The following examples of Healthcare Fraud Investigations are written from public record documents on file in the courts within the judicial district where the cases were prosecuted.
Former Owner and Operator of New York Health Clinics Sentenced for $30 Million Medicare Fraud Scheme
On Aug. 25, 2015, in Manhattan, New York, Oscar Huachillo was sentenced to 87 months in prison, three years of supervised release and ordered to pay $3,454,244 in restitution and $31,177,987 in forfeiture, including forfeiture of approximately $14 million of assets that were seized at or around the time of Huachillo’s arrest in August 2013. Huachillo previously pleaded guilty to orchestrating a scheme to defraud Medicare out of more than $31 million and evading more than $3.4 million in federal income taxes by falsely underreporting his income. Huachillo set up and operated multiple health care clinics in New York City that purported to provide injection and infusion treatments to Medicare-eligible HIV/AIDS patients, but that were, in reality, health care fraud mills that routinely billed Medicare for medications that were never provided or were provided at highly diluted doses, and often unnecessary because the person being “treated” did not medically need the treatments. In addition, Huachillo willfully evaded over $3.4 million in taxes owed to the IRS during the tax years 2009 through 2011 by falsely underreporting his taxable income, including income he had obtained through fraudulent Medicare claims.
Michigan Oncologist Sentenced for Healthcare Fraud, Money Laundering
On July 10, 2015, in Detroit, Michigan, Farid Fata, of Oakland Township, was sentenced to 540 months in prison and ordered to forfeit $17.6 million. Fata, a Detroit area hematologist-oncologist, pleaded guilty in September 2014 to 13 counts of health care fraud, one count of conspiracy to pay or receive kickbacks and two counts of money laundering. Fata was a licensed medical doctor who owned and operated a cancer treatment clinic, Michigan Hematology Oncology P.C. (MHO), which had various locations in Michigan. He also owned a diagnostic testing facility, United Diagnostics PLLC, located in Rochester Hills, Michigan. Fata prescribed and administered unnecessary aggressive chemotherapy, cancer treatments, intravenous iron and other infusion therapies to 553 individual patients in order to increase his billings to Medicare and other insurance companies. Fata then submitted approximately $34 million in fraudulent claims to Medicare and other insurers for these unnecessary treatments. Furthermore, Fata used the proceeds of the health care fraud at his medical practice, MHO, to promote the carrying on of additional health care fraud at United Diagnostics, where he administered unnecessary and expensive positron emission tomography (PET) scans for which he billed a private insurer.
Kentucky Doctor Sentenced for Tax Fraud Claiming Millions in Fraudulent Business Expenses
On July 7, 2015, in London, Kentucky, Dr. Visa Haran Sivasubramaniam was sentenced to 24 months in prison, one year of supervised release and ordered to pay a fine of $100,000 and restitution of $4,532,777 to the IRS. On Jan. 9, 2015, Sivasubramaniam pleaded guilty to filing false individual income tax returns. Sivasubramaniam owned and operated Hematology Oncology Physicians East (HOPE), a medical clinic where he offered oncology and hematology services. From 2007 through 2009, Sivasubramaniam earned more than $16 million in total income from HOPE. However, on his 2008 and 2009 personal and corporate income tax returns, Sivasubramaniam underreported his income and claimed millions in false and fictitious medical supply expenses. Over a three-year period, he claimed nearly $13 million in fraudulent business expenses.
Newark Doctor Sentenced for Accepting $1.8 Million in Bribes for Test Referrals
On July 8, 2015, in Newark, New Jersey, Frank Santangelo, of Boonton, was sentenced to 63 months in prison, three years of supervised release and ordered to forfeit more than $1.8 million for accepting bribes to refer millions of dollars in business to Biodiagnostic Laboratory Services LLC (BLS), of Parsippany, as part of a long-running scheme operated by the lab, its president, and numerous associates. Santangelo previously pleaded guilty to violating the Travel Act, money laundering and failing to file tax returns. Santangelo, a doctor, who has offices in Montville and Wayne, received more than $1.8 million in bribe payments from BLS for referrals for which the lab was paid more than $6 million by Medicare and various insurance companies. After receiving more than $800,000 from BLS through sham lease agreements and sham service agreements between 2006 and 2010, Santangelo began receiving bribes from BLS through a third party – often tens of thousands of dollars a month – totaling more than $1 million between 2010 and his arrest in April 2013. Additionally, Santangelo failed to file tax returns from 2009-2011 and he failed to pay taxes owed during that time period.
New Jersey Doctor Sentenced for Taking Bribes in Test-Referrals Scheme with New Jersey Clinical Lab
On June 23, 2015, in Newark, New Jersey, Douglas Bienstock, of Wayne, was sentenced to 37 months in prison, one year of supervised release and ordered to pay a $75,000 fine and forfeit $79,695. Bienstock previously pleaded guilty to accepting bribes. Bienstock, a doctor with a practice in Hawthorne, accepted bribes in exchange for test referrals as part of a long-running and elaborate scheme operated by Biodiagnostic Laboratory Services LLC (BLS), of Parsippany, its president and numerous associates. From February 2008 through October 2009, Bienstock was paid more than $2,500 per month under a sham service contract in return for patient blood specimen referrals to BLS. BLS also paid Bienstock $100 in cash for each of a certain type of blood test that he ordered. As a result of Bienstock’s referrals, BLS received approximately $640,000 in lab business.
Salesman Sentenced for Role in Bribes-For-Test-Referrals Scheme Involving New Jersey Clinical Lab
On June 17, 2015, in Newark, New Jersey, Len Rubinstein, of Holmdel, was sentenced to 37 months in prison, one year of supervised release, ordered to forfeit $250,000 and pay a $10,000 fine. Rubinstein previously pleaded guilty to one count of conspiracy to commit bribery and one count of money laundering for his role in a long-running and elaborate scheme operated by Biodiagnostic Laboratory Services LLC (BLS), of Parsippany, New Jersey, its president and numerous associates. From May 2012 through April 2013, Rubinstein agreed with BLS president David Nicoll, of Mountain Lakes, his brother, Scott Nicoll, of Wayne, and others to pay doctors to refer patients to BLS for testing of blood specimens. Rubinstein paid cash bribes to doctors as part of the conspiracy. Rubinstein admitted he used Delta Consulting Group LLC – an entity he controlled – to hide the money he received from BLS and used to make bribe payments to doctors.
North Carolina Woman Sentenced for Medicaid Fraud
On June 11, 2015, in Greensboro, North Carolina, Tracie Yvette Clay was sentenced to 70 months in prison, three years of supervised release and ordered to pay $990,099 in restitution to the North Carolina Medicaid program. Clay pleaded guilty Sept. 2, 2014 to health care fraud in connection with a scheme to defraud the North Carolina State Medicaid program through the fraudulent provision of behavioral health services. In February 2011, Clay set up a business, NC Behavioral Health and Counseling Services, Inc. Clay was the sole incorporator and listed as “Pres-CEO.” According to the incorporation papers, the business was established for administrative purposes and would not offer professional services. Clay submitted billings for Medicaid payments to the North Carolina Division of Medical Assistance. Clay also submitted claims for mental health treatment using “clients” who never received services from NC Behavioral and were unaware that someone was using their Medicaid identification numbers. About June 2, 2011, Clay submitted claims for allegedly providing mental health services to a Medicaid client . The claims were submitted using the individual provider number of a doctor and indicated that the doctor had supervised the delivery of these services, causing a loss of approximately $1,251. In fact, the doctor did not provide or supervise the services. From about March 10, 2011, to about March 7, 2012, Clay again submitted claims to the Medicaid program for allegedly providing mental health assessments and therapy to a client. The client did not know Clay or NC Behavioral. Clay was paid approximately $3,222 by the Medicaid program in connection with these false claims. Finally, about April 6, 2012, Clay wrote a check for $70,595 for the purchase of a 2011 Cadillac Escalade. The check was drawn on the NC Behavioral Health and Counseling Services bank account. From July 2011 until July 2012, that same bank account received approximately $1,090,918 in electronic payments from the Medicaid program. A financial analysis of the bank account revealed that approximately $907,992 of the account funds were used for personal and not business purposes.
Former President of Houston Hospital, Son and Co-Conspirator Sentenced in $158 Million Medicare Fraud Scheme
On June 9, 2015, in Houston, Texas, Earnest Gibson III, former president of a Houston hospital, his son, Earnest Gibson IV, and Regina Askew, a co-conspirator, were sentenced to 540 months, 240 months and 144 months in prison, respectively, for their roles in a $158 million Medicare fraud scheme. In addition, Gibson III was ordered to pay restitution in the amount of $46,753,180; Gibson IV was ordered to pay restitution in the amount of $7,518,480; and Askew was ordered to pay restitution in the amount of $46,255,893. On Oct. 20, 2014, following a jury trial, Gibson III, Gibson IV and Askew were each convicted of conspiracy to commit health care fraud, conspiracy to pay and receive kickbacks, as well as related counts of paying or receiving illegal kickbacks. Both father and son were also convicted of conspiracy to commit money laundering. Co-defendant Robert Crane, a patient recruiter, was also convicted of conspiracy to pay and receive kickbacks, and is scheduled to be sentenced in December 2015. Gibson IV is the operator of Devotions Care Solutions, a satellite psychiatric facility of Riverside General Hospital and Askew is the owner of Safe and Sound group home. From 2005 until June 2012, the defendants and others engaged in a scheme to defraud Medicare by submitting to Medicare, through Riverside and its satellite locations, approximately $158 million in false and fraudulent claims for partial hospitalization program (PHP) services. A PHP is a form of intensive outpatient treatment for severe mental illness. However, Medicare beneficiaries for whom the hospital billed Medicare did not qualify for, or need, PHP services. Moreover, the Medicare beneficiaries rarely saw a psychiatrist and did not receive intensive psychiatric treatment. Gibson III paid kickbacks to patient recruiters and to owners and operators of group care homes, including Askew, in exchange for those individuals delivering ineligible Medicare beneficiaries to the hospital’s PHPs. Gibson IV also paid patient recruiters, including Robert Crane and others, to deliver ineligible Medicare beneficiaries to the specific PHP he operated. Another co-conspirator, Mohammad Khan, was sentenced on May 21, 2015, to 480 months in prison for his role in the scheme. William Bullock, Leslie Clark, Robert Ferguson, Waddie McDuffie and Sharonda Holmes, who were involved in paying or receiving kickbacks, also have pleaded guilty to participating in the scheme and await sentencing.
Two Doctors Sentenced for Taking Bribes in Test-Referrals Scheme with New Jersey Clinical Lab
On June 2, 2015, in Newark, New Jersey, Richard Goldberg, of Weston, Connecticut, was sentenced to 20 months in prison, three years of supervised release and ordered to pay a $5,000 fine. Gary Leeds, of Greenwich, Connecticut, was sentenced to 20 months in prison, one year of supervised release and ordered to pay a $15,000 fine. Goldberg and Leeds must each forfeit $108,000. Both previously pleaded guilty to accepting bribes. Both Goldberg and Leeds were doctors with practices in New York and each accepted bribes in exchange for test referrals. The bribes were associated with the long-running and elaborate scheme operated by Biodiagnostic Laboratory Services LLC (BLS), of Parsippany, New Jersey, its president and numerous associates. Thirty-eight people – 26 of them doctors, including Goldberg and Leeds – have pleaded guilty in connection with the bribery scheme, which its organizers have admitted involved millions of dollars in bribes and resulted in more than $100 million in payments to BLS from Medicare and various private insurance companies. Goldberg and Leeds accepted thousands of dollars per month in cash between September 2010 and April 2013 in return for referring patient blood specimens to BLS. The pair acknowledged they each accepted more than $100,000 in cash from BLS in exchange for referring at least a combined $1.8 million in lab business from their joint practice, Family Medical Group of Manhattan.
Southern California Medical Supply Company Owner Sentenced for Medicare Fraud Scheme
On May 13, 2015, in Los Angeles, California, Olufunke Ibiyemi Fadojutimi, of Carson, California, was sentenced to 48 months in prison and ordered to pay $4,372,466 in restitution, with a co-defendant. Fadojutimi was convicted by a jury on July 31, 2014, of conspiracy to commit health care fraud, health care fraud and money laundering. Fadojutimi, a registered nurse and the former owner of Lutemi Medical Supply, fraudulently billed Medicare for more than $8 million of durable medical equipment that was not medically necessary. Specifically, between September 2003 and May 2010, Fadojutimi and others paid cash kickbacks to patient recruiters in exchange for patient referrals, and additional kickbacks to physicians for fraudulent prescriptions for medically unnecessary durable medical equipment, such as power wheelchairs. Fadojutimi and others then used these prescriptions to support fraudulent claims to Medicare. As a result of this fraud scheme, Fadojutimi and others submitted approximately $8.3 million in false and fraudulent claims to Medicare, and received almost $4.3 million on those claims.
Two Doctors Sentenced for Taking Bribes in Test-Referrals Scheme
On May 5, 2015, in Newark, New Jersey, Eugene DeSimone, of Eatontown, and Franz Goyzueta, of New York, were each sentenced to 37 months in prison and one year of supervised release. Additionally, DeSimone was ordered to forfeit $260,500 and Goyzueta was ordered to forfeit $72,000. Both DeSimone and Goyzueta previously pleaded guilty to accepting bribes in exchange for test referrals as part of a long-running and elaborate scheme operated by Biodiagnostic Laboratory Services LLC (BLS), of Parsippany, New Jersey, its president and numerous associates. DeSimone accepted $1,500 in cash per month between August 2010 and March 2013 in return for referring patient blood specimens to BLS, for which BLS received $980,000. Goyzueta accepted as much as $3,000 per month from BLS between December 2013 and March 2013 in return for patient blood specimen referrals, for which BLS received approximately $713,249. Thirty-eight people – 26 of them doctors, including DeSimone and Goyzueta – have pleaded guilty in connection with the bribery scheme, which its organizers have admitted involved millions of dollars in bribes and resulted in more than $100 million in payments to BLS from Medicare and various private insurance companies. The investigation has so far recovered more than $10.5 million to date through forfeiture.
Leader of a $23 Million Medicare Fraud Conspiracy Sentenced
On April 17, 2015, in Chicago, Illinois, Jacinto “John” Gabriel Jr., was sentenced to 120 months in prison and ordered to pay $23.3 million in restitution to the Medicare program and $1.5 million to the IRS. In February 2014, Gabriel pleaded guilty to conspiracy to commit health care fraud and tax evasion. Gabriel fraudulently obtained confidential background information of hundreds of Medicare beneficiaries and used that information to sign them up as patients of Perpetual Home Health, Inc. and Legacy Home Healthcare Services, companies that he controlled. Gabriel was charged with 11 other defendants, including doctors and company employees who were enlisted to help implement the scheme. Gabriel directed company staff to alter and create patient records and doctor’s orders to support fraudulent Medicare claims, to make payments to doctors and others for referring patients and signing doctor’s orders and to divert proceeds of the fraud scheme to him through friends, associates, and shell companies
Two New Jersey Doctors Sentenced for Taking Bribes in Test-Referral Scheme
On March 31, 2015, in Newark, New Jersey, Wayne Lajewski, of Madison, and Glenn Leslie, of Ramsey, were sentenced to 14 months and 24 months in prison, respectively. In addition to the prison term, both were sentenced to one year of supervised release and fined $10,000. Lajewski and Leslie previously pleaded guilty to separate informations charging them each with accepting bribes in exchange for test referrals as part of a long-running scheme operated by Biodiagnostic Laboratory Services LLC (BLS), of Parsippany, New Jersey, its president and numerous associates. As part of their guilty pleas, Lajewski must forfeit $48,000 and Leslie must forfeit $350,000. Including Lajewski and Leslie, 37 people – 24 of them physicians –pleaded guilty in connection with the bribery scheme, which its organizers admitted involved millions of dollars in bribes and resulted in more than $100 million in payments to BLS from Medicare and various private insurance companies. To date, the investigation has recovered more than $10.5 million through forfeiture. Lajewski accepted cash bribes of $2,000 per month for over two years in return for referring patient blood specimens to BLS, for which BLS received more than $850,000. Leslie accepted $5,000 per month in return for referring patient blood specimens to BLS, for which BLS received $380,000.
New York Pharmacist Sentenced for Multimillion-Dollar Medicare/Medicaid Fraud Scheme
On March 26, 2015, in Manhattan, New York, Purna Chandra Aramalla, of Port Washington, was sentenced to 36 months in prison, ordered to forfeit $7,503,605, pay restitution to his victims in the same amount, file amended tax returns for the years 2010 through 2012 and pay back taxes and applicable penalties. Aramalla was sentenced for conducting a scheme to defraud Medicaid, Medicare, and the New York State-funded AIDS Drug Assistance Program (“ADAP”) through the purchase and sale of illegally diverted prescription drugs, including HIV medication. Aramalla was also sentenced for tax evasion. Aramalla, a pharmacist, owned and operated A Fair Deal Pharmacy Inc. in Queens, New York, and Quality Drug Inc. in the Bronx, New York. Using these pharmacies, Aramalla carried out a multimillion-dollar scheme to defraud the New York State Medicaid, Medicare, and ADAP programs through the sale of diverted prescription drugs, that is, drugs not obtained from legitimate sources. Further, Aramalla signed and filed a false individual income tax return for the 2011 calendar year. Aramalla falsely underreported business income by $2,164,545, which resulted in tax due and owing of $757,591.
Former University Executive Sentenced for Tax Fraud and Embezzling Funds
On March 24, 2015, in Louisville, Kentucky, Perry Chadwick Vaughn, of Sellersburg, Indiana, was sentenced to 63 months in prison and ordered to pay $2,810,201 in restitution. Vaughn previously pleaded guilty to charges of theft and bribery in programs that receive federal funds, money laundering, mail fraud and filing false federal income tax returns. Vaughn, a former University of Louisville accountant, was promoted to Executive Director of the Department of Family & Geriatric Medicine at the University of Louisville School of Medicine. As part of the nearly six-year scheme, Vaughn diverted contractual checks and patient payments to the University Family and Geriatric Medicine Associates account then withdrew $2,809,489 for his personal use and benefit. Vaughn filed false individual tax returns for calendar years 2008 – 2012 that failed to report more than $2.4 million in income. Each of the returns was verified by a written declaration that it was made under the penalty of perjury and Vaughn knew in each instance that he was omitting reportable taxable income.
Former University Employee Sentenced On Fraud Charges
On March 19, 2015, in Rochester, New York, Debra Bulter, of Penfield, was sentenced to 36 months in prison, three years of supervised release and ordered to pay restitution totaling $4,285,637. Bulter was previously convicted of conspiracy to commit mail fraud and money laundering. Bulter worked as the program administrator for the Department of Anesthesiology at the University of Rochester in Rochester (the Department). From 2001 through 2012, CGF Anesthesia Associates, P.C. (CGF), contracted with the Department to provide anesthesiologists at medical facilities served by the Department. From 2007 to 2009, Bulter deceived the Department into making fraudulent payments of $930,000 to two doctors from CGF and $530,000 to CGF. The two doctors each executed fraudulent contracts with the Department worth more than $3,000,000 with the assistance of Bulter. The scheme caused the Department to divert compensation of $2,410,015 actually earned by CGF to the two doctors. For the years 2010 through 2012, CGF was deceived into paying $1,169,606 to Bulter’s business, DJA Solutions, LLC. Bulter also caused the Department to make a fraudulent and unauthorized loan to a doctor working for the Department. Bulter disguised various payments to the doctor as extra compensation resulting in total fraudulent payments to the doctor of $510,726. From October 2012 to May 2012, Bulter also caused the Department to pay a former employee $7,168. Doron Feldman, of Williamsville, New York, one of the two doctors with CGF, was sentenced to 24 months in prison and ordered to pay $1,617,000 in restitution.
Fugitive Captured and Sentenced for Role in Medicare Fraud Scheme
On March 11, 2015, in Columbia, South Carolina, Karo Gotti Blkhoyan, aka “Gotti,” of Glendale, California was sentenced to 57 months in prison, three years of supervised release and ordered to pay $7,000 in restitution. Blkhoyan was a fugitive for about two years and was arrested at the San Francisco International Airport attempting to re-enter the United States. Blkhoyan was part of a transnational criminal organization that established a “ghost” medical clinic in South Carolina using information stolen from a South Carolina doctor. Members of the conspiracy enrolled the clinic in Medicare, established bank accounts, linked the bank accounts to a mailbox store, registered the clinic with the South Carolina Secretary of State, and began to bill Medicare. All together, the “ghost” clinic billed Medicare for more than $1.1 million, with Medicare paying approximately $350,000 worth of claims. The money was then laundered through Southern Californian banks and shell businesses by members of the conspiracy. Two other members of the conspiracy have previously pleaded guilty to laundering money. Four members of the conspiracy are currently international fugitives.
Doctor Sentenced for Taking Bribes in Test-Referrals Scheme
On Dec. 16, 2014, in Newark, New Jersey, Demetrios Gabriel, of Brooklyn, New York, was sentenced to 37 months in prison, one year of supervised release and fined $75,000. Gabriel, a pediatrician with practices in Staten Island and Brooklyn, New York, previously pleaded guilty to accepting bribes in exchange for test referrals as part of a long-running scheme operated by Biodiagnostic Laboratory Services LLC (BLS), of Parsippany, New Jersey, its president and numerous associates. According to court documents, Gabriel accepted bribes in return for referring patient blood specimens to BLS and was paid more than $4,500 per month. Gabriel received a flat fee of $3,000 per month in cash, plus additional cash based on the number of patient blood samples his pediatric practice referred to BLS each month. In addition, Gabriel received $1,500 per month through credit card payments to a restaurant he owns. Including Gabriel, 33 people – 22 of them physicians – have pleaded guilty in connection with the bribery scheme, which its organizers have admitted involved millions of dollars in bribes and resulted in more than $100 million in payments to BLS from Medicare and various private insurance companies.
Montana Woman Sentenced for Medicaid Fraud and Tax Fraud
On Nov. 26, 2014, in Missoula, Montana, Anna Sue Tope, of Rexford, was sentenced to 12 months and one day in prison. According to court documents, Tope, a respiratory therapist, was the vice president of Eagle Calf Technical Corporation (Eagle Calf), a company providing medical equipment and services on the Blackfeet Indian Reservation. Eagle Calf’s clients in the Browning area are generally low-income patients eligible for Medicaid. From 2003 until 2011, an Eagle Calf customer received catheter supplies from the company. Although furnishing the patient with the less expensive catheter, Tope fraudulently billed Medicaid for the more expensive closed system catheters. Medicaid was billed for more than $1.7 million for over 108,000 closed system catheters purportedly supplied to the patient. Had the Medicaid program not been misled as to the medical equipment actually being provided, reimbursement to Eagle Calf would have been approximately $300,000. Tope’s fraudulent scheme cost the government $1.4 million. In addition, Tope failed to report her correct income resulting in a tax loss of over $200,000.
Chiropractor Sentenced In Health Care Fraud Case
On Nov. 3, 2014, in Topeka, Kansas, Jeffrey D. Fenn, a chiropractor, was sentenced to 60 months in prison and ordered to pay more than $1.8 million in restitution. Fenn pleaded guilty to health care fraud, aggravated identity theft and tax evasion. According to his plea agreement, from March 2011 to October 2013, Fenn submitted false claims to Medicare, Blue Cross/Blue Shield of Kansas and Coventry Health Care of Kansas, Inc., and the Federal Employees Health Benefits Program. Fenn developed what he called an “integrated practice,” hiring physicians, advanced registered nurse practitioners and physical therapists and ostensibly having them perform procedures he was not qualified to perform. He used the names of physicians he employed to submit false claims for services. Fenn fraudulently billed for nerve conduction tests, nerve block injections, subcutaneous infiltrate proceedings, fine needle aspirations and ultrasound procedures. In addition, Fenn made fraudulent claims for business and personal income taxes. For example, he claimed a $9,400 business expense for purchasing a server. In fact, he spent the money to make a down payment on a residential lot in Wichita. He claimed a $15,100 expense for advertising when, in fact, he used the money to make a down payment on a ski boat.
Office Manager and Husband of Michigan Doctor Sentenced for Accepting Kickbacks
On Oct. 6, 2014, in Grand Rapids, Michigan, Mohamad Abduljaber, of Okemos, was sentenced to 42 months in prison and ordered to pay $285,781 in restitution and forfeit $550,000. Abduljaber was convicted on charges of receipt of health care kickback payments and falsifying an income tax return. According to court documents, between January 2004 and April 2011, Abduljaber conspired with his wife, Dr. Shannon Wiggins, to receive kickbacks for referring patients for electrodiagnostic testing. Abduljaber served as the office manager of his wife’s medical practice. Abduljaber also signed a false tax return which did not accurately disclose cash income attributable to the billing for medical marijuana certifications. In September 2014, Dr. Wiggins was sentenced to 24 months in prison for the same crimes and Chyawan Bansil, the physical therapist who paid the kickback payments, was previously sentenced to 13 months in prison for billing insurance companies for the same electrodiagnostic testing, which he never actually performed.