Source: United States Attorneys General

Source: United States Attorneys General

New York ophthalmology practices Mark D. Fromer, P.C. doing business as Fromer Eye Centers and Floral Park Ophthalmology P.C. have agreed to pay a total of $2.3 million to resolve alleged violations of the False Claims Act arising from their billing for trans-cranial doppler ultrasounds (TCDs) through a kickback arrangement with a third-party testing company. The Estate of Mark Fromer, the former owner of Fromer Eye Centers, also joined in the settlement with the practice. Both practices have agreed to cooperate with the Justice Department’s ongoing investigations of other participants in the alleged scheme.

“The integrity of healthcare decision-making depends on sound medical advice that is free from undue influence of illegal kickbacks and other improper arrangements,” said Assistant Attorney General Brett A. Shumate of the Justice Department’s Civil Division. “The Department will continue to hold accountable healthcare providers who engage in such schemes.”

“Medical service providers who place profit above patients not only compromise the integrity of our health care system, but patients’ care,” stated U.S. Attorney Gregory W. Kehoe for the Middle District of Florida. “Our office will continue working with our partners to combat fraud against our federal health care programs.”

“Kickback arrangements work to corrupt impartial medical decision-making and drive up health care costs for everyone,” said Special Agent in Charge Isaac M. Bledsoe of the Department of Health and Human Services Office of Inspector General (HHS-OIG). “HHS-OIG will continue to work closely with our law enforcement partners to investigate and hold accountable those who attempt to defraud federal health care programs.”

The settlements announced today resolve allegations that the settling practices knowingly submitted, and caused the submission of, false claims to Medicare (and, with respect to Fromer Eye, Medicaid) for medically unnecessary TCDs. The United States alleges that the settling practices performed TCDs on thousands of patients and billed Medicare and Medicaid hundreds of dollars per test. Before the patients received the results of the test, the practices and the third-party testing company allegedly identified the patients as having received a serious diagnosis that could qualify the patient for reimbursement of a TCD. However, the United States alleged that nearly all patients who received TCDs never had that diagnosis, and it was not reflected in the patient’s medical history or in the TCD results. In addition, Floral Park Ophthalmology allegedly received remuneration paid by the third-party testing company to induce the practice to refer its Medicare and Medicaid patients to the testing provider for TCDs.

The United States alleged that as a result of this scheme, the settling practices submitted, or caused the submission of, false claims to Medicare and Medicaid for TCDs that were medically unnecessary, that were premised on false diagnoses, and that resulted from violations of the Anti-Kickback Statute and the Stark Law.

As a result of the settlements, Fromer Eye Centers and the Estate of Mark Fromer will pay $1,800,000 and Floral Park Ophthalmology will pay $500,000. Of the total settlement amounts, $384,000 will be paid to the State of New York for its share of Medicaid, which is a jointly funded federal and state program.

The civil settlements resolved claims in a lawsuit filed under the qui tam or whistleblower provision of the False Claims Act, which permits private parties to file suit on behalf of the United States for false claims and share in a portion of the Government’s recovery. The qui tam was filed by a whistleblower who will receive approximately $132,000 in connection with the settlement with Fromer Eye Centers. 

The settlements were the result of a coordinated effort between the Civil Division’s Commercial Litigation Branch, Fraud Section, and the U.S. Attorney’s Office for the Middle District of Florida, with assistance from HHS-OIG and the FBI. The United States previously resolved similar allegations against Brandon Eye Associates P.A., Pinellas Eye Care, P.A. (doing business as Gulfcoast Eye Care), Clay Eye Holdings LLC, Retina Macula Specialist of Miami LLC, Florida Eye Institute P.A., Miami Eye LLC, and Kendall Eye Institute Inc.

The government’s pursuit of this matter illustrates the government’s emphasis on combating healthcare fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse, and mismanagement can be reported to HHS at 1-800-HHS-TIPS (800-447-8477).

This year the Administration launched the Task Force to Eliminate Fraud and the National Fraud Enforcement Division to enhance the Administration’s war on fraud, waste, and abuse in federal programs. When unscrupulous actors exploit these programs for their own financial gain, they defraud the government, harm the people these programs are designed to aid and protect, and undermine American businesses that play by the rules. The Civil Division’s FCA enforcement plays a critical role in combatting such fraudulent schemes, recovering billions of dollars for the American taxpayers, and holding wrongdoers accountable. FCA matters will continue to be on the forefront of the battle against fraud, and the Civil Division’s FCA work will support and advance the mission of the Task Force to Eliminate Fraud and the National Fraud Enforcement Division. Trial Attorney Nelson Wagner in the Civil Division’s Commercial Litigation Branch, Fraud Section, and Assistant U.S. Attorney Mamie Wise for the Middle District of Florida handled the matter.

The claims resolved by the settlements are allegations only and there has been no determination of liability.

Source: United States Attorneys General

A Mexican national pleaded guilty today to conspiracy to distribute cocaine and methamphetamine for unlawful importation into the United States, and using, carrying, and possessing a firearm in furtherance of the drug trafficking conspiracy. 

According to court documents, Antonio Oseguera Cervantes, 67, of Michoacán, Mexico, trafficked cocaine and methamphetamine into the United States for Mexico-based cartels for over two decades. From around 2002 to 2010, Oseguera Cervantes operated as a member of the Milenio Cartel in Jalisco, Mexico, overseeing narcotics sales, protecting territories from rival cartels, and supervising and maintaining the operations of methamphetamine laboratories. He procured precursor chemicals for the manufacture of methamphetamine and distributed methamphetamine and cocaine destined for the United States.  

The court filings state that since around 2010, Oseguera Cervantes worked with and reported directly to his notorious and now-deceased brother, Nemesio Oseguera Cervantes, also known as “Mencho,” who co-founded and led the Cartel de Jalisco Nueva Generación (CJNG). The CJNG is one of the most prolific and dangerous drug cartels in Mexico, based in the State of Jalisco, which traffics multi-tonnage quantities of cocaine and methamphetamine into the United States. Oseguera Cervantes furthered CJNG’s drug trafficking operations, including by supplying precursor chemicals to CJNG methamphetamine laboratories and distributing cocaine and methamphetamine for the CJNG. He also collected drug proceeds and managed CJNG’s money laundering activities, such as transferring drug proceeds from the United States to Mexico through currency exchange locations. When collecting drug proceeds or attending meetings to discuss drug trafficking, Oseguera Cervantes armed himself with a pistol. 

Oseguera Cervantes pleaded guilty to conspiracy to distribute five kilograms or more of cocaine and 500 grams or more of methamphetamine destined to the United States, as well as using, carrying, and possessing a firearm in furtherance of the drug trafficking conspiracy. He is scheduled to be sentenced on Nov. 13 and faces a mandatory minimum penalty of 15 years in prison and a maximum penalty of two consecutive life sentences in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Assistant Attorney General A. Tysen Duva of the Justice Department’s Criminal Division and Administrator Terrance C. Cole of the Drug Enforcement Administration (DEA) made the announcement.

The DEA’s Special Operations Division Bilateral Investigations Unit Los Angeles is investigating the case. The Justice Department’s Office of International Affairs provided valuable assistance to Oseguera Cervantes’ February 2025 transfer from Mexico to the United States pursuant to Mexico’s National Security law. The Department of Justice thanks the Government of Mexico for its assistance in securing Oseguera Cervantes’ presence in the United States for prosecution.

Chief Kaitlin Sahni of the Narcotic and Dangerous Drug Unit (NDDU) and Trial Attorneys Lernik Begian, Douglas Meisel, and Nicole Lockhart, of the Criminal Division’s Money Laundering, Narcotics and Forfeiture Section are prosecuting the case.

The Money Laundering, Narcotics and Forfeiture Section’s (MNF) mission is to take the profit out of crime, eliminate drug cartels, and protect the U.S. financial system. MNF pursues criminal prosecutions and criminal and civil asset recovery actions involving: financial facilitators who launder profits for criminals; financial institutions and their officers and employees whose actions threaten the U.S. financial system and financial institutions; international money launderers who support transnational organized crime; and the top command and control of international drug trafficking organizations.

MNF’s Narcotic and Dangerous Drug Unit investigates and prosecutes the top command and control elements of international drug cartels, drug trafficking organizations and related transnational criminal organizations.

This case is part of the Homeland Security Task Force (HSTF) initiative established by Executive Order 14159, Protecting the American People Against Invasion. The HSTF is a whole-of-government partnership dedicated to eliminating criminal cartels, foreign gangs, transnational criminal organizations, and human smuggling and trafficking rings operating in the United States and abroad. Through historic interagency collaboration, the HSTF directs the full might of U.S. law enforcement towards identifying, investigating, and prosecuting the full spectrum of crimes committed by these organizations, which have long fueled violence and instability within our borders. In performing this work, the HSTF places special emphasis on investigating and prosecuting those engaged in child trafficking or other crimes involving children. The HSTF further utilizes all available tools to prosecute and remove the most violent criminal aliens from the United States.