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Medical Identity Theft: Medical Equipment Co. Owner Sentenced to Prison


I just ran across this U.S. Department of Justice (USDOJ) press release from January 20, 2009...

"MEDICAL EQUIPMENT COMPANY OWNER SENTENCED TO EIGHT YEAR PRISON TERM

R. Alexander Acosta, United States Attorney for the Southern District of Florida, and Jonathan I. Solomon, Special Agent in Charge, Federal Bureau of Investigation, Miami Field Office, announced the January 16, 2009 sentencing of defendant Remberto Sarmiento, 47, of Miami. Sarmiento was sentenced by U.S. District Court Judge Ursula Ungaro to eight years in prison.

In November 2008, a jury found Remberto Sarmiento guilty of twenty counts of health care fraud for his role in a scheme involving two Miami-based durable medical equipment companies, APR Medical Equipment, Inc. and Super Medical Supply, Inc. In total, Sarmiento's companies submitted more than $7,000,000 in fraudulent claims to the Medicare program for reimbursement by using stolen patient information.

The evidence at trial revealed that Remberto Sarmiento purchased the two medical companies, maintained corresponding corporate bank accounts, signed checks drawn on those bank accounts, and then distributed fraud proceeds using a shell construction company. At the sentencing hearing, Judge Ungaro enhanced Sarmiento's prison sentence after finding that he obstructed the government's investigation when he lied to FBI agents by stating that he knew nothing about the two medical companies.

The case was prosecuted by Special Assistant U.S. Attorney William J. Parente Jr. and Assistant U.S. Attorney Ben Curtis.

A copy of this press release may be found on the website of the United States Attorney's Office for the Southern District of Florida at http://www.usdoj.gov/usao/fls.

Related court documents and information may be found on the website of the District Court for the Southern District of Florida at http://www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov."


It's absolutely amazing how many crooks are being found who have been stealing from unsuspecting and trusting people for so long. Why the heck weren't these swindlers stopped back when their suspicious actions first started tipping people off that they were doing bad things?

More reason to check with any company you want to do business with to make sure they have not been investigated for criminal and/or fraudulent activities. Ask what kind of information security controls and audit activities they have in place. Ask them to validate any big claims of security that they make.

Also, if you are looking for a job, be sure to check out any potential company you may be interviewing with. Even in these hard economic times you do not want to find yourself working for a crook. Keep in mind if the company is scamming customers they are probably also scamming and stealing from their own employees! And even if they are not, you do not want to be an accomplice to crime.

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Comments

This is really a tragic story. The fact that a medical equipment owner would take advantage of people like this is appalling. I am just glad that they problem has been properly taken care of.

Medical Identity Theft is the fastest growing type of the 5 Types of Identity Theft, with at least 500,000 cases per year (because of HIPAA it's difficult to get an accurate figure). This is not just an IT problem or a HIPAA problem. The FACTA Red Flags Rule, in effect now but scheduled for enforcement by the FTC on May 1, singles out the medical and healthcare industries. If you're interested in an article recently published by the FTC attornies on the application of the FACTA Red Flags Rule to healthcare, please contact me at jalvino@idprs.com. BTW, my company is looking to partner with an IT company or IT consultants to assist us in helping businesses start the compliance process and meet the multiple requirements of the law. Let me know if you're interested. Thanks.

Jim Alvino, CITRMS
Certified Identity Theft Risk Management Specialist
Member, International Association of Privacy Professionals

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Rebecca Herold's Bio:

Rebecca Herold, CISSP, CIPP, CISM, CISA, FLMI, has been providing information security, privacy and regulatory assistance and services to organizations from a wide range of industries for the past two decades. Rebecca was instrumental in building the information security and privacy program while at Principal Financial Group, which was awarded the CSI Information Security Program of the Year Award in 1998. IT Security ranked Rebecca as one of the top 59 IT security influencers, and Computerworld put Rebecca their list of the world's best privacy experts and on their list of the best privacy consulting firms in both 2007 and 2008. Rebecca has been CPO for two consulting organizations, and has had her own information privacy, security and compliance business since 2004. Rebecca has written chapters for several books, dozens of articles, and has been writing a monthly privacy column for the CSI Alert newsletter since the beginning of 2001, and is working on her 13th book. Some of her other books include The Privacy Papers, Managing an Information Security and Privacy Awareness and Training Program, The Definitive Guide to Security Inside the Perimeter (Realtime Publishers), The Shortcut Guide to Improving IT Service Support through ITIL (Realtime Publishers), and The Practical Guide to HIPAA Privacy and Security Compliance. In addition, Rebecca is the leader of The Realtime IT Compliance Community where she posts to her IT Compliance weblog. You can contact Rebecca at: rebecca_herold@realtimepublishers.net.