Federal Grand Jury Indicts Wheelchair Dealer and Physician for Health Care Fraud
| U.S. Attorney’s Office April 30, 2009 |
JEFFREY MCELVEEN, age 41, a resident of Franklinton, Louisiana, DR. ROBERT CLEVELAND, age 62, a resident of Greenburg, Louisiana, and POSITIVE HOME OXYGEN, L.L.C, were charged today in a one-count indictment by a Federal Grand Jury for health care fraud, announced U. S. Attorney Jim Letten.
According to the indictment, MCELVEEN is the owner of POSITIVE HOME OXYGEN, L.L.C., a medical equipment provider located in Franklinton. The indictment charges that DR. CLEVELAND, who is is a physician with offices in Franklinton, certified that certain Medicare patients qualified for power wheelchairs in exchange for MCELVEEN and PHO referring patients to DR. CLEVELAND’S practice. POSITIVE HOME OXYGEN, L.L.C.’s profit from the alleged fraudulent Medicare claims were over $800,000.
If convicted, CLEVELAND and MCELVEEN each face a maximum term of imprisonment of ten (10) years, a fine of $250,000 and three (3) years of supervised release following any term of imprisonment. POSITIVE HOME OXYGEN, L.L.C. could be fined up to $500,000.
U. S. Attorney Letten reiterated that the indictment is merely a charge and that the guilt of the defendants must be proven beyond a reasonable doubt.
The case was investigated by the United States Department of Health and Human Services, Office of Inspector General and the Federal Bureau of Investigation. The case is being prosecuted by Assistant U. S. Attorney Patrice Harris Sullivan.