Wednesday, January 30, 2013

Store Owner Sentenced in Food Stamp Fraud

Mark Mandell, Esq.

The Bridge Card is debit-card like device in use today that electronically tracks food stamp benefits for those in need at the hand of taxpayer dollars. For Noha Fofana and Akhir McFarland, however, the bridge card represented an opportunity to pull in revenue at the Mandingo African Market.

Fofana and others at the Mandingo African Market would obtain card numbers and call them into the store, where they would be manually entered into the system allowing for the transference of benefits from the card to the store’s bank account. U.S. Attorney Barbara McQuade says that Fofana, the owner of Mandingo African Market, pulled in more than $750,000 in food stamp benefits from February 2009 to July 2011. State officials have calculated Mandingo’s average food stamp redemption amount - $26,798 per month – which stands in stark contrast to other convenience stores in the area that only redeem approximately $5,479.

As a result of the fraudulent scheme, Fofana was sentenced to four years, three months in prison. Moreover, U.S. District Judge Mark Goldsmith ordered Fofana to pay $612,980.96 in restitution to the USDA-Food and Nutrition Service.

“We hope that other merchants will become aware of prosecution like this one and be deterred from engaging in similar fraud schemes,” McQuade said.

If you have any questions about criminal or fraudulent activity, contact Mark Mandell or Tariq Hafeez of Fausone Bohn, LLP at (248) 380-0000.

To learn more and read the original article, please visit: http://detroit.cbslocal.com/2013/01/12/store-owner-sentenced-in-612000-food-stamp-fraud/

 

Monday, January 28, 2013

Alleged $22 Million Home Health Care Fraud Scheme

Tariq Hafeez, Esq.
 
Detroit-area and Chicago-area residents were arrested on Thursday, January 18, 2013 by federal agents on charges arising from the ongoing investigation into an alleged $22 million home health care fraud scheme. The indictment was announced by the US Attorney’s Office, the FBI Detroit Field Office, and the Health and Human Services Office of Inspector General (HHS-OIG).

 The 18-count indictment names seven individuals who allegedly participated in a Medicare fraud scheme operating out of four Oakland County, Michigan, home health agencies claiming to provide in-home health services. Defendants are charged with conspiracy to commit health care fraud, health care fraud, conspiracy to violate the Anti-Kickback Statute, and money laundering allegedly defrauding Medicare/Medicaid of $22 million.

The charges of health care fraud conspiracy and health care fraud each carry a maximum potential penalty of 10 years in prison and a $250,000 fine. The charge of conspiracy to violate the Anti-Kickback Statute carries a maximum potential penalty of five years in prison and a $25,000 fine. The charge of conspiracy to commit money laundering carries a maximum potential penalty of 20 years in prison and a $500,000 fine.

Fausone Bohn LLP attorneys have provided aggressive legal defense counsel to individuals and companies charged with federal health care fraud the firm has been retained by one of the defendants in the above matter.

If you have questions about Medicare or Medicaid fraud, or other legal issues, please contact Mark Mandell or Tariq Hafeez at 248.380.0000 or online at www.MichiganFraudLawyer.com.

Monday, January 21, 2013

Mandell Sways Judge: Felony Charges Against Ex-McCotter Staffers Dropped

Mark Mandell took a firm stance against the felony charges brought against Paul Seewald, who previously pleaded guilty in November to nine misdemeanor counts of falsely signing a nominating petition as a circulator. Judge Marie Braxton ultimately determined, however, that “there was no conspiracy involved” – dismissing the felony charges of conspiracy against both Seewald and Don Yowchuang in what’s believed to be the most extensive petition fraud case ever charged by the state.
 
“Why would they do it? Why would they take such a chance?” Mandell asked, pointing out the nature of the petitions. Rather than plotting to fraudulently doctor petition signatures, the men’s actions possessed a last minute-like quality: “a series of decisions during panicked moments.”
The felony count could have cost both men up to five years behind bars. Now, while the staffers may not be facing prison time for their actions, their pleas for misdemeanor charges have resulted in repercussions: Seewald has been sentenced to two years of probation while Yowchuang will serve three. Both ex-staffers will also be required to fulfill countless hours of community service.
Attorney General Bill Schuette responded to the sentencing: “The message here is very clear – if you break the law, there are consequences. We’ll review the dismissal of the conspiracy charge and make a decision about appeal.”
Mandell, however, said that “the attorney general overreached by charging low-level staffers with felonies to look tough on election law. The fact is, Mr. Seewald is not guilty of a felony.” Seewald, while thankful for the community support that he has received, said that he now must look to the future in an attempt to rebuild a life – and image – left damaged by the scandal.
 

Tuesday, January 15, 2013

Petition Fraud Case Involving Ex-McCotter Staffers Continues

Mark Mandell, Esq.

A unique election petition fraud case continues the controversy surrounding ex-staffers for Thaddeus McCotter. Wayne County Circuit Judge Marie Braxton was supposed to hear arguments Wednesday, January 9th, pertaining to the dismissal of felony conspiracy counts that carry the potential for a five-year prison sentence for Don Yowchuang, former deputy district director, and Paul Seewald, former district director and former classmate of McCotter. However, Judge Braxton postponed the hearing and will instead rule on the motion before sentencing the pair on January 18, 2013.

Fausone Bohn attorney Mark Mandell, representing Mr. Seewald, has said he is prepared to take the case to trial if Judge Braxton refuses to drop the felony charges. Moreover, Mandell will subpoena Secretary of State Ruth Johnson to testify. Mandell states that the case has not been fully investigated, and as a result, has tarnished the reputation of Mr. Seewald.

“It’s the most difficult situation to go through to have someone doubt your integrity, which is what has happened,” said Seewald.

Both Seewald and Yowchuang have previously entered pleas pertaining to the fiasco that cost McCotter his congressional career.  Seewald pleaded guilty to misdemeanor counts for falsely signing petitions as circulator, while Yowchuang pleaded no contest to 10 felony counts and six misdemeanors.

If you have questions regarding fraud or other legal issues, please contact Mark Mandell at 248.380.0000 or www.MichiganFraudLawyer.com.


 

 

Monday, January 7, 2013

Detroit-Area Physical Therapy Clinics Involved in Medicare Fraud

Mark Mandell, Esq.

It seems Medicare fraud permeates all areas of the health care field as yet another case has come to light in the metro-Detroit area, this time involving a physical therapy clinic. The clinic was involved in a $13.8 million home health care fraud scheme. Physical therapy assistant Ankit Patel of Westland, Michigan pleaded guilty to his involvement in the scheme, admitting to conspiracy to commit health care fraud.

Beginning in June 2009, Patel falsified medical documents for a number of different home health care agencies in the Detroit-area. Patel created evaluations, falsified therapy revisit notes and other medical documentation, and signed such documents, validating treatment for physical therapy patients that did not exist. Patel later admitted that he was in fact aware that the false documents he created would be used to support false claims to Medicare.

Over the past few years, Medicare paid out almost $1.5 million to Physicians Choice Home Health Care LLC, Quantum Home Care Inc., and Moonlite Home Care Inc. – three companies that benefited from Patel’s involvement.

As a result of his involvement in the fraudulent scheme, Patel faces a maximum of 10 years in prison as well as a $250,000 fine. However, Patel is not alone in these charges. Ten others have pleaded guilty to involvement. One has already been sentenced: Hetal Barot was sentenced to 30 months in prison for her involvement for the same criminal charge. Patel is scheduled to be sentenced in March.

These charges were brought about by the Medicare Fraud Strike Force, an agency that has charged more than 1,480 defendants who have collectively billed the Medicare program for more than $4.8 billion.


If you have questions about Medicare or Medicaid fraud, or other legal issues, please contact Mark Mandell or Tariq Hafeez at 248.380.0000 or online at www.MichiganFraudLawyer.com.