May 30, 2011

BROOKLYN THERAPIST PLEADS GUILTY TO MEDICARE FRAUD

Photobucket BROOKLYN, NEW YORK - A New York therapist pled guilty to five counts of Medicare fraud for submitting false claims for physical therapy services that were either unnecessary or never performed. The Justice Department indicted Aleksandr Kharkover on charges with billing Medicare for $11.9 million in services from January 2005 to July 2010; received $7.3 million in Medicare reimbursements.

The Wall Street Journal played a part in the investigation stemming from a December 2010 profile it ran on Kharkover after mining the Medicare claims database. The Journal suspected financial abuse after discovery that Kharkover billed far more than the norm. Another allegation states that he billed for services performed during the time period in which he was actually away on vacation. Click here to read the December 2010 WSJ article.

According to Mr. Kharkover's lawyer, there was no plea deal; his client simply "pled guilty to all charges listed in the indictment," according to the Journal.

Mr. Kharkover is currently awaiting sentencing.

Federal Healthcare Fraud Strike Force teams are currently operating in 9 locations: Miami, Los Angeles, Houston, Detroit, Brooklyn, Tampa, Baton Rouge, Dallas and Chicago.

Healthcare Fraud Blog Publisher, Attorney Robert Malove, is an expert criminal trial lawyer as recognized by The Florida Bar. Mr. Malove has extensive experience in the area of health care fraud defense.

If you, or someone you know is facing prosecution as a result of aggressive law enforcement activity targeting healthcare fraud, make sure you contact attorney Robert Malove, co-author of the noted treatise, WHITE COLLAR CRIME: HEALTH CARE FRAUD (West)(2010-2011 ed.) to arrange an immediate consultation.

Continue reading "BROOKLYN THERAPIST PLEADS GUILTY TO MEDICARE FRAUD" »

May 3, 2011

POLICE UNCOVER "THE OXY EXPRESS"

CINCINNATI, OHIO (May 3, 2011) The Oxy Express could be responsible for more deaths than any other drug-related death in the country. It comes as no surprise to local law enforcement then that the doctors who write the most prescriptions of Oxycodone have all practiced in the heart of the Oxycodone supply area, South Florida.

The more than 800 pain clinics in Florida issue 85% of the Oxycodone prescriptions in the country. Addicts climb into vans, cars and buses to make the trip from Kentucky, Ohio and Indiana to get their hands on powerful narcotic painkillers. They'll shoot it, snort it or smoke it, unless they're also dealers and buying for the lucrative resale market.

The DEA says pain clinics can make up to $20,000 in a morning and will even hire armed guards to patrol the clinic parking lot. The DEA makes it clear that it doesn't want to target legitimate doctors issuing legitimate pain prescriptions.

They target doctors who act like drug dealers and write thousands upon thousands of narcotic pain prescriptions per year. In Eastern Ohio where Portsmouth boasts half a dozen pain clinics, Oxycodone is known as "hillbilly heroin."

While the DEA crack down on Florida pain clinics has made some impact in the pipeline, pain clinic owners have gotten wise and started to move their practices to neighboring states. The special agent in charge of the crackdown has a message for those owners, "we probably made [undercover] buys in your clinic and we're probably coming for you at some point in time."

Healthcare Fraud Blog Publisher, Attorney Robert Malove, is an expert criminal trial lawyer as recognized by The Florida Bar. Mr. Malove has extensive experience in the area of health care fraud defense.

Mr. Malove has extensive experience in the area of pill mill defense and represents the Florida Academy of Pain Medicine, Florida Academy of Physician Assistants, American Academy of Pain Management, and Florida Society of Neurology and has filed an amicus curiae brief in federal court challenging the constitutionality of the Florida statutes regulating the operation of pain clinics, i.e., pill mills.

If you, or someone you know is facing prosecution as a result of aggressive law enforcement activity of pill mills or doctor shopping, make sure you hire an experienced criminal defense attorney who is familiar with the issues.

Federal Healthcare Fraud Strike Force teams are currently operating in 9 locations: Miami, Los Angeles, Houston, Detroit, Brooklyn, Tampa, Baton Rouge, Dallas and Chicago.

If you or someone you know is a healthcare provider and in need of serious pill mill defense, doctor shopping or any healthcare fraud defense, please contact attorney Robert Malove, co-author of the noted treatise, WHITE COLLAR CRIME: HEALTH CARE FRAUD (West)(2010-2011 ed.) to arrange an immediate consultation.

March 1, 2011

PALM BEACH STATE ATTORNEY FILES CHARGES AGAINST 11 IN OPERATION “PILL NATION” WITH RACKETEERING (RICO) AND OTHER RELATED CRIMINAL ACTIVITY

PALM BEACH, FL – Palm Beach County State Attorney Michael McAuliffe announced the arrest and filing of criminal charges against 11 individuals, including five physicians, for a total of 172 counts which include Racketeering (RICO), Conspiracy to Commit Racketeering, Trafficking in Oxycodone, Money Laundering, Unlicensed Practice of Health Care Profession and other related criminal charges. The arrests follow a complex multi-agency investigation dubbed OPERATION “PILL NATION” involving roughly 340 undercover buys from doctors and medical personnel in pain clinics throughout a three county South Florida area.

OPERATION "SNAKE OIL” (click here to see an earlier post about this) also carried out the same day as “OPERATION “PILL NATION” is a result of the ongoing efforts by the Organized Crime Drug Enforcement Task Force (OCDETF), a partnership between federal, state and local law enforcement agencies. The OCDETF mission is to identify, investigate, and prosecute high level members of drug trafficking enterprises, bringing together the combined expertise and unique abilities of federal, state and local law enforcement and being prosecuted by the federal authorities.

“Legitimate pain management is a essential part of medical practice,” however “we cannot, and will not, allow medicine to be used by merchants of misery to corrupt the health of individuals and undermine the welfare of whole communities. We are in a continuing crisis, but the tide is turning and today’s enforcement actions provide a clear example of progress,” said State Attorney McAuliffe. To read the State Attorney's Office's Press release in its entirety, click here.

Healthcare Fraud Blog Publisher, Attorney Robert Malove, is an expert criminal trial lawyer as recognized by The Florida Bar. Mr. Malove has extensive experience in the area of pill mill defense. Criminal defense attorney Robert Malove represents the Florida Academy of Pain Medicine, Florida Academy of Physician Assistants, American Academy of Pain Management, and Florida Society of Neurology and has filed an amicus curiae brief in federal court challenging the constitutionality of the Florida statutes regulating the operation of pain clinics, i.e., pill mills.

If you, or someone you know is facing prosecution as a result of aggressive law enforcement activity targeting pain clinics, i.e., pill mills, you need to make sure you hire a criminal defense attorney who is familiar with the issues regarding pill mill defense. For serious pill mill defense, throughout South Florida including Miami-Dade, Broward and Palm Beach counties, call Florida pill mill defense lawyer and criminal trial law specialist Robert Malove immediately.

February 23, 2011

OPERATION SNAKE OIL - SOUTH FLORIDA PILL MILLS TARGETED - FIVE DOCTORS AMONG THOSE ARRESTED

Defendants Owned and Worked at Seven Area Clinics that Prescribed over 660,000 Pills, Profited More than $22 Million

FORT LAUDERDALE, FL - The United States Attorney for the Southern District, Drug Enforcement Administration (DEA), Internal Revenue Service (IRS) Criminal Investigation, announce the indictment of six South Florida residents for their participation in the illegal distribution of pain killers.

snake-oil.jpgToday’s case, dubbed Operation Snake Oil, is a result of the ongoing efforts by the Organized Crime Drug Enforcement Task Force (OCDETF), a partnership between federal, state and local law enforcement agencies. The OCDETF mission is to identify, investigate, and prosecute high level members of drug trafficking enterprises, bringing together the combined expertise and unique abilities of federal, state and local law enforcement.

This prosecution targets the owners and operator of seven pain clinics located in Broward and Miami-Dade Counties. Charged in the indictment are Vincent Colangelo, 42, of Davie, Nicholaus Thomas, 28, of Fort Lauderdale, Rachel Bass, 27, of Pompano Beach, Michael Plesak, 26, of Plantation, Jeremiah Flowers, 31, of Fort Meyers, and Wayne Richards, 45, of Lighthouse Point. Five of the six have been arrested. Defendant Flowers remains at-large. To read the indictment, click here.

All of the defendants have been charged with conspiring to distribute and dispense more than 660,000 dosage units of oxycodone. Three defendants (Colangelo, Plesak and Bass) are also charged with one count of conspiring to launder the proceeds of the pain clinics and twenty-six counts of money laundering. In addition, the indictment seeks forfeiture of more than $22 million in cash and assets. Among the assets sought to be forfeited are more than 46 vehicles and vessels, including a Mercedes-Benz SLR Mclaren, numerous Dodge Vipers, and two Lamborghinis, as well as expensive real estate and a trailer park in Okeechobee.

The indictment alleges that the defendants operated the pain clinics as pill mills that offered patients prescriptions for oxycodone and other controlled substances where there was no legitimate medical purpose and not within the usual course of professional medical practice. The indictment says that the defendants marketed the clinics through more than 1,600 internet sites, required immediate cash payments from patients for a clinic “visit fee,” directed the patients to obtain MRIs that the defendants knew to be inferior, over-aggressively interpreted MRIs in order to justify prescriptions, and falsified patients’ urine tests for a fee to justify the highly addictive pain medications.

“According to recent estimates, Florida prescribes ten times more oxycodone pills than all other states combined. Operation Snake Oil is part of our concerted effort to keep South Florida from drowning in pill mills. Working together with our state and local partners, we are shutting down these shady storefronts through the systematic prosecution of doctors, clinic owners and operators who deal drugs while hiding behind a medical license,” said U.S. Attorney Wifredo A. Ferrer.

“Prescription drug abuse is our country’s fastest growing drug problem, and pill mills such as those in Florida are fueling much of that growth. As a result, citizens in communities across Florida and around the nation are faced with growing drug addiction that is accompanied by pain, suffering, and even death,” said DEA Administrator Michele M. Leonhart.

“Rogue doctors who run these operations violate their professional oaths and are, in fact, drug dealers. Florida today is “ground zero” in the fight against pill mills, and we are determined to continue to aggressively pursue those who are responsible for this nationwide epidemic.”

IRS Special Agent in Charge Daniel W. Auer stated, “We are pleased to have lent our financial investigative expertise to this investigation. IRS- Criminal Investigations’ role was to trace the flow of the monies derived from the illegal operation of these pill mills, to identify the individuals who profited from these illegal activities and to help seize any assets purchased using the ill-gotten gains.”

According to the indictment, demand of oxycodone has grown to epidemic proportions in South Florida and other parts of the United States, where drug dealers can sell a 30 mg Oxycodone pill on the street for $10 to $30 or more. Oxycodone has a high potential for abuse and can be crushed snorted, or dissolved and injected, to get an immediate high. This abuse can lead to addiction, overdose, and sometimes death.

Healthcare Fraud Blog Publisher, Attorney Robert Malove, is an expert criminal trial lawyer as recognized by The Florida Bar. Mr. Malove has extensive experience in the area of pill mill defense. Criminal defense attorney Robert Malove represents the Florida Academy of Pain Medicine, Florida Academy of Physician Assistants, American Academy of Pain Management, and Florida Society of Neurology and has filed an amicus curiae brief in federal court challenging the constitutionality of the Florida statutes regulating the operation of pain clinics, i.e., pill mills.

If you, or someone you know is facing prosecution as a result of aggressive law enforcement activity targeting pain clinics, i.e., pill mills, you need to make sure you hire a criminal defense attorney who is familiar with pill mill defense. For serious pill mill defense, throughout Miami-Dade, Broward and Palm Beach counties, call Florida pill mill defense lawyer Robert Malove immediately.

Continue reading "OPERATION SNAKE OIL - SOUTH FLORIDA PILL MILLS TARGETED - FIVE DOCTORS AMONG THOSE ARRESTED" »

March 9, 2010

Law Enforcement Focuses on Pain Clinics, Ignoring Patients Who Suffer

drugs_1.jpgAccording to an article in the South Florida Sun-Sentinel, at least 45 pain clinics opened in Broward and Palm Beach counties in the past year, while state law makers and state and local law enforcement agencies stepped-up their efforts to put an end to the operation suspected “pill mills.”

In August 2008, 66 pain clinics were open for business in Broward and Palm Beach counties combined. The Sun-Sentinel article reports that according to data available from the Florida Department of Health, the number centers issuing narcotic pain medications currently is more than the times what it was in August 2008 - with 122 in Broward to 122 and in Palm Beach County to 108.

Pain clinics “are proliferating despite our efforts," Broward Sheriff Al Lamberti said last week, after state and federal agents executed search warrants at three pain clinics owned or controlled by Christopher and Jeffrey George in Palm Beach County. The Georges' homes were also searched.

No arrests have been made yet, however, a federal law law suit has been filed in U.S. District Court in West Palm Beach. According to the law suit, three of the Georges’ clinics collected $14 million last year and dispensed more than 2.1 million pills. [To read the law suit, click: here.] Additionally, five doctors who worked at the clinics have had their DEA numbers to prescribe pain medications suspended. The doctors can either voluntarily agree to the suspension or can challenge the suspension before a DEA Administrative Law Judge at a hearing scheduled for May.

Independent sources close to the investigation indicate that patient files were properly documented, regular MRI's were required and prescriptions that issued were 100% medically necessary. From time to time, patients who were suspected of phony symptom ology were discovered, refused treatment and escorted off the premises. If you or someone you know has ever suffered from debilitating pain, then no one has to tell you that life can be pure hell without taking pain medication just to get through the day and attempting to perform even the simplest of tasks. The real tragedy in the "gung-ho, rah, rah" attitude of law enforcement targeting pain clinics, is that the overwhelming majority of patients have well-documented injuries requiring pain medication for treatment. These legitimate pain sufferers are the forgotten "victims" who unfortunately wind up as unintended by-product caught in the overreaching net of law enforcement, much like innocent dolphins caught in the nets of profit-driven commercial fisherman.

Palm Beach County and several cities in both counties have temporarily banned new pain clincs, reported by the HCFB here and here. "Palm Beach County is ahead of us [in law enforcement efforts aimed at detecting criminal activities at pain clinics]. We're [Broward County is] trying to play catch up now," Lamberti said. "On the street, [there are] too many targets, not enough deputies. We're really trying to be hard on it because it causes crime in the community. We think they know we are serious."

To read the Sun-Sentinel article, click here.