FOR IMMEDIATE RELEASE DALLAS, TEXAS CONTACT: 214/659-8600 www.usdoj.gov/usao/txn NOVEMBER 17, 2005
PHYSICIAN AND MEDICAL EQUIPMENT SUPPLY BUSINESS OWNERS CONVICTED IN HEALTH CARE FRAUD SCHEME
United States Richard B. Roper announced that Ignatius Chuka “Chuck” Ogba, the owner of Universal Health Services, Inc., a durable medical equipment supply business (DME), his younger brother Ifeanyi “Iffy” Boniface Ogba, and Dr. Patrick Antoon Sr. MD, were convicted yesterday after a four-week jury trial in United States District Court in Dallas, Texas.
The jury found the defendants guilty of conspiracy to commit health care fraud, paying and receiving illegal kickbacks, and money laundering. Both Ogba’s and Dr. Antoon were also found guilty of paying and receiving illegal remuneration (i.e., kickbacks) and health care fraud. The Ogba’s were also convicted of engaging in illegal monetary transactions. Dr. Antoon was further convicted of obstructing a criminal health care investigation, altering and falsifying health care records, and obstructing a federal grand jury investigation.
Health and Human Services Inspector General Daniel R. Levinson said, The types of kickbacks and obstruction of justice that occurred in this case are particularly egregious examples of how the Medicare Trust Fund is being exploited by dishonest individuals. The Office of Inspector General will continue to vigorously investigate and ensure the prosecution of health care providers and suppliers, such as the defendants in this case, who defraud the Medicare program and its vulnerable beneficiaries.
Erick Martinez, Special Agent in Charge of the Internal Revenue Service - Criminal Investigation Division (IRS-CID), Dallas field office, said the role of IRS special agents, in conjunction with the other agencies involved, was to analyze the financial transactions that established connections between the various participants that were part of the money laundering conspiracy. Martinez said, This verdict sends a clear message to the underworld: We know what you treasure--the money youve gotten from illegal activities--and were coming after it.
Chuck Ogba owned and operated his DME, Universal Health Services, Inc. Chuck Ogba hired recruiters to find and locate Medicare beneficiaries for scooters or power wheelchairs. Medicare covered the expense of the above medial equipment for the elderly and the disabled. Chuck Ogba, Iffy Ogba, and employees on behalf of Universal, paid $200 cash to medical doctors like Dr. Antoon to sign and certify that the medical equipment provided by Chuck Ogba was medically necessary. Once Chuck and Iffy Ogba received the certificates signed by the doctors, called certificates of medical necessity (CMN), Universal would always bill Medicare for the reimbursement of a K0011 power wheelchair and list of accessories. Chuck and Iffy Ogba, through Universal, would provide to the Medicare patient a K0011 power wheelchair, or another less expensive piece of equipment such as a scooter, and in some cases, nothing at all. Under this illegal arrangement, Universal billed Medicare in excess $12,000,000.00.
Dr. Antoon was one of several doctors in Arkansas who accepted illegal kickback payments from Universal in exchange for signed CMNs. Dr. Antoon received $200 for each patient that Medicare reimbursed to Universal for the cost of a K0011 power wheelchair and accessories. By virtue of his acceptance of illegal kickbacks, Dr. Antoon allowed Chuck Ogba, Iffy Ogba, and Universal to cause significant harm to Medicare, which is funded in part by taxpayer payroll contributions.
In addition, Dr. Antoon was convicted for lying to a criminal investigator with the Office of the Inspector General, Health and Human Services, on July 27, 2004, about the alteration and falsification of health care records in an attempt to obstruct the health care investigation, as well as endeavoring to obstruct a federal grand jury investigation.
Based on their convictions, Chuck Ogba could be sentenced up to a maximum statutory punishment of 145 years, fine, and mandatory restitution, while Iffy Ogba could be sentenced up to a maximum statutory punishment of 145 years, fine, and mandatory restitution. Because of his conviction for participation in the scheme to defraud Medicare, and the obstruction, Dr. Antoon could be sentenced up to a maximum statutory punishment of 115 years, fine, and mandatory restitution.
“This guilty verdict shows that citizens of our community will not tolerate doctors and other health care professionals who cheat the government and insurance companies,” said U.S. Attorney Roper. Roper praised the investigative efforts of Health and Human Services - Office of the Inspector General and the Internal Revenue Service - Criminal Investigation.
The case was prosecuted by Assistant United States Attorneys William C. McMurrey and Sean R. McKenna and Special Assistant United States Attorney Kimberly C. Priest
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