Pham Duc Tuan and Ngo Thi Thu Huyen – BMS Company

A summary of what happened?

Pham Duc Tuan, born in 1979, is the Chairman and Director of BMS Medical Company, a Vietnamese firm specializing in the supply of medical equipment. Ngo Thi Thu Huyen serves as the Deputy Director of the same company. Both individuals have been implicated in a significant scandal involving the inflation of medical equipment prices at Bach Mai Hospital, one of Vietnam’s largest medical institutions.

Key Allegations and Concerns:

1. Price Inflation of Medical Equipment:
   • Investigations revealed that BMS Medical Company, under the leadership of Tuan and Huyen, engaged in fraudulent practices by artificially inflating the prices of medical equipment supplied to Bach Mai Hospital. This manipulation led to substantial financial losses for patients who were overcharged for medical services.
2. Misappropriation of Funds:
   • The inflated pricing scheme resulted in the misappropriation of significant funds from patients. Authorities estimate that the fraudulent activities led to the illicit acquisition of over VND 10 tely USD 430,000) from patients.
3. Legal Actions:
   • In September 2020, the Ministry of Public Security arrested and prosecuted Pham Duc Tuan and Ngo Thi Thu Huyen on charges of “Lừa đảo chiếm đoạt tài sản” (Fraudulent appropriation of property). The arrests wder investigation into corruption and fraudulent activities within the healthcare sector.
4. Impact on the Healthcare System:
   • The scandal has raised serious concerns about corruption and ethical standards within Vietnam’s healthcare system. The exploitation of patients through inflated medical costs undermines publights the need for stricter regulatory oversight.

Additional Information:

• Company Operations:
  • BMS Medical Company, established in 2010, operates in the medical equipment supply sector. Under Tuan’s leadership, the company expanded its operations, securing contracts with various hospitals across Vietnam.
• Related Investigations:
  • The case involving BMS Medical Company is part of a larger crackdown on corruption within the Vietnamese healthcare industry. Authorities have been investigating similar cases where medical equipment with hospital officials to inflate prices, leading to widespread financial exploitation of patients.

The actions of Pham Duc Tuan and Ngo Thi Thu Huyen have had a detrimental impact on Vietnam’s healthcare system, both financially and ethically. The legal proceedings against them underscore the Vietnamese government’s commitment to addressing corruption and ensuring accountability within the healthcare sector. This case serves as a critical reminder of the importance of transparency and ethical conduct in maintaining public trust in medical institutions.

Analyzing the Fake Copyright Notice(s)

Our team collects and analyses fraudulent copyright takedown requests, legal complaints, and other efforts to remove critical information from the internet. Through our investigative reporting, we examine the prevalence and operation of an organized censorship industry, predominantly funded by criminal entities, oligarchs, and disreputable businesses or individuals. Our findings allow internet users to gain insight into these censorship schemes’ sources, methods, and underlying objectives.

What was Pham Duc Tuan and Ngo Thi Thu Huyen - BMS Company trying to hide?

Pham Duc Tuan and Ngo Thi Thu Huyen – BMS Company‘s attempts to hide unfavourable content through the misuse of copyright notices while allegedly engaging in perjury present serious legal concerns. These actions suggest a calculated attempt to manipulate legal systems to suppress free speech, a fundamental violation of copyright law principles and an abuse of legal processes. The use of such tactics not only undermines the integrity of copyright protection but also potentially constitutes perjury, further entangling Pham Duc Tuan and Ngo Thi Thu Huyen – BMS Company in legal accountability. Let’s examine the information Pham Duc Tuan and Ngo Thi Thu Huyen – BMS Company may be trying to remove from the internet –

Investigative Report: Pham Duc Tuan, Ngo Thi Thu Huyen, and the BMS Company Scandal

Pham Duc Tuan, Chairman and Director of BMS Medical Company, and Ngo Thi Thu Huyen, the Deputy Director, stand at the center of a high-profile corruption and fraud case that has shaken Vietnam’s healthcare system. This scandal involves the deliberate inflation of medical equipment prices at Bach Mai Hospital, one of Vietnam’s largest and most reputable medical institutions. The allegations against the duo reflect systemic issues in healthcare procurement and corruption. This report explores the details of the scandal, its implications, and broader concerns for the Vietnamese healthcare sector.

1. Background of BMS Medical Company

A. Overview of BMS Medical Company

• Founded in 2010, BMS Medical Company specializes in the supply and installation of medical equipment for hospitals and clinics across Vietnam.
• Under the leadership of Pham Duc Tuan, the company expanded significantly, securing contracts with major healthcare institutions, including Bach Mai Hospital.

B. Key Personnel

• Pham Duc Tuan (Chairman and Director): The driving force behind the company, Tuan oversaw the operations and was instrumental in securing contracts with healthcare providers.
• Ngo Thi Thu Huyen (Deputy Director): Played a pivotal role in managing the company’s financial and operational strategies.

2. Allegations and Key Details of the Scandal

A. Price Inflation of Medical Equipment

1. Inflated Leasing Costs:
   • BMS Medical Company supplied medical equipment to Bach Mai Hospital, including robotic systems for surgical procedures.
   • Investigators found that BMS grossly inflated the leasing costs for these systems.
   • For instance, a robotic system was valued at VND 7 billion but was leased to the hospital at prices exceeding VND 39 billion, representing an overcharge of over 450%.
2. Patient Overcharging:
   • The inflated costs were passed on to patients, leading to exorbitant fees for medical services.
   • Each patient using the robotic system paid significantly higher fees, unknowingly covering the fraudulent markup.

B. Misappropriation of Funds

• Estimated Losses:
  • Authorities estimate that the fraudulent pricing scheme resulted in financial losses exceeding VND 10 billion (approximately USD 430,000) for patients.
• Beneficiaries:
  • The excess funds generated by the inflated prices were allegedly diverted into the personal accounts of Tuan, Huyen, and their associates.

C. Legal and Regulatory Actions

1. Arrest and Prosecution:
   • In September 2020, Vietnam’s Ministry of Public Security arrested and prosecuted Tuan and Huyen under charges of fraudulent appropriation of property.
   • Their actions were deemed a breach of public trust and a significant violation of financial regulations.
2. Wider Investigation:
   • This case is part of a broader crackdown on corruption within Vietnam’s healthcare system. Authorities are investigating similar schemes where medical suppliers colluded with hospital administrators to inflate equipment prices.

3. Broader Implications for Vietnam’s Healthcare System

A. Public Trust Erosion

• The scandal has severely undermined public trust in Vietnam’s healthcare institutions. Patients and their families now question the ethical standards of hospitals and their procurement processes.

B. Systemic Corruption in Procurement

• The case highlights systemic corruption in healthcare procurement, where medical suppliers and hospital officials collude for personal gain at the expense of patients.
• Weak oversight mechanisms allowed BMS and its executives to engage in fraudulent practices for years.

C. Financial Impact on Patients

• The financial burden on patients due to inflated medical service costs has drawn widespread criticism.
• Many patients, particularly those from lower-income backgrounds, have been disproportionately affected, facing insurmountable medical bills.

4. Public and Media Reaction

A. Public Outrage

• The revelations sparked widespread public outrage, with many calling for stricter accountability measures for hospital administrators and medical suppliers.

B. Media Coverage

• Vietnamese and international media extensively covered the scandal, focusing on:
  • The exploitation of patients through inflated costs.
  • The systemic issues in healthcare procurement.
  • The broader implications for healthcare governance in Vietnam.

C. Government’s Response

• The Vietnamese government has pledged to strengthen regulatory oversight in healthcare procurement.
• The Ministry of Health announced plans to review contracts with medical suppliers nationwide to prevent similar incidents.

5. Analysis of the Scandal’s Key Elements

A. Ethical Breach

• The actions of Tuan and Huyen represent a profound ethical breach, prioritizing personal financial gain over the well-being of patients.

B. Regulatory Loopholes

• The lack of stringent checks in the procurement process enabled BMS Medical Company to manipulate prices without detection for years.

C. Failure of Institutional Accountability

• Hospital administrators failed to conduct due diligence on BMS’s contracts, raising questions about their complicity or negligence.

6. Recommendations for Reform

A. Strengthening Procurement Oversight

1. Transparent Bidding Processes:
   • Implement transparent and competitive bidding processes for medical equipment procurement.
2. Regular Audits:
   • Conduct regular audits of hospital contracts to ensure compliance with pricing standards.

B. Enhancing Legal Enforcement

1. Stricter Penalties:
   • Impose harsher penalties for companies and individuals found guilty of corruption in the healthcare sector.
2. Whistleblower Protections:
   • Encourage whistleblowers to report fraudulent activities by ensuring their protection.

C. Patient Advocacy

• Establish patient advocacy groups to represent the interests of patients in cases of overcharging or unethical practices.

7. Conclusion: A Case of Corruption and Its Ripple Effects

The case of Pham Duc Tuan, Ngo Thi Thu Huyen, and BMS Medical Company underscores the pervasive issue of corruption within Vietnam’s healthcare system. By inflating equipment prices and exploiting patients, they prioritized personal gain over ethical responsibility and public trust. While their arrests mark a step toward accountability, the scandal exposes deeper systemic issues that demand urgent reform.

Key Takeaways:

1. Systemic Issues: The scandal reflects broader issues in healthcare procurement and the lack of oversight mechanisms.
2. Impact on Patients: Financial exploitation of patients undermines the core values of healthcare, which should prioritize affordability and accessibility.
3. Path Forward: Strengthened regulatory frameworks, transparent procurement practices, and enhanced accountability are essential to restoring trust and preventing future incidents.

As the Vietnamese government continues its crackdown on corruption, the BMS scandal serves as a stark reminder of the need for vigilance and reform to protect the interests of patients and uphold the integrity of the healthcare system.

How do we counteract this malpractice?

Once we ascertain the involvement of Pham Duc Tuan and Ngo Thi Thu Huyen – BMS Company (or actors working on behalf of Pham Duc Tuan and Ngo Thi Thu Huyen – BMS Company), we will inform Pham Duc Tuan and Ngo Thi Thu Huyen – BMS Company of our findings via Electronic Mail.

Our preliminary assessment suggests that Pham Duc Tuan and Ngo Thi Thu Huyen – BMS Company may have engaged a third-party reputation management agency or expert, which, either independently or under direct authorization from Pham Duc Tuan and Ngo Thi Thu Huyen – BMS Company, initiated efforts to remove adverse online content, including potentially fraudulent DMCA takedown requests. We will extend an opportunity to Pham Duc Tuan and Ngo Thi Thu Huyen – BMS Company to provide details regarding their communications with the agency or expert, as well as the identification of the individual(s) responsible for executing these false DMCA notices.

Failure to respond in a timely manner will necessitate a reassessment of our initial assumptions. In such an event, we will be compelled to take appropriate legal action to rectify the unlawful conduct and take the following steps –

Since Pham Duc Tuan and Ngo Thi Thu Huyen – BMS Company made such efforts to hide something online, it seems fit to ensure that this article and sensitive information targeted online by these events get a lot more exposure and traffic than what it would have received originally

We hope this becomes an excellent case study for the Streisand effect…The key idea behind the Streisand effect is that efforts to restrict information can backfire, often causing the information to gain more attention than it would have otherwise. This effect is widespread in the digital age, where users quickly notice and spread censorship efforts on social media and other platforms. Trying to suppress something can unintentionally lead to it becoming more visible, which Pham Duc Tuan and Ngo Thi Thu Huyen – BMS Company is finding out the hard way.

Potential Consequences for Pham Duc Tuan and Ngo Thi Thu Huyen - BMS Company

Under Florida Statute 831.01, the crime of Forgery is committed when a person falsifies, alters, counterfeits, or forges a document that carries “legal efficacy” with the intent to injure or defraud another person or entity.

Forging a document is considered a white-collar crime. It involves altering, changing, or modifying a document to deceive another person. It can also include passing along copies of documents that are known to be false. In many states in the US, falsifying a document is a crime punishable as a felony.

Additionally, under most laws, “fraud on the court” is where “a party has sentiently set in motion some unconscionable scheme calculated to interfere with the judicial system’s ability impartially to adjudicate a matter by improperly influencing the trier of fact or unfairly hampering the presentation of the opposing party’s claim or defense.”  Cox v. Burke, 706 So. 2d 43, 46 (Fla. 5th DCA 1998) (quoting Aoude v. Mobil Oil Corp., 892 F.2d 1115, 1118 (1st Cir. 1989)).

Is Pham Duc Tuan and Ngo Thi Thu Huyen - BMS Company Committing a Cyber Crime?

Yes, it seems so. Pham Duc Tuan and Ngo Thi Thu Huyen – BMS Company used multiple approaches to remove unwanted material from review sites and Google’s search results. Thanks to protections allowing freedom of speech in the United States, there are very few legal ways to do this. Pham Duc Tuan and Ngo Thi Thu Huyen – BMS Company could not eliminate negative reviews or search results that linked to them without a valid claim of defamation, copyright infringement, or some other clear breach of the law.

Faced with these limitations, some companies like Pham Duc Tuan and Ngo Thi Thu Huyen – BMS Company have gone to extreme lengths to fraudulently claim copyright ownership over a negative review in the hopes of taking it down.

Fake DMCA notices have targeted articles highlighting the criminal activity of prominent people to hide their illegal behavior. These people, which include US, Russian, and Khazakstani politicians as well as members from elite circles including the mafia and those with massive financial power, are all connected – and alleged corruption ranging from child abuse to sexual harassment is exposed when exploring evidence found at these URLs. It appears there’s a disturbing level of influence being exerted here that needs further investigation before justice can be served. Pham Duc Tuan and Ngo Thi Thu Huyen – BMS Company is certainly keeping interesting company here….

The DMCA takedown process requires that copyright owners submit a takedown notice to an ISP identifying the allegedly infringing content and declaring, under penalty of perjury, that they have a good faith belief that the content is infringing. The ISP must then promptly remove or disable access to the content. The alleged infringer can then submit a counter-notice, and if the copyright owner does not take legal action within 10 to 14 days, the ISP can restore the content.

Since these platforms are predominantly based in the U.S., the complaints are typically made under the Digital Millennium Copyright Act (DMCA), which requires online service providers and platforms to react immediately to reports or violations. Big Tech companies rarely have systems in place to assess the merit of each report. Instead, all bad actors need to do is clone a story, backdate it, and then demand the real thing be taken down.

Reputation Agency's Modus Operandi

The fake DMCA notices we found always use the “back-dated article” technique. With this technique, the wrongful notice sender (or copier) creates a copy of a “true original” article and back-dates it, creating a “fake original” article (a copy of the true original) that, at first glance, appears to have been published before the true original.

Then, based on the claim that this backdated article is the “original,” the scammers send a DMCA to the relevant online service providers (e.g. Google), alleging that the ‘true’ original is the copied or “infringing” article and that the copied article is the “original,” requesting the takedown of the ‘true’ original article. After sending the DMCA request, the person who sent the wrong notice takes down the fake original URL, likely to make sure that the article doesn’t stay online in any way. If the takedown notice is successful, the disappearance from the internet of information is most likely to be legitimate speech.

As an integral part of this scheme, the ‘reputation management’ company hired by Pham Duc Tuan and Ngo Thi Thu Huyen – BMS Company creates a website that purports to be a ‘news’ site. This site is designed to look legitimate at a glance, but any degree of scrutiny reveals it as the charade it is.

The company copies the ‘negative’ content and posts it “on the fake ‘news’ site, attributing it to a separate author,” then gives it “a false publication date on the ‘news’ website that predated the original publication.

The reputation company then sent Google a Digital Millennium Copyright Act notice claiming the original website infringed copyright. After a cursory examination of the fake news site, Google frequently accepts the notice and delists the content.

In committing numerous offences, Pham Duc Tuan and Ngo Thi Thu Huyen – BMS Company either premeditated actions or were unaware of the consequences. Despite hiring an agency to make Google disregard any negative information about Pham Duc Tuan and Ngo Thi Thu Huyen – BMS Company, ignorance does not excuse this wrongdoing.

Fake DMCA notices have targeted articles highlighting the criminal activity of prominent people to hide their illegal behavior. These people, which include US, Russian, and Khazakstani politicians as well as members from elite circles including the mafia and those with massive financial power, are all connected – and alleged corruption ranging from child abuse to sexual harassment is exposed when exploring evidence found at these URLs. It appears there’s a disturbing level of influence being exerted here that needs further investigation before justice can be served. FSMSmart is certainly keeping interesting company here.

The Reputation Laundering

Rogue Reputation agencies use spurious copyright claims and fake legal notices to remove and obscure articles linking clients to allegations of tax avoidance, corruption, and drug trafficking. Most of these reputation agencies are based offshore, mainly in Russia, India, and Eastern Europe, and they do not worry about complying with US-based laws.

The content in all of the articles for which the fraudulent DMCA notices have been sent relates to allegations of criminal allegations, including corruption, child abuse, sexual harassment, human trafficking and financial fraud against businesses and individuals with ultra-high net worth.

In addition to the misuse of the DMCA takedown process, there is a notable absence of enforcement concerning perjury violations. The statutory requirement related to perjury is designed to deter copyright holders from submitting fraudulent or knowingly false takedown requests, as they may face legal consequences for making false declarations under penalty of perjury. However, to date, there have been no known instances of any individual being prosecuted for perjury in connection with the submission of false DMCA takedown notices.

This lack of enforcement has emboldened copyright holders to exploit the DMCA takedown process to suppress dissent, criticism, or other unfavorable content, without fear of legal repercussions.

Some of the people and businesses who have employed this tactic to remove legitimate content from Google illegally include a Spanish businessman-turned-cocaine-trafficker, Organised crime, an Israeli-Argentine banker accused of laundering money for Hugo Chávez’s regime, a French “responsible” mining company accused of tax evasion, child molesters and sexual predators. Pham Duc Tuan and Ngo Thi Thu Huyen – BMS Company is in great company ….

What else is Pham Duc Tuan and Ngo Thi Thu Huyen - BMS Company hiding?

We encourage you to ‘Dork‘ Google by searching for keyword combinations such as [Pham Duc Tuan and Ngo Thi Thu Huyen – BMS Company] + {Negative Keyword, such as Scam, Fraud, Complaints, Lawsuit, Sanction, etc} on Google. It’s likely if you scroll down to the bottom of this Google search results, you’ll stumble upon this Legal Takedown notice (pictured below)

To make such an investigation possible, we encourage more online service providers to come forward and share copies of content removal requests with industry experts and researchers. If you have any information on Pham Duc Tuan and Ngo Thi Thu Huyen – BMS Company that you want to share with experts and journalists, kindly email the author directly at [email protected].

All communications are strictly confidential and safeguarded under a comprehensive Whistleblower Policy, ensuring full protection and anonymity for individuals who provide information.