Please E-mail suggested additions, comments and/or corrections to Kent@MoreLaw.Com.
Help support the publication of case reports on MoreLaw
Date: 01-30-2023
Case Style:
United States of America v. Dean Zusmer and Lawrence Alexander
Case Number: 0:21-cr-60253
Judge: K. Michael Moore
Court: United States District Court for the Southern District of Florida (Miami-Dade County)
Plaintiff's Attorney: United States Attorney’s Office in Miami
Defendant's Attorney:
Description: Miami, Florida criminal defense lawyer represented Defendant charged with wire fraud.
Dean Zusmer, 54, of Miami, was a chiropractor who conspired with others to steal millions of dollars from Medicare. Zusmer owned one of four DME companies that collectively billed Medicare over $31 million for medically unnecessary DME, of which over $15 million was paid. Zusmer and his co-conspirators, including Jeremy Waxman, acquired patient referrals and signed doctors’ orders by paying kickbacks to marketers who used overseas call centers to solicit patients and telemedicine companies to procure prescriptions for unnecessary braces for these patients.
Court documents and evidence presented at trial further demonstrated that Lawrence Alexander, M.D., 45, of Miami, was an orthopedic surgeon who owned one of the DME companies with Waxman and concealed both his and Waxman’s roles in the scheme by putting the DME company in the name of one of Alexander’s family members.
Zusmer was convicted of conspiracy to commit health care fraud, health care fraud, conspiracy to pay illegal health care kickbacks, paying illegal health care kickbacks, and false statements relating to health care matters. He is scheduled to be sentenced on April 20 and faces a maximum penalty of 10 years in prison on each of the following counts: conspiracy to commit health care fraud; health care fraud; and paying illegal health care kickbacks. Zusmer faces a maximum penalty of five years in prison for the following counts: conspiracy to pay illegal health care kickbacks and false statements relating to health care matters.
Alexander was convicted of false statements relating to health care matters. He is scheduled to be sentenced on April 20 and faces a maximum penalty of five years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Waxman was previously sentenced to over 15 years in prison for his role in the scheme.
Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division; Assistant Director Luis Quesada of the FBI Criminal Investigative Division; Special Agent in Charge Robert M. DeWitt of the FBI Miami Field Office; and Special Agent in Charge Omar Pérez Aybar of the Department of Health and Human Services Office of the Inspector General (HHS-OIG), Miami Regional Office made the announcement.
The FBI and HHS-OIG investigated the case.
Trial Attorneys Catherine Wagner, Patrick Queenan, Meredith Hough, Jamie de Boer, and Keith Clouser of the Criminal Division’s Fraud Section are prosecuting the case.
ATTEMPT AND CONSPIRACY TO COMMIT Health Care Fraud
(1)
HEALTH CARE FRAUD
(3)
CONSPIRACY TO DEFRAUD THE UNITED STATES and Pay and Receive Health Care Benefits
(6)
PAYMENT OF KICKBACKS in Connection with a Federal Health Care Program
(9)
FALSE STATEMENTS RELATING TO HEALTH CARE MATTERS
(21)
Outcome: Defendants were found guilty.
01/30/2023 354 PAPERLESS Minute Entry for proceedings held before Judge K. Michael Moore: Jury Trial as to Lawrence Alexander and Dean Zusmer held on 1/30/2023. Day 10. Deliberations continued. The jury reached a verdict. The verdict was published by the clerk. The jury was polled. The Court discharged the jurors from further consideration in the trial of this cause. Defendant's remanded into USM custody. Total time in court: 1 hour. Attorney Appearance(s): Patrick J. Queenan, Meredith Hough, Catherine Wagner, Richard Carroll Klugh, Jr, Jose Quinon, Frank Quintero, Jr, Barry Michael Wax, and Mark Russell Eiglarsh, Court Reporter: Quanincia Hill, 305-523-5634 / Quanincia_Hill@flsd.uscourts.gov. (ar2) (Entered: 01/30/2023)
01/30/2023 355 PAPERLESS NOTICE OF SENTENCING HEARING as to Lawrence Alexander and Dean Zusmer. Sentencing set for 4/20/2023 at 2:00 PM in Miami Division before District Judge K. Michael Moore, United States Courthouse, Courtroom 13-1 (thirteenth floor), 400 North Miami Avenue, Miami, Florida. All Parties shall appear in person. If not already in custody, Defendant will be remanded to the custody of the Bureau of Prisons upon the imposition of a sentence that includes a term of imprisonment. (ar2) (Entered: 01/30/2023)
01/30/2023 356 Jury Instructions as to Lawrence Alexander and Dean Zusmer (ar2) (Entered: 01/30/2023)
01/30/2023 357 Jury Notes as to Lawrence Alexander and Dean Zusmer (ar2) (Additional attachment(s) added on 1/30/2023: # 1 Restricted Unredacted Jury Note/Verdict) (ar2). (Entered: 01/30/2023)
01/30/2023 359 JURY VERDICT as to Dean Zusmer (3) Guilty on Counts 1, 3, 6, 9 and 21, Not Guilty on Counts 8 and 12. (ar2) (Additional attachment(s) added on 1/30/2023: # 1 Restricted Unredacted Jury Note/Verdict) (ar2). (Entered: 01/30/2023)
Plaintiff's Experts:
Defendant's Experts:
Comments: