Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. Hameedi

United States District Court, S.D. New York

November 3, 2017

UNITED STATES OF AMERICA
v.
ASIM HAMEEDI, FAWAD HAMEEDI, MICHELLE LANDOY, DESIREE SCOTT, EMAD SOLIMAN, and ARIF HAMEEDI, Defendants.

          MEMORANDUM OPINION & ORDER

          John G. Koeltl United States District Judge.

         The defendants, Dr. Asim Hameedi (''Dr. Hameedi"), Fawad Hameedi, Arif Hameedi, Michelle Landoy, Desiree Scott, and Dr. Emad Soliman, have been charged in an Indictment containing ten counts alleging crimes arising from an alleged conspiracy to commit healthcare fraud. The defendants have filed two motions for severance pursuant to Rule 14 (a) of the Federal Rules of Criminal Procedure. Dr. Hameedi, together with Fawad Hameedi and Arif Hameedi, jointly move to sever Dr. Hameedi's trial from the trial for the remaining defendants. Separately, Dr. Soliman moves to sever his trial from the trial for the remaining defendants. The Government opposes both motions. Michelle Landoy and Desiree Scott take no position on either motion. For the following reasons, both severance motions are denied.

         I.

         The Indictment makes the following allegations.

         Dr. Hameedi is an interventional cardiologist licensed to practice medicine in New York State. Indictment 11. He owned and was the president of a medical clinic (the "Clinic") that specialized in cardiology and neurology. Indictment ¶ 2.

         Fawad Hameedi, Dr. Hameedi's nephew, graduated from medical school but was never licensed to practice medicine. He was the laboratory director and practice operations manager for the Clinic. Indictment ¶ 3.

         Arif Hameedi, Dr. Hameedi's brother, was employed at the Clinic. Arif Hameedi was responsible for submitting the Clinic's bills and claims to insurance companies. Indictment ¶ 7.

         Michelle Landoy was a medical biller at the Clinic. She was responsible for, among other things, preparing bills and submitting reimbursement claims to insurance companies. Indictment ¶ 4.

         Desiree Scott was also an employee of the Clinic. She was responsible for communicating with insurance companies to obtain preauthorization for medical tests. Indictment ¶ 5.

         Dr. Soliman was a licensed neurologist who worked part-time at the Clinic from about 2002 until about 2004. Indictment ¶ 6.

         The Indictment alleges that, between 2003 and 2015, the defendants engaged in a scheme to defraud Medicaid, Medicare, managed care companies, and private health insurance companies (collectively, the "Insurance Providers") by submitting fraudulent claims for reimbursement for medical tests and procedures. The Indictment charges that the fraudulent conduct included making false representations to the Insurance Providers about the medical condition of patients to obtain preauthorization for medical tests and procedures and submitting false claims to the Insurance Providers for tests and procedures that were not performed and/or medically unnecessary, as well as for drug items that were not used or provided. Indictment ¶ 21. The Indictment also charges that, to hide the large volume of claims, some of which were fraudulent, the defendants falsely represented that medical tests had been ordered or performed by doctors who did not work at the Clinic or had not ordered or performed the tests. These doctors included Dr. Soliman, who allegedly agreed to allow the Clinic to submit false claims to the Insurance Providers in his name. Indictment ¶¶ 22, 39. The Indictment also charges that the defendants used various unlawful means to obtain and maintain a high volume of patients for use in the fraudulent scheme, including paying kickbacks in exchange for referrals and accessing information, without authorization, from electronic health records of patients at a hospital. Indictment ¶ 24.

         Each defendant played a specific role in the alleged scheme to file false insurance claims. Dr. Hameedi, Fawad Hameedi, and Arif Hameedi allegedly oversaw the execution of this scheme. See Indictment ¶¶ 26-29. Desiree Scott allegedly placed phone calls to the Insurance Providers and represented that she was calling on behalf of doctors not named in the Indictment when in fact she transferred the phone calls to Dr. Hameedi or Fawad Hameedi. Indictment ¶¶ 34, 60(e), (h). After receiving a transferred phone call from Scott, Dr. Hameedi and Fawad Hameedi allegedly impersonated the unnamed doctors and provided false patient information in the phone calls with the Insurance Providers. Indictment ¶¶ 60(c), (d), (f), (g). Dr. Soliman allegedly allowed other defendants to impersonate him and to use his name to file reimbursement claims for tests that he did not perform or order. Indictment ¶¶ 22, 60(i). Arif Hameedi and Michelle Landoy allegedly filed false claims with the Insurance Providers listing doctors who did not work at the Clinic as the providers who ordered the tests. Indictment ¶¶ 22, 35.

         The Indictment also contains various allegations about unnamed co-conspirators. See, e.g., Indictment ¶ 52 (b). One of those co-conspirators, identified in the Indictment as "CC-1, " allegedly helped Dr. Hameedi count the number of referred patients, helped Dr. Hameedi "take care of" referral doctors, wrote checks, and handled cash in furtherance of the kickback scheme. Indictment ¶¶ 52 (a), (b), (c), (e). The Indictment also alleges that CC-1 obtained Dr. Soliman's agreement to use his name in falsified insurance claims. Indictment ¶ 60(i).

         The Indictment contains ten counts. Count One charges all defendants with conspiracy in violation of 18 U.S.C. § 1349 to commit healthcare fraud in violation of 18 U.S.C. § 1347 and wire fraud in violation of 18 U.S.C. § 1343. Count Two charges all defendants with healthcare fraud in violation of 18 U.S.C. §§ 1347 and 2. Count Three charges all defendants with wire fraud in violation of 18 U.S.C. §§ 1343 and 2. Count Four charges ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.