TEXAS PHYSICIAN AND TWO TEXAS NURSES CONVICTED FOR ROLES IN HOME HEALTH CARE FRAUD SCHEME

   A federal jury found one physician and two nurses guilty today of health care fraud, and one physician and one nurse guilty of conspiracy to commit health care fraud, all for their roles in a home health fraud scheme.

U.S. Attorney Erin Nealy Cox of the Northern District of Texas, Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division, Special Agent in Charge C.J. Porter of the U.S. Department of Health and Human Services Office of Inspector General’s (HHS-OIG) Dallas Region, Special Agent in Charge Eric Jackson of the FBI’s Dallas Field Office and Director of Law Enforcement David Maxwell of the Texas Attorney General’s Medicaid Fraud Control Unit (MFCU) made the announcement. 

After a five-day trial, Kelly Robinett, M.D., 70, of Denton County, Texas; and Kingsley Nwanguma, 47, of Dallas County, Texas were each convicted of one count of conspiracy to commit health care fraud.  In addition, Robinett and Nwanguma were each convicted of three counts of health care fraud, and Joy Ogwuegbu, 42, of Collin County, Texas was convicted of four counts of health care fraud.  Sentencing before U.S. District Judge Reed O’Connor of the Northern District of Texas, who presided over the trial, has not yet been scheduled. 

“Medical professionals Kelly Robinett, Kingsley Nwanguma, and Joy Ogwuegbu engaged in a multimillion-dollar scheme to defraud the taxpayer-funded Medicare program by certifying patients for medically unnecessary home health services and falsifying medical records to hide their crimes,” said Acting Assistant Attorney General Cronan.  “The Criminal Division and our law enforcement partners are committed to protecting taxpayer dollars by vigorously pursuing medical professionals and anyone else who seeks to profit off our federal health programs through fraud and deceit.” 

“The significance of this case highlights the responsibility healthcare workers, especially physicians and nurses, have to protect not only their patients, but prevent fraud against any federal health insurance program during the performance of their duties,” said Eric K. Jackson, FBI Dallas Special Agent-In-Charge. “Their decision to undertake this level of fraud against the government is something that the FBI will always make a priority to investigate and bring to justice those who would use their influential positions and their access for personal gains.”

“All patient care decisions must be based on legitimate assessments of medical need,” said CJ Porter, Special Agent in Charge for the Office of Inspector General of the U.S. Department of Health and Human Services.  “In this case, decisions revolved around a fraud scheme to enrich the defendants.  The Office of Inspector General, with our enforcement partners, will continue to pursue prosecutions of this nature to protect federal health care program dollars.”

From 2007 through 2015, Robinett, Nwanguma, and others, engaged in a scheme to defraud Medicare by submitting and causing the submission of false and fraudulent claims to Medicare, through Timely Home Health Services Inc. (Timely), a home health agency, and Boomer House Calls, a physician house call company.  The evidence presented at trial showed that Robinett, a doctor of osteopathic medicine, certified Medicare beneficiaries—whom he had never seen and did not care to see—for medically unnecessary home health services that were often not provided.  The evidence further established that Ogwuegbu, a registered nurse, falsified nursing assessments and Nwanguma, a licensed vocational nurse, falsified nursing notes, to make it appear as if Medicare beneficiaries were qualified for and were provided skilled nursing services.   

Evidence at trial demonstrated that Timely billed Medicare for over $11.3 million for home health services purportedly provided to Timely’s patients, some of which was attributable to certifications Robinett signed.  Robinett’s company Boomer House Calls billed Medicare approximately $1 million for medically unnecessary home health certifications and services and physician’s home visits. 

Four other defendants, have been convicted in this matter and in a related case.  

The Medicare Fraud Strike Force operations are part of a joint initiative between the Department of Justice and HHS to focus their efforts to prevent and deter fraud and enforce current anti-fraud laws around the country.  The Medicare Fraud Strike Force operates in nine locations nationwide.  Since its inception in March 2007, the Medicare Fraud Strike Force has charged over 3,500 defendants who collectively have falsely billed the Medicare program for over $12.5 billion. 

Former Leader Of New York Chapter Of United Gamefowl Breeders Association Convicted For Animal Welfare Offense For Cockfighting Venture

Thomas Carrano Convicted of Conspiring to Raise, Train, and Sell Roosters for Cockfighting

  Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced that THOMAS CARRANO was convicted today by a unanimous Manhattan jury of conspiring to possess, sell, and transport roosters for purposes of participation in animal fights around the United States. The defendant was convicted after a five day trial before the Honorable Sidney H. Stein.

Manhattan U.S. Attorney Geoffrey S. Berman said:  “Thomas Carrano, the leader of an association that claimed to ‘not promote cockfighting in any way,’ was convicted of that very thing.  Carrano cared not a whit for the welfare of the roosters he raised, sold, and transported for participation in the cruel and inhumane ‘sport’ of cockfighting.  Thanks to the ASPCA and our law enforcement counterparts, justice has come home to roost for Thomas Carrano.”

The evidence at trial showed, among other things, the following:

Cockfighting is an activity in which two roosters are put forward to fight one another for sport and entertainment.  The roosters typically have metal spurs, known as gaffs, or plastic spurs, known as “postiza,” affixed to their legs for use in the fight.  The fights between roosters are ended when one rooster is dead or refuses to continue to fight.  If not killed during the fight, the losing rooster is typically killed afterwards.  Roosters involved in cockfighting will often be mutilated in preparation for fights, typically by cutting off the rooster’s comb and wattle and shaping the rooster’s spur. 

From January 2012 up June 2017, THOMAS CARRANO, a member and former president of the New York chapter of the United Gamefowl Breeders Association (“NYUGBA”), conspired with others – including a co-conspirator in the Bronx, New York – to buy, sell, transport, and receive roosters for cockfighting and to buy, sell, and transport cockfighting weapons.  CARRANO used two social media accounts – one in his own name, and one in NYUGBA’s name – to communicate with co-conspirators, including members of NYUGBA and others who were located in the Southern District of New York.  The NYUGBA claimed to be devoted solely to breeding rare gamefowl for poultry shows.  Yet in messages sent through these social media accounts, CARRANO discussed breeding and training roosters for cockfighting, the sale and purchase of gaffs and postizas for cockfighting, and CARRANO’s personal participation in cockfighting.

On May 23, 2017, law enforcement personnel executed a search warrant at CARRANO’s gamefowl farm in Ontario, New York.  During the search, law enforcement officers discovered, among other things, gaffs, postizas, shears for dubbing roosters, a rooster sparring dummy, a specialized ladder used to train fighting roosters, cockfighting supplements, and videos of roosters being trained for cockfights.  In addition, law enforcement officers recovered approximately 104 chickens, including 19 adult roosters and 12 adolescent roosters, many of which had their natural spurs, combs, wattles, and/or earlobes removed.            

CARRANO, 44, of Ontario, New York, is convicted of one count of conspiring to sell, possess, and transport animals for purposes of participating in an animal fight, which carries a maximum penalty of five years in prison.  The maximum potential sentence in this case is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.

Mr. Berman praised the outstanding investigative work of the U.S. Department of Agriculture, Office of Inspector General, and the New York City Police Department’s Animal Cruelty Investigations Squad, and thanked them for their ongoing support and assistance with the case.  Mr. Berman also thanked the American Society for the Prevention of Cruelty to Animals and the Spotsylvania County Sheriff’s Office for their assistance in this case. 

Former Baruch College Basketball Coach And Athletics Official Sentenced To 20 Months In Prison For Embezzling More Than $700,000

  Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced today that MACHLI JOSEPH was sentenced to 20 months in prison for embezzling more than $700,000 in funds intended for Baruch College for the rental of their athletic facilities.  JOSEPH pled guilty in January 2018 before U.S. District Judge Paul A. Crotty, who imposed today’s sentence.   

Manhattan U.S. Attorney Geoffrey S. Berman said:  “Machli Joseph used the facilities of Baruch College as his own cash machine, renting them out without approval and without compensation to the school.  All told, his scheme diverted nearly three-quarters of a million dollars that should have been paid to the college.  Our Office is committed to pursuing those who misappropriate educational funds for their own profit.”

According to the Information and Complaint filed in this case, and statements made during the plea proceeding:     

MACHLI JOSEPH served as an athletic department official at Baruch College between 2002 and 2016.  He served as Baruch’s women’s basketball head coach between 2004 and 2014, its men’s basketball coach in 2002, as assistant athletic director from 2003 to 2011, and as associate athletic director from 2011 until August 2016.  At times when the Baruch College gym was not being used by the school’s athletic teams, it could be rented out to outside parties.  In his administrative capacity, JOSEPH had control over those gym rentals and their scheduling.

On numerous occasions between 2010 and 2016, JOSEPH rented the gym to outside parties, ostensibly on behalf of Baruch College.  In instructing the renting parties on how to provide payment, however, JOSEPH directed that payment be made to entities that were not, in fact, connected to Baruch College.  Instead, they were entities with bank accounts over which JOSEPH had personal control, some of which merely sounded like Baruch-affiliated entities.  On several occasions, JOSEPH simply directed that payment be made directly to him or individual associates of his.  Many of these funds were ultimately spent on personal expenses and items for JOSEPH and his family, including renovations to his home in New Jersey.  All told, the scheme improperly diverted over $700,000 of payments intended for Baruch College.

In addition to the prison term, JOSEPH, 43, of Elizabeth, New Jersey, was sentenced to three years of supervised release and ordered to forfeit $787,194, and to pay the same amount in restitution. 

Mr. Berman praised the investigative work of the Department of Education – Office of the Inspector General and the New York State Inspector General’s Office.  

Three People Shot Dead in Castle Hill

  Police from the 43rd precinct responded to a call of shots fired at a Castle Hill strip mall. When they arrived they found three people had been shot and killed. This area which is right across the street from the Castle Hill Houses is prone to violence.

  It appears that at the table set up in front of the medical center (in the photo above) is where the shooting occurred. The red cones on the ground are where empty casings were found and marked. the victims were identified as Mustafa Tarver age 33, Christopher Alleyne also age 33, and Arileida Jimenez age 45 who is believed to have been an innocent bystander. 

 In talking to neighborhood residents who would answer questions, it seems that there was an altercation over the weekend which may have led to this shooting. The residents also said that there is a lot of trouble in the neighborhood, but this is something nobody expected. 

City Councilman Ruben Diaz Sr. and State Senator Luis Sepulveda were on scene when I arrived, but they were talking to people promoting the candidate for assembly who is the choice of The Bronx Democratic County Leader Marcos Crespo, and just happens to be a nurse. I could hear people say you come around after people are killed, and their blood is in the street to promote your candidate for office. 

Police closed off the entire street in front of the mall, and searched the Castle Hill Houses looking for the shooter who remains at large. I spoke with the commanding officer of the 43rd precinct who said that this is an active investigation, and she could not comment any further. Police do have video of the shooter and the shooting. 

Twenty-Two Members Of Manhattan Crew Charged In Manhattan Federal Court With Narcotics And Firearms Offenses

  Geoffrey S. Berman, the United States Attorney for the Southern District of New York, William F. Sweeney Jr., the Assistant Director-in-Charge of the New York Field Division of the Federal Bureau of Investigation (“FBI”), and James P. O’Neill, the Commissioner of the New York City Police Department (“NYPD”), announced the unsealing today of an Indictment charging 22 members of a crew operating in and around the Thomas Jefferson Houses in Manhattan with narcotics conspiracy and firearms offenses. 

A total of 14 defendants were taken into custody; two other defendants were already in federal custody.  Sixteen of the 22 defendants will be presented and arraigned before U.S. Magistrate Judge Henry B. Pitman later today.  The case is assigned to U.S. District Judge Andrew L. Carter.   

U.S. Attorney Geoffrey S. Berman said: “In this Office’s continuing effort to improve the quality of life for the law-abiding and rent-paying residents of NYCHA housing, today’s indictment charges 22 members with allegedly operating a serious drug distribution network to deal crack cocaine in and around the Jefferson Houses in East Harlem.  These drugs destroy lives and cripple communities.  In addition, members of the crew allegedly possessed firearms to further their drug operation, bringing the danger of gun violence to the streets of New York.  Thanks to the outstanding work of the FBI and NYPD, the defendants will now face justice in federal court.” 

FBI Assistant Director-in-Charge William F. Sweeney Jr. said:  “As alleged, these drug dealers hold communities hostage by creating an atmosphere of fear, and the wares they’re pushing are now having a deadly impact beyond our city.  The FBI Metro Safe Streets Task Force, which made today’s arrests, is committed to deterring street violence and will continue to pursue those that endanger New York City communities.”  

As alleged in the Indictment unsealed today in Manhattan federal court and in other court papers[1]:

From 2014 up to June 2018, JOSE HERNANDEZ, a/k/a “Cheerio,” a/k/a “Bheerio,” CHRISTOPHER LAWRENCE, a/k/a “Hood,” a/k/a ”H.O.,” a/k/a “Peanut,” LUIS AVILES, a/k/a “Toby,” GERALDO BUSANET, a/k/a “Bunazie,” SAMMUEL CABAN, a/k/a “Sammy,” JASON DAVENPORT, a/k/a “Jay,” JAMER DAVIS, a/k/a “J-Rock,” JERRELL FULCHER, a/k/a “Relly,” a/k/a “Butta,” RICO GONZALEZ, CLARENCE GRANDY, a/k/a “Butta,” TITO LLANES, a/k/a “Reek,” BENJAMIN LUCRE, a/k/a “Gotti,” DERRICK RICHARDSON, a/k/a “Fazo,” PARIS ROBERTS, a/k/a “Rambo,” ROCKY SANCHEZ, EDWIN SANTANA, a/k/a “E.B.,” a/k/a “Fat,” a/k/a “Defat,” LARRY SMITH, a/k/a “Scrap,” SHAHIEME SMITH, a/k/a “Mills,” a/k/a “Ira,” ISAAC SOLER, a/k/a “Doughboy,” DYLAN WILLIAMS, a/k/a “Rock,” a/k/a “Rockyo,” JAMES WILSON, a/k/a “Gotti,” and ROBERT WRIGHT, a/k/a “Rob Santana,” participated in a conspiracy to distribute 280 grams and more of crack cocaine and in around the Jefferson Houses, a public housing project in East Harlem, New York.

From 2014 up to June 2018, certain members of this Crew, namely JOSE HERNANDEZ, CHRISTOPHER LAWRENCE, BENJAMIN LUCRE, EDWIN SANTANA, LARRY SMITH, ISAAC SOLER, and DYLAN WILIAMS used, carried, and possessed firearms in furtherance of the crack cocaine conspiracy of which they were members.    

Charts containing the names, charges, and maximum penalties for the defendants are set forth below.  The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by the judge.

Mr. Berman praised the outstanding investigative work of the FBI and NYPD, and commended the NYPD's Manhattan North Narcotics, Major Case. 

The charges contained in the Indictments are merely accusations, and the defendants are presumed innocent unless and until proven guilty.       

COUNT	CHARGE	DEFENDANTS	MAX. PENALTIES
1	Narcotics conspiracy 21 U.S.C. §§ 841(b)(1)(A) and 846	JOSE HERNANDEZ, 31 CHRISTOPHER LAWRENCE, 34 LUIS AVILES, 31 GERALDO BUSANET, 31 SAMMUEL CABAN, 28 JASON DAVENPORT, 30 JAMER DAVIS, 23 JERRELL FULCHER, 21 RICO GONZALEZ, 21 CLARENCE GRANDY, 20 TITO LLANES, 22 BENJAMIN LUCRE, 18 DERRICK RICHARDSON, 21 PARIS ROBERTS, 19 ROCKY SANCHEZ, 23 EDWIN SANTANA, 29 LARRY SMITH, 28 ISAAC SOLER, 27 DYLAN WILLIAMS, 20 JAMES WILSON, 29 ROBERT WRIGHT, 23	Life in prison Mandatory minimum of 10 years in prison
2	Using or carrying a firearm during and in relation to, or possessing a firearm in furtherance of a drug trafficking crime 18 U.S.C. §§ 924(c ) and 2	JOSE HERNANDEZ CHRISTOPHER LAWRENCE BENJAMIN LUCRE EDWIN SANTANA LARRY SMITH ISAAC SOLER DYLAN WILLIAMS	Life in prison Mandatory minimum of five years in prison

[1] As the introductory phrase signifies, the entirety of the text of the Indictment constitutes only allegations, and every fact described herein should be treated as an allegation.

A.G. Underwood Announces Victory In Ongoing Lawsuit Against Charter-Spectrum

First Department Fully Rejects Charter-Spectrum’s Motion to Dismiss AG’s Lawsuit; Decision Affirms Victory in NY Supreme Court in February

AG’s Suit Alleges that Charter-Spectrum Promised Internet Speeds It Knew It Could Not Deliver

   New York Attorney General Barbara D. Underwood released the following statement, upon a decision by the Appellate Division, First Department rejecting Charter-Spectrum’s motion to dismiss the Attorney General’s lawsuit:

“This decision affirms the basic principle that our office – and state attorneys general nationwide – can continue to protect consumers from fraud by their internet service providers. 

We look forward to moving our case forward and holding Charter and its predecessor Time Warner Cable accountable for promising New York consumers internet speeds they could not deliver.”

Last year, the New York Attorney General sued Charter-Spectrum. Earlier this year, the New York Supreme Court fully dismissed Charter-Spectrum’s motion to dismiss.

STATEMENT FROM BRONX DA DARCEL CLARK, BROOKLYN DA ERIC GONZALEZ, QUEENS DA RICHARD BROWN, AND MANHATTAN DA CYRUS VANCE, JR., ON SCHOOL SPEED SAFETY CAMERA LEGISLATION (S6046A)

 "Drivers speeding in school zones endanger the lives of children. State lawmakers must allow cities to do everything in their power to stop entirely preventable crashes. The Assembly has passed this bill, and the Governor supports it. We strongly urge the Senate to pass speed camera legislation today. Our children's lives depend on it.”

EDITOR'S NOTE:

  It is unfortunate that that these four of the five New York City District Attorney's have also been taken in by the NYC DOT. 

The DOT surveyed a street for the Speed Camera program that it knew would be a street where there was speeding. I would not be surprised if several streets were surveyed, and the street with the highest number of speeders was chosen to be the street to be used. 

While the announcement came aat PS 81 everyone thought the street which was surveyed was the street in front of the school. In fact the DOT surveyed a street several blocks away from the school, a street behind the Russian Mission, which leads into the Henry Hudson Parkway South to Manhattan, and leads into the private community of Fieldston.

The four District Attorney's should investigate how the DOT choose the street it surveyed, why the DOT gave the impression that it was the street in front of a school, and how they tricked the state legislature.

The real answer is to have more police officers on the streets pulling over speeders, those who drive through not only red lights, but also stop signs, and most importantly the few reckless drivers who are currently on the road.

Comptroller Stringer Statement on School Zone Speed Cameras

  “The New York State Senate is putting the lives of our children in direct danger by failing to renew and expand New York City’s ability to use speed cameras near schools. Children on their way to school or the playground deserve the protection of speed cameras, which we know reduce speeding by a staggering 63% and pedestrian injuries by 23%. The Senate must quickly return and pass this lifesaving measure.”

In March, Comptroller Stringer released an analysis on reckless drivers. The report found that over 121,000 New York City vehicles received more than five tickets for speeding near schools and running red lights in just 26 months alone – and 1,107 times per day, a vehicle with multiple violations brazenly blows through a red light or speeds through a school zone.

EDITOR'S NOTE:

Comptroller Stringer while quoting numbers which he knows that he can not identify which drivers were speeding, or just whom was at the wheel of the vehicle. The comptroller is just like the DOT which announced figures at PS 81 in the Bronx that ninety percent of the drivers it surveyed were speeding over the then 30 MPH limit, even by only one mile over the limit. 

The DOT did not survey the street in front of PS 81 which everyone thought they did. The DOT surveyed a street several blocks away from PS 81 which was behind the russian Mission, which led to the Southbound Henry Hudson Parkway, and into the private community of Fieldston. 

You see Comptroller Stringer you are doing the very same thing that the DOT did to get speed cameras passed. By the way how many of the 121,000 vehicles were Uber, Lyft or similar 'for hire' cars, trucks, or buses from the MTA or even school busse?

It is just an added on cost to the consumer.