Miami HIV/Infusion Clinic Owner Sentenced for Conspiracy to Commit Medicare Fraud and Money Laundering

R. Alexander Acosta, United States Attorney for the Southern District of Florida, and Jonathan I. Solomon, Special Agent in Charge, Federal Bureau of Investigation, Miami Field Office, announced that on March 31, 2009, the Honorable Cecilia M. Altonaga sentenced defendant Otto Hevia, of Miami, to 46 months in prison, to be followed by three years of supervised release, on charges of conspiracy to defraud Medicare and money laundering. The defendant was also ordered to pay restitution in the amount of $267,719.

According to the Indictment and the factual proffer read in open court at the time of the plea, on May 27, 2005, Hevia became the registered agent and owner of Mitto Health Center, Inc. (Mitto), located in Miami. Mitto purportedly provided injection and infusion treatments necessary to administer specialized medications typically prescribed for patients with HIV/AIDS and other medical conditions. The defendant signed a Medicare provider application in which he attested that he would be responsible for all of the financial activities of the clinic.

From February 10, 2006 through June 29, 2006, Mitto submitted $1,143,903 in claims for infusion treatments, of which Medicare paid Mitto $267,719. Further investigation confirmed, however, that these services were not actually rendered and that more than 90 % of the patients for whom Mitto billed Medicare were not patients of the clinic. In addition, despite billing Medicare almost $1.2 million for infusion treatments, Mitto spent only approximately $3787 on the purchase of infusion-related medications.

Mr. Acosta commended the investigative efforts of the FBI. This case was prosecuted by Assistant U.S. Attorney Daniel Bernstein.