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Date: 10-31-2018
Case Style:
Untied States of America v. Celestine “Tony” Okwilagwe, Paul Emordim Adetutu Etti, and Loveth Isidaehomen
Case Number: 3:16-cr-00240-B
Judge: Jane J. Boyle
Court: United States District Court for the Northern District of Texas (Harris County)
Plaintiff's Attorney: Adrienne Ellen Frazior, Catherine E Wagner, Jason Michael Meyer and Russell W. Fusco
Defendant's Attorney: David Scoggins and Lurese Terrell for Celestine Okwilagwe
Taly Haffar and James Mongaras for Paul Emordi
Dimitri Dube and Kambira Morgan
Derek Staub for Loveth Isidaehomen
Description:
Dallas, TX - Two Home Health Agency Owners and Two Employees Convicted for Roles in $3.7 Million Home Health Fraud Scheme
A federal jury found two home health owners and two employees guilty today for their roles in a scheme to bill Medicare and Medicaid for over $3.7 million in charges when the owners had previously been excluded from participating in federal health care benefit programs.
Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney Erin Nealy Cox of the Northern District of Texas, Special Agent in Charge C.J. Porter of the U.S. Department of Health and Human Services Office of Inspector General’s (HHS-OIG) Dallas Region, Special Agent in Charge Eric Jackson of the FBI’s Dallas Field Office and Director of Law Enforcement David Maxwell of the Texas Attorney General’s Medicaid Fraud Control Unit (MFCU) made the announcement.
After a six-day trial, Celestine “Tony” Okwilagwe, 50, of Dallas County, Texas; Paul Emordi, 52, of Collin County, Texas; Adetutu Etti, 60, also of Dallas County; and Loveth Isidaehomen, 49, also of Dallas County, were each convicted of one count of conspiracy to commit health care fraud. In addition, Okwilagwe and Etti were each convicted of two counts of false statement in connection with a health care benefit program. Sentencing before U.S. District Judge Jane Boyle of the Northern District of Texas, who presided over the trial, has not yet been scheduled.
According to evidence presented at trial, Okwilagwe and Emordi owned and operated Elder Care, a Medicare and Medicaid provider in Garland, Texas, when both were previously excluded from participating in any federal health care benefit program. Etti, the administrator of Elder Care, concealed Okwilagwe’s ownership and Okwilagwe and Emordi’s exclusions from Medicare and Medicaid. Etti signed false documents that indicated that no one associated with Elder Care was excluded and that another individual owned Elder Care, the evidence showed. The evidence further established that Isidaehomen signed bank documents and wrote employee paychecks to conceal the involvement of her husband, Okwilagwe. The defendants also engaged in a scheme to submit false and fraudulent bills to Medicare for services that were not needed, the evidence showed.
Evidence at trial demonstrated that Elder Care billed Medicare and Medicaid for over $3.7 million for claim reimbursements to which it was not entitled because Okwilagwe and Emordi were excluded from Medicare.
This case was investigated by HHS-OIG, the FBI, and MFCU. Assistant Deputy Chief Adrienne Frazior and Trial Attorney Catherine Wagner of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Russell Fusco of the Northern District of Texas are prosecuting the case.
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:
Celestine:
18:1349(18:1347) Conspiracy to Commit Health Care Fraud
(1)
18 USC § 1349 (18 USC § 1347) Conspiracy to Commit Health Care Fraud
(1s)
18 USC § 1349 (18 USC § 1347) Conspiracy to Commit Health Care Fraud
(1ss)
18 USC § 1035 and 2 False Statements in Health Care Matters
(2s-3s)
18 USC § 1035 and 2 False Statements in Health Care Matters
(2ss-3ss)
Emordi:
18:1349(18:1347) Conspiracy to Commit Health Care Fraud
(1)
18 USC § 1349 (18 USC § 1347) Conspiracy to Commit Health Care Fraud
(1s)
18 USC § 1349 (18 USC § 1347) Conspiracy to Commit Health Care Fraud
(1ss)
Etti
18:1349(18:1347) Conspiracy to Commit Health Care Fraud
(1)
18 USC § 1349 (18 USC § 1347) Conspiracy to Commit Health Care Fraud
(1s)
18 USC § 1349 (18 USC § 1347) Conspiracy to Commit Health Care Fraud
(1ss)
18 USC § 1035 and 2 False Statements in Health Care Matters
(2s-3s)
18 USC § 1035 and 2 False Statements in Health Care Matters
(2ss-3ss)
Isidaehomen:
18 USC § 1349 (18 USC § 1347) Conspiracy to Commit Health Care Fraud
(1)
Outcome: 10/30/2018 249 MOTION Motion for Release Pending Sentencing filed by Loveth Isidaehomen (Staub, Derek) (Entered: 10/30/2018)
10/30/2018 250 ELECTRONIC Order Referring Motion as to Loveth Isidaehomen: Defendant's 249 Emergency Motion for Release Pending Sentencing is referred to Magistrate Judge Renee Harris Toliver for hearing, if necessary, and determination. (Ordered by Judge Jane J. Boyle on 10/30/2018) (chmb) (Entered: 10/30/2018)
10/30/2018 251 ELECTRONIC Minute Entry for proceedings held before Judge Jane J. Boyle: Jury Trial as to Celestine Okwilagwe, Paul Emordi, Adetutu Etti, Loveth Isidaehomen concluded on 10/30/2018. Jury returned a verdict of guilty on each count as to each defendant. Defts Emordi, Etti, and Isidaehomen remanded to custody. Deft Okwilagwe's custody continued. Jury trial completed. Attorney Appearances: AUSA - Adrienne Ellen Frazior; Catherine E Wagner; and Russell W Fusco; Defense - David Ray Scoggins; Lurese A Terrell; Taly Haffar; Dimitri Dube; and Derek Ryan Staub. (Court Reporter: Shawnie Archuleta) (No exhibits) Time in Court - 0:07. (chmb) (Entered: 10/30/2018)
10/30/2018 252 Jury Charge as to Celestine Okwilagwe, Paul Emordi, Adetutu Etti, Loveth Isidaehomen. Signed by Judge Jane J. Boyle on 10/29/2018. (chmb) (Entered: 10/30/2018)
10/30/2018 253 JURY VERDICT as to Celestine Okwilagwe (1) Guilty on Counts 1, 2, and 3 of the second superseding Indictment; Paul Emordi (2) Guilty on Count 1 of the second superseding Indictment; Adetutu Etti (3) Guilty on Counts 1, 2, and 3 of the second superseding Indictment; and Loveth Isidaehomen (4) Guilty on Count 1 of the second superseding Indictment. (chmb) (Entered: 10/30/2018)
10/30/2018 254 MOTION Presentence Release filed by Paul Emordi (Haffar, Taly) (Entered: 10/30/2018)
10/30/2018 255 MOTION Release Pending Sentencing filed by Adetutu Etti with Brief/Memorandum in Support. (Dube, Dimitri) (Entered: 10/30/2018)
Plaintiff's Experts:
Defendant's Experts:
Comments: