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Date: 10-10-2018

Case Style:

United States of America v. Starsky D. Bomer

Case Number: 4:16-cr-00257

Judge: Vanessa D. Gilmore

Court: United States District Court for the Southern District of Texas (Harris County)

Plaintiff's Attorney: Jason Knutson, Aleza Remis, and Gerald M. Moody Jr.

Defendant's Attorney: Richard Kuniansky

Description: Houston, TX - Texas Hospital Administrator Convicted of Health Care Fraud for Role in $16 Million Medicare Fraud Scheme



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A federal jury convicted a Houston-area hospital administrator on Friday for his role in a $16 million Medicare fraud scheme.

Starsky D. Bomer, 45, of Harris County, Texas, was convicted of one count of conspiracy to pay and receive healthcare kickbacks, two counts of violating the Anti-Kickback Statute, and one count of conspiracy to commit health care fraud following a five-day trial. Sentencing has been scheduled for Jan. 28, 2019 before U.S. District Judge Vanessa D. Gilmore of the Southern District of Texas, who presided over the trial.

According to evidence presented at trial, from 2011 until February 2013, Bomer and others engaged in a scheme to defraud Medicare by submitting to Medicare, through Atrium Medical Center (Atrium) and Pristine Healthcare (Pristine), approximately $16 million in false and fraudulent claims for partial hospitalization program (PHP) services. A PHP is a form of intensive outpatient treatment for severe mental illness.

The evidence presented at trial showed that Bomer, the hospitals’ chief financial officer and chief operating officer, orchestrated a scheme by which he and others paid illegal bribes and kickbacks to group home owners and patient recruiters in exchange for sending Medicare patients to Atrium and Pristine’s PHPs. Bomer disguised bribes and kickbacks as salary payments and transportations payments to group home owners in exchange for patient referrals, the evidence showed. In addition, evidence presented at trial showed that Bomer knew that most of the patients admitted to Atrium and Pristine’s PHPs did not qualify for and were never provided legitimate partial hospital services.

Evidence at trial demonstrated that Bomer and his coconspirators billed Medicare over $16 million for psychiatric treatment purportedly provided to PHP patients at Atrium and Pristine’s PHPs.

The case was investigated by the HHS-OIG, FBI, IRS-CI, OPM-OIG, and MFCU.

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, now operating in 12 cities across the country, has charged nearly 4,000 defendants who have collectively billed the Medicare program for more than $14 billion.


Charge:


CONSPIRACY TO PAY AND RECEIVE HEALTH CARE KICKBACKS
(1)
CONSPIRACY TO PAY AND RECEIVE HEALTH CARE KICKBACKS
(1s)
ANTI-KICKBACK STATUTE
(2s-3s)
ANTIKICKBACK STATUTE
(4-5)
CONSPIRACY TO COMMIT HEALTHCARE FRAUD
(4s)

Outcome: 10/05/2018 119 ORDER. The Clerk is hereby ordered to provide the lunch meal for the jury. (Signed by Judge Vanessa D Gilmore) Parties notified. (bthomas, 4) (Entered: 10/05/2018)
10/05/2018 120 Sealed Financial Affidavit CJA 23 by Starsky D Bomer, filed. (Entered: 10/05/2018)
10/05/2018 Minute Entry for proceedings held before Judge Vanessa D Gilmore: Fourth DAY OF JURY TRIAL as to Starsky D Bomer held on 10/5/2018. Preliminary matters taken up. Exhibits admitted. The Defendants case continues. Testimony heard. The Defendant rests. Charging conference held. Arguments heard. The Defendants Renewed Motion for a Rule 29 Judgment of Acquittal is DENIED. Closing arguments heard. Jury Charge read to the Jury. Jury deliberating. The Governments Exhibit Nos. 22, 46, 77, 79, 81, 124, 130, 150, 151, 156, 157 & 163 are withdrawn. Jury Note No. 1 received. Verdict reached. Verdict published into the record. Jury Polled. Appearances: Jason Knutson, Aleza Remis, Gerald Moody, Jr., Richard Kuniansky, Richard Bramer. (Court Reporter: Mayra Malone) Deft continued on Bond, filed. (bthomas, 4) (Entered: 10/05/2018)
10/05/2018 121 COURTS EXHIBIT LIST of the United States of America, filed. (bthomas, 4) (Entered: 10/05/2018)
10/05/2018 122 COURT'S EXHIBIT LIST of Defendant Starsky Bomer, filed. (bthomas, 4) (Entered: 10/05/2018)
10/05/2018 123 COURTS INSTRUCTIONS TO THE JURY as to Starsky D Bomer. (Signed by Judge Vanessa D Gilmore) Parties notified. (bthomas, 4) (Entered: 10/05/2018)
10/05/2018 124 Certificate of Exhibits to the Jury as to Starsky D Bomer, filed. (bthomas, 4) (Entered: 10/05/2018)
10/05/2018 125 Jury Note No. 1 as to Starsky D Bomer, filed. (Attachments: # 1 unredacted)(bthomas, 4) (Entered: 10/05/2018)
10/05/2018 126 JURY VERDICT as to Starsky D Bomer (2), filed. (bthomas, 4) (Additional attachment(s) added on 10/5/2018: # 1 unredacted) (bthomas, 4). (Entered: 10/05/2018)
10/05/2018 127 ORDER as to Starsky D Bomer. The parties shall withdraw from the Clerk its evidence presented at the Jury Trial and shall maintain it for purposes of any appeal. (Signed by Judge Vanessa D Gilmore) Parties notified. (bthomas, 4) (Entered: 10/05/2018)
10/05/2018 128 ORDER for Presentence Investigation and Disclosure & Sentencing Dates as to Starsky D Bomer. PSI Completion due by 12/3/2018. Objection to PSI due by 12/21/2018. Final PSI due by 1/22/2019. Sentencing set for 1/28/2019 at 09:30 AM in Courtroom 9A before Judge Vanessa D Gilmore. (Signed by Judge Vanessa D Gilmore) Parties notified. (bthomas, 4) (Entered: 10/05/2018)

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