the CDC changed course on April 3, recommendi­ng all Americans wear masks in public.

Third-party vendors swooped in, preying on innocent buyers with a variety of fake offers, counterfei­ts, deceptive marketing and fraud. By then, 3M was ready with a fraud hotline and website. Teams of 3M lawyers comb through online evidence of fraud and social media trails to demand websites be taken down.

“3M does not — and will not — tolerate individual­s or entities deceptivel­y trading off the fame and goodwill of the 3M brand and marks for their personal gain,” attorneys wrote again and again in the company’s resulting suits.

The company began trading tips with law enforcemen­t authoritie­s around the world.

Text messages unsealed this week in the federal complaint reveal what prosecutor­s called a multifacet­ed and brazen effort to exploit the pandemic at its largest epicenter, in New York City.

The U.S. Attorney’s Office alleges Romano conspired in the scheme with a wide-ranging group of people: another car dealer employee, a heating equipment supplier, the former minister of foreign investment of an unnamed European nation, the CEO of a Philadelph­ia-based packaging company and his wife, and a Miami hedge fund attorney.

The setup was distinctly internatio­nal, according to the complaint. Romano promised to source masks through a Mexico-based company and a

Peruvian-based exporter working with a company in the Netherland­s to procure masks made by 3M in Uruguay.

Prosecutor­s say that Romano texted a co-conspirato­r in early March about the get-rich quick scheme, “I’m working on a few deals that if I get any of them you might be buying a Ferrari.”

Romano’s paperwork quickly worked its way through New York City procuremen­t managers and convinced enough people that the city approved the $45million purchase order. But the deal collapsed after procuremen­t staff sought verification from 3M and tried to authentica­te the seller themselves.

New York officials sent an email in early April demanding documentat­ion that the group was an authorized 3M dealer. The email was forwarded to Romano and his alleged co-conspirato­rs, who responded, “Yikes.”

The same group had successful­ly reached an agreement with Florida Division of Emergency Management officials to buy masks at a 500% markup for $5.4 million, the complaint says, but were not able to find a supply of the face coverings. They did successful­ly sell $12,000 in masks to a naturopath­ic medical university at a 360% markup. University officials sought to return the three-ply masks, the complaint says, because they were of inferior quality.

Romano did not respond to repeated messages seeking comment. A federal judge in New York had granted an injunction in early May to prevent him from advertisin­g 3M masks in his civil case, initiated by 3M earlier this month. If convicted in the new criminal filing, he could face up to 31 years in prison.

Scammers try selling masks that don’t exist

In several of the 3M cases, people posing as brokers attempted to sell vast warehouses of masks that didn’t exist.

Enloe said buyers should watch for indicators of fraud, like promising huge quantities and maintainin­g 3M had authorized price markups.

“If someone says they can access 2 billion masks you immediatel­y have to question it given (3M) has just recently ramped up production to 1.1 billion masks in a year,” Enloe said.

That’s what happened in Indiana when a man reached out to state procuremen­t managers with an offer to sell 5 billion marked-up 3M masks. Emails from a trademark suit brought by 3M say he wanted to charge as much as $14.25 billion for a supply of the masks he said were sourced directly from 3M.

Bosso – the Indiana official vetting offers – was targeted in that pitch in an April 14 email from Nevada.

“Guys, any chance this is real?” Bosso asked colleagues, according to emails attached to 3M’s suit.

He said the offer came with some telltale signs of a possible scam: a newly created company with a tiny, unsophisti­cated online presence and aggressive sales tactics encouragin­g the state to act quickly to avoid missing out on the deal.

Indiana tipped off 3M attorneys who say their investigat­ion indicates the Nevada company’s frontman, Zachary Puznak, actually was living in a motel in Las Vegas.

Responding to 3M’s suit last week, an Indiana federal judge issued a temporary restrainin­g order against Puznak and his company, barring them from using the 3M name.

Since the pandemic began, rural Florida emergency management director, Mitch Smeykal, said his Okeechobee County office has been inundated daily with vendors pitching gowns, masks, sanitizer and other supplies that often prove too good to be true.

He placed an order early on directly with 3M. The products were on backorder, but Smeykal says he decided it would be better to wait for 3M than deal with an unknown middleman.

In Georgia, Auta Lopes, founder and CEO of 1 Ignite Capital was sued by 3M, which alleged she had offered state officials 10 million masks at a 460% markup.

A financial consultant, Lopes said it was the first time she had acted as a middleman for medical supplies. She settled the case and told USA TODAY she was prohibited from discussing it.

Despite the lawsuit, Lopes said she plans to continue operating in the coronaviru­s supply chain “now that the doors are open” with medical suppliers. With vendors backlogged or sold out, she said entreprene­urs can step in.

“There is a lot of business and a lot of opportunit­ies,” she said.

 ?? AP ?? Dr. Deborah Birx, ambassador and White House coronaviru­s response coordinato­r, holds a 3M N95 mask as Vice President Mike Pence visits 3M World Headquarte­rs in Maplewood, Minn.
AP Dr. Deborah Birx, ambassador and White House coronaviru­s response coordinato­r, holds a 3M N95 mask as Vice President Mike Pence visits 3M World Headquarte­rs in Maplewood, Minn.

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