Puerto Rico
Quick Reference: May 26, 2010 - Emilio Vicenty Asad Charged on 234 Counts for Medicare Fraud – Read More March 18, 2010 - Edgar Herran García Indicted and Arrested For Health Care Fraud and Aggravated Identity Theft - Read More |
Emilio Vicenty Asad Charged on 234 Counts for Medicare Fraud (U.S. Attorney for the District of Puerto Rico)
San Juan, Puerto Rico - On May 26, 2010, a grand jury returned a two hundred and thirty four (234) count indictment charging Emilio Vicenty Asad with healthcare fraud, false statements and aggravated identity theft, announced United States Attorney for the District of Puerto Rico, Rosa Emilia Rodríguez-Vélez. The defendant was arrested today by agents of the U.S. Department of Health and Human Services, Office of Inspector General (HHS-OIG) and the Federal Bureau of Investigation (FBI).
The indictment alleges that from on or about January, 2006, and continuing through to on or about March, 2008, defendant Vicenty Asad, owner of Viasa Home and Medical Supplies Inc., COLAB Inc., and/or EVA, unlawfully enriched himself by falsely and fraudulently representing that the medical conditions of various Medicare beneficiaries were such that Pressure Reducing Support Surfaces, such as power pressure reducing air mattresses and power air overlays for mattresses, were medically necessary when in fact the equipment was never provided.. It is further alleged that the defendant well knew that the beneficiaries were either dead or did not suffer from such medical conditions and did not qualify to receive the durable medical equipment.
“We will continue prosecuting medical service providers who jeopardize the availability of the benefits that the Medicare Program provides to so many people in Puerto Rico,”said U.S. Attorney Rosa Emilia Rodríguez-Vélez. “The U.S. Attorney’s Office will continue working together with the Department of Health and Human Services and the Federal Bureau of Investigation to protect the rights and benefits received by our citizens through the Medicare Program, and to prevent the misappropriation of those funds.”
“OIG and its law enforcement partners take allegations of Medicare and Medicaid fraud very seriously, including fraud related to durable medical equipment," said Thomas F. O'Donnell, a Special Agent in Charge with the U.S. Department of Health and Human Services Office of Inspector General. "We continue our vigilance and will use all available resources in detecting and investigating those who defraud these valuable healthcare programs and jeopardize legitimate services needed by the poor and the elderly.”
"This Medicare fraud in excess of $600,000.00 dollars was committed by one individual during a two year period. How many more of these individuals are out there who just don't learn that crime doesn't pay? Medicare fraud and financial fraud will continue to deteriorate our lives in the long run," said Luis Fraticelli, Special Agent in Charge of the FBI-San Juan Field Office. "I commend the Office of the Inspector General of the U.S. Dept. of Health and Human Services for taking the lead in vigorously pursuing Medicare and healthcare fraud in Puerto Rico and the Continental United States."
Maximum penalties for the offenses alleged in the indictments are up to10 years of imprisonment and fines of up to $250,000.00. The indictments also include forfeiture allegations that seek to forfeit from the defendants the amount of $330,436.30, the loss to Medicare as a result of the fraudulent claims.
The investigation was conducted by the Department of Health and Human Services, Office of Inspector General and the FBI. The case is being prosecuted by Assistant United States Attorney Julia Díaz-Rex.
Criminal indictments are only charges and not evidence of guilt. A defendant is presumed to be innocent until and unless proven guilty.
Edgar Herran García Indicted And Arrested For Health Care Fraud And Aggravated Identity Theft (U.S. Attorney for Puerto Rico)
San Juan, Puerto Rico - On March 18, 2010, a grand jury returned an 82-count indictment charging Edgar Herran García of health care fraud and aggravated identity theft, announced United States Attorney for the District of Puerto Rico, Rosa Emilia Rodríguez-Vélez, Food and Drug Enforcement (FDA) Resident Agent in Charge Ralph Culkin and Special Agent in Charge of Health and Human Services, Office of Inspector General (HHS-OIG) Thomas O'Donnell.
From on or about August 13, 2007, and continuing through on or about October 30, 2008, the defendant executed a scheme and artifice to defraud Triple S, a health care benefit program. Herran García submitted, and caused to be submitted, to Triple S, through MC-21, the Pharmacy Benefit manager to local pharmacies, false and fraudulent claims for the cost of prescription drugs by issuing fraudulent prescriptions to Triple S members.
Edgar Herran García, who does not possess any license to practice medicine in Puerto Rico, issued fraudulent medical prescriptions for prescription drugs, including antibiotics, blood thinners and cholesterol medications. As a result of the fraudulent claims, Herran García caused Triple S to pay claims for prescription drugs that were not authorized to be dispensed by law and medically unnecessary.
Counts 80 through 82 are for aggravated identity theft. The defendant knowingly possessed, used and transferred, without lawful authority, a means of identification of another person, in relation to a health care fraud.
“If you have been fraudulently treated by Mr. Herran García, you are a victim,” said US Attorney Rosa Emilia Rodríguez-Vélez. “Please do not hesitate to exercise your rights as victims and call our office to get information (787-766-5656). The US Attorney’s Office in conjunction with law enforcement agencies will continue working together to protect your rights, benefits and communities in general.”
Penalties for the offenses alleged in the indictment range up to 10 years of imprisonment with two minimum mandatory sentences for each aggravated Id theft count (6 years minimum consecutive to other counts) and fines of up to $250,000.
The investigation was conducted by FDA-Office of Criminal Investigation and HHS-OIG. The case is being prosecuted by Assistant United States Attorney Julia Díaz-Rex.
Criminal indictments are only charges and not evidence of guilt. A defendant is presumed to be innocent until and unless proven guilty.
