Federal Criminal Defense Lawyers

Dilorom Asimova, age 50, of Aurora, Colorado, surrendered today to federal agents in Denver, and Terry Gardner, age 62, of Chesterfield, Missouri, was arrested July 8, 2010, by federal agents in St. Louis, based on a sealed grand jury indictment returned on May 17, 2010, charging both defendants with health care fraud.

According to the indictment, TJD Medical Center and Rehab was a Colorado corporation formed on August 19, 2003, by three individuals, including defendants Asimova and Gardner. TJD had two office locations, one in Wheat Ridge, and the other in Aurora. Asimova was the original registered agent, although that later was changed to Gardner being the registered owner. TJD was a medical practice which served both Medicare and Colorado Medicaid, as well as other private and government sponsored health insurance programs. TJD was allowed to submit Medicare claims for reimbursement electronically rather than by mail.

Gardner, the owner of TJD, is a licensed commercial airline pilot. He has also been a licensed physician in Colorado since May 25, 2001. Gardner could not dedicate his full-time employment to TJD because he was also working as a full-time commercial airline captain for Trans States Airlines based out of St. Louis, Missouri. At no time was Asimova a licensed doctor in Colorado or any other state in the U.S.

From October 2003, and continuing until February 2009, the indictment alleges that Asimova and Gardner did knowingly and willfully conspire with each other and others to execute a scheme to defraud Colorado Medicaid and Medicare programs in connection with the delivery of payment for health care benefits. The indictment further alleges that the two defendants made materially false statements and writings to Colorado Medicaid and Medicare in connection with the delivery of health care benefit payments.

Dilorom Asimova is charged with one count of conspiracy to commit health care fraud, 12 counts of health care fraud, and one count of making a false statement. Terry Gardner is charged with one count of conspiracy to commit health care fraud, 12 counts of health care fraud, and one count of making false statements in relation to a health care matter. If convicted of conspiracy to commit health care fraud, the defendants face not more than five years’ incarceration, and up to a $250,000 fine. If convicted of health care fraud, both defendants face not more than 10 years in federal prison, and a fine of up to $250,000, per count. If convicted of making a false statement, each defendant faces not more than five years’ imprisonment, and up to a $250,000 fine.

The charges contained in the indictment are allegations, and the defendants are presumed innocent unless and until proven guilty.

Douglas McNabb and other members of the firm practice and write extensively on matters involving Federal Criminal Defense, Interpol Litigation, International Extradition and OFAC Litigation.

The author of this blog is Douglas McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.