Thursday, October 28, 2010
(HOUSTON) A 9-count sealed indictment charging Birdie Leroy Revis, aka Leroy Revis, with conspiracy to commit health care fraud and health care fraud has been unsealed, United States Attorney Jos Angel Moreno and Texas Attorney General Greg Abbott announced today.
Revis, 59, of Houston, was charged in a 9-count indictment, unsealed today, with conspiracy to commit health care fraud and health care fraud violations arising from a scheme to defraud Medicare of more than $2.76 million. Revis was arrested this morning and made his initial appearance this afternoon before Magistrate Judge Stephen Wm. Smith. Revis has been ordered released upon posting a 5% cash deposit on a $50,000 secured bond into the registry of the court. A counsel determination hearing has been set for Thursday at 2:00 p.m.
In a three-year scheme, according to the allegations in the indictment, Revis provided Medicare beneficiaries’ information - including names, addresses and Medicare numbers - to file false claims purportedly for arthritis kits to Sefan Health Care Services Inc., a durable medical provider. Revis, in his position at Sefan as a liaison educator/marketer, allegedly obtained doctor’s prescriptions for Medicare beneficiaries, some of whom were deceased. Revis would provide the false prescription to Sefan even though the durable medical equipment was not medically necessary. Sefan would, in turn, bill Medicare for the arthritis kits. All the kits included a knee adjustment with air chamber, rigid frame back brace, elbow with joint, ankle gauntlet, flex glove with elastic finger, heat lamp with stand and a wrist brace. Revis was allegedly paid a monetary amount based on the number of claims he provided to Sefan. Between January 2007 and December 2009, more than $2.76 million worth of claims for the arthritis kits were submitted to Medicare in this case.
Convictions for conspiracy to commit health care fraud and health care fraud could result in a maximum of up to 10 years in prison, a fine of up to $250,000 or twice the pecuniary gain or loss - whichever is greater - and up to three years of supervised release. Restitution is mandatory.
The investigation into Revis is part of the Medicare Fraud Strike Force and was the result of a joint investigation by agents of the Department of Health and Human Services, Drug Enforcement Administration Diversion Division, Texas Attorney General Medicaid Fraud Control Unit, United States Railroad Retirement Board and the FBI. Assistant United States Attorney Jennifer Lowery and Special Assistant United States Attorney Justin Blan will be prosecuting the case.
An indictment is a formal accusation of criminal conduct, not evidence. A defendant is presumed innocent unless convicted through due process of law.