US Attorney – Health Care Fraud Defendant Arrested Entering The US From Cuba – LawFuel Legal Announcement Service

LawFuel – Legal Newswire – R. Alexander Acosta, United States Attorney for the Southern District of Florida, Jonathan I. Solomon, Special Agent in Charge, Federal Bureau of Investigation, and Christopher B. Dennis, Special Agent in Charge, U.S. Department of Health and Human Services, Office of the Inspector General, Miami Regional Office, announced today that defendant Darvis Lazaro Leal, 30, of Havana, Cuba, appeared in federal court today before Magistrate Judge Edwin Torres, and was ordered detained pending trial based on risk of flight. Leal was previously indicted on five counts of health care fraud, in violation of Title 18, United States Code, Section 1347.

According to the Indictment, defendant Leal controlled and operated RR Pharmacy, Inc. (“RR Pharmacy”), a DME company located at 3750 West 16th Avenue, Suite 100, Miami, FL. From June 15, 2006 through September 16, 2004, Leal is alleged to have caused the submission of approximately $425,000 false claims to Medicare on behalf of RR Pharmacy, seeking reimbursement for the cost of DME items and services that were not prescribed by doctors and not provided as claimed.

According to evidence adduced at today’s detention hearing, defendant Leal departed Miami for Cuba via Costa Rica in September 2006, while the federal health care fraud investigation into RR Pharmacy was pending. Thereafter, Leal, then residing in Havana, frequently traveled between Costa Rica and Cuba as a self-employed clothes salesman.

On January 29, 2009, Leal was arrested at Miami International Airport pursuant to an outstanding arrest warrant, which had been issued under seal following his Indictment in Case No. 08-20583-Cr-Moreno. At that time, Leal had traveled from Cuba, to Costa Rica, to the Miami.

Mr. Acosta commended the investigative efforts of the Federal Bureau of Investigation, and the United States Department of Health and Human Services, Office of the Inspector General. This case is being handled by Assistant United States Attorney Christopher J. Clark.

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 http://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 http://www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.


Correctional Officer at FCI Englewood Sentenced for Accepting Bribe to Introduce Contraband intothe Prison

DENVER (LAWFUEL) – James D. Caban, age 48, of Northglenn, Colorado, a former federal prison correctional officer, was sentenced last week by Chief U.S. District Court Judge Wiley Y. Daniel to serve 12 months and 1 day in prison for accepting a bribe as a public official. After serving his prison sentence, Caban must serve 3 years of supervised release. Chief Judge Daniel ordered Caban to report to a facility designated by the U.S. Bureau of Prisons on or before April 6, 2009.

James D. Caban was indicted by a federal grand jury in Denver on June 2, 2008. He pled guilty before Chief Judge Daniel on November 6, 2008. He was sentenced by the Chief Judge on January 30, 2009.

According to the stipulated facts contained in the plea agreement, Caban was a correctional officer at the Federal Correctional Institute (FCI) in Englewood, Colorado. The defendant introduced contraband inside the prison. Specifically, Caban smuggled loose tobacco and rolling papers to an inmate in exchange for cash payments delivered to his home, and money orders mailed to his post office box. He used a black duffle bag to smuggle the contraband into the prison.

Each delivery consisted of 10 to 12 rolled up Ziploc bags containing the tobacco. He delivered the packages by meeting the inmate in the staff office. The inmate, in turn, concealed the bags inside his shirt and pants. In total, Caban received over $5,000 during the course of the scheme.

During the sentencing Chief Judge Daniel read part of a letter written by FCI Englewood Warden Blake R. Davis to Fredrick Bach, Chief of the U.S. Probation Office in Colorado. The letter said, in part, that “accepting bribes threatens the security of the institution and the safety of other inmates, staff, and the public.” The letter goes on to read, “A staff member who accepts bribes is subject to extortion demands, and may be easily pressured to violate other prison rules. As other inmates learn or suspect that such behavior is occurring, the inmate who is benefitting from the illegal activity may be subject to retaliation or pressure from other inmates seeking an advantage for themselves.”

This case was investigated by Special Agent Jeffrey W. Campbell of the U.S. Department of Justice Office of the Inspector General. The U.S. Bureau of Prisons also played an important role in this case.

Caban was prosecuted by Assistant U.S. Attorney Martha Paluch.

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