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Date: 04-30-2019

Case Style:

United States of America v. Juliette Anais Tamayo

Case Number: 1:18-cr-20535-CMA

Judge: Cecilia Altonaga

Court: United States District Court for the Southern District of Florida (Miami-Dade County)

Plaintiff's Attorney: Adam G. Yoffie, Gary A. Winters, Sara Clingan and Nalina Sombuntham

Defendant's Attorney: Frank Quintero, Jr.

Description:




Miami, FL - Owner of Florida Medical Clinic Sentenced to Prison

An owner of a Florida medical clinic was sentenced to serve 91 months in prison for her role in a $2.5 million health care fraud scheme.

Juliette Anais Tamayo, 54, the owner of Miami-based clinic Sunshine Medical Care Group Inc. (Sunshine), was sentenced by U.S. District Judge Cecilia Altonaga of the Southern District of Florida. Judge Altonaga also ordered Tamayo to pay $2.5 million in restitution. Tamayo pleaded guilty in February 2019 to one count of conspiracy to commit health care fraud and wire fraud. Also, Tamayo previously pleaded guilty to conspiracy to pay and receive kickbacks and to defraud the United States.

Tamayo was charged in a December 2018 superseding indictment with charges stemming from her involvement in a Part A home health care and Part B medical services fraud scheme in which she sold medically unnecessary home health care prescriptions to home health agency owners who in turn billed Medicare. According to her admissions made as part of her separate pleas to the health care fraud and kickback conspiracies, Tamayo solicited and accepted kickbacks from patient recruiters and from the owners of several Miami-area home health agencies in exchange for providing prescriptions for home health services to patients at Sunshine. The prescriptions, in turn, were used by the home health agencies to bill Medicare for home health services purportedly provided to Medicare beneficiaries. Tamayo paid a portion of the kickbacks she received from the home health agencies to physicians who worked at Sunshine to induce them to write the fraudulent prescriptions. In addition, Sunshine billed Medicare directly for medical services purportedly provided at the clinic that were not necessary and/or were not provided.

The case was investigated by the FBI, HHS-OIG, and USSS.

The Fraud Section leads the Medicare Fraud Strike Force, which is part of a joint initiative between the Department of Justice and HHS to focus their efforts to prevent and deter fraud and enforce current anti-fraud laws around the country. Since its inception in March 2007, the Medicare Fraud Strike Force, which maintains 14 strike forces operating in 23 districts, has charged nearly 4,000 defendants who have collectively billed the Medicare program for more than $14 billion.


Charges:


18:371 - CONSPIRACY TO DEFRAUD THE UNITED STATES AND TO PAY AND RECEIVE HEALTH CARE KICKBACKS
(1)
18:371.F CONSPIRACY TO DEFRAUD THE UNITED STATES
(1s)
18:1349 - CONSPIRACY TO COMMIT HEALTH CARE FRAUD AND WIRE FRAUD
(2)
18:1349.F ATTEMPT AND CONSPIRACY TO COMMIT MAIL FRAUD
(2s)
18:1347 - HEALTH CARE FRAUD
(3-4)
18:1347.F HEALTH CARE FRAUD
(3s-4s)

Outcome: 04/30/2019 106 PAPERLESS Minute Entry for proceedings held before Judge Cecilia M. Altonaga: Sentencing held on 4/30/2019 as to Juliette Anais Tamayo. Defendant sentenced to imprisonment for a term of 91 months, supervised release for 3 years, $100 special assessment, $2,500,000.00 in restitution. Defendant to surrender today (4/30/19). Total time in court: 35 minutes. Spanish Interpreter present. Attorney Appearance(s): Drew Bradylyons, Adam G. Yoffie, Frank Quintero, Jr, Court Reporter: Stephanie McCarn, 305-523-5518 / Stephanie_McCarn@flsd.uscourts.gov. (ps1) (Entered: 04/30/2019)
04/30/2019 107 PAPERLESS NOTICE OF HEARING as to Juliette Anais Tamayo: Forfeiture Hearing set for 5/7/2019 02:00 PM in Miami Division before Judge Cecilia M. Altonaga. The parties are to notify the Court's courtroom deputy if an agreement is reached; if no agreement is reached, please notify the courtroom deputy how much time will be required for this hearing. (ps1) (Entered: 04/30/2019)

Plaintiff's Experts:

Defendant's Experts:

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