U.S. Attorney's Office
Western District of Kentucky
(502) 582-5911
June 18, 2015

Kentuckiana Physician Charged with Prescribing Pain Medications That Resulted in the Deaths of Five Patients Faces Additional Charges Including Conspiracy, Money Laundering, and Health Care Fraud

LOUISVILLE, KY—A Kentuckiana physician charged with prescribing pain medications that resulted in the deaths of five patients, unlawful distribution or dispensing of controlled substances and health care fraud, has been charged with conspiracy, money laundering and an additional count of health care fraud announced Acting United States Attorney John E. Kuhn, Jr.

Jaime Guerrero, age 47, formerly a medical physician with offices in Louisville, Kentucky, and Jeffersonville, Indiana, was charged by superseding indictment on June 16, 2015.

According to the superseding indictment, beginning no later than November 1, 2009, and continuing through January 1, 2013, Guerrero conspired with others to knowingly and intentionally distribute and dispense, schedule II and III controlled substances to patients, without a legitimate medical purpose and beyond the bounds of professional medical practice.

Further, beginning in December, 2009, and continuing through May 2014, Guerrero allegedly unlawfully prescribed and dispensed schedule II and schedule III pain medications to 30 patients, without a legitimate medical purpose and beyond the bounds of professional medical practice.

Further, the superseding indictment charges Guerrero with dispensing Oxycodone, a schedule II controlled substance, to K.J., between June 6, 2011, through August 25, 2011, without a legitimate medical purpose and beyond the bounds of professional medical practice, which resulted in K.J.’s death on or about August 29, 2011. That Guerrero intentionally distributed and dispensed, Methadone, a schedule II controlled substance, to D.N., between December 15, 2009, through April 1, 2010, without a legitimate medical purpose and beyond the bounds of professional medical practice, which resulted in D.N.’s death on or about April 5, 2011. That Guerrero knowingly and intentionally distributed and dispensed, Oxycodone, to R.S., between December 10, 2009, through February 9, 2010, without a legitimate medical purpose and beyond the bounds of professional medical practice, which resulted in R.S.’s death on or about February 18, 2010. That Guerrero dispensed Oxycodone, to P.F. December 28, 2009, and continuing through February 20, 2012, without a legitimate medical purpose and beyond the bounds of professional medical practice, which resulted in P.F.’s death on or about March 3, 2012. That Guerrero knowingly and intentionally distributed and dispensed, Hydrocodone, a schedule III controlled substance, to S.O., between January 6, 2010, and continuing through September 16, 2011, without a legitimate medical purpose and beyond the bounds of professional medical practice, which resulted in S.O.’s death on or about September 24, 2011.

Guerrero is further charged with three counts of health care fraud for fraudulently billing various health care benefit programs and for submitting fraudulent claims for patient health care counseling. Specifically, on May 26, 2011, June 15, 2011, and June 22, 2011, Guerrero allegedly saw more than 100 patients on each of the dates, by himself, and spent approximately 3 minutes or less with each patient, and fraudulently billed various health care benefit programs, for office visits at a higher code than the service provided. And for directing a staff member, who was not a licensed counselor, to provide drug education classes to patients, and falsely and fraudulently, bill various health care benefit programs, by submitting claims for 15-30 minute counseling sessions while the defendant was out of the office. In addition, the superseding indictment charges Guerrero with falsely and fraudulently submitting over 100 claims to various health care benefit programs for office visits at a higher code than the service provided; for office visits that were not medically necessary or within the course of usual medical practice; submitting claims for services that were not sufficiently documented in the patient’s medical record; and making claims for office visits as though a physician saw the patient, when in fact, a nurse practitioner saw the patient.

The superseding indictment includes a money laundering charge. Guerrero is accused of redeeming (paying the taxes) a building located at 1201 West Wall Street in Jeffersonville, Indiana, with $89,556.25 in cash derived from unlawful activity—the unlawful dispensing and distribution of controlled substances and health care fraud.

If convicted at trial, Guerrero faces up to life in prison, a financial fine and a period of supervised release.

This case is being prosecuted by Assistant United States Attorneys Joseph Ansari and Lettricea Jefferson-Webb and is being investigated by the Federal Bureau of Investigation (FBI), the U.S. Department of Health and Human Services-Office of Inspector General (HHS-OIG), the U.S. Drug Enforcement Administration (DEA), Indiana and Kentucky Medicaid Fraud Control Units, and Louisville Metro Police Department (LMPD).

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