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Criminal Law

Health Care Fraud Blog

Covers fraud in Medicare, Medicaid and insurance benefits.
By Robert David, Esq.

Post Frequency: 0.6/day

Last Entry: March 02, 2011 at 00:22:24

New CMS Stark Regulations Tighten Referral Rules

Posted on August 07, 2008
New Stark Law regulations posted on July 31, 2008 by the Centers for Medicare and Medicaid Services (CMS) revise and expand the prohibition on physician referrals for designated health services (DHS) to entities with which they have financial relationships...

MEDICAL SUPPLY EXECUTIVE IMPRISONED FOR DEFRAUDING MEDICARE

Posted on August 04, 2008
On August 4, 2008, U.S. Attorney for the District of Northern Georgia David Nahmias announced that Angela D. Isley, , 44, of Atlanta, Georgia, was sentenced by United States District Judge Charles A. Pannell, Jr. to serve more than 5...

U.S. Eleventh Circuit Court of Appeals Reverses and Orders Re-Sentencing

Posted on July 31, 2008
The United States Circuit Court of Appeals for the Eleventh Circuit in Atlanta reversed one of my cases on July 31, 2008, and remanded it back to the district court for re-sentencing due to the sentencing judge's failure to specifically...

DEFENSE PREVAILS, AGAIN, IN PHYSICIAN SENTENCING

Posted on July 11, 2008
MIAMI (July 11, 2008). Yesterday the Bureau of National Affairs first reported another case rejecting the government?s methodology of computing ?loss? in health fraud cases under the federal sentencing guidelines in the Southern District of Florida. BENSON WEINTRAUB, the nationally...

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Miami Pharmacy Owner of Convicted of Medicare Fraud, Co-defendant Acquitted

Posted on July 07, 2008
After a six day trial in Miami, a federal jury in Miami convicted Gustavo Smith, 43, the owner of a Miami pharmacy for his role in a $3 million Medicare fraud scheme and for money laundering of all 17 counts...

Chiropratic Clinics Face Change in Ownership Law

Posted on June 19, 2008
Effective July 1, 2008 there is a significant change in the law in Florida concerning the employment of chiropractic physicians, and the law carries felony level criminal penalties. Under the statute, F.S. 760.4167, any entity, including licensed health care...

DEFENSE LAWYERS PREVAIL IN HEALTH CARE FRAUD CASE

Posted on May 30, 2008
BENSON WEINTRAUB, the nationally renown federal sentencing expert and ANTHONY C. VITALE of the Health Law Offices of Anthony C. Vitale, PA presented a novel issue in health care fraud during a 5-day sentencing proceeding against Rodolpho Ramirez, a DME...

New Florida Law Requires Physician Medical Directors for Health Care Clinics Employing Chiropractors

Posted on May 14, 2008
Effective July 1, 2008, pursuant to Florida Statutes � 460.4167, no chiropractor may be employed by a health care clinic unless the clinic has a medical director that is an MD or DO. Specifically, the provision is intended to...

Miami Pharmacy Owner of Convicted of Medicare Fraud, Co-defendant Acquitted

Posted on May 07, 2008
After a six day trial in Miami, a federal jury in Miami convicted Gustavo Smith, 43, the owner of a Miami pharmacy for his role in a $3 million Medicare fraud scheme and for money laundering of all 17 counts...

Psychiatrist ordered imprisoned for Medicare fraud

Posted on April 17, 2008
Check this out. Usually you would think of a psychiatrist as being someone who treats patients who suffer from auditory or visual hallucinations. However, an Illinois psychiatrist is headed to federal prison for two and a half years for defrauding...

Miami Woman Sentenced to 10-years for Role in $170M Healthcare Fraud Consiracy

Posted on April 11, 2008
On April 2, the same day that seven co-defendants were indicted (click here) for their roles in an $11 million Medicare fraud scheme involving HIV infusion clinics, Rita Campos Ramirez who had pleaded guilty in August 2007 to a $170...

Feds Charge Seven in $11 Million Medicare Fraud Scheme

Posted on April 08, 2008
Seven Miami-area residents were indicted on April 2, 2008, in connection with an $11 million Medicare fraud scheme involving HIV infusion clinics. The defendants were all charged with: conspiracy to defraud the United States, to cause the submission of false...

Two More Florida Men Sentenced for Healthcare Fraud & Money Laundering

Posted on April 04, 2008
Medicare billing fraud scheme

Symposium on Healthcare Fraud Investigations

Posted on March 18, 2008
This is a one-of-a-kind event you won?t want to miss. The Symposium will be held Monday, March 31, 2008 to Tuesday, April 1, 2008 at The Latham Hotel Georgetown, Washington, DC. Reserve your space today by calling 888-224-2480 or...

Feds Suffer Defeat in Healthcare Fraud Prosecution

Posted on March 11, 2008
Yeleiny Guerrero was the co-owner of Denis Medical Services, Inc. She was charged in a 6 count indictment with conspiracy to defraud the United States by causing the filing of false Medicare claims, conspiracy to commit health care fraud...

ACFE Healthcare Fraud Seminar Orlando March 24-25, 2008

Posted on March 01, 2008
CEO Magazine reports that healthcare costs are within the top three business concerns, and for good reason: U.S. healthcare spending has increased from a mere $27 billion in 1960 to $2 trillion in 2005. That is a 7,100 percent increase...

Ben Kuehne Had No Motive Or Financial Incentive To Launder Money For Ochoa?s Attorney?s And Exclusive Beneficiaries, Especially Roy Black

Posted on February 14, 2008
By Benson Weintraub, Esquire, Fort Lauderdale February 14, 2008

Anti-Kickback Statute

Posted on February 01, 2008
This federal statute prohibits the solicitation, receiving, offering or paying of any remuneration, directly or indirectly, in cash or in kind, in exchange for a healthcare program referral.

Prof. Benson Weintraub to Present "Defense of a Criminal Healthcare Fraud Case" at Health Care Compliance Association's 12th Annual Compliance Institute

Posted on January 28, 2008
Professor Benson Weintraub, Esquire, a Ft. Lauderdale-based global health care attorney and counselor with an international practice and clientele, and a distinguished academic authority on the Federal sentencing of corporations and individuals, has been invited to present "Defense of a Criminal Healthcare Fraud Case" at Health Care Compliance Association's (HCCA) 12th Annual Compliance Institute to be held in New Orleans April 13-16, 2008...

Medicare Fraud Defendant Sentenced in Florida

Posted on January 23, 2008
On January 10, Cesar Romero was sentenced by U.S. District Court Judge Patricia A. Seitz to forty-six months in jail and remanded into immediate custody for his role in a multi-million dollar Medicare billing fraud scheme on which Romero previously had pled guilty...

Former St. Elizabeths Hospital Chief Pharmacist Pleads Guilty

Posted on January 14, 2008
On January 9, 2008, U.S. Attorney for the District of Columbia Jeffrey A. Taylor announced that Raymond Jackson, former Chief Pharmacist at St. Elizabeths Hospital, pleaded guilty to stealing $95,000 of medication from the hospital. Taylor waived his right to be be indicted by a federal grand jury and instead entered a plea agreement a one count information charging him with theft or embezzlement in connection with health care in violation of Title 18, U...

Healthcare Fraud Blog Publisher Successfully Completes Certified in Healthcare Compliance (CHC) Examination

Posted on December 24, 2007
The Compliance Certification Board (CCB) announced that Board Certified Criminal Trial Lawyer Robert David Malove, has successfully completed the Certified in Healthcare Compliance Examination, thus earning the "CHC" designation. Healthcare compliance is a relatively new industry, born out of the government's crackdown on Medicare fraud...

Medicare Fraud Strike Force Cases Result in Long Prison Terms for Five Health Care Company Owners

Posted on December 15, 2007
On December 13, 2007, the owners of five separate Miami-based health care corporations have were sentenced to prison. Collectively, the five defendants filed fraudulent claims with Medicare for over $28.6 million worth of unnecessary durable medical equipment (DME) and infusion therapy...

Healthcare Fraud Blog Publisher Successfully Completes Healthcare Corporate Compliance Graduate Certificate Program at GWU

Posted on November 15, 2007
Today, the person most essential to your healthcare organization's long term success may not be a doctor, nurse, or technician. Increasingly, the most vital person in your company may be the one who helps you navigate a tangled web of regulations, certifications, and liability...

Last of 21 Defendants Sentenced in Private Insurance Health Care Fraud Conspiracy

Posted on October 18, 2007
On October 10, 2007 Dmitry Rakovsky was sentenced by United States District Judge Marcia G. Cooke in Miami, Florida. Rakovsky was sentenced to a term of 59 months in prison, to be followed by a term of three years of supervised release. He was also ordered to forfeit property and pay restitution in the amount of $900,000...

South Florida bills billions for HIV

Posted on September 21, 2007
September 21, 2007 From The Washington Times By Jim McElhatton - Doctors and clinics in three Southern Florida counties account for most of the billions of dollars charged to Medicare nationwide for HIV and AIDS drugs and services, billing records show...

Palm Beach Medicare Fraudster Pleads Guilty to Mail Fraud & Money Laundering

Posted on September 18, 2007
On September 6, 2007, Gianni Suarez Vazquez, a participant in a massive Medicare fraud scheme, pled guilty in federal court in West palm Beach, Florida, to mail fraud and money laundering charges. He is scheduled to be sentenced before U.S. District Judge Donald M...

Miami Defendants Sentenced on Health Care Fraud

Posted on September 16, 2007
On August 31, 2007, defendants Maricel Li and Marta Perez, both residents of Miami, were sentenced by United States District Court Judge James I. Cohn in Fort Lauderdale, Florida. Li was sentenced to twenty-four (24) months' imprisonment, followed by three (3) years of supervised release...

Fed's Charge Texas Man with Medicare Fraud in Patient Transport Scam

Posted on September 07, 2007
On August 28, 2007, a federal grand jury indicted the former operations director of A-Care EMS Inc. on charges that he sent fraudulent claims to the Centers for Medicare and Medicaid Services to pull in more money. The indictment, filed Tuesday in the U...

Florida Durable Medical Equipment Owner Convicted of Medicare Fraud

Posted on September 07, 2007
On August 30, 2007, the owner and operator of a Miami durable medical equipment company and an assisted living facility was convicted as charged in a five-count indictment by a federal jury in Miami of Medicare fraud in U.S. District Court for the Southern District of Florida...

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