MIAMI DME OWNER SENTENCED FOR MEDICARE FRAUD

Yesterday, U.S. District Court Judge Patricia A. Seitz sentenced Ariel Delgado, a Miami DME owner, to 30 months in prison, to be followed by three years of supervised release. The defendant was also ordered to forfeit $474,609 and pay restitution in the amount of $170,709.
pharmacy.jpgAccording to the Indictment and the factual proffer read in open court at the time of the plea, on January 10, 2008, defendant Delgado became the president and registered agent of Caballero De Paris Inc. (hereinafter “Caballero”), a pharmacy purportedly doing business in Miami-Dade County. From January 10, 2008 through March 5, 2008, Caballero billed Medicare $1,388,051. Medicare paid Caballero $645,318 on these claims. Delgado was the sole signatory on the account into which all of the Medicare fraud proceeds were deposited.
The two doctors who appeared to have signed 80% of the prescriptions upon which Caballero’s false billings were based. Both doctors reviewed a list of the patients on whose behalf Caballero had billed and denied treating or prescribing medicine to any of the patients on the list.
Delgado’s attorney argued urged the court make a determination that the calculation for loss suffered under the advisory sentencing guidelines was equal to or less than the amount of money actually paid by Medicare – $170,709 – minus 2 levels for a role adjustment for acting as minor participant less 3 levels for acceptance of responsibility resulting on a level 11 (8-14 months) in Zone C of the guidelines.
A copy of the original press release may be found on the website of the United States Attorney’s Office for the Southern District of Florida at http://www.usdoj.gov/usao/fls.
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