South Texas Couple Sentenced in Bankruptcy Fraud Case

HOUSTON—Michael Giventer, 53, formerly of Brownsville, has been ordered to prison for five years following his conviction of conspiracy to commit bankruptcy fraud, United States Attorney Kenneth Magidson announced today. He pleaded guilty to the charge in spring 2012, along with his wife, Florida resident Julia Shavabskaya, 40.

Today, U.S. District Judge Vanessa D. Gilmore handed Giventer a term of imprisonment of 60 months, which will be followed by three years of supervised release. Shavabskaya was sentenced earlier this year to a term of six months in federal prison, followed by six months of home confinement. She will also serve three years of supervised release. Both were further ordered to restitution in the amount of $9,106,606.15.

From on or about August 27, 2002 and continuing to July 2010, Giventer caused the incorporation of two business entities as holding companies to receive income from clinics providing various forms of health care services to individuals who were covered by Workers’ Compensation insurance. Those businesses were Ambucare Inc. and Open Diagnostic Imaging Inc., located in the Brownsville area. Ownership of both companies was placed solely in the name of Shavabskaya. Through these two companies, Giventer received income from a number of these clinics, such as Valley Center for Pain and Stress Management, Functional Pain Center, Palladium for Surgery, and Valley Comprehensive Pain Management.

On November 4, 2005, Giventer filed for bankruptcy under Chapter 7 in the Southern District of Texas. During the proceedings, Giventer was required to file, under penalty of perjury, various schedules consisting of assets, debts, liabilities, and a statement of financial affairs in which he was required to disclose his income, debts, property, and transfers of property, among other things. In some of the documents, Giventer indicated he did not own an interest in Ambucare, Open Diagnostic Imaging, and other properties and assets when in truth and in fact, he controlled, managed, and received income from these entities and made all decisions about how their income would be distributed. Shavabskaya falsely testified she owned the companies and that Giventer did not own or operate them. Additionally, both Giventer and Shavabskaya knew and falsely denied under oath any ownership interest in these entities in order to deceive, frustrate, and prevent creditors and the bankruptcy trustee from identifying and collecting assets as part of the bankruptcy estate to be distributed for the benefit of creditors.

This case was jointly investigated by the FBI and the Department of Health and Human Services. The case is being prosecuted by Assistant United States Attorney Quincy L. Ollison.