Marcialed and Sacred Health in Alleged $12.5 Million Miami Medicare Fraud By Tod Aronovitz | 05/01/14 | 0 Comment

Nine residents of Miami-Dade County and one from Hillsborough County were arrested in connection to their alleged participation in a $12.5 million Miami Medicare fraud scheme involving two Miami-based home healthcare agencies, the U.S. Attorney’s Office-Southern District of Florida announced in a news release.

A federal grand jury in Miami recently returned a 59-count indictment charging that from approximately November 2011 to October 2013, ten individuals received payments and kickbacks in order to cause false and fraudulent claims to be submitted to Medicare.

The defendants are:

  • Vicente Diaz, 39
  • Daniel Ocampo, 35
  • Elsa Capo, 71
  • Santiago Sepulveda, 79
  • Marta Curbeco, 67
  • Margarita Rodriguez, 72
  • Francisco Maysonet, 67
  • Pedro Peralta, 69
  • Amira Galan, 79
  • Ana Rosa Santana, 77

The accusations center on the operation of Marcialed Health Care Corp. and Sacred Health Inc., which were purportedly in the business of providing home health care to Medicare beneficiaries.

According to the indictment, Vicente Diaz controlled Marcialed and Sacred Health, while Daniel Ocampo was an officer of Sacred Health. Both offered and paid kickbacks and bribes to patient recruiters in return for referring beneficiaries to serve as patients so that the two clinics could bill Medicare for home health services that were not medically necessary and were not provided.

Eight of the co-conspirators—Capo, Sepulveda, Curbeco, Rodriguez, Maysonet, Peralta, Galan, and Santana—are Medicare beneficiaries. As part of the plot, they agreed to act as patients of Marcialed and Sacred Health, receiving kickbacks and bribes in return for their participation. In addition, Curbeco, Rodriguez and Peralta acted as recruiters, soliciting and accepting kickbacks and bribes in exchange for referring beneficiaries to serve as patients of Marcialed and Sacred Health.

All 10 defendants are charged with conspiracy to commit health care fraud and wire fraud, in addition to conspiracy to pay and receive bribes and kickbacks in connection with a federal health care program.

Diaz is also charged with nine counts of health care fraud and 19 counts of paying kickbacks and bribes, while Ocampo is additionally charged with nine counts of health care fraud and 13 counts of paying kickbacks and bribes.

The other eight are charged with one count of health care fraud and various counts of receiving kickbacks and bribes in exchange for serving as “patients” of the clinics. Curbeco, Rodriguez, and Peralta are also charged with soliciting and accepting kickbacks and bribes in exchange for referring other beneficiaries to act as patients of Marcialed and Sacred Health.

Medicare paid approximately $7,809,243 to Marcialed and $4,694,834 to Sacred Health as a result of the fraudulent claims, the indictment contends.

The indictment alleges that Diaz, Ocampo, and other conspirators illegally used the money obtained from Medicare for their personal use and to further the fraud. Forfeiture of two properties and four Mercedes vehicles are also being sought in the indictment.

How to Report Miami Medicare Fraud

Healthcare professionals or medical billing employees who have knowledge of questionable Medicare billing practices can file a confidential legal claim under the False Claims Act. By acting as a “whistleblower” in what is known as a “qui tam” lawsuit, a private party may collect between 10 to 30 percent of the amount recovered, depending on how the case is prosecuted.

ARONOVITZ LAW: Miami Whistleblower / Qui Tam Law Firm

The Miami Qui Tam law firm of ARONOVITZ LAW routinely works with whistleblowers to document Medicare fraud and other forms of fraud against the government. Contact Miami Whistleblower / Qui Tam lawyer Tod Aronovitz to discuss your case.