Medicare Fraud Case Decided by US District Court

RI Criminal Attorney Calcagni reports on the following case results for a criminal fraud defense client.


FACTS:
A pharmacist was charged in U.S. District Court with two counts of Conspiracy to Commit Medicare/Medicaid Fraud. The government alleged that the pharmacist conspired with patients to purchase their prescription slips for narcotic and other expensive medications.

The pharmacist did not fill these prescriptions, but instead, accepted the slips in exchange for cash. He then used the slips to support billing requests he submitted to Medicare/Medicaid to receive payment for prescribed medications that were never dispensed.

The government charges that the pharmacist engaged in this fraud scheme with multiple patients over a prolonged period during which he defrauded the United States and Medicare/Medicaid Programs out of approximately $150,000.00.

The pharmacist remained in pretrial custody for nearly 8 months while his case was pending. Prior to being charged, he spent 6 months in ICE custody due to an order that he be deported from the United States because his Green Card had expired.

POTENTIAL SENTENCE:
The pharmacist pled guilty to this misconduct and entered into a plea agreement with the government that provided for a sentencing range of 18-24 months. Notwithstanding, he still faced a maximum potential punishment of 10 years in jail; 3 years of supervised release, a fine of up to $250,000.00 and restitution of $150,000.00.

ARGUMENT:
A carefully prepared statement for the pharmacist’s sentencing presented the extenuating and mitigating factors of family; economic oppression, loss of pharmacy license, business and assets; life circumstances, and other factors to the sentencing judge.

Attorney Calcagni submitted these matters in support of his sentencing recommendation on the pharmacist’s behalf that he be sentenced to the time served in pretrial custody. Both the government, who sought a sentence of 19 months; and the U.S. Probation Department, who sought a sentence in the range of 3 years; opposed this request.

At the time of sentencing, the Court approved Attorney Calcagni’s sentencing recommendation. The pharmacist was sentenced to time served; no fine; and restitution in the approximate amount of $150,000.00.

SENTENCE:
Medicare/Medicaid Fraud: Time Served.




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The Law Office of John L. Calcagni III offers clients representation in the areas of Criminal Defense, Military Defense, Federal Criminal Defense, OUI Defense in MA , and Assault and Battery matters. John L. Calcagni, III is licensed to practice in state and federal courts in the States of Rhode Island, Connecticut, New York, Florida, and the Commonwealth of Massachusetts.

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