LAWFUEL – Press Release Service – R. Alexander Acosta, United Stat…

LAWFUEL – Press Release Service – R. Alexander Acosta, United States Attorney for the Southern District of Florida, and Jonathan I. Solomon, Special Agent in Charge, Federal Bureau of Investigation, announced today a jury verdict in connection with a $1.3 million Medicare HIV/AIDS billing fraud scheme.

A Miami jury this morning found Isaac Nosovsky, a Weston plastic surgeon, guilty of one (1) count of conspiracy to defraud the United States and Medicare and six (6) counts of health care fraud in relation to an HIV/AIDS clinic which operated in Miami during 2004 and 2005. In March 2006, a Miami grand jury indicted Nosovsky and co-defendant Adela Faustina Gonzalez in connection with the scheme.

Nosovsky faces up to five (5) years’ imprisonment on the conspiracy charge. He faces a maximum statutory sentence of ten (10) years’ imprisonment on each of the six (6) health care fraud charges. After the jury’s guilty verdict, Nosovsky was remanded into the custody of the Federal Bureau of Prisons by United States District Court Judge Paul C. Huck. Nosovsky’s sentencing is scheduled for August 10, 2006.

Nosovskys co-defendant, Adela Faustina Gonzalez, pleaded guilty prior to trial. Her sentencing is scheduled for July 6, 2006 before Judge Huck. Three other co-conspirators, Rosa Walled, Rafael Walled, and Gregory Delatour were separately charged and have all pleaded guilty. Rosa Walled was sentenced today before United States District Court Judge Cecilia M. Altonaga to 57 months incarceration and $2.0 million in restitution. Gregory Delatour was sentenced on Friday, May 26, 2006 by United States District Court Judge Patricia A. Seitz to 34 months incarceration and $714,000 in restitution. Rafael Walled sentencing is scheduled for July, 2006 before Judge Ungaro-Benages.

The evidence presented at Nosovsky’s trial established that his co-conspirators paid cash kickbacks to Medicare patients to attend Nosovsky’s clinic which was located at 2250 Southwest 3rd Avenue in Miami. When the patients arrived at the clinic, they were either not provided medical services or were provided services that were medically unnecessary.

The evidence demonstrated that numerous claims were submitted by the clinic to Medicare for the non-rendered or medically unnecessary services. Medicare paid the clinic in excess of $1.3 million as a result of the fraudulent claims. Nosovsky pre-signed numerous patient-related documents in blank without regard for medical necessity.

Mr. Acosta commended the investigative efforts of the Federal Bureau of Investigation. The investigation involving Nosovsky, Gonzalez, the Walleds, and Delatour was handled by Special Assistant United States Attorney William J. Parente, Jr., who is a special agent with the Miami Field Office of the Federal Bureau of Investigation. Since the autumn of 2005, Mr. Parente, a licensed attorney, has been specially designated by the United States Attorney’s Office to prosecute health care fraud matters in South Florida. Assistant United States Attorney Marc Osborne assisted Mr. Parente in the Nosovsky trial.

Mr. Acosta further noted that in the first eight (8) months of the current fiscal year, which began on October 1, 2005, the U.S. Attorney’s Office has brought 41 new criminal health care fraud cases, charging 67 defendants and involving allegations of at least $40 million of losses to government health insurance programs, primarily Medicare.

A copy of this press release may be found on the website of the United States Attorney’s Office for the Southern District of Florida at www.usdoj.gov/usao/fls. Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.

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