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Description: Los Angeles, California criminal law lawyer represented Defendant charged with conspiring to defraud health insurance companies by causing millions of dollars in fraudulent claims to be submitted to provide patients with “free” cosmetic procedures, including Botox injections, and for cheating on her taxes.
Roshanak Khadem, 55, a.k.a. “Roxanne Khadem,” a.k.a. “Roxy Khadem,” of Sherman Oaks, was sentenced by United States District Judge Stephen V. Wilson, who also ordered her to pay $1,250,601 in restitution and a $30,000 fine.
Khadem pleaded guilty on February 8 to one count of conspiracy to commit health care fraud and one count of subscribing to a false income tax return.
Khadem owned and operated facilities that provided aesthetic services to clients, including R&R Med Spa in Valley Village and Nu-Me Aesthetic and Anti-Aging Center in Woodland Hills.
From January 2012 to April 2016, Khadem caused patients to visit her clinics to receive cosmetic procedures, including Botox injections, facials and laser hair removal. Khadem knew these procedures were not covered by the patients’ health insurers. Khadem also knew that her employees informed some patients that, if they turned over their health insurance information to the Khadem-owned clinics, the patients could receive free or discounted cosmetic procedures pursuant to a “credit” they would earn.
Health insurance information from these patients was provided to the insurance biller for the clinics, knowing and intending that the information would be used to submit false and fraudulent claims to the health insurers for medical procedures that Khadem knew were either not actually provided to the patients or were not medically necessary.
Then, based on the amount that the health insurers paid on those false and fraudulent claims, Khadem and others would calculate an amount, which the co-conspirators referred to as a "credit," that the patients could use to receive free or discounted cosmetic procedures from the clinics. Those patients would then come into the clinics to receive the free or discounted cosmetic procedures.
The proceeds from the health care fraud conspiracy were deposited into bank accounts that were held in the names of doctors who were affiliated with the clinics and who signed off on and caused to be submitted the false and fraudulent claims under their names.
Khadem took possession of the proceeds from the doctors’ accounts in two ways. First, because Khadem had signatory authority on the bank accounts, she was able to obtain the funds by writing checks on the accounts. Second, she would withdraw funds from the bank accounts using pre-signed checks that she obtained from the doctors.
From January 2012 to April 2016, Khadem and her co-conspirators submitted claims, which included false and fraudulent claims for which those companies paid out at least $1,250,601.
The scheme involving the two clinics defrauded the International Longshore and Warehouse Union, Pacific Maritime Association Benefit Plan, which is the health benefit plan that covers longshore workers in Southern California and their dependents. Another victim was the Federal Employees Health Benefits Program, which provides health insurance for federal employees.
Khadem failed to report this income on her income tax returns for 2013, 2014 and 2015. Khadem’s underreporting of her income for these three years caused a total tax loss of $453,451.
The remaining four defendants in this case each have pleaded guilty. Lucine Ilangezyan, 42, of North Hills, pleaded guilty to one count of conspiracy to commit health fraud, and is serving an 18-month prison sentence. Gary Jizmejian, 48, of Santa Clarita, a former senior investigator at the Anthem Special Investigations Unit, the anti-fraud unit within Anthem that is responsible for investigating health care fraud committed against the insurance company, pleaded guilty to using his cell phone to send text messages to co-defendants as part of this commercial bribery scheme. He also is serving an 18-month prison sentence.
Dr. Roberto Mariano, 64, of Rancho Cucamonga, a physician who helped operate the clinics, and Marina Sarkisyan, 53, of Panorama City, who was the office manager at the clinics, are scheduled to be sentenced on November 7.
IRS Criminal Investigation, the United States Secret Service, and the United States Department of Labor – Employee Benefits Security Administration investigated this matter.
Assistant United States Attorneys Valerie L. Makarewicz of the Major Frauds Section and Morgan J. Cohen of the General Crimes Section prosecuted this case.
18:1349 - CONSPIRACY TO COMMIT HEALTH CARE FRAUD
26:7206(1) - SUBSCRIBING TO A FALSE INCOME TAX RETURN
Outcome: Defendant is hereby committed to the custody of the Bureau of Prisons to be imprisoned for a term of SEVENTY-TWO (72) MONTHS. This term consists of 72 months on Count 1 of the First Superseding Indictment and 36 months on Count 17, all to be served concurrently. Upon release from imprisonment, the defendant shall be placed on supervised release for a term of three years. This term consists of three years on Count 1 and one year on Count 17 of the First Superseding Indictment, all such terms to run concurrently under the terms and conditions of the United States Probation and Pretrial Services Office and Second Amended General Order 20-04. Restitution in the total amount of $1,250,601.64. Total fine of $30,000. The Court has entered a money judgment of forfeiture against the defendant, in the amount of $1,130,618.57, to be applied against the restitution. Special assessment of $200.