Miami-Area Residents Mayelin Santoyo and Jose Martin Olivares Indicted by a Federal Grand Jury for Alleged Roles in $190 Million Medicare Fraud Scheme

October 1, 2013

The Federal Bureau of Investigation on September 27, 2013 released the following:

“WASHINGTON—Two Miami-area residents were indicted in connection with their alleged participation in a $190 million Medicare fraud scheme.

Acting Assistant Attorney General Mythili Raman of the Justice Department’s Criminal Division; U.S. Attorney Wifredo A. Ferrer of the Southern District of Florida; Special Agent in Charge Michael B. Steinbach of the FBI’s Miami Field Office; and Special Agent in Charge Christopher B. Dennis of the HHS Office of Inspector General (HHS-OIG) Office of Investigations, Miami Office, made the announcement after the indictment was unsealed.

Mayelin Santoyo, 28, and Jose Martin Olivares, 36, were each charged with one count of conspiracy to defraud the United States and to receive illegal health care kickbacks and two counts of receiving health care kickbacks. Each charge carries a maximum penalty of five years in prison upon conviction.

According to the indictment, the scheme that Santoyo and Olivares allegedly participated in lasted from approximately February 2006 to October 2010. The scheme was orchestrated by the owners and operators of American Therapeutic Corporation (ATC) and its management company, Medlink Professional Management Group Inc. (Medlink). ATC and Medlink were Florida corporations headquartered in Miami. ATC operated purported partial hospitalization programs (PHPs), a form of intensive treatment for severe mental illness, in seven different locations throughout South Florida and Orlando. Both corporations have been defunct since their owners were arrested in October 2010.

The indictment alleges that Santoyo and Olivares served as patient brokers who provided ineligible patients to ATC in exchange for kickbacks in the form of checks and cash. The amount of the kickback was based on the number of days each recruited patient spent at ATC. Throughout the course of the ATC conspiracy, millions of dollars in kickbacks were paid in exchange for Medicare beneficiaries who did not qualify for PHP services and who attended treatment programs that were not legitimate PHPs so that ATC could bill Medicare for the medically unnecessary services. According to court filings, to obtain the cash required to support the kickbacks, the co-conspirators laundered millions of dollars of payments from Medicare.

ATC, Medlink, and various owners, managers, doctors, therapists, patient brokers, and marketers of ATC and Medlink have pleaded guilty or have been convicted at trial. In September 2011, ATC owner Lawrence Duran was sentenced to 50 years in prison for his role in orchestrating and executing the scheme to defraud Medicare.

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

The case is being investigated by the FBI and HHS-OIG and was brought as part of the Medicare Fraud Strike Force, under the supervision of the Criminal Division’s Fraud Section and the U.S. Attorney’s Office for the Southern District of Florida. The case is being prosecuted by Trial Attorneys Anne P. McNamara and Robert A. Zink of the Fraud Section.

Since their inception in March 2007, Medicare Fraud Strike Force operations in nine locations have charged more than 1,500 defendants who collectively have falsely billed the Medicare program for more than $5 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.”

————————————————————–

Douglas McNabb – McNabb Associates, P.C.’s
Federal Criminal Defense Attorneys Videos:

Federal Crimes – Be Careful

Federal Crimes – Be Proactive

Federal Crimes – Federal Indictment

Federal Crimes – Detention Hearing

————————————————————–

To find additional federal criminal news, please read Federal Criminal Defense Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition Defense, OFAC SDN Sanctions Removal, International Criminal Court Defense, and US Seizure of Non-Resident, Foreign-Owned Assets. Because we have experience dealing with INTERPOL, our firm understands the inter-relationship that INTERPOL’s “Red Notice” brings to this equation.

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


Ex-NFL player pleads guilty to wire fraud in FBI sting

August 8, 2012

Sun Sentinel on August 7, 2012 released the following:

“By Paula McMahon

A former NFL first-round draft pick who was arrested in an FBI fraud sting earlier this year has pleaded guilty to his role in the crime, court records show.

A second former NFL player arrested in the same sting is scheduled for a change of plea hearing next week in federal court in Miami, according to court records.

Former Oakland Raiders running back Michael Antwon Bennett pleaded guilty last week in federal court in Fort Lauderdale to one count of wire fraud.

He was caught in an operation by the FBI, which set up an undercover financial services store in North Miami between February and April. An undercover agent worked behind the counter and the store was equipped with audio and video surveillance equipment.

Bennett, who turns 34 next week, admitted that he had sent an email to the store fraudulently claiming that he had $9 million in the bank so he could obtain a $200,000 loan, court records show.

Bennett went to the store on April 18 and signed a loan agreement to borrow $200,000 and repay $280,000 after three months. When agents checked the bank account, they found that Bennett had opened an account there about a month earlier but it had a zero balance and there had never been any money in the account.

When Bennett returned to the store and picked up a $150,000 cashier’s check on April 30, he was arrested. FBI agents said he admitted that he altered the bank statement to give the false impression that he had millions of dollars in his account.

The maximum penalty for the offense is 20 years in prison and a fine of up to $250,000 but prosecutors have agreed to recommend a punishment on the lower end of the sentencing guidelines, which are still being calculated, when he is sentenced in October.

Meanwhile another NFL player, William Joseph, is scheduled for a change of plea hearing on Aug. 14 in Miami. The terms of the proposed plea agreement will not be made public until the court hearing.

Joseph, 32, of Miramar, was indicted in May on five federal charges including aggravated identity theft, possession of false identification documents, theft of government money and forgery of U.S. Treasury checks.

Federal authorities said Joseph cashed a $10,088 income tax refund check that was not his and that he did not have permission to cash.

Joseph played for the New York Giants between 2003 and 2007, then spent three years with the Raiders.

Former Syracuse player Louis Gachelin, 31, of Miramar, pleaded guilty earlier this year to theft of government money and aggravated identity theft in the same investigation.”

————————————————————–

Douglas McNabb – McNabb Associates, P.C.’s
Federal Criminal Defense Attorneys Videos:

Federal Crimes – Be Careful

Federal Crimes – Be Proactive

Federal Crimes – Federal Indictment

Federal Mail Fraud Crimes

————————————————————–

To find additional federal criminal news, please read Federal Criminal Defense Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition Defense, OFAC SDN Sanctions Removal, International Criminal Court Defense, and US Seizure of Non-Resident, Foreign-Owned Assets. Because we have experience dealing with INTERPOL, our firm understands the inter-relationship that INTERPOL’s “Red Notice” brings to this equation.

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


FBI says passenger who rushed cockpit at Miami International Airport in custody

May 25, 2012

Sun Sentinel on May 25, 2012 released the following:

“By Erika Pesantes, Sun Sentinel

An unruly passenger was taken into federal custody following his attempt to rush toward the cockpit of an American Airlines plane after landing at Miami International Airport Friday, the FBI said.

Ryan Snider, 24, of Canada, was arrested after the incident aboard American Airlines flight 320 originating from Montego Bay, Jamaica.

He is not believed to be connected to terrorists and was not on the “no fly list,” the FBI said.

Passenger Malik Cann, who said he was a trained security officer from Bermuda, told WSVN-Ch.7 that he helped restrain Snider.

“I gripped him straight by his arm,” Cann said, “We didn’t allow him to harm anyone. He was screaming, ‘Get me off the plane! Get me off the plane!'”

Snider is facing federal charges including interference with a flight crew. His first appearance in federal court is Tuesday, the FBI said.”

————————————————————–

Douglas McNabb – McNabb Associates, P.C.’s
Federal Criminal Defense Attorneys Videos:

Federal Crimes – Be Careful

Federal Crimes – Be Proactive

Federal Crimes – Federal Indictment

Federal Crimes – Detention Hearing

————————————————————–

To find additional federal criminal news, please read Federal Criminal Defense Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition Defense, OFAC SDN Sanctions Removal, International Criminal Court Defense, and US Seizure of Non-Resident, Foreign-Owned Assets. Because we have experience dealing with INTERPOL, our firm understands the inter-relationship that INTERPOL’s “Red Notice” brings to this equation.

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