|
The United States Attorney's Office Public Affairs Office: Public Affairs Fax Press ReleaseFIVE DEFENDANTS INDICTED IN HEALTH CARE KICKBACK SCHEMESeptember 29, 2006 FOR IMMEDIATE RELEASE R. Alexander Acosta, United States Attorney for the Southern District of Florida, Bernardo Rodriguez, Assistant Special Agent in Charge, United States Department of Health and Human Services, Office of Inspector General - Office of Investigations, and Jonathan I. Solomon, Special Agent in Charge, Federal Bureau of Investigation, Miami Filed Office, announced today an Indictment in connection with a Medicare kickback scheme involving two Miami pharmacies and the owners of four durable medical equipment companies. The Indictment, which was returned by the grand jury on September 26, 2006, charges defendants Ricardo Aguera, his brother, Ivan Aguera, their step-father, Carlos Berenguer, and Carlos’s brothers, Aristides Berenguer and Robert Berenguer, with conspiracy to solicit and receive kickbacks involving a federal health care program. Ricardo and Ivan Aguera, and Carlos and Robert Berenguer, are also charged with soliciting and receiving kickbacks involving a federal health care program. All five defendants were arrested by federal agents this morning and made their initial appearances in United States Magistrate Court in Miami this afternoon. If convicted, the defendants each face up to five (5) years’ imprisonment on the conspiracy charge and five (5) years’ imprisonment on each of the substantive counts of paying kickbacks. Ricardo Aguera was indicted on four (4) counts of receiving kickbacks; Ivan Aguera and Carlos and Robert Berenguer were each indicted on three (3) counts of receiving kickbacks. According to the Indictment, the defendants solicited and received cash payments as kickbacks in exchange for referring prescriptions for Medicare beneficiaries to two Miami pharmacies, Lily’s and Unimed. The Medicare beneficiaries were already receiving durable medical equipment from companies owned or operated by the defendants, each of whom owned or operated at least one such company. In total, the defendants received more than $290,000 in kickbacks from September 2000 through June 2003, resulting in payments by Medicare to the pharmacies of over $580,000. United States Attorney Acosta noted that the prosecution of these five defendants is the direct result of the a health care fraud initiative announced December 1, 2005. The initiative is part of a multi-agency effort to attack health care fraud schemes that affect government-funded health insurance programs, including Medicare and Medicaid, in South Florida. Mr. Acosta commended the investigative efforts of the United States Department of Health and Human Services, Office of Inspector General-Office of Investigations, and the Federal Bureau of Investigation. This case is being prosecuted by Special Assistant United States Attorney Ted Radway, who is on detail from the H.H.S. Office of Inspector General as part of the U.S. Attorney’s Office’s health care fraud initiative announced in December 2005.
|