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Date: 10-10-2018

Case Style:

United States of America v. Dr. John R. Sink, Jr. and Diane M. Sink

Case Number: 1:18-cr-00037-NDF

Judge: Alan B. Johnson

Court: United States District Court for the District of Wyoming (Laramie County)

Plaintiff's Attorney: Eric J Heimann and Travis J Kirchhefer

Defendant's Attorney: Keith Nachbar and Murdoch Walker

Description: Cheyenne, WY - Psychologist and Wife Plead Guilty to Defrauding Wyoming Medicaid

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Dr. John R. Sink, Jr., who is a Ph.D. psychologist, and his wife Diane M. Sink pled guilty on September 25, 2018 before Federal District Court Judge Alan B. Johnson in federal court in Cheyenne to making false statements to Wyoming Medicaid as part of a scheme to fraudulently bill Medicaid for alleged mental health services.

According to court documents, the Sinks operated a psychological practice in Cheyenne, Wyoming. Between February 2012 and December 2016, the Sinks submitted to Wyoming Medicaid over $6.2 million in bills for alleged group therapy, which consisted of activities that did not qualify as group therapy under Medicaid rules. The Sinks knew their bills contained material false statements because the services provided by the Sinks did not qualify as group therapy, the hours billed did not accurately report the time each Medicaid beneficiary was actively participating in any activities, and the Sinks were not using up-to-date treatment plans to guide each Medicaid beneficiaries treatment as required by Wyoming Medicaid. The Sinks also submitted falsely backdated treatment plans to Wyoming Medicaid when the program audited the Sinks’ business in May 2016. The Sinks made these false statements knowing that Wyoming Medicaid would not pay for the alleged group therapy if the program knew the true nature of the services being provided by the Sinks, and to conceal their fraudulent billing scheme.

"Health care fraud is a serious crime that harms all of us through higher taxes and insurance premiums. The Sinks’ guilty pleas show that the United States government will investigate, prosecute, and punish the criminals who attempt to defraud our health care system," said U.S. Attorney Mark A. Klaassen.

"Today’s guilty pleas send a strong message to anyone considering engaging in health care fraud," said Federal Bureau of Investigation, Denver Regional Office, Special Agent in Charge Calvin Shivers. "The FBI will continue to work with the U.S. Attorney's Office in Wyoming to hold individuals who commit health care fraud, at the expense of the U.S. government and hardworking taxpayers, accountable for their actions."

The Federal Bureau of Investigation and the Wyoming Medicaid Fraud Control Unit investigated this case. Assistant U.S. Attorney Eric Heimann of the U.S. Attorney’s Office for the District of Wyoming and Special Assistant United States Attorney Travis Kirchhefer of the Wyoming Medicaid Fraud Control Unit prosecuted the case.

Suspected fraud against Medicaid or Medicare can be reported to the U.S. Department of Health and Human Services’ Office of Inspector General at 1-800-HHS-TIPS (1-800-447-8477) and the agency’s website https://oig.hhs.gov/fraud/report-fraud/. Wyoming residents can call the Wyoming Medicaid Fraud Control Unit toll free at 1-800-378-0345, or visit their website at http://ag.wyo.gov/medicaid-fraud-control-unit.


18 U.S.C. §§ 1347 and 1349 (Health Care Fraud Conspiracy)
18 U.S.C. §§ 1035 and 2 (False Statements in Relation to Health Care and Aid and Abet)
18 U.S.C. §§ 1957 and 2 (Engaging in Monetary Transactions in Criminally Derived Property and Aid and Abet)

Outcome: Guilty

PRELIMINARY FORFEITURE ORDER granting 74 Motion for Order as to John Robert Sink Jr (1), Diane Marie Sink (2) by the Honorable Nancy D Freudenthal.(Court Staff, sal) (Entered: 09/28/2018)

Plaintiff's Experts:

Defendant's Experts:


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