United States District Court, S.D. New York
MEMORANDUM OPINION & ORDER
G. Koeltl United States District Judge.
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.
Indictment makes the following allegations.
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.
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.
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.
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.
Scott was also an employee of the Clinic. She was responsible
for communicating with insurance companies to obtain
preauthorization for medical tests. Indictment ¶ 5.
Soliman was a licensed neurologist who worked part-time at
the Clinic from about 2002 until about 2004. Indictment
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 ¶
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.
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
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 ...