NINE CHARGED WITH HEALTH CARE FRAUD
INVOLVING TREATMENTS FOR HIV PATIENTS

Marcos Daniel Jiménez, United States Attorney for the Southern District of Florida and Jonathan I. Solomon, Special Agent in Charge for the Miami Division, Federal Bureau of Investigation, announced today that nine individuals, including three licensed physicians, were charged by a federal grand jury in a multi-million dollar Medicare fraud and money laundering scheme involving local medical clinics that were fraudulently dispensing HIV medications.

Charged in the 31-count indictment were: Leonardo Javier Bolanos and Robert Peter Sauve, who owned the two Miami Beach clinics involved in the scheme, Bolanos Institute, Inc. (Bolanos Institute) and Lefebvre Institute Corporation (Lefebvre Institute); Jorge Humberto Forcada, Clark Carlton Mitchell, and Jose Joaquin Vega, three physicians associated with the clinics; and Alejandra Vanessa Carnaru, Joseph Shane Elliott, Rebeca Nereyda Nunez, and Orlando Amigo, all of whom were employees of the two clinics.

The indictment, which was unsealed today with the arrests of several of the defendants, charges all nine defendants with a conspiracy to defraud Medicare, in violation of 18 U.S.C. § 371. All defendants, except Elliott, are separately charged with health care fraud violations, in violation of 18 U.S.C. § 1347. In addition, Bolanos, Sauve, and Carnaru are accused of engaging in a money laundering conspiracy, in violation of Title 18 U.S.C. § 1956(h). The indictment seeks to forfeit fraud proceeds linked to Bolanos and Sauve.

The health care fraud conspiracy carries a maximum punishment of 5 years’ imprisonment and a maximum fine of $250,000. The health care fraud charges each carry a maximum punishment of 10 years in prison $250,000 and a maximum fine of $250,000, while the money laundering conspiracy is punishable by a maximum penalty of 20 years in prison, and fine of at least $500,000.

As alleged in the indictment, the conspirators used the Bolanos Institute and Lefebvre Institute to fraudulently bill Medicare for alleged intravenous infusion treatments involving HIV medications, Neupogen and Procrit, that were either not provided to patients or were not medically necessary. The indictment also alleges that Medicare beneficiaries were paid kickbacks to serve as patients.

According to the indictment, the three physicians falsified patient medical diagnoses and documentation in order to help conceal the fact that patients were not receiving the Neupogen and Procrit treatments that were billed to Medicare.

From about February 2002 through June 2003, the Bolanos Institute and Lefebvre Institute received approximately $5 million in Medicare payments, all of which were reimbursements for claims relating to Neupogen and Procrit.

The two clinics closed in July 2003. The same month, the United States Attorney’s Office filed a civil injunctive action and was eventually able to freeze approximately $300,000 held in bank accounts connected with Bolanos and Sauve.

Mr. Jiménez commended the investigative efforts of the Federal Bureau of Investigation. The criminal case is being prosecuted by Assistant United States Attorney Barbara Martinez Wright. The civil lawsuit is being handled by Assistant United States Attorney Lisa Barquist.