Florida Jury Convicts Doctor In AIDS Clinic Fraud Scheme

MIAMI – R. Alexander Acosta, U.S. attorney for the Southern District of Florida, and Jonathan Solomon, special agent in charge, FBI, announced May 31 a jury verdict in connection with a $1.3 million Medicare HIV/AIDS billing fraud scheme.

A Miami jury found Isaac Nosovsky, a Weston plastic surgeon, guilty of one count of conspiracy to defraud the United States and Medicare and six 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 years’ imprisonment on the conspiracy charge. He faces a maximum statutory sentence of 10 years’ imprisonment on each of the six health care fraud charges. After the jury’s guilty verdict, Nosovsky was remanded into the custody of the Federal Bureau of Prisons by U.S. District Court Judge Paul C. Huck. Nosovsky’s sentencing is scheduled for Aug.

Nosovskys co-defendant, Adela Faustina Gonzalez, pleaded guilty prior to trial. Her sentencing is scheduled for July 6 before Judge Huck. Three other co-conspirators, Rosa Walled, Rafael Walled, and Gregory Delatour were separately charged U.S. District Court Judge Cecilia M. Altonaga to 57 months incarceration and $2 million in restitution. Delatour was sentenced May 26 by U.S. District Court Judge Patricia Seitz to 34 months incarceration and $714,000 in restitution. Rafael Walled sentencing is scheduled for July before Judge Ungaro-Benages.

According to the prosecutor, the evidence presented at Nosovsky’s trial established that his co-conspirators paid cash kickbacks to Medicare patients to attend Nosovsky’s Miami clinic. 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 to medical necessity.

Acosta noted that in the first eight months of the current fiscal year, which began on Oct. 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.

For additional information, go to www.usdoj.gov.

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