Home San Juan Press Releases 2009 Four Individuals Indicted and Arrested for $1.4 Million Medicare Fraud Scheme Forfeiture Allegations of $513,108...
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Four Individuals Indicted and Arrested for $1.4 Million Medicare Fraud Scheme Forfeiture Allegations of $513,108

U.S. Attorney’s Office February 27, 2009
  • District of Puerto Rico (787) 766-5656

SAN JUAN, PR—On February 26, 2009, a grand jury returned a 30-count indictment, charging 4 individuals with conspiracy to commit health care fraud, health care fraud, soliciting and receiving kickbacks in relation to the Medicare Program and making false statements. The indictment also contains forfeiture allegations for $513,108.35, including two real estate properties, announced Rosa Emilia Rodríguez-Vélez, U.S. Attorney for the District of Puerto Rico. This case was investigated by agents of the Health and Human Services- Office of Inspector General (HHS-OIG) in conjunction with Federal Bureau of Investigation, San Juan Field Office (FBI).

Defendant Dr. Carlos Pentzke-Chamorro was the owner and director of Eastern Cardio Diagnostic Inc. (ECD), located in 52 Santa Rosa, Bayamón, PR. ECD was a diagnostic radiology group practice that provided diagnostic testing and interpretations of x-rays, bone density, ultrasound and other tests. ECD purported to perform nerve conduction studies (“NCS”), including the physician interpretation of those NCS tests.

The second and third defendants, Ligia Lemus De Pentzke (Dr. Pentzke’s wife) and Myriam Rodríguez-Santiago were employees at ECD and co-conspirators. The fourth defendant, Dr. Oscar Arroyo-Nieves, was paid kickbacks, at least 23 times according to the indictment, by co-defendants Pentzke and his wife, in exchange for signing previously completed false nerve studies for the corporation. They unlawfully enriched themselves by falsely and fraudulently representing that Nerve Conduction Studies had been purportedly rendered, when in truth and in fact they knew no such tests/studies had been performed correctly and the interpretation component was not done as required by the Medicare regulations. As a result of the false and fraudulent claims, there was approximately one million four hundred twenty thousand nine hundred twenty dollars ($1,420,920.00) billed to Medicare and that resulted in five hundred thirteen thousand one hundred eight dollars and thirty-five cents ($513,108.35) in Medicare reimbursements to be paid to the ECD.

“We will continue prosecuting criminals who jeopardize the availability of the important services that the Medicare Program provides to so many people in Puerto Rico”, said U.S. Attorney Rosa Emilia Rodríguez-Vélez. “The U.S. Attorney’s Office in conjunction with federal law enforcement agencies will continue working together to protect the rights, benefits and well being of the people of Puerto Rico.”

"This scheme of paying kickbacks to doctors to sign for work not performed and fraudulently filing claims with Medicare, as I have said in the past, it ultimately affects all of us," said Luis Fraticelli, Special Agent in Charge of the FBI-San Juan Field Office. "This health care fraud only promulgates higher health insurance costs, and therefore an increase in medical costs to the general population. This fraud may also jeopardize the Medicare fund for future generations."

The maximum penalties for these crimes are 10 years’ imprisonment, 3 years of supervised release and $250,000 dollar fine.

The prosecution of this case is in charge of Assistant United States Attorney Julia Diaz-Rex. The arrests were conducted by the FBI and HHS-OIG agents, with the collaboration of the Puerto Rico Police Department.

Criminal indictments are only charges and not evidence of guilt. A defendant is presumed to be innocent until and unless proven guilty.

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