Security News: Albuquerque investment broker pleads guilty to mail and wire fraud and failure to file tax returns

Source: United States Department of Justice News

ALBUQUERQUE, N.M. – Richard Kessler, 50, of Albuquerque, pleaded guilty on April 18 in federal court to one count each of mail fraud and wire fraud and four counts of failure to file tax returns.

Kessler was a financial advisor and investment broker who did business as Guardian Group Investments, LLC. According to the plea agreement and other court records, Kessler used his position to induce several individuals to entrust their retirement savings to him.  During the period from February to August 2016, Kessler fraudulently convinced four victims to entrust him with a total of $121,267.  Although Kessler had represented that he would place that money in retirement accounts for the benefit of those individuals, Kessler instead deposited their funds in his business bank account, which is specifically prohibited by New Mexico securities regulations. Kessler subsequently converted the victims’ retirement funds to his own purposes.  Kessler used the fraudulently obtained money to pay for his personal expenditures and to make payments to earlier victims of his scheme.  In his plea agreement, Kessler admitted that he devised and executed this scheme with the intent to defraud the investors.

Kessler failed to file federal income tax returns for tax years 2014 through 2017.  Kessler’s failure to file tax returns and pay federal income taxes resulted in an aggregate tax liability of $82,627 for those four years, not including any penalties or interest.

Kessler faces up to 44 years in prison. A sentencing date has not been scheduled.

IRS Criminal Investigation investigated this case. Assistant U.S. Attorney Timothy S. Vasquez is prosecuting the case.  

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Security News: Maryland Doctor Facing Federal Indictment for COVID-19 Healthcare Fraud Scheme is Part of a Nationwide Coordinated Law Enforcement Action to Combat Health Care Related COVID-19 Fraud Announced by the Justice Department Today

Source: United States Department of Justice News

Criminal Charges Brought Against 18 Defendants, Including Owners and Executives of Medical Businesses, Physicians, Marketers, and Manufacturers of Fake COVID-19 Vaccination Record Cards with Losses Exceeding $149 Million

Baltimore, Maryland – A federal grand jury in Maryland has indicted Ron Elfenbein, M.D., age 47, of Arnold, Maryland, for three counts of healthcare fraud for submitting false and fraudulent claims to Medicare and other insurers for patients who received COVID-19 tests at sites operated by the defendant.  The indictment was returned yesterday.

The Department of Justice today announced the criminal charges against Elfenbein and 17 other defendants in nine federal districts across the United States for their alleged participation in various fraud schemes involving health care services that exploited the COVID-19 pandemic and resulted in over $149 million in COVID-19 related false billings to federal programs and theft from pandemic assistance programs.  In connection with the enforcement action, the department seized over $8 million in cash and other fraud proceeds.

The Maryland indictment was announced by United States Attorney for the District of Maryland Erek L. Barron; Assistant Attorney General Kenneth A. Polite of the Justice Department’s Criminal Division; Special Agent in Charge Maureen Dixon for the Department of Health and Human Services Office of Inspector General (HHS-OIG); Special Agent in Charge Christopher Dillard of the Department of  Defense Office of Inspector General, Defense Criminal Investigative Service – Mid-Atlantic Field Office; Special Agent in Charge Thomas Sobocinski for the FBI Baltimore Field Office, and Special Agent in Charge Amy K. Parker for the Office of Personnel Management, Office of Inspector General (OPM-OIG).   

“The indictment alleges that Ron Elfenbein took advantage of a national health crisis to line his own pockets,” said United States Attorney for the District of Maryland Erek L. Barron.  “Our office has and will continue to investigate and prosecute fraud by anyone who used the COVID-19 pandemic to defraud individuals or the government.”

“The Department of Justice’s Health Care Fraud Unit and our partners are dedicated to rooting out schemes that have exploited the pandemic,” said Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division.  “Today’s enforcement action reinforces our commitment to using all available tools to hold accountable medical professionals, corporate executives, and others who have placed greed above care during an unprecedented public health emergency.”

“This COVID-19 health care fraud enforcement action involves extraordinary efforts to prosecute some of the largest and most wide-ranging pandemic frauds detected to date,” said Director for COVID-19 Fraud Enforcement Kevin Chambers.  “The scale and complexity of the schemes prosecuted today illustrates the success of our unprecedented interagency effort to quickly investigate and prosecute those who abuse our critical health care programs.”

Today’s announcement by the Department of Justice builds on the success of the May 2021 COVID-19 Enforcement Action and involves the prosecution of various COVID-19 health care fraud schemes.  Multiple defendants offered COVID-19 testing to induce patients to provide their personal identifying information and a saliva or blood sample.  The defendants are alleged to have then misused the information and samples to submit claims to Medicare for unrelated, medically unnecessary, and far more expensive tests or services.  

For example, according to the Maryland indictment, Elfenbein owned and operated Drs ERgent Care, LLC, d/b/a First Call Medical Center and Chesapeake ERgent Care.  Drs ERgent care operated drive-through COVID-19 testing sites in Anne Arundel and Prince George’s Counties.  The indictment alleges that Elfenbein instructed the employees of Drs ERgent Care that, in addition to billing for the COVID-19 test, the employees were to bill for moderately complex office visits, lasting between 30 and 39 minutes for existing patients and between 45 and 59 minutes for new patients, even though Elfenbein knew that the visits lasted five minutes or less.  Further, the indictment alleges that Elfenbein, through Drs ERgent Care, submitted or caused the submission of claims totaling more than $1.5 million to Medicare and other insurers for office visits that were not provided as represented and were ineligible for reimbursement. 

“It is unconscionable that this defendant sought to line his own pockets during a global pandemic by grossly overbilling Medicare and other insurers for these vital healthcare services during a time of national crisis,” said FBI Special Agent in Charge Thomas J. Sobocinski.  “If the allegations against Dr. Elfenbein, and the 17 others that were charged today are proven, they should be ashamed of their conduct and will be held accountable for their criminal actions.”

In another type of COVID-19 health care fraud scheme announced today, defendants are alleged to have exploited policies that were put in place by Centers for Medicare & Medicaid Services (CMS) to enable increased access to care during the COVID-19 pandemic.  

“The attempt to profit from the COVID-19 pandemic by targeting beneficiaries and stealing from federal health care programs is unconscionable,” said Inspector General Christi A. Grimm of the Department of Health and Human Services (HHS).  “HHS-OIG is proud to work alongside our law enforcement partners at the federal and state level to ensure that bad actors who perpetrate egregious and harmful crimes are held accountable.”

Today’s announcement also includes charges brought against two additional defendants for schemes targeting the Provider Relief Fund (PRF).  The PRF is part of the Coronavirus Aid, Relief, and Economic Security (CARES) Act, a federal law enacted in March 2020 that provided financial assistance to medical providers to provide needed medical care to Americans suffering from COVID-19.  In total, 10 defendants have been charged with crimes related to misappropriating monies intended for frontline medical providers and three have pleaded guilty.

The law enforcement action also includes charges against manufacturers and distributors of fake COVID-19 vaccination record cards, who intentionally sought to obstruct the HHS and Centers for Disease Control and Prevention in their efforts to administer the nationwide vaccination program and provide Americans with accurate proof of vaccination.  While not part of today’s announcement, in Maryland a federal criminal complaint was previously filed charging Amar Salim Shabazz, age 23, of Owings Mills, Maryland, for mail fraud and obstruction of justice in connection with his alleged distribution of fraudulent COVID-19 vaccination cards.

Additionally, the Center for Program Integrity, Centers for Medicare & Medicaid Services (CPI/CMS) separately announced today that it has taken an additional 28 administrative actions against providers for their alleged involvement in fraud, waste and abuse schemes related to the delivery of care for COVID-19, as well as schemes that capitalize upon the Public Health Emergency.

“We are committed to working closely with our law enforcement partners to combat fraud, waste and abuse in our federal health care programs,” said CMS Administrator Chiquita Brooks-LaSure. “The administrative actions CMS has taken protect the Medicare Trust Funds while also safeguarding people enrolled in Medicare.”

Today’s enforcement actions were led and coordinated by Assistant Chief Jacob Foster and Trial Attorney D. Keith Clouser of the National Rapid Response Strike Force, and Assistant Chief Justin Woodard of the Health Care Fraud Unit’s Gulf Coast Strike Force in the Criminal Division’s Fraud Section.  The Fraud Section’s National Rapid Response Strike Force and the Health Care Fraud Unit’s Strike Forces (SF) in Brooklyn, the Gulf Coast, Miami, Los Angeles, and Newark, as well as the U.S. Attorneys’ Offices for the District of Maryland, District of New Jersey, District of Utah, Northern District of California, and Western District of Tennessee, prosecuted these cases.  Descriptions of each case involved in today’s enforcement action are available on the department’s website at: https://www.justice.gov/criminal-fraud/health-care-fraud-unit/case-summaries.

The SF is a partnership among the Criminal Division, U.S. Attorneys’ Offices, the FBI, and HHS-OIG.  In addition, U.S. Postal Inspection Service, Department of Defense Office of Inspector General, Department of the Interior Office of the Inspector General, Department of Labor Office of Inspector General, Food and Drug Administration Office of the Inspector General, Homeland Security Investigations, U.S. Department of Veterans Affairs – Office of the Inspector General, and other federal and local law enforcement agencies participated in the law enforcement action.

The law enforcement action was brought in coordination with the Health Care Fraud Unit’s COVID-19 Interagency Working Group, which is chaired by the National Rapid Response Strike Force and organizes efforts to address illegal activity involving health care programs during the pandemic.

The Fraud Section leads the Health Care Fraud Strike Force. Since its inception in March 2007, the Health Care Fraud Strike Force, which maintains 15 strike forces operating in 24 federal districts, has charged more than 4,200 defendants who have collectively billed the Medicare program for nearly $19 billion.  In addition, the HHS Centers for Medicare and Medicaid Services, working in conjunction with the HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.

On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud.  The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts.  For more information on the department’s response to the pandemic, please visit https://www.justice.gov/coronavirus.

The Department of Justice needs the public’s assistance in remaining vigilant and reporting suspected fraudulent activity.  To report suspected fraud, contact the National Center for Disaster Fraud (NCDF) at (866) 720-5721 or file an online complaint at: https://www.justice.gov/disaster-fraud/webform/ncdf-disaster-complaint-form.  Complaints filed will be reviewed at the NCDF and referred to federal, state, local, or international law enforcement or regulatory agencies for investigation.

An indictment, complaint, or information is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

If convicted, Elfenbein faces a maximum sentence of 10 years in federal prison for each of the three counts of healthcare fraud and Shabazz faces a maximum sentence of 20 years’ incarceration each for mail fraud and for obstruction of justice.  Actual sentences for federal crimes are typically less than the maximum penalties.  A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors. 

United States Attorney Erek L. Barron commended the HHS-OIG, DCIS, the FBI, and OPM-OIG for their work in the Elfenbein investigation and thanked Assistant U.S. Attorney Matthew P. Phelps and Trial Attorney D. Keith Clouser of the Justice Department’s Fraud Section, who are prosecuting the case.  United States Attorney Barron also commended HSI, USPIS, HHS-OIG, and the Baltimore County Police Department for their work in the Shabazz investigation and thanked Assistant U.S. Attorneys Aaron S.J. Zelinsky and Sean R. Delaney, who are prosecuting that case.

For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit www.justice.gov/usao/md.

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Security News: Justice Department Announces Nationwide Coordinated Law Enforcement Action to Combat Health Care Related COVID-19 Fraud

Source: United States Department of Justice News

Criminal Charges Brought Against Owners and Executives of Medical Businesses, Physicians, Marketers, and Manufactures of Fake COVID-19 Vaccination Record Cards with Losses Exceeding $149 Million

Memphis, TN – The Department of Justice today announced criminal charges against 21 defendants in nine federal districts across the United States for their alleged participation in various health care related fraud schemes that exploited the COVID-19 pandemic. These cases allegedly resulted in over $149 million in COVID-19-related false billings to federal programs and theft from federally-funded pandemic assistance programs. In connection with the enforcement action, the department seized over $8 million in cash and other fraud proceeds.

“The Department of Justice’s Health Care Fraud Unit and our partners are dedicated to rooting out schemes that have exploited the pandemic,” said Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division. “Today’s enforcement action reinforces our commitment to using all available tools to hold accountable medical professionals, corporate executives, and others who have placed greed above care during an unprecedented public health emergency.”

“This COVID-19 health care fraud enforcement action involves extraordinary efforts to prosecute some of the largest and most wide-ranging pandemic frauds detected to date,” said Director for COVID-19 Fraud Enforcement Kevin Chambers. “The scale and complexity of the schemes prosecuted today illustrates the success of our unprecedented interagency effort to quickly investigate and prosecute those who abuse our critical health care programs.”

This announcement builds on the success of the May 2021 COVID-19 Enforcement Action and involves the prosecution of various COVID-19 health care fraud schemes. For example, several cases announced today involve defendants who allegedly offered COVID-19 testing to induce patients to provide their personal identifying information and a saliva or blood sample. The defendants are alleged to have then used the information and samples to submit false and fraudulent claims to Medicare for unrelated, medically unnecessary, and far more expensive tests or services. In one such scheme in the Central District of California, two owners of a clinical laboratory were charged with a health care fraud, kickback, and money laundering scheme that involved the fraudulent billing of over $214 million for laboratory tests, over $125 million of which allegedly involved fraudulent claims during the pandemic for COVID-19 and respiratory pathogen tests. In two separate cases in the District of Maryland and the Eastern District of New York, owners of medical clinics allegedly obtained confidential information from patients seeking COVID-19 testing at drive-thru testing sites and then submitted fraudulent claims for lengthy office visits with the patients that did not, in fact, occur. The proceeds of these fraudulent schemes were allegedly laundered through shell corporations in the United States, transferred to foreign countries, and used to purchase real estate and luxury items.

“Throughout the pandemic, we have seen trusted medical professionals orchestrate and carry out egregious crimes against their patients all for financial gain,” said Assistant Director Luis Quesada of the FBI’s Criminal Investigative Division. “These health care fraud abuses erode the integrity and trust patients have with those in the health care industry, particularly during a vulnerable and worrisome time for many individuals. The actions of these criminals are unacceptable, and the FBI, working in coordination with our law enforcement partners, will continue to investigate and pursue those who exploit the integrity of the health care industry for profit.”

In the Western District of Tennessee, Raymond Earl Vallier, 52, of Collierville, Tennessee was indicted with theft of government property and aggravated identity theft in connection with a scheme to unlawfully convert CARES Act Provider Relief Fund monies. Vallier was the former owner and operator of North Delta Hospice and Palliative Services LLC, a hospice care center, which, on April 10, 2020, received $107,568.03 from the Provider Relief Fund. North Delta Hospice had ceased seeing patients and billing Medicare and Medicaid by the end of September 2019. According to the indictment, rather than returning the funds deposited, as North Delta Hospice did not qualify for the Provider Relief Fund Payment, the defendant used the name of the deceased owner of North Delta Hospice to falsely attest to the terms and conditions of the Provider Relief Fund — claiming that the funds would be used for expenses related to the treatment of COVID-19 patients — and wrote a check to himself and made a payment on one of his other company’s credit card accounts with the funds. This case is being prosecuted by Trial Attorney Sara E. Porter of the Gulf Coast Strike Force and Assistant U.S. Attorney Tony Arvin of the U.S. Attorney’s Office for the Western District of Tennessee.

In another type of COVID-19 health care fraud scheme announced today, defendants allegedly exploited policies that the Centers for Medicare and Medicaid Services (CMS) put in place to enable increased access to care during the COVID-19 pandemic. For example, in the Southern District of Florida, one medical professional was charged with a health care fraud, wire fraud, and kickback scheme that allegedly involved billing for sham telemedicine encounters that did not occur and agreeing to order unnecessary genetic testing in exchange for access to telehealth patients. Late last year, one defendant previously was sentenced to 82 months in prison in connection with this scheme.

“The attempt to profit from the COVID-19 pandemic by targeting beneficiaries and stealing from federal health care programs is unconscionable,” said Inspector General Christi A. Grimm of the Department of Health and Human Services (HHS). “HHS-OIG is proud to work alongside our law enforcement partners at the federal and state levels to ensure that bad actors who perpetrate egregious and harmful crimes are held accountable.”

Today’s announcement includes charges against two additional defendants for schemes targeting the Provider Relief Fund (PRF). The PRF is part of the Coronavirus Aid, Relief, and Economic Security (CARES) Act, a federal law enacted in March 2020 that provided financial assistance to medical providers to provide needed medical care to Americans suffering from COVID-19. In total, 10 defendants have been charged with crimes related to misappropriating PRF monies intended for frontline medical providers and three have pleaded guilty.

Today’s announcement also includes charges against manufacturers and distributors of fake COVID-19 vaccination record cards who, according to the allegations, intentionally sought to obstruct the HHS and Centers for Disease Control and Prevention in their efforts to administer the nationwide vaccination program and provide Americans with accurate proof of vaccination. For example, in the Northern District of California, three additional defendants were charged in a scheme to sell homeoprophylaxis immunizations for COVID-19 and falsify COVID-19 vaccination record cards to make it appear that customers received government-authorized vaccines. One defendant allegedly misused her position as the Director of Pharmacy at a northern California hospital to obtain real lot numbers for the Moderna vaccine that were then used to falsify COVID-19 vaccination record cards. Another defendant pleaded guilty in April 2022. In a separate case in the Western District of Washington, one manufacturer was charged in the multistate distribution of fake COVID-19 vaccination record cards after allegedly telling an undercover federal agent that “until I get caught and go to jail, [expletive] it I’m taking the money, ha! I don’t care.”

Additionally, the Center for Program Integrity, Centers for Medicare & Medicaid Services (CPI/CMS) separately announced today that it has taken an additional 28 administrative actions against providers for their alleged involvement in fraud, waste, and abuse schemes related to the delivery of care for COVID-19, as well as schemes that capitalize upon the public health emergency.

“We are committed to working closely with our law enforcement partners to combat fraud, waste and abuse in our federal health care programs,” said CMS Administrator Chiquita Brooks-LaSure. “The administrative actions CMS has taken protect the Medicare Trust Funds while also safeguarding people enrolled in Medicare.”

Today’s enforcement actions were led and coordinated by Assistant Chief Jacob Foster and Trial Attorney D. Keith Clouser of the National Rapid Response Strike Force, and Assistant Chief Justin Woodard of the Health Care Fraud Unit’s Gulf Coast Strike Force in the Criminal Division’s Fraud Section. The Fraud Section’s National Rapid Response Strike Force and the Health Care Fraud Unit’s Strike Forces (SF) in Brooklyn, the Gulf Coast, Miami, Los Angeles, and Newark, as well as the U.S. Attorneys’ Offices for the District of Maryland, District of New Jersey, District of Utah, Northern District of California, and Western District of Tennessee are prosecuting these cases. Descriptions of each case involved in today’s enforcement action are available on the department’s website at: https://www.justice.gov/criminal-fraud/health-care-fraud-unit/case-summaries.

In addition to the FBI, HHS-OIG, and CPI/CMS, the U.S. Postal Inspection Service; Department of Defense Office of Inspector General; Department of the Interior Office of the Inspector General; Department of Labor Office of the Inspector General; Food and Drug Administration Office of the Inspector General; Homeland Security Investigations; U.S. Department of Veterans Affairs Office of the Inspector General; and other federal and local law enforcement agencies participated in the law enforcement action.

The Fraud Section leads the Health Care Fraud Strike Force. Since its inception in March 2007, the Health Care Fraud Strike Force, which maintains 15 strike forces operating in 24 federal districts, has charged more than 4,200 defendants who have collectively billed the Medicare program for nearly $19 billion. In addition, the CMS, working in conjunction with the HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.

On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the department’s response to the pandemic, please visit https://www.justice.gov/coronavirus.

The Department of Justice needs the public’s assistance in remaining vigilant and reporting suspected fraudulent activity. To report suspected fraud, contact the National Center for Disaster Fraud (NCDF) at (866) 720-5721 or file an online complaint at: https://www.justice.gov/disaster-fraud/webform/ncdf-disaster-complaint-form. Complaints filed will be reviewed at the NCDF and referred to federal, state, local, or international law enforcement or regulatory agencies for investigation.

An indictment, complaint, or information is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

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Security News: Three Men Charged In Conspiracy To Distribute Millions Of Fentanyl Pills

Source: United States Department of Justice News

Orlando, Florida – United States Attorney Roger B. Handberg announces the unsealing of an indictment charging Patrick Silfrain (40, Winter Garden), aka “Prada,” “Haitian Pat,” Kevin Jean-Gilles (39, Orlando), aka “G,” “Cole,” “Darren Tai,” “Vincent DiPietro,” and Jean Kesnor Choisil (50, Ocoee) with conspiracy to manufacture, distribute, or dispense, or possess with intent to manufacture, distribute, or dispense, at least 400 grams of fentanyl.  If convicted, each faces a mandatory minimum of 10 years, and up to life, in federal prison. The indictment also notifies the defendants that the United States intends to forfeit any assets that are alleged to be traceable to proceeds of the offense.

According to court documents, from at least May 2020 through April 2022, Silfrain, Jean-Gilles, and Choisil conspired to manufacture and distribute fentanyl-laced pills throughout the Middle District of Florida. The pills were manufactured using multiple pill presses that were owned and operated by the defendants and could each produce 5,000 pills per hour.

An indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.

This case is the result of a Drug Enforcement Administration investigation titled “Operation Pillgrim.” This operation specifically targets counterfeit pill production in an effort to reduce fentanyl and other dangerous pills from flooding communities in central and southern Florida.

It will be prosecuted by Assistant United States Attorney Ranganath Manthripragada.

Security News: Long Island Medical Doctor Charged as Part of COVID-19 Health Care Fraud Enforcement Action

Source: United States Department of Justice News

An indictment was returned yesterday in Central Islip charging Dr. Perry Frankel with three counts of health care fraud for an alleged scheme to defraud Medicare and Medicaid of over $1.3 million in claims that were billed during the COVID-19 health emergency in connection with COVID-19 testing. Frankel, a cardiologist and the owner and operator of Advanced Cardiovascular Diagnostics PLLC, allegedly caused the submission of claims to Medicare and Medicaid for office visits that were not performed for patients who received COVID-19 tests at Advanced Cardiovascular Diagnostics PLLC’s mobile testing sites across Long Island, including on dates when Frankel was not present in the state of New York. Frankel was arrested this morning and will be arraigned this afternoon before United States District Judge Joanna Seybert.

Breon Peace, United States Attorney for the Eastern District of New York, Kenneth A. Polite, Jr. Assistant Attorney General of the Justice Department’s Criminal Division; and Scott J. Lampert, Special Agent-in-Charge, U.S. Department of Health and Human Services, Office of Inspector General’s Office of Investigations (HHS-OIG), announced the charges.

“As alleged, exploiting a public health crisis by using patients who received COVID-19 tests at mobile testing sites to fraudulently bill Medicare and Medicaid for fictitious office visits is reprehensible,” stated United States Attorney Peace. “This Office and our law enforcement partners will vigorously prosecute those who take advantage of the pandemic to steal from taxpayer-funded programs.”

“As alleged, Frankel took advantage of the COVID-19 health crisis to engage in a fraud scheme that undermined our health care system and the people it serves,” said HHS-OIG Special Agent in Charge Lampert. “Such scams waste taxpayer funds and drive up healthcare costs for all of us. HHS-OIG and our law enforcement partners will remain vigilant in our efforts to root out all related fraud schemes during the ongoing public health emergency.”

“The Department of Justice’s Health Care Fraud Unit and our partners are dedicated to rooting out schemes that have exploited the pandemic,” said Assistant Attorney General Polite. “Today’s enforcement action reinforces our commitment to using all available tools to hold accountable medical professionals, corporate executives, and others who have placed greed above care during an unprecedented public health emergency.”

The charges filed in Central Islip are part of a coordinated health care fraud enforcement action across nine federal districts, led by the Medicare Fraud Strike Force, that resulted in criminal charges against 21 defendants for their alleged participation in health care fraud schemes related to COVID-19 involving more than $149 million in false and fraudulent claims.

HHS-OIG is investigating the case, which was brought as part of the Medicare Fraud Strike Force under the supervision of the U.S. Attorney’s Office for the Eastern District of New York and the Criminal Division’s Fraud Section. Trial Attorneys Kelly M. Lyons and Patrick J. Campbell of the Fraud Section are in charge of the prosecution.

The Fraud Section leads the Medicare Fraud Strike Force. Since its inception in March 2007, the Medicare Fraud Strike Force, which maintains 15 strike forces operating in 24 districts, has charged more than 4,200 defendants who have collectively billed the Medicare program for nearly $19 billion. In addition, the HHS Centers for Medicare & Medicaid Services, working in conjunction with the HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.

The charges in the indictment are merely allegations, and the defendant is presumed innocent unless and until proven guilty.

The Defendant:
PERRY FRANKEL
Age: 64
Roslyn, New York

E.D.N.Y. Docket No. 22-CR-180