Medicare Fraud Fugitive Taken Into Custody At
May 12, 2010 -
Jose Garcia, 55, who has been a fugitive since 2008, was taken
into federal custody Monday at
Garcia appeared in
federal court in
According to the
indictment, Garcia, Freire and their co-conspirators allegedly retained
and trained physicians and physicians’ assistants as part of the scheme
at Global Med-Care to make it appear that legitimate HIV infusion and
medical services were being provided.
The indictment also alleges that Garcia and Freire laundered the
proceeds of their crimes by sending the proceeds to sham management and
marketing companies owned and controlled by their co-conspirators. The
charges in the indictment are merely allegations and Garcia is presumed
innocent until proven guilty.
Garcia and Freire
were charged with one count of conspiracy to defraud the
guilty on Aug. 28, 2008, to one count of conspiracy to defraud the
Medicare program, and was sentenced on Nov. 12, 2008, by
that after payments from Medicare were made into the bank accounts of
Global Med-Care, she and others transferred approximately $6 million of
the fraud proceeds to sham management, marketing and investment
companies owned and operated by co-conspirators Carlos, Luis and Jose
Carlos and Luis Benitez and Thomas McKenzie were charged separately with
health care fraud and money laundering crimes in an indictment unsealed
on June 11, 2008. According
to the separate indictment, these co-conspirators allegedly provided the
money and staff necessary to open Global Med-Care; the Medicare patients
whom the clinic would bill to the Medicare program; and transportation
for the HIV patients who visited the clinic.
That indictment also alleges that Carlos and Luis Benitez were
the true owners of Global Med-Care.
The three Benitez
brothers and McKenzie were charged with participating in the commission
of approximately $109 million in HIV infusion fraud and money laundering
through Global Med-Care and 10 other HIV infusion clinics.
On Sept. 18, 2008, McKenzie pleaded guilty to one count of
conspiracy to commit health care fraud and one count of submitting false
claims to the Medicare program, and also admitted his role in a $119
million HIV infusion fraud scheme.
McKenzie was sentenced by U.S. District Judge Alan S. Gold on
Dec. 18, 2008, to 14 years in prison in connection with his role in the
HIV-infusion Medicare fraud scheme.
In addition to the prison sentence, McKenzie was ordered to serve
three years of supervised release following his prison term and pay $84
million in restitution to the Medicare program.
The Benitez brothers remain fugitives.
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