United States Attorney
Southern District of New York
SEPTEMBER 22, 2011 ELLEN DAVIS, CARLY SULLIVAN,
PREET BHARARA, the United States Attorney for the
Southern District of New York, announced that the United States
has settled a civil fraud lawsuit it filed against CHAIM
CHAIMOWITZ, a podiatrist, for submitting false claims to
Medicare. According to the lawsuit, CHAIMOWITZ sought
reimbursement for non-compensable routine foot care, and billed
Medicare for services that could not have been performed in the
time period reported. The settlement, entered yesterday in
Manhattan federal court by U.S. District Court Judge ROBERT W.
SWEET, requires CHAIMOWITZ to pay $800,000 to the United States
under the False Claims Act. CHAIMOWITZ has also entered into an
Integrity Agreement with the Office of Inspector General of the
Department of Health and Human Services for a five year period
that, among other things, requires him to establish and maintain
a compliance program and undertake training obligations.
In its complaint, the Government alleged that from 1999
to 2006, CHAIMOWITZ submitted false claims to Medicare stating
that he was providing examinations and treating foot-related
ailments to patients at nursing homes when in fact he was merely
providing routine foot care. In addition, the Government further
alleged that CHAIMOWITZ billed Medicare for procedures that could
not have been performed in the time period indicated in the
claims. For example, on nine separate days, he billed services
that should have taken him more than 35 hours to perform.
Mr. BHARARA praised the investigative work of the U.S.
Department of Health and Human Service’s Office of the Inspector
This case is being handled by the Office’s Civil Frauds
Unit. Assistant U.S. Attorney LAWRENCE H. FOGELMAN is in charge
of the case.