Houston-Area Physician and Local Businessman Charged in an Alleged Diagnostic Testing Fraud Scheme

May 24, 2012

The Federal Bureau of Investigation (FBI) on May 24, 2012 released the following:

“HOUSTON— Dr. Donald Gibson, II, 56, of Sugarland, Texas, and Sunday Joseph Edem, 53, of Richmond, Texas, have been arrested for health care fraud and conspiracy to commit health care fraud relating medically unnecessary diagnostic testing and physical therapy, United States Attorney Kenneth Magidson announced today.

Both defendants were arrested without incident this morning and are expected to make an initial appearance tomorrow before U.S. Magistrate Judge Mary Milloy.

According to the indictment, returned Thursday, May 17, 2012, and unsealed today upon their arrests, Gibson ordered, prescribed, and authorized medically unnecessary diagnostic tests and other procedures, which included allergy tests, pulmonary function tests, vestibular tests, urodynamic tests, and physical therapy, among others. These services were then billed to Medicare and Medicaid for payment under Gibson’s billing number.

From January 2007 through January 2012, Gibson allegedly caused more than $19.4 million in medical claims to the Medicare and Texas Medicaid Programs. As a result, Medicare deposited approximately $8.5 million into a bank account owned and controlled by Gibson.

The indictment also alleges Edem operated medical clinics under the names of other individuals to conceal his financial interest in the businesses. Edem and Gibson allegedly conspired with one another to cause the submission of false claims to the Medicare and Medicaid programs and share in the proceeds. Gibson and Edem paid patient recruiters for referring Medicare/Medicaid beneficiaries, according to the indictment, and also paid Medicare beneficiaries for showing up at the medical clinics.

This case is the result of a joint investigation involving multiple federal and state agencies, including agents and investigators of the Railroad Retirement Board, Secret Service, Drug Enforcement Administration, FBI, the Texas Attorney General’s Medicaid Fraud Control Unit, and U.S. Department of Health and Human Services-Office of Inspector General. Special Assistant U.S. Attorney Justin Blan and Assistant U.S. Attorney Andrew Leuchtmann are prosecuting this case.

An indictment is a formal accusation of criminal conduct, not evidence. A defendant is presumed innocent unless convicted through due process of law.”

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Douglas McNabb – McNabb Associates, P.C.’s
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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.


Mount Pleasant Man Charged with Allegedly Committing Federal Grant Fraud; Charged with His Wife in an Alleged Campaign Finance Fraud

September 20, 2011

The Federal Bureau of Investigation (FBI) on September 19, 2011 released the following:

“United States Attorney Bill Nettles stated today that two indictments previously returned by a federal grand jury were unsealed today. A 36-count indictment charges that Mount Pleasant native Jian-Yun Dong and one of his companies, Vaxima, Inc., committed a number of offenses relating to the fraudulent use and conversion of funds received as federal grants. The indictment charges that the defendants submitted false claims for payment of federal grant monies and that they used grant funds received for scientific research for prohibited purposes. Specifically, this indictment charges that Dong, as the president and chief executive officer of GenPhar, Inc, (1) submitted false claims to federal agencies in violation of Title 18, United States Code, Section 287; (2) converted grant funds to his own use in violation of Title 18, United States Code, Sections 641 and 666; and (3) committed wire fraud, in that he used interstate communications to execute a scheme to defraud the United States, in violation of Title 18, United States Code, Section 1343. The indictment also charges that Defendant Vaxima, Inc, a corporation owned solely by Dong, assisted in the execution of the scheme.

The second indictment charges Dong (54) and his estranged wife, Danher Wang (52) with violations of federal campaign laws. The seven-count indictment charges that Dong and Wang conspired to make illegal campaign contributions in the names of other persons using money from a foreign national, in violation of Title 18, United States Code, Section 371. The indictment further alleges in other counts that Dong and Wang made or caused others to make illegal contributions after they (Dong and Wang) exceeded their maximum contribution allowance, in violation of Title 2, United States Code, Sections 437(g)(1)(D)(I) and 441f. According to the indictment, contributions were made in a way to conceal their true origin from the FEC, campaigns and the public. Finally, the indictment alleges that Dong made false statements to law enforcement agents (in violation of Title 18, United States Code, Section 1001) and that Dong attempted to illegally influence the testimony of a witness in violation of Title 18, United States Code, Section 1512.

As to the grant fraud indictment, the maximum sentences Dong faces for wire fraud regarding the misuse of federal grant funds is 30 years’ imprisonment as to each count, with a maximum fine of $250,000 per count. Dong faces sentences of up to 10 years for the other charges contained in this indictment. Both Dong and Wang face maximum sentences of five years’ imprisonment and a $250,000 fine for each count of campaign finance fraud, and Dong faces an additional maximum sentence of 20 years as to the witness tampering charges in the first indictment.

These companion cases were investigated by agents of the Department of Defense Criminal Investigative Service, U.S. Department of Health and Human Services Office of Inspector General, the Federal Bureau of Investigation, United States Army Criminal Investigation Command, and the Naval Criminal Investigative Service. The cases will be prosecuted by Assistant United States Attorneys Mark C. Moore and Debbie Barbier of the Columbia office.

The United States Attorney stated that all charges in these Indictments are merely accusations and that all defendants are presumed innocent until and unless proven guilty.”

To find additional federal criminal news, please read Federal Crimes Watch 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 and OFAC SDN Sanctions Removal.

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.

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