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Criminal Proceedings

This archive displays posts tagged as involving criminal law proceedings relevant to whistleblowers. You may also be interested in our pages:

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December 17, 2018

Margarita Palomino, of Homestead, Florida, has been sentenced to over six years in prison for her part in a health care scheme which defrauded Medicare out of $4.65 million. The scheme involved three home health agencies that claimed to provide services to Medicare patients. Palomino, licensed as a physician in Cuba, but not in the United States, admitted that she provided home health care nursing visits and prepared the accompanying medical records as would a licensed medical professional in the U.S. Furthermore, between the approximate time of January 2010 and January 2014, Palomino admitted to accepting kickbacks in return for the referral of Medicare beneficiaries, the majority of whom did not need or even qualify for the services. In addition to spending 78 months in prison, Palomino has been ordered to pay $4,658,241.00 in restitution and to forfeit $186,650.50.  DOJ        

November 27, 2018

Twelve individuals have been charged by a federal grand jury in a 22-count indictment related to a multi-year conspiracy to defraud the Pennsylvania Medicaid Home Care Program. The indictment lists a multitude of fraudulent acts by the defendants, alleging that they: submitted false claims for services that were not provided, misused consumers’ personal identifying information, provided false documentation during state audits, and even submitted claims to Medicaid for home care services for consumers who were hospitalized or no longer alive. Ten of the defendants reside in Western Pennsylvania, one is a resident of Georgia, and the twelfth defendant is a resident of South Carolina. Between January 2011 and April 2017, the conspirators, who owned and operated the home health care companies, received more than $87,000,000 in Medicaid payments.  The conspiracy and health care fraud charges each carry a maximum total sentence of 10 years in prison, a fine of $250,000, or both.  DOJ

November 27, 2018

Following a guilty plea for receiving over $1 billion in bribes, the former Venezuelan national treasurer, Alejandro Andrade Cedeno ("Andrade"), was sentenced to ten years in prison and agreed to a forfeiture money judgment of $1 billion.  Andrade received the bribes in cash as well as private jets, yachts, cars, homes, champion horses, and high-end watches, in exchange for selecting the bribers to conduct currency exchange transactions for the Venezuelan government. DOJ

November 19, 2018

Teymour Khoubian of Beverly Hills, California, has pleaded guilty to filing false tax returns which concealed offshore accounts he held and earned income from.  Khoubian had declined to disclose the accounts under the IRS's Offshore Voluntary Disclosure Program.  As part of his guilty plea, Khoubian agreed to a penalty of $7.7 million and an additional $612,310 in restitution to the IRS. Khoubian faces a prison sentence of three years.  DOJ

November 16, 2018

A New Jersey-based doctor, Dr. Bernard Ogon, has been charged with participating in a compound pharmacy fraud that caused over $20 million in losses to health care benefit programs, including $3 million in losses to TRICARE. In exchange for a per-prescription payment, Ogon allegedly signed prescriptions that were pre-filled by telemedicine companies on behalf of patients he never saw. On multiple occasions, the prescriptions were for pain and scar creams that were not medically necessary, and were in fact exorbitantly expensive when made by a compound pharmacy. Ogon was also accused of writing prescriptions for patients in states that he was not licensed to practice in; if convicted, he faces a maximum of 10 years in prison. USAO NJ

November 16, 2018

The owner of Virginia-based Family Discount Pharmacy, Jerry R. Harper, Jr., was sentenced to 41 months in prison for failing to account for and pay more than $5 million in employment tax liabilities, despite withholding such taxes from employee wages.  Between 1998 and 2014, Harper filed only one quarterly employment tax return for the pharmacy.  DOJ

November 16, 2018

Hyundai Construction Equipment Americas Inc. has pleaded guilty for conspiring to defraud the United States and violate the Clean Air Act in connection with its importation of construction equipment from Korea with engines that failed to meet U.S. emissions standards.  Hyundai will pay a $1.95 million criminal fine.  In reports to the EPA, Hyundai intentionally understated the number of noncompliant engines it imported.  DOJ

November 14, 2018

After pleading guilty last year, the owner of two health clinics in Detroit has been sentenced to 160 months in prison and ordered to pay over $6 million for defrauding Medicare. Along with multiple co-defendants, Jacklyn Price allegedly took part in a scheme to bill Medicare for services that were obtained through kickbacks, not medically necessary, not actually provided, or provided by an unlicensed practitioner. Her co-defendants, Millicent Traylor, Muhammad Qazi, and Christina Kimbrough, were all sentenced in September. DOJ

November 13, 2018

Naum Morgovsky and Irina Morgovsky were sentenced following their guilty pleas for conspiracy to illegally export components for the production of night-vision and thermal devices to Russia in violation of the Arms Export Control Act, and for laundering the proceeds of the scheme.  The defendants purchased products using their U.S. business, Hitek International, representing that the products would not be exported.  The couple then shipped the products to Moscow-based Infratech using a variety of front companies and shipping methods.  They were sentenced to 108 months and 18 months, respectively, were assessed a $1 million fine, and forfeited $223 thousand.  DOJ

November 8, 2018

Renee Christine Borunda of Greensboro, North Carolina, was sentenced to prison and ordered to make restitution to the North Carolina Medicaid program for conduct that defrauded Medicaid.  Borunda, who worked for a behavioral health services provider, used a therapist's personal information to submit false bills for behavioral services, claiming that services were provided to over 200 different Medicaid recipients when no such services were rendered.  USAO EDNC; NC
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