NEWARK—Federal and state agents this morning arrested 11
people who are charged by complaint, along with two corporations, in
connection with a large-scale scheme to defraud the Medicaid program of
millions of dollars, U.S. Attorney Paul J. Fishman announced today.
The complaint also charges the owner of a home health aide business
headquartered in Linden, New Jersey, with attempting on two occasions to
hinder a state investigation by bribing a state regulator—who was
working with the FBI—and with conspiring with the owner of another home
health aide business in Elizabeth, New Jersey, to launder money.
The defendants arrested this morning are scheduled to appear this
afternoon before U.S. Magistrate Judge Madeline Cox Arleo in Newark
federal court.
“The defendants in this case allegedly enriched themselves by gaming
the Medicaid system,” U.S. Attorney Fishman said. “The actions described
in this complaint are especially egregious, because the taxpayer
dollars that were stolen were intended to provide necessary health care
for our most vulnerable citizens. I’m especially proud that federal and
state law enforcement agencies worked together effectively to uncover
this alleged fraud.”
David Velazquez, Acting Special Agent in Charge of the FBI, Newark,
said, “The FBI views health care fraud as a severe crime problem that
poses a potential risk to patients and increases health care costs for
all. Today’s arrests are the result of a four-year investigation into a
sophisticated scheme involving multiple layers of fraud, money
laundering, and bribery, in order to defraud the New Jersey Medicaid
program of millions of dollars. This case is indicative of how the FBI,
along with its federal partners and the state of New Jersey, will
continue to work together to pursue those that steal from our health
care system.”
“Falsely billing Medicaid for millions of dollars as alleged in
today’s complaint is a serious crime,” Internal Revenue Service (IRS)
Criminal Investigation Acting Special Agent in Charge Shantelle P.
Kitchen, Newark Field Office, said. “Financial fraud schemes such as
this are often described as a house of cards. The underlying structure
can fall apart at any time and expose the individuals responsible.
IRS-Criminal Investigation is committed to unraveling complex financial
transactions and money laundering schemes where individuals attempt to
conceal the true source of their money.”
New Jersey Attorney General Jeffrey Chiesa said, “The New Jersey
Division of Consumer Affairs regulates nurses, home health aides, and
home health agencies in our state and the Division’s Enforcement Bureau
aggressively investigates any allegations of fraud or wrongdoing by
those regulated professionals and businesses. We are proud to have
worked with the FBI on this investigation. Alleged billing fraud by
health professionals affects the entire economy and will not be
tolerated.”
According to the complaint filed in this case:
Irina Krutoyarsky, 58, of Springfield, New Jersey, was the owner and
operator of HHCH Health Care Inc., a for-profit home health aide
business located in Linden. HHCH billed Medicaid for services
purportedly provided by home health aides to Medicaid-eligible patients.
Medicaid is a jointly funded federal-state health insurance program
that provides certain health benefits to the disabled and individuals
and families with low incomes and resources. Paul Mil, 68, of
Springfield, was the owner and operator of People Choice Home Care Inc.,
another for-profit home health business located in Linden and
Elizabeth, which also billed Medicaid for services purportedly provided
by home health aides.
Krutoyarsky, Mil, and their conspirators allegedly defrauded Medicaid
of millions of dollars through a variety of schemes, including:
- Billing Medicaid for treatment and services not actually rendered;
- Obtaining fraudulent home health aide certifications for employees and others;
- Using illegal aliens and/or non-certified individuals to provide
home health aide services and billing Medicaid, claiming the services
had been provided by certified home health aides.
According to the complaint:
During the investigation, an individual working with the
FBI—“Cooperating Witness Three” (CW3)—met Krutoyarsky, Mil, and others
at HHCH and consensually recorded a number of conversations. For
example, on January 31, 2012, CW3 met with Krutoyarsky and Mil to
discuss obtaining a home health aide license. During this consensually
recorded conversation (audio and video), they discussed fraudulently
billing Medicaid by providing false information about the patients,
known as a “bait and switch”:
Krutoyarsky: You know, it’s just the free money...coming in.
CW3: That’s true.
Mil described how they billed Medicaid for services not actually rendered:
Mil: It’s a lot of people, a lot of people who...Medicaid. Government
pay for the service. We can get, you know, between 10 and 18 hours [of
Medicaid billing per week per patient]. Look, people can work in a week
and get paid hundred bucks a week doing nothing. Why not?
* * * *
Krutoyarsky: ...But as long as these people doesn’t live in the same address, so Medicaid is not gonna trace.
CW3: Oh, so, otherwise they will trace. Okay.
Krutoyarsky: Because they do the tracings, you know. They gonna see
who’s working, who’s not working, this and that....So this way, they
gonna have a free money....Government, free money.
After meeting with Krutoyarsky and Mil, CW3 met with defendant
Nekadam S. Galibova, an HHCH office employee who assisted CW3 in
obtaining a home health aide license without taking the required course
or test. CW3 underwent neither the required training nor testing, but in
March 2012, CW3 received a home health aide license from the New
Jersey. Krutoyarsky, Mil, and others billed Medicaid under CW3’s
license, knowing that CW3 provided no treatment to any patients.
Galibova was also a purported HHCH home health aide. The
investigation revealed that she conspired with Krutoyarsky and others to
bill Medicaid for services not rendered. Galibova and HHCH billed
Medicaid for a patient (referred to as Patient M.N.) from July 27 to 31,
2009 and August 3 to 4, 2009, periods when that patient was, in fact,
out of the country.
Krutoyarsky and Mil also dispatched undocumented aliens and other
unlicensed individuals to patients’ homes. Defendant Sonia Mesa was
observed by the FBI visiting a patient’s home; however, Medicaid was
billed using the names of others, including Alla Neymet and Leonora
Popesku.
Krutoyarsky also bribed a New Jersey Department of Labor employee on
two occasions to stop wage and hour investigations into HHCH and People
Choice. This state employee, however, was cooperating with the FBI and
is referred to in the Complaint as “Cooperating Witness Two” (CW2). On
June 14, 2010, Krutoyarsky met CW2 about the state investigation into
HHCH. Krutoyarsky did not want to provide CW2 with records related the
HHCH and handed CW2 an envelope containing approximately $1,000 in cash.
Krutoyarsky and CW2 passed notes back and forth, negotiating the
bribe. Eventually, Krutoyarsky agreed to pay CW2 $10,000, which she
later paid. On April 14, 2011, Krutoyarsky paid another $15,000 to CW2
to subvert a state investigation into People Choice.
Krutoyarsky and Mil then allegedly laundered the proceeds of the
Medicaid fraud to conceal their scheme and allow it to continue.
Krutoyarsky and defendant Gulmira Shayakhmetova are alleged to have
conspired to structure money by making numerous cash withdrawals in
amounts under $10,000 to evade the banks requirement to file a report
with the U.S. Treasury.
Count one charges conspiracy to commit health care fraud and carries a
maximum penalty of 20 years in prison and a $250,000 fine. Counts two
and three each charge bribery and each charge carries a maximum penalty
of 10 years in prison and a $250,000 fine. Count four charges conspiracy
to commit money laundering and carries a maximum penalty of 20 years in
prison and a $500,000 fine. Count five charges conspiracy to unlawfully
structure financial transactions and carries a maximum penalty of five
years in prison and a $250,000 fine.
In addition, HHCH and People Choice were charged in count one of the
criminal complaint with conspiracy to commit health care fraud.
The criminal complaint also alleges forfeiture and provides notice of
the federal government’s intent to forfeit at least $3.45 million in
proceeds from the alleged offense and numerous properties in
Krutoyarsky’s name in New Jersey, Florida, and New York.
U.S. Attorney Fishman praised agents of the FBI, under the direction
of Acting Special Agent in Charge David Velazquez in Newark;
IRS-Criminal Investigation, under the direction of Acting Special Agent
in Charge Shantelle P. Kitchen; U.S. Citizenship and Immigration
Services; New Jersey Attorney General Jeffrey Chiesa; New Jersey State
Comptroller Matthew Boxer; Division Director Mark Anderson, Office of
the State Comptroller, Medicaid Fraud Division; New Jersey Division of
Consumer Affairs, under the direction of Director Eric T. Kanefsky,
Board of Nursing; Hal Wirth, Commissioner, New Jersey Department of
Labor; U.S. Department of State-Diplomatic Security; and the Marlboro
Police Department, under the direction of Chief Bruce Hall, for the
investigation leading to today’s charges.
The government is represented by Assistant U.S. Attorneys Anthony
Moscato and Jonathan W. Romankow of the Organized Crime/Gangs Unit,
Lakshmi Srinivasan Herman of the Economic Crimes Unit and Peter W. Gaeta
of the Asset Forfeiture and Money Laundering Unit.
The charges and allegations contained in the complaint are merely
accusations, and the defendants are considered innocent unless and until
proven guilty.