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Criminal Complaint — United States v. Markovich et al. (Southern District of Florida, September 27, 2020)

Summary

A sealed criminal complaint and supporting affidavit, Document 1 in Case 0:21-cr-60020-WPD, entered on the Southern District of Florida docket 09/27/2020 and running 62 pages. The AO 91 form names ten defendants, including Jonathan Markovich, Richard Waserstein, Daniel Markovich and Christopher Garnto, and lists conspiracy to commit health care and wire fraud, conspiracy to pay or receive kickbacks under the Eliminating Kickbacks in Recovery Act, money laundering conspiracy, false statements to a financial institution and bank fraud. FBI Special Agent Alberto Bhoge swore the affidavit before Magistrate Judge Patrick M. Hunt on September 25, 2020, describing a joint investigation of Compass Detox and WAR Network, LLC. A table assigns each defendant the charges and a role, such as owner, medical director or recruiter.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Cite this document

“Criminal Complaint — United States v. Markovich et al. (Southern District of Florida, September 27, 2020).” Original at archive.org. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/1-criminal-complaint-d203abec48/, SHA-256 6f76c787e0465c16612a1d753d430c00471f2de08dce3ec214fc60a12895167d.

Full text

Case 0:21-cr-60020-WPD Document 1 Entered on FLSD Docket 09/27/2020 Page 1 of 62

SEALED                                                                                                                             SEALED
 AO 91 (Rev. 11111) Criminnl Comrtaint


                                       UNITED STATES DISTRICT COURT
                                                                         for the
                                                          Southern District of Florida

                    United States of America                                }
                                 V.                                         )
  JONATHAN MARKOVICH; RICHARD WASERSTEIN; DANIEL
   MARKOVICH; CHRISTOPHER GARNTO; JOSE SANTEIRO;
                                                                            )
                                                                            )
                                                                                    Case   No.20-6469-MJ-HUNT
  ANDREW LIEBERMAN; JEFFREY DRAESEL, JR.; ELAN (alk/a                       )
    !LAN) BAKHSHI; MARIO KUSTURA; FRANCISCO BOSCH
                                                                            )
                                                                            )
                            Di'fendant(s)


                                                      CRIMINAL COMPLAINT
           J, the complainant in this case, state that the following is true to the best ofmy knowledge and belief.
 On or about the date(s) of ___ April 1, 2017 to present                            in the county of ..----                 Browar.~- --- ••·•-             in the
      Southern           District of        - --'-F-'-'lo:..;.n..:.
                                                               ·d..c.a_ _ _ , the defendant(s) violated:

              Code Section                                                              Offense Description
 18 U.S.C. § 1349                                    Conspiracy to commit health care and wire rraud
 18 U.S.C. § 371                                     Conspiracy to pay/receive kickbacks in violation of the Eliminating Kickbacks              In Recovery
                                                     Act, 18 U.S.C. § 220(a)
  18 U.S.C. § 1956(h)                                Conspiracy to commit money laundering
  18 u.s.c. § 1957(a)                                Money laundering
  18 U.S.C. § 1014                                   False statements to a financial institution
  18 U .s.c. § 1344(2)                               Bank fraud




           This criminal complaint is based on these facts:
  See attached Affidavit




            fi Continued on the attached sheet.

                                                                                           ~                  Complairwnl 's signature
                                                                                                                                                   ..- . . - - -


                                                                                               -    - -~~erto Bhoge, FBI S.A_.________ __
                                                                                                                Primed name and 1/t(e

  Sworn to before me and signed in my presence.


  Date:             09/25/2020
                                                                                                    ·~ · · ·µ -____ _
                                                                                                                   Judge 's signc,wre

  City and state:                     Fort Lauderdale, Florida                               Hon. Patrick M. Hunt, U.S. Magistrate Judge
                                                                                              ---- -•-•----M••••••---- -•--•-•-•-•-•-••• --•-•"-•-- - •••••-••••- - Y•-
                                                                                                                 l'ri11ted 1w111e ,wd title
Case 0:21-cr-60020-WPD Document 1 Entered on FLSD Docket 09/27/2020 Page 2 of 62




                     AFFIDAVIT IN SUPPORT OF CRIMINAL COMPLAINT

           I, Special Agent Alberto Bhoge, being duly sworn, do hereby and depose and state:

                      I.      INTRODUCTION AND AGENT'S BACKGROUND

           I.      I am a Special Agent with the Federal Bureau of Investigation ("FBI"), and have

    been employed in this capacity since September 2018. I am assigned to the South Florida Health

    Care Fraud Strike Force, which consists of agents from the FBI and Health and Human Services,

    Office of the Inspector General ("HHS OIG"), along with attorneys from the Department of Justice

    and the United States Attorney's Office. T he Health Care Fraud Strike Force is responsible for

    investigating health care related crimes.

           2.      I am personally involved in conducting a joint investigation with other federal,

    state, and local law enforcement agencies into alleged criminal activities perpetrated by, among

    others, the following ten (I 0) individuals: (a) JONATHAN MARKOVICH ("J. MARKOVICH"),

    a co-owner of two entities that purport to provide treatment and therapy for substance abuse,

    Second Chance Detox, LLC (d/b/a Compass Detox) ("Compass Detox") and WAR Network, LLC

    ("WAR"), and the former CEO of Compass Detox; (b) RICHARD WASERSTEIN

    ("WASERSTEIN" ), a co-owner of Compass Detox and WAR; (c) DANIEL MARKOVIC H ("D.

    MARKOVICH"), the current CEO of Compass Detox and its former Compliance Officer; (d)

    CHRISTOPHER GARNTO ("GARNTO"), the Director of Operations ("000") of Compass

    Detox; (e) DR. JOSE SANTEIRO ("DR. SANTEIRO"), the Medical Director of Compass Detox

    and WAR; (f) DR. DREW LIEBERMAN ("DR. LIEBERMAN"), the Chief Med ical Officer

    ("CMO") of Compass Detox; (g) DR. JEFFREY DRAESEL, JR. ("DR. DRAESEL"), a licensed

    chiropractor and the owner of Inner Strength Chiropractic & Rehab LLC ("Inner Strength

    Chiropractic"); (h) ELAN BAKH SHI (a/k/a !Ian Bakhshi) ("BAKHSHI"), a former employee of
Case 0:21-cr-60020-WPD Document 1 Entered on FLSD Docket 09/27/2020 Page 3 of 62




    Compass Detox and WAR; (i) MARIO KUSTURA ("KUSTURA"), a fo rmer employee of

    Compass Detox; and U) F RANCISCO BOSCH ("BOSCH"), a former employee and contractor of

    Compass Detox. The information is based upon a review of public and private records, interviews,

    and other investigative activities conducted by law enforcement personnel assigned to this case.

           3.      I submit this Affidavit in support of a criminal complaint alleging the fo llow ing

    crimes against the fo llowing individuals:

   Defendant           Role                                        Crime(s) Cha r2ed
       J.              Owner            •    18 U.S.C. § 1349 (Conspiracy to Commit Health Care and
  MARKOVICH                                   Wire Fraud);
                                        •    18 U.S.C. § 37 1 (Conspiracy to Pay/Receive Kickbacks
                                             in Violation of the Eliminating Kickbacks in Recovery Act
                                             ("EKRA"), 18 § U.S.C. 220(a));
                                        •    18 U.S.C. § l 956(h) (Conspiracy to Commit
                                             Money Laundering);
                                        •    I 8 U.S.C. § 10 14 (False Statements to a Financial Institution); and
                                        •    18 U.S.C. & 1344(2) (Bank Fra ud) .
  WASERSTEJN           Owner             •   18 U.S.C. § 3 71 (Conspiracy to Pay/Receive K ickbacks in
                                             Violation ofEKRA);
                                         •    I 8 U.S.C. § I 956(h) (Conspiracy to Commit
                                             Money Laundering); and
                                         •   18 U.S.C. § 1957(a) (Money Laundering) .
      D.                CEO              •   18 U.S.C. § 1349 (Conspiracy to Commit Health Care and
  MARKOVICH                                  Wire Fraud); a nd
                                             18 U.S.C. § 371 (Conspiracy to Pay/Receive Kickbacks in
                                             Violation ofEKRA).
    GARNTO           Director of         •   18 U.S.C. § 1349 (Conspiracy to Commit Health Care and
                     Operations              Wire Fraud);
                                             18 U.S.C. § 371 (Conspiracy to Pay/Receive Kickbacks in
                                             Violation of EKRA); and
                                         •   18 U.S .C. § l 956(h) (Conspiracy to Commit
                                             Money Laundering).
 DR. SANTEIRO         Medical            •   18 U.S .C. § 1349 (Conspiracy to Commit Health Care and
                      Director               Wire Fraud).
      DR.           Chief Medical        •   18 U.S .C. § 1349 (Conspiracy to Commit Health Care and
  LIEBERMAN            Officer               Wire Fraud).
      DR.           Chiropractor         •   18 U.S.C. § 1349 (Conspiracy to Commit Health Care and
   DRAESEL                                   Wire Fraud).
   BAKHSHI            Recruiter          •   18 U.S.C. § 371 (Conspiracy to Pay/ Receive Kickbacks
                                                  in Violation of EKRA).

                                                      2
Case 0:21-cr-60020-WPD Document 1 Entered on FLSD Docket 09/27/2020 Page 4 of 62




   Defendant           Role                                     Crime(s) Chareed
   KUSTURA            Recruiter         •   18 U.S .C. § 371 (Conspiracy to Pay/Receive Kickbacks
                                               in Violation of EKRA).
    BOSCH             Recruiter         •   18 U.S.C. § 371 (Conspiracy to Pay/Receive Kickbacks
                                               in Violation of EKRA).

           4.      Because this Affidavit is provided for the limited purpose of establishing probable

    cause for arrest, I have not included all information known to me regarding this investigation, but

    rather have set forth only those facts necessary to establish probable cause to believe that the

    charged individuals have committed the charged offenses.

                                  II.    THE CHARGED OFFENSES

                                       18 u.s.c. § 1349
                    (Conspiracy to Commit Health Care Fraud and Wire Fraud)

           5.      Federal law makes it a crime for anyone to knowingly and willfully execute or

    attempt to execute a scheme or artifice: (I) to defraud any health care benefit program or (2) to

    obtain by means of false or fraudulent pretenses, representations, or promises, any of the money

    or property owned by or under the custody or control of a health care benefit program, in

    connection with the delivery of or payment for health care benefits, items, or services. 18 U.S.C.

    § 134 7(a). Conspiracies and attempts to commit health care fraud a lso are violations of federal

    law. 18 U.S.C. § 1349.

           6.      A " health care benefit program" is defined as "any public or private plan or

    contract, affecting commerce, under which any medical benefit, item, or service is provided to any

    individual, and includes any individual or entity who is providing a medical benefit, item, or

    service for which payment may be made under the plan or contract." 18 U.S.C. § 24(b). In this

    case, Compass Detox, WAR, Inner Strength Chiropractic, and outside laboratories billed private

    insurance plans which fal l within the definition of "health care benefit programs."




                                                     3
Case 0:21-cr-60020-WPD Document 1 Entered on FLSD Docket 09/27/2020 Page 5 of 62




           7.      Federal law makes it a crime for anyone who, having devised or intended to devise

    any scheme or artifice to defraud, to transmit or cause to be transmitted "by means of wire, radio,

    or television communication in interstate or foreign commerce, any writings, signs, signals,

    pictures or sounds for the purpose of executing such scheme or artifice." 18 U.S.C. § 1343.

    Conspiracies and attempts to comm it wire fraud also violate federal law. 18 U.S.C. § I 349.

                                               18 u.s.c. § 371
                             (Conspiracy to Pay/Receive EKRA K ickbacks)

            8.     The federal Eliminating Kickbacks in Recovery Act ("EKRA"), enacted on or

    about October 24, 20 18, makes it a crime for anyone to knowingly and wil lfu lly, (1) solicit or

    receive any remuneration (including any kickback, bribe, or rebate) directly or indirectly, overtly

    or covertly, in cash or in kind, in return for referring a patient or patronage to a recovery home,

    clinical treatment faci lity, or laboratory; and (2) pay or offer any remuneration (including any

    kickback, bribe, or rebate) directly or indirectly, overtly or covertly, in cash or in kind (A) to induce

    a referral of an individual to a recovery home, clinical treatment facility, or laboratory; or (B) in

    exchange for an individual using the services of that recovery home, clinical treatment facility, or

    laboratory, with respect to services covered by a health care benefit program, in and affecting

    interstate and foreign commerce. 18 U.S .C. § 220(a). Conspiracies and attempts to pay and

    receive kickbacks prohibited by EKRA are also violations of federal law. 18 U.S.C. § 371.

                                              18 U.S.C. § 1956(h)
                               (Conspiracy to Commit Money Laundering)

            9.      Federal law makes it a crime for anyone to conceal or disguise the nature, the

    location, the source, the ownership, or the control of the proceeds of specified unlawful activity,

    knowing that the transaction is designed in whole or in part to do so. 18 U.S.C. § l 956(a)(l)(B)(i).




                                                       4
Case 0:21-cr-60020-WPD Document 1 Entered on FLSD Docket 09/27/2020 Page 6 of 62




           l 0.      Federal law also makes it a crime for anyone to knowingly engage or attempt to

    engage in a monetary transaction in criminally derived property of a value greater than$ I 0,000.

    18 U.S.C. § I 957(a).

            11.      A specified unlawful activity includes any act or activity constituting an offense

    involving a Federal health care offense. 18 U.S.C. § 1956(c)(7)(F).

           12.       A specified unlawful activity a lso includes wire fraud. 18 U.S.C. §§ I 956(c)(7)(A),

    1961(1).

            I 3.     Conspiracies to launder money in vio lation of 18 U.S.C. § 1956(a)(l )(B)(i) or 18

    U.S.C. § I 957(a) are also violations of federal law. 18 U.S.C. § 1956(h).

                                            18 u.s.c. § 1014
                               (False Statements to a F in ancial Institution)

            14.      Federal law makes it a crime for anyone to, among other things, knowingly make

    any false statement or report for the purpose of influencing in any way the action of any institution

    the accounts of which are insured by the Federal Deposit Insurance Corporation (" FDIC"). 18

    u.s.c. § 1014.
                                             18 u.s.c. § 1344(2)
                                                (Bank Fraud)

            15.      Federal law makes it a crime for anyone to, among other things, knowingly execute,

    or attempt to execute, a scheme or artifice to obtai n any of the moneys, funds, credits, assets,

    securities, or other property owned by, or under the custody or control of, a financial institution,

    by means of fa lse or fraudu lent pretenses, representations, or promises. 18 U.S.C. § 1344(2).




                                                       5
Case 0:21-cr-60020-WPD Document 1 Entered on FLSD Docket 09/27/2020 Page 7 of 62




                        Ill.   THE DEFENDANTS AND RELEVANT ENTITIES

                        A. THE SUBSTANCE ABUSE TREATMENT PROGRAMS

                                             Compass Detox

           16.     According to materials obtained from the Florida Department of Ch ildren and

    Families ("DCF"), which regulates substance abuse treatment providers in Florida, Compass

    Detox is licensed with DCF to provide substance abuse treatment and services. Specifically, DCF

    first licensed Compass Detox to provide residential level 1 services and detox services on or about

    March 24, 20 I 7.

            17.    According to the Florida Department of Health, Compass Detox also maintains a

    Modified Institutional Class II Type B pharmacy license, number PH30742, which was issued on

    or about April 25, 2017, and expires in 2021. The license status is listed as "clear."

            18.    Documents obtained from DCF reflect the fo llowing organizational chart for

    Compass Detox, effective as of in or around January 2020. As the chart shows, DR. SANTEIRO

    was the Medical Director with a reporting line to DR. LIEBERMAN, as Chief Medical Officer;

    DR. LIEBERMAN, in tum, reported to D. MARKOVICH, as C EO; D. MARKOVICH in turn

    reported to the owners (J. MARKOVICH and W ASERSTEIN). (Other names are redacted.)




                                                     6
Case 0:21-cr-60020-WPD Document 1 Entered on FLSD Docket 09/27/2020 Page 8 of 62




                                        Organizational Chart


                                      ---                    1




                                                  WAR

           19.     According to materials obtai ned from DCF, WAR was initially licensed on or about

    February 7, 20 19 to provide day and night treatment with community housing, intensive outpatient,

    and outpatient services. As of on or about February 7, 2020, WAR remained licensed to provide

    all three services under licenses set to expire in or around February 2021. Its publicly available

    website, wartreatment.com, also identifies "Oasis" as housing associated with WAR. 1 Property



    1
      Under Florida regulations, programs licensed to provide Day and Night Treatment with community
    housing, as WAR is, are required to provide or manage community housing for their patients. See Fla.
    Admin. Code R. 650-30.0081.


                                                     7
Case 0:21-cr-60020-WPD Document 1 Entered on FLSD Docket 09/27/2020 Page 9 of 62




    records and law enforcement surveillance confirm that Oasis is located at 116 SE 5th Avenue,

    Hallandale Beach, Florida 33009.

                                        B. THE DEFENDANTS

                  Owners, Operators, and Employees of Compass Detox and WAR

           20.    WASERSTEIN and J. MARKOVICH, both residents of Miami-Dade County,

    organized Compass Detox and WAR, according to documents filed with the Florida Secretary of

    State, and, through various LLCs, co-own both Compass Detox and WAR. W ASERSTEIN and

    J. MARKOV ICH are brothers-in-law.

           21.    D. MARKOVICH, a resident of Miami-Dade County, became CEO of Compass

    Detox beginning in or around October 2019 (replacing J. MARKOVICH as CEO), and was

    formerly its Compliance Officer. D. MARKOVICH and J. MARKOVICH are brothers.

           22.    GARNTO, a resident of Miami-Dade County, has been employed in an "Admin"

    role at Compass Detox since on or about March 28, 2017, although banking records reflect

    payments from Compass Detox to GARNTO as early as fall 2016 for marketing. As of at least

    January 2020, GARNTO was Compass Detox' s DOO, according to materials from DCF.

           23.    BAKHSHI, a former resident of Miami-Dade County, was employed by Compass

    Detox as a "Phone Tech" from on or about November 12, 2018 to on or about March 11, 2019,

    and at WAR as a behavioral health technician ("BHT") from on or about March 18, 2019 to on or

    about Apri l 7, 2019. However, private social media (Facebook) chat messages reflect BAKHSHI

    recruiting patients to Compass Detox as early as in or around May 2017.

           24.    KUSTURA, a resident of Broward County, was employed by Compass Detox as

    an "Admission Coordinator" beginning on or about December 31, 2019 to a date unknown.




                                                   8
Case 0:21-cr-60020-WPD Document 1 Entered on FLSD Docket 09/27/2020 Page 10 of 62




     However, private Facebook chat messages reflect KUSTURA recruiting patients to Compass

     Detox as early as in or around April 2019.

            25.     BOSCH was employed by Compass Detox from on or about February 3, 2018 to

     on or about May 31, 2018 and later worked for Compass Detox as a "contractor" for from in or

     around June 2018 to in or around July 2018.

                                                  The Doctors

            26.     Compass Detox's public website currently lists DR. SANTEIRO as the Medical

     Director and LIEBERMAN as CMO. DCF materials also identify DR. SANTEIRO as the Medical

     Director of WAR.

            27.     According to the Florida Department of Health, DR. SANTEIRO, a resident of

     Miami-Dade County, is a Medical Doctor, License Number ME695 16, which was issued on

     October 27, 1995. The license is clear and active and expires on January 31, 2022.

            28.     DR. SANTEIRO was assigned U.S. Drug Enforcement Agency ("DEA")

     Registration Number BS4680220 on or about November 15, 1995. Th is DEA registration number

     was most recently renewed on or about January 30, 2020.

            29.     On or about October 21, 2016, DR. SANTElRO obtained his Practitioner-OW/30,

     a designation by the DEA that allowed SANTEIRO to treat up to 30 opioid-addicted patients using

     schedules 111 -V FDA-approved narcotics, such as buprenorphine, without having to obtain a

     separate DEA registration as a narcotic treatment program. On or about November 8, 2017, DR.

     SANTEIRO obtained his Practitioner-OW/I 00, allowing him to treat up to I 00 opioid-addicted

     patients. On or about December 18, 2018, DR. SANTEIRO obtained his Practitioner-OW/275

     registration, allowing him to treat up to 275 opioid-addicted patients; it expires February 28, 2023.




                                                       9
Case 0:21-cr-60020-WPD Document 1 Entered on FLSD Docket 09/27/2020 Page 11 of 62




            30.    According to the Florida Department of Health, DR. LIEBERMAN, a resident of

     Miami-Dade County, is a Medical Doctor, License Number ME58681, which was issued October

     23, 1990. The license is clear and active and expires on January 31, 2022.

            31.     Likewise, DR. LIEBERMAN was assigned DEA Registration Number BL9920679

     on or about August 9, 2006. This DEA registration number was most recently renewed on or about

     February 2, 2018 and expires March 31, 2021.

            32.     On or about August 15, 2017, DR. LIEBERMAN obtained his Practitioner-OW /30,

     allowing him to treat up to 30 opioid-addicted patients. On or about December 4, 2018, SAMHSA

     approved DR. LIEBERMAN to treat up to 100 opioid-addicted patients.

            33.     Both DRS. SANTEIRO and LIEBERMAN prescribed many opioid-addicted

     patients buprenorphine 2 in the form of Suboxone, Subutex, and Zubsolv. From in or around 2017

     to in or around 2020, DR. SANTEIRO prescribed at least 62, I 00 pills of buprenorphine and DR.

     LIEBERMAN prescribed at least I9,740 pills of buprenorphine.

                                             The C hiropractor

            34.     According to the Florida Department of Health, DR. DRAESEL, a resident of

     Miami-Dade County, is a chiropractic physician, license number CH9758, issued on or about

     August 7, 2009. DR. DRAESEL's license is clear and active and expires in or around March 2022.




     2 Buprenorphine is a Drug Enforcement Administration ("DEA") Schedule III opioid that is itself

     addictive and has a strong potential for abuse. lt is the only medication approved for the treatment
     of opioid abuse disorder that can be dispensed by a pharmacy and used at home. Buprenorphine
     can suppress withdrawal symptoms, decrease opioid cravings, and block the effects of other
     opioids. Its use is heavily regulated at both federal and state levels. Suboxone and Zubsolv are
     commercial names for buprenorphine combined with naloxone, an opioid antagonist. Subutex is
     the commercial name for buprenorphine without naloxone. Clinicians are responsible for ensuring
     that medications like buprenorphine, with high potential for misuse, diversion, and abuse, are used
     with caution to ensure patients are taking them appropriately and not diverting them.

                                                      10
Case 0:21-cr-60020-WPD Document 1 Entered on FLSD Docket 09/27/2020 Page 12 of 62




               35.    On or about July 13, 2009, documents were filed with the Florida Secretary of State

     effectively organizing Inner Strength Chiropractic & Rehab LLC ("Inner Strength Chiropractic"),

     located in Bay Harbor Island, Florida. The articles of organization identify DR. DRAESEL as a

     manager of Inner Strength Chiropractic.

                                     C. THE CLINICAL LABORATORIES

               36.    The investigation has revealed that bodily fluid samples from Compass Detox and

     WAR patients are referred to numerous outside laboratories for various forms of testing.

                                                Laboratory Pros, LLC

               37.    On or about May 26, 2016, articles of organization were filed with the Florida

     Secretary of State effectively organizing Laboratory Pros, LLC ("Laboratory Pros") in Miami, FL

     (later Deerfield Beach, FL). GARNTO was added as Laboratory Pros' manager in or around

     September 2016 and the only other manager was removed in or around June 20 17. In or around

     May 2018, GARNTO signed documents filed with the Florida Secretary of State removing himself

     as the manager of Laboratory Pros, and adding Mended Bridge Investments, LLC ("Mended

     Bridge Investments") as manager. GARNTO is the registered agent and manager of Mended

     Bridge Investments.

                                                 Lab 1 -Lab 6 3

               38.    According to records on file with the Florida Secretary of State, Lab I is located in

     Deerfield Beach, Florida. Lab l had a financial relationship with Laboratory Pros.

               39.    According to records on file with the Florida Secretary of State, Lab 2 is located in

     Sunrise, Florida.




     3
         Laboratory Pros, and Lab l - Lab 6, are hereinafter referred to as "the Clinical Laboratories."


                                                        lI
Case 0:21-cr-60020-WPD Document 1 Entered on FLSD Docket 09/27/2020 Page 13 of 62




            40.     According to records on file with the Florida Secretary of State, Lab 3, Lab 4, Lab

     5, and Lab 6 are located in Miami, Florida.

         D. ADDITIONAL RELATED ENTITIES RELEVANT TO MONEY LAUNDERING
                                  ALLEGATIONS

            41.     According to documents filed with the Florida Secretary of State: on or about

     December 5, 2016, Waterstone Healthcare Management, LLC (" Waterstone Healthcare

     Management"), a company located in Bay Harbor Islands, FL, was organized by WASERSTEIN.

     Waterstone Healthcare Management has two different companies as members-one, Asakim 18,

     LLC (" Asakim 18"), located in Surfside, FL, was organized on or about December 5, 2016, and is

     managed by J. MARKOVICH; the other, Waterstone Capital Management, LLC ("Waterstone

     Capital Management"), organized on or about December 28, 20 12, is located in Bay Harbor

     Islands, FL, and is managed by WASERSTEIN.

            42.     On or about July 13, 2017, WASERSTEIN filed documents with the Florida

     Secretary of State organizing Right Direction Recovery, LLC ("Right Direction Recovery"),

     located in Bay Harbor Islands, FL. Waterstone Healthcare Management is a manager of Right

     Direction Recovery.

             43.    On or about October 23 , 2018, WASERSTEIN filed articles of incorporation w ith

     the Florida Secretary of State effectively organizing Ness Group Foundation, Inc. ("Ness Group

     Foundation") as a non-profit corporation located in Bay Harbor, FL. Article Ill states that Ness

     Group Foundation " is a not for profit corporation organized exclusively for charitable, religious,

     educational, and scientific purposes." The same article further notes that "[n]o part of the net

     earnings of the corporation shall inure to the benefit of, or be distributable to its members, trustees,

     officers, or other private persons, except that the corporation shall be authorized and empowered




                                                        12
Case 0:21-cr-60020-WPD Document 1 Entered on FLSD Docket 09/27/2020 Page 14 of 62




     to pay reasonable compensation for services rendered and to make payments and distributions in

     furtherance of the purposes set forth in this Article III."

            44.         On or about February 22, 2019, WASERSTEIN filed documents with the Florida

     Secretary of State applying for authorization for Jade Holdings Delaware, LLC, a foreign limited

     liability company, to conduct business in Florida as Jade Holdings LLC ("Jade Holdings"). The

     managers of Jade Holdings were identified as J. MARKOVICH and WASERSTEIN.

            45.         On or about February 11, 2016, documents were submitted to the Florida Secretary

     of State effectively organizing Recovery Empire, LLC ("Recovery Empire") as a limited liability

     company located in Miami with GARNTO as an authorized member. GARNTO has since been

     identified as a manager of Recovery Empire.

             46.        On or about October 30, 20 17, J. MARKOVICH filed documents with the Florida

     Secretary of State effectively organizing Yeladim 18, LLC ("Yeladim 18") as a limited liability

     company located in Bal Harbour (later Surfside), FL.                  These documents identified J.

     MARKOVICH as a manager for Yeladim 18.

                  IV.     BACKGROUND ON DRUG AND ALCOHOL REHABILITATION

                                     A. SUBSTANCE ABUSE TREATMENT

             4 7.       Based on my training and experience, I know that substance abuse treatment is

     regulated under state and federal law.

             48.        Substance abuse treatment regulations describe a continuum of care including, from

     most intensive to least intensive, detox, residential treatment, partial hospitalization ("PHP")4,




     4
      DCF, which regulates and licenses treatment facilities in Florida, refers to PHP as Day or Night Treatment.
     These terms may be used interchangeably in this Affidavit. In a Day Night or Treatment with Community
     Housing program, room, board, and transportation are provided by the program, but only for PHP patients.
                                                         13
Case 0:21-cr-60020-WPD Document 1 Entered on FLSD Docket 09/27/2020 Page 15 of 62




     intensive outpatient ("lOP"), and outpatient ("OP"). The varying levels of treatment provided are

     based on the severity of the addiction and the patient's symptoms.

            49.     Detox facilities assist patients in dealing with the effects of withdrawal from the

     complete cessation of using drugs and/or alcohol. After successfully completing detox or other

     inpatient services, patients receive treatment for their underlying addiction in the form of

     outpatient care, through e ither PHPs, IOPs, and/or OPs. PHP, IOP, and OP patients attend facilities

     on an ongoing basis where treatment is rendered, generally in the form of group and individual

     therapy sessions. The distinction among the three different treatments plans relates to, among other

     things, the amount of therapy time on a daily or weekly basis.

            50.     Medical and osteopathic doctors play an essentia l role in substance abuse treatment.

     Without a doctor, patients at the substance abuse treatment centers would not receive prescriptions

     for drugs, receive treatment, or have urine, blood, or other bodily fluid testing. Bodily fl uid tests,

     which are prescribed by the doctors, are billed to health plans by the substance abuse treatment

     centers and/or laboratories, as are patient evaluations performed by a physician.

             5 l.   DCF licenses and oversees addiction treatment faci lities that provide detox,

     residential treatment, PHP, IOP, and OP programs in Florida. Florida state regulations govern

     substance abuse treatment services, including standards for detox, residential treatment, PHP, IOP

     and OP. Fl. Adm in. Code §§ 650-30.006, 650-30.0081 , 65 0-30.009 1 and 650-30.0 I 0. One of

     the requirements that DCF places on certain facilities is that they have a medical director.

             52.     In Florida, substance abuse treatment services are governed by the " Ha l S.

     Marchman Alcohol and Other Drug Services Act" ("the Marchman Act"), Fl. Stat. § 397 .30 I.

     Under the Marchman Act, private substance abuse service providers' policies regarding payment

     for services have to comply with federal and state law. Fl. Stat.§ 397.431.



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Case 0:21-cr-60020-WPD Document 1 Entered on FLSD Docket 09/27/2020 Page 16 of 62




            53.     All "clinical treatment" under the Marchman Act must be "a professionally

     directed, deliberate, and planned regimen of services and interventions that are designed to reduce

     or eliminate the misuse of drugs and alcohol and promote a healthy, drug-free lifestyle." Fl. Stat.

     § 397.311(26)(a).

                  B. FEDERAL GUIDELINES FOR SUBSTANCE ABUSE TREATMENT

            54.     The U.S. Department of Health and Human Services, Substance Abuse and Mental

     Health Services Administration, Center for Substance Abuse Treatment ("SAMHSA"), also

     promulgated guidelines for varying levels of treatment based on the severity of the addiction,

     including, for purposes of this affidavit, detox and IOP.

            55.     The American Society of Addiction Medicine (" ASAM") is a professional medical

     society representing over 6,000 physicians, clinicians, and associated professionals in the field of

     addiction medicine. ASAM published the ASAM Criteria, which was a collection of objective

     guidelines that give clinicians a way to standardize treatment planning and where patients are

     placed in treatment, as well as how to provide continuing, integrated care and ongoing service

     planning, including for detox, PHP, IOP, and OP treatment services.

            56.     One form of treatment for substance abuse involves the use of a prescription

     controlled opioid, buprenorphine, in order to wean addicts off of illegal opioids, including heroin.

     Because drugs containing buprenorphine are Schedule III controlled substances, meaning that

     there is a strong potential for abuse, resulting in fatal and non-fatal overdoses, prescribing

     physicians also must have two DEA registrations. The first registration is the standard "DEA

     number," required to prescribe any controlled substance. The second registration is a "DEA X-

     number," which is granted to a limited number of physicians with valid " DEA numbers," who




                                                      15
Case 0:21-cr-60020-WPD Document 1 Entered on FLSD Docket 09/27/2020 Page 17 of 62




     have completed a training program on substance abuse treatment and have fu lfilled other

     regulatory requirements.

            57.     The Drug Addiction Treatment Act ("DATA") of 2000 amended the Controlled

     Substances Act to permit physicians to treat opioid addiction using Schedules Ill-V, FDA-

     approved narcotic drug products without having to obtain a separate DEA registration as a narcotic

     treatment program. Those registered with the DEA as DATA-waived physicians could treat 30 or

     l 00 patients at any one time. In 2016, Congress passed the Comprehensive Addiction and

     Recovery Act ("CARA"), which amended the Controlled Substances Act to permit nurse

     practitioners and physician assistants registered with the DEA to also treat opioid addiction based

     on state authority. In 2016, the Department of Health and Human Services published a Federal

     Register Notice which increased the patient limitation to 275 for physicians.

                        C. PAYMENT FOR SUBSTANCE ABUSE TREATMENT

            58.     Insurance coverage for substance abuse treatment and urine drug testing (and blood

     testing) is avai lable through a number of avenues, including, but not limited to, the fo llowing

     private insurance companies: Aetna Health Management LLC and Aetna Life Insurance for

     Members ("Aetna"), Blue Cross/B lue Shield ("BCBS"), Cigna Healthcare ("Cigna"), Magellan

     Health Inc., Medical Mutual, United Behavioral Health and United Health Group, Inc. ("United"),

     and Optum Health ("Opturn") (collectively referred to hereinafter as the "Insurance Plans"). The

     Insurance Plans offer health care coverage directly to consumers and through employers, including

     ERISA and non-ERISA plans. They also manage health care plans offered to federal employees.

     The Insurance Plans cover medical and clinical treatment costs ofrehabilitation in accordance with

     the terms of their policies and state and federa l law, including requirements that addiction

     treatment services and testing be medically necessary.



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Case 0:21-cr-60020-WPD Document 1 Entered on FLSD Docket 09/27/2020 Page 18 of 62




            59.         According to banking records and records obtained from the Insurance Plans:

     (i) Compass Detox, WAR, Inner Strength Chiropractic, and the Clinical Laboratories

     electronically submitted claims, via interstate wires from within the Southern District of Florida,

     to the Insurance Plans located outside of the State of Florida, to bill for substance abuse treatment

     and/or urine drug tests, among other things, for Compass Detox and WAR patients; and (ii) all of

     the Insurance Plans paid Compass Detox and WAR during the relevant period via interstate wires.

                   D.   BODILY FLUID TESTING IN SUBSTANCE ABUSE TREATMENT

            60.         Urine drug testing (and blood testing) are one monitoring strategy used by

     substance abuse treatment centers to detect recent drug or alcohol use by a patient. There are two

     primary categories of urine drug testing: immunoassay testing (e.g., a drug screen or point of care

     ("POC") testing) and specific drug identification (e.g., definitive, or confirmatory testing).

            61.         POC urine testing involves collecting urine in a specific cup designed for testing.

     The specimen is analyzed using a color band or numbered dipstick, allowing for visual positive or

     negative results. POC urine testing usually tests for the presence of 9 to 13 specific types of drugs.

     POC tests typically cost between $5 and $10 and can be read easily by a layperson. This testing is

     convenient, and less costly, and the results can be read quickly. POC testing is the most common

     form of urine testing performed at treatment facilities.

             62.        Definitive (or confinnatory) urine drug tests use gas liquid chromatography-mass

     spectrometry ("LCMS") and/or gas chromatography, or high-performance liquid chromatography,

     to analyze the urine specimen. These techniques are highly sensitive, and accurately and

     definitively identify specific substances and the quantitative concentrations of the drugs or their

     metabolites. This testing is more precise, more sensitive, and detects more substances than other

     types of urine testing. Results of definitive testing take longer, and the tests are significantly more



                                                         17
Case 0:21-cr-60020-WPD Document 1 Entered on FLSD Docket 09/27/2020 Page 19 of 62




     expensive; single urine specimens that undergo drug screen analyzers and LCMS testing can be

     billed to insurance companies for thousands of dol lars.

            63.     Insurance plans often provide guidance to service providers, including physicians,

     substance abuse treatment centers, and laboratories, on the type and frequency of testing that will

     be reimbursable. This guidance is based on policy statements from ASAM, publications by experts

     in the area of substance abuse treatment, and federal and state policies.

            64.     To bill insurance companies for urine drug testing and other bodily fluid testing,

     substance abuse facilities often submit claims on Form CMS 1450, a lso known as the Health

     Insurance Claim Form ("HICF"), to the c lient's respective insurance company. Before billing for

     the urine drug test, providers must first obtain a prescription from the patient's medical doctor,

     who must deem the UA medically necessary. HICFs contain, among other information, the client's

     name and biographical information, his or her insurance information, diagnosis, date and place of

     service, the standardized procedure codes, the number of units provided, the total dollar amount

     being charged and name and location of the billing company. The procedure code and the unit

     volume assist in determining the dollar amount at which the client's insurance company will

     reimburse the provider. Completed HICFs can be printed and mailed to insurance companies or

     they can be submitted electronically. When the HJCF is submitted, the provider certifies that the

     contents of the HJCF are true, correct, and complete.

                                 V.     PROBABLE CAUSE TO BELIEVE
                                       CRIMES HAVE BEEN COMMITTED

                          A. OVERVIEW OF THE CRIMINAL CONDUCT

            65.     Based on evidence set forth below, along with my training and experience, I submit

     that there is probable cause to believe that many of the claims that (i) Compass Detox and WAR

     submitted to the Insurance Plans for reimbursement for detox, residential treatment, PHP, TOP and


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Case 0:21-cr-60020-WPD Document 1 Entered on FLSD Docket 09/27/2020 Page 20 of 62




     OP services, (ii) urine drug testing and blood testing claims submitted by the Clinical Laboratories

     for Compass Detox and WAR patients, and (iii) chiropractic services claims submitted by DR.

     DRAESEL and Inner Strength Chiropractic for Compass Detox and WAR patients, were fa lse and

     fraudulent. More specifically, the EK.RA, health care fraud and wire fraud, and money laundering

     conspiracies operated as follows:

        a. Patient brokers, including GARNTO, BAKHSHI, KUSTURA, and BOSCH, often
           recruited patients to Compass Detox and WAR in exchange for illegal kickbacks and
           bribes, such as flights, cash, and drugs/alcohol. These kickbacks were often directly
           financed by J. MARKOVICH, D. MARKOVICH, and GARNTO;

         b. Having obtained a patient population at Compass Detox and WAR, sometimes through
            kickbacks, J. MARKOVICH, D. MARKOVICH, GARNTO, DR. SANT EIRO, DR.
            LIEBERMAN, and DR. DRAESEL engaged in a wide ranging and varied health care fraud
            scheme;

         c. Conspirators gave patients illegal drugs prior to adm ission and/or re-admission to Compass
            Detox to cause these patients to test positive for drugs and qualify for detox- the highest
            and most expensive level of care- when such care was not medically necessary, and was
            based on a material omission;

         d. Patients were often routinely recycled from Compass Detox to WAR and back for the
            purposes of billing them for multiple stays without regard to whether such repeated
            treatment was working or whether the billed level of care was medically necessary. For
            example, patients who relapsed in outpatient programs at WAR would be sent back to
            Compass Detox for detox, even if a lower level of care was more appropriate;

         e. Patients used illegal drugs while at Compass Detox and WAR and positive tests for drugs
            had no consequences, and did not change patients' treatment plans. As long as they had
            insurance that paid, patients who tested positive for drugs were allowed to stay;

         f.   Conspirators gave patients scheduled medications and a "comfort drink" to keep them
              docile and compliant while enrolled for treatment. These medications were prescribed in
              dangerous quantities and combinations, had no therapeutic benefit, jeopardized the
              patients' recovery, and rendered addiction treatment ineffective by impeding patients'
              abi lities to meaningfully participate in therapy;

         g. Conspirators billed for treatment and other serv ices that were not rendered, chiefly
            expensive therapy sessions that never occurred or which patients did not attend;

         h. Even if patients did attend the therapy sessions that were billed, these therapy sessions were
            nonetheless fraudulently billed because they often were so substandard as to be essentially

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Case 0:21-cr-60020-WPD Document 1 Entered on FLSD Docket 09/27/2020 Page 21 of 62




              meaningless, were given by unqualified personnel, and many patients were so intoxicated
              on illegal drugs, control led substances, and/or the comfort d rink that they could not
              meaningfully participate.

         1.   The conspirators submitted and caused to be submitted false and fraudulent billings for
              expensive, excessive, and medically unnecessary urine drug tests (and blood tests) for
              Compass Detox and WAR patients referred to the Clin ical Laboratories, inc luding
              Laboratory Pros, w hich is owned by GARNTO and which paid J. MARKOVICH. These
              bill ings were fraudulent because the testing ordered by the conspirators was excessive and
              medically unnecessary, includ ing because the tests were not reviewed in a timely manner
              or appropriately utilized in patients' treatment at Compass Detox and WAR;

        J.    The conspirators systematically referred patients to DR. DRAESEL for medically
              unnecessary chiropractic services fo llowing falsified chiropractic referrals generated by
              Compass Detox staff, and DR. DRAESEL systematically billed for chiropractic services
              purportedly provided to Compass Detox patients, even though those services were often
              medically unnecessary or, sometimes, not provided;

        k. WASERSTEIN, J. MARKOVICH, and GARNTO extracted fraud proceeds for their
           personal gain, use, and benefit, often by funne ling money into numerous she ll companies
           disguised as " management" or "consulting" payments, or as charitable contributions.

         I.   J. MARKOVICH falsified applications for Paycheck Protection Program loans on behalf
              of Compass Detox and WAR by representing that these entities were not engaged in
              unlawful practices, when in fact they were, in o rder to obtain approval for such loans.

              66.    Through the fraud scheme described above, the conspirators submitted or caused

     to be submitted substantia l amounts of billings to the Insurance Plans:

        a. Compass Detox Billings: For service dates of on or about April 1, 2017, to on or about
           April 11, 2020, Compass Detox submitted approximately $68,573,120 in claims to the
           Insurance Plans and received approximately $22,535,194 in payment.

        b. WAR Billings: For service dates of on o r about February 8, 2019, to on or about April 10,
           2020, WAR submitted approximately $6,984,189 in claims to the Insurance Plans and
           received approximately $1,616,465 in payment.

        c. Clinical Labs Billings: DR. SANTElRO, as Medical Director for Compass Detox and
           WAR, authorized excessive laboratory testing for patients from Compass Detox and WAR,
           which resulted in approximately $ 15,040,292 in claims submitted through the C linical
           Labs for service dates from on or about April 1, 2017, to on or about April 11 , 2020, and
           approximate ly $ 1,142,185 in payments to the Clinical Labs.



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Case 0:21-cr-60020-WPD Document 1 Entered on FLSD Docket 09/27/2020 Page 22 of 62




        d. Chiropractic Billings: For service dates of on or about July 31, 2017, to on or about
           October I 3, 2019, DR. DRAESEL submitted or caused to be submitted approximately
           $588,230 in claims to the Insurance Plans, and received approximately $ 155,003 for
           services supposedly provided to Compass Detox and WAR patients.

        e. Total Billings:    Adding these amounts together, the volume of claims that J.
           MARKOVICH, D. MARKOVIC H, GARNTO, DR. SANTEIRO, DR. LIEBERMAN, and
           DR. DRAESEL submitted, and caused to be submitted, is approximately $91.2 mi llion
           billed, and approximately $25.4 million paid.

          B. EVIDENCE OF CONSPIRACY TO PAY AND RECEIVE EKRA KICKBACKS

            67.     Based on evidence set forth below, along with my training and experience, I subm it

     that there is probable cause to believe that J. MARKOVICH, WASERSTEIN, D. MARKOVICH,

     GARNTO, BAKHSHI, KUSTURA, BOSCH, and others engaged in a kickback conspiracy to

     obtain patients for Compass Detox and WAR.

                                 t. Witness Interviews Regarding K ickbacks

            68.     Numerous confidential witnesses, including former patients and employees at

     Compass Detox and WAR, provided statements to federa l agents regarding kickbacks. In sum, as

     further described below, these witnesses describe GARNTO as the lead patient recruiter for

     Compass Detox, with other individuals such as BAKHSHI and KUSTURA working under him.

     Kickbacks provided and offered to patients from GARNTO, BAKHSHI, KUSTURA and BOSCH

     included cash payments to attend Compass Detox or WAR, inter-state flights financed by

     GARNTO, D. MARKOVICH, J. MARKOVICH or Compass Detox's corporate accounts, and

     illegal drugs or other in-kind items.

                                     Information Provided by Patients

        a. Patient I learned of Compass Detox through KUSTURA, who told Patient l that
           he/she/they could get paid $1 ,000 per month to attend if he/she/they had insurance.
           GARNTO also directed KUSTURA to so licit people w ith good insurance. Patient l was
           paid in cash by KUSTURA, who obtained the money from GARNTO. While Patient 1
           was a patient at WAR, KUSTURA also provided him/her/them with drugs, including drugs

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Case 0:21-cr-60020-WPD Document 1 Entered on FLSD Docket 09/27/2020 Page 23 of 62




             from which he/she/they overdosed, as more ful ly described in the subsection of this
             Affidavit devoted to health care fraud evidence.

        b. Facebook chats obtained during the investigation corroborate information from Patient I.
           For examp le, on October 30, 2018, Patient I messaged KUSTURA stating, "Am I gunna
           get paid n for sure have a place to go?" KUSTURA reassured Patient I , "Yes im paying
           you me and [name redacted] just go to compass." Also within this conversation thread,
           KUSTURA reassured Patient I that " Im gonna send you my boys number an hes gonna
           take care of getting you down here an in here since I wont have my phone. + I (786) 515-
           5474." KUSTURA informed Patient I that this number belonged to "Frankie," and "yea I
           just talked to him he can fly you down asap." "Frankie" is known to agents as BOSCH,
           just as the number listed in this chat is known as BOSCH's phone number.

        c. Patient 2 stated that KUSTURA arranged a flight for Patient 2 and his/her/their significant
           other from California to Miami, Florida on August 20, 2019. KUSTURA arranged their
           flight, and a ride-share to the airport. KUSTURA also sent them small amounts of cash to
           buy alcohol, and to cover their baggage fee. Flight and banking records confirm that $288
           of flights were purchased for these patients by D. MARKOVICH on his personal account
           ending in x3684. Records reflect that a ride-share was ordered on GARNTO's ride-share
           account on August 20, 2019, with a pickup location in or around Huntington Beach,
           California and a drop off location near the airport in Santa Ana, California, a few hours
           before the departure time of the flight purchased by D. MARKOVICH. There was no
           expectation that Patient 2 ever repay KUSTURA or anyone at Compass Detox.

        d. Patient 3 stated that KUSTURA paid Patient 3 and his/her/their signifi cant other small
           sums of cash through wire transfers in exchange for attending Compass Detox and referring
           other patients. Text messages from Patient 3's phone reflect KUSTURA providing details
           on these wire transfers: On April 22, 2019, KUSTURA stated "From-mario kustura 438-
           381-5965 ... 100 [dollars] ... Whats your guys eta to compass?" Later, on May 30, 2019,
           KUSTURA messaged to say, "Hey guys its Mario just checking on you guys where you
           at? ... Chris wanted me to take over whats going on he said everyone was supposed to be
           there." KUSTURA then followed up with a message indicating "From mario kustura 60
           [dollars] 38\-650-3750." Wire transfer data corroborates that, on April 22, 2019,
           KUSTURA wired $100 to Patient 3, and that on May 30, 2019, KUSTURA wired $60 to
           Patient 3. For both of these transactions, the wire transfer data shows that KUSTURA's
           address is Compass Detox.

        e. In addition, Patient 3 and his/her/their significant other remained at Compass Detox for
           about two weeks in Spring 2019 on the promise that they would be paid by GARNTO and
           KU STU RA, although they never were. Approximately a month after they were discharged
           from Compass Detox, in or around May 20 I 9, KU STURA offered Patient 3 and
           his/her/their significant other $1,500 to return to Compass Detox, which they did, but they
           discharged themselves against medical advice the next day and never received the money.

        f.   Patient 4 stated that GARNTO was the lead marketer, but usually communicated with
             patients through lower level recruiters such as BAKHSHI and KU STURA or patients who

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Case 0:21-cr-60020-WPD Document 1 Entered on FLSD Docket 09/27/2020 Page 24 of 62




              were " in" with GARNTO. For example, on one occasion, another Compass Detox patient,
              Patient Broker I, paid Patient 4 $60 at the direction of GARNTO.

         g. Patient 5 was paid between $500-$1,000 for 14-21 day stays at Compass Detox. Although
            GARNTO used to pay patients directly, he started using "Mario" (known to agents as
            KUSTURA) and "Elan" (known to agents as BAKHSHI) to meet patients and pay them.

         h. Compass Detox also paid to fly Patient 5 to Florida from New York. Flight information
            reflects several flights purchased by GARNTO and D. MARKOVICH using credit card
            nos. x3004 (held in the name of DAN IEL MARKOVICH), x3684 (held in the name of
            DANIEL MARKOVICH), and x0305 (held in the name of CHRISTOPHER GARNTO)
            for Patient 5. In total, Compass Detox and WAR billed approximately $312,268 to BCBS
            for services purportedly provided to Patient 5, while outside labs billed approximately
            $103,250 for urine drug and blood testing.

         1.   Patient 6 stated that, while at Compass Detox w ith his/her/their significant other, Patient 6
              got to know another patient (" Patient Broker 2") who was in a relationship with a member
              of Compass Detox's nursing staff ("Nurse I" ). Patient Broker 2 approached Patient 6 about
              whether he/she/they would be willing to leave Compass Detox and come back as one of
              Patient Broker 2' s recruits in exchange for money. Patient 6 declined because he/she/they
              believed that "Chris G" (known to agents as GARNTO) would pay more money.

         J.   Patient 7 stated that Compass Detox is a scam because marketers pay patients to go there.
              "Mario" (who agents know as KUSTURA) promised Patient 7 $1,500 to attend Compass
              Detox for two weeks and WAR for 30 days. However, KUSTURA never paid.

                                        Information Provided by E mployees

         k. Confidential Witness I ("CW!"), a former employee of Compass Detox's nursing staff,
            stated that D. MARKOVICH and GARNTO frequently arranged flights for out-of-state
            patients and gave out Visa gift cards to patients. In addition, D. MARKOVICH would
            allow patients to attend Compass Detox for free if they brought with them another patient
            with insurance (a practice known to me as "piggybacking").

         I.   Confidential W itness 2 ("CW2") a former employee of Compass Detox, stated that
              WASERSTEIN, J. MARKOVICH, and GARNTO asked CW2 to help set up a call center
              for BAKHSHI to run as part of the efforts to recruit patients. The call center was set up in
              WASERSTEIN's office in Bal Harbor, then moved to a house in Surfside that
              WASERSTEIN owned but a llowed BAKHSHI and other employees to live in. 5


     5
       CW2 further explained that WASERSTEIN owned the building where WAR and Oasis, the associated
     community housing, were located. Property records confirm that Jade Holdings LLC and Ness Group LLC,
     which are managed by WASERSTEIN, purchased the property on which WAR and Oasis are located in or
     around 20 I 9 and 2018, respectively. WASERSTEIN also owned a home in Surfside, Florida, which was
     essentially used as community housing for WAR patients before Oasis was available. This location was
     shut down because patients were not supervised and were exchanging sex for drugs and money.

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Case 0:21-cr-60020-WPD Document 1 Entered on FLSD Docket 09/27/2020 Page 25 of 62




           BAKHSHl called Compass Detox "alumni" to try to get them to come back to Compass
           Detox, or names on a spreadsheet of individuals with drug-related court cases that
           W ASERSTEIN provided. In addition, on one occasion, CW2 saw BOSCH give a patient
           an expensive pair of Giuseppe Zanotti shoes.

        m. Confidential Witness 3 ("CW3"), a former employee of Compass Detox's nursing staff,
           stated that "Chris"- whose last name CW3 did not know- promised goods to patients,
           including sneakers and control led substances, to lure them into being admitted to Compass
           Detox. In a three-month time frame, "Chris" recruited approximately 160 patients that
           were admitted to Compass Detox. CW3 believed that patients were paid to attend Compass
           Detox, recalling one occasion where three patients left Compass Detox against medical
           adv ice to use drugs, and returned later to gather their personal belongings and were angry
           that they did not get paid. CW3 stated that Compass Detox changed which urinalysis lab
           they used twice during the time that CW3 worked at Compass Detox. Initially, Compass
           Detox used a lab whose owner would refer patients to Compass Detox. But since the
           individual did not refer enough patients, Compass Detox moved to a different lab.

        n. Cooperating Defendant I ("CD I"), who was charged w ith patient brokering by state
           authorities and has not yet been convicted or sentenced, owned Lab 6, which was one of
           the labs utilized by Compass Detox in early 20 17 for urinalysis samples. CD 1, who also
           operated a treatment center, agreed to refer patients to Compass Detox, and did in fact refer
           several patients to Compass Detox in or around early 2017. Compass Detox sent urinalyses
           samples exclusively to Lab 6 for a few months in 2017, but J. MARKOVICH and
           GARNTO (who CD I understood was the primary marketer for Compass Detox) both told
           CD I that other labs had offered to pay them in exchange for referring urinalyses samples
           and that they would move Compass Detox's lab account away from Lab 6 if CD I did not
           pay. CD I declined to pay for referrals, and GARNTO moved the account to Lab l as a
           result. Furthermore, W ASERSTEIN informed CD I that he had started a call center in Bay
           Harbor Islands. The purpose of the call center was to recruit patients for Compass Detox.

        o. In addition, CD I hired BOSCH in the summer of 2018 to recruit fo r his/her/their treatment
           center. BOSCH's patients primarily came from Compass Detox and some o f those patients
           told CD 1 that BOSCH paid them to get high after they left Compass Detox so they would
           be admitted to CD I's fac ilities. CD 1 did not like this practice and suspected that BOSCH
           was sti ll working for Compass Detox, so CDl confronted BOSCH about this. BOSCH
           adm itted that he was being paid by Compass Detox to get patients high.




     WASERSTEIN later transferred ownership of this location to GARNTO as payment for GARNTO's
     services to Compass Detox. Property records confirm that, in or around April 2020, WASERSTEIN,
     through a company he manages, quit claimed this property (which it had purchased from another
     WASERSTEIN company for approximately $635,000) to GARNTO.

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Case 0:21-cr-60020-WPD Document 1 Entered on FLSD Docket 09/27/2020 Page 26 of 62




                                    2. Additional Evidence of Kickbacks

             69.     Banking, financial transfer, wire, and fl ight data reveal the following: (a) Compass

     Detox owners or employees purchased at least 111 flights for patients that correspond to a date of

     service at Compass Detox or WAR, totaling app roximately $29,917. Of these, roughly 73 flights

     were purchased in or after November 2018, totaling approximately $16,895. These flights were

     purchased on various accounts in the name of D. MARKOVICH, GARNTO, and Compass Detox

     (for which J. MARKOVICH is the signatory); and (b) GARNTO, BAKHSHI, KUSTURA, and

     BOSCH conducted at least I 05 w ire or cash transfers to patient brokers or to patients within

     approximately one month or less of the patient's date of service at Compass Detox or WAR,

     totaling approximately $14,684. Eighty-two of these payments (totaling approximately $12,244)

     occurred in or after November 20 18.

             70.     Cal I detail records obtained from Sprint for phone number (516) 673-8726, known

     to be used by BAKHSHI, show that BAKHSHI's phone number communicated w ith phone

     numbers that patient files indicate belong to at least 27 Compass Detox patients through text

     message; and with phone numbers that patient files indicate belong to at least 88 Compass Detox

     patients though voice call.

             71.     Call detail records obtained from AT&T for (201) 452-7776, known to belong to

     GARNTO, show that GARNTO's phone number communicated with phone numbers that patient

     fi les indicate belong to at least 330 Compass Detox patients via text; and 4 15 Compass Detox

     patients via call.

             72.     Call detail records further confirm that GARNTO exchanged thousands of texts or

     calls with J. MARKOVIC H and BAKHSHJ, and hundreds of texts or calls with D. MARKOVIC H




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     and BOSCH. And call detail records show that BAKHSHI exchanged hundreds of calls or texts

     with J. MARKOVICH and BOSCH, and dozens of calls or texts w ith D. MARKOVICH.

           73.      In addition, Facebook chats reveal numerous instances where GARNTO,

     BAKHSHJ, and KUSTURA communicated with Compass Detox and WAR patients, including

     offering kickbacks in exchange for attending Compass Detox and WAR. For example:

           a. On October 2, 2017, BAKHSHI complained to another Facebook user that "Chris G
              owes me 3 bands .... He owes me money for clients .... Hes [sic] owes me money since
              I been there." Based on my experience, I understand " bands" can be a reference to
              $1,000 in cash.

            b. On March 6, 2018, a Face book user told KU STU RA that, "That kick back shit is fucked
               up ... and illegal ... And places get shut down for that lol." KUSTURA responded that
               " ik [I know]." The Facebook user then inquired whether KUSTURA "got paid for
               clients," to which KUSTURA responded, "Ehh cant confirm or deny."

            c. On April 28, 2018, BAKHSHI asked Patient 8 to " help me with client u already know
               the deal ... I got u heavy if u help me out."

            d. On November 5, 2018, Patient 9 complained to BAKHSHJ that, "I hate this business
               bro I always be getting dicked around when I can send people a few times a month."
               BAKHSHI reassured the patient that, ''Nah we bout to get u right baby," but the patient
               insisted "Chris deaded me before." BAKHSHI later stated "Keep sending ii make sure
               u get right ... I told u rack 2 1 days." In my experience, a " rack" can refer to $1 ,000 in
               cash. Patient 9 responded, " I ain't shakin wit u I'm shakin wit Chris son."

            e. On January 15, 2019, Patient I 0-who insurance billing records indicate is the single
               highest utilized patient by Compass Detox and WAR in terms of billed amount-
               messaged BAKHSHI to say "I' m thinking about coming back down. T ell Jonathan to
               pay me for a visit."

            f. On April 28, 2019, KUSTURA told Patient Broker 3, a known recruiter for Compass
                 Detox and other substance abuse treatment centers, specific kickback rates depending
                 on the type of insurance: "Blue cross-200 Cigna-300 United-400 Aetna-500."

            g. On July 5, 2019, Patient 11 asked BAKHSHI to pay his/her/their kickback, stating,
               "You told me 350 ... If you have a card you can send it over facebook . .. But you know
               [C]hris isn't gonna hand me bread like that." BAKHSHTresponded to "Text me."

            h. On February 25 , 2020, Patient 10 messaged GARNTO to inform him that "I got
               someone else he' s got United health care" and included a picture of two individuals'


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                  insurance cards. GARNTO responded, in relevant part, "Let me know w hen you three
                  are ready bro. [Patient name redacted] would be good for u."

                                       3. Specific Examples of Kickbacks

            74.      The investigation has revealed specific examples of kickbacks based on flight and

     banking records, billing records, and patients ' files:

            a. On or about March 13, 2019, D. MARKOVICH purchased a tlight for Patient 12 in the
               amount of approximately $508 from Dallas-Fort Worth to Fort Lauderdale on account
               x3684, held in the name of D. MARKOVICH. The flight date was March 13, 2019
               and flight records reflect that Patient 12 boarded the flight. Billing records indicate
               that Compass Detox bi lled for services provided to this patient beginning on or about
               March 14, 2019.
            b. On or about March 14, 20 I9, KU STU RA transferred $200 via wire to Patient 13.
               Billing records indicate that Compass Detox billed for services purportedly provided
               to this patient from on o r about March l, 2019 through on or about March 11, 2019, as
               well as on or about March 19, 2019 through on o r about March 26, 2019. In total,
               Compass Detox and WAR billed approximately $623 ,294 to BCBS for services
               purportedly provided to Patient 13, while the Cl inical Labs billed approximately
               $191 ,746 for testing conducted during Patient 13's stays at Compass Detox and WAR.

             c. On or about June 6, 20 19, BOSCH transferred $125 via w ire to Patient 14. Bi lling
                records indicate that Compass Detox billed for services purportedly provided to this
                patient beginning on or about June 1, 20 19 through on or about June 5, 2019. In total,
                Compass Detox billed approximately $225,382 to BCBS for services purportedly
                provided to Patient 14, while Clinical Labs billed approximately $32,080.

             d. On or about June 20, 2019, GARNTO transferred $600 to BAKHSHI v ia financial
                transfer application. BAKHSHI was active ly recruiting patients during this time
                period, as evidenced by the fact that, on June 27, 20 19, BAKHSHI transferred$ l 00 v ia
                wire to Patient 15, who was a Compass Detox and WAR patient in this time frame.

             e. On or about November I, 20 19, GARNTO transferred $ 1,000 to Patient 16 from
                account ending in x9530 in the name of GARNTO. Patient files indicate that Patient
                16 was enrolled at WAR at the time of th is payment. In total, Compass Detox a nd
                WAR billed approximately $70 1,832 for services purportedly provided to Patient 16,
                while C linical Labs billed approximately $97,372 for testing conducted during Patient
                l 6's stays at Compass Detox and WAR.

             f.   On or about December 30, 20 19, GARNTO booked a tlight for approx imately $442 for
                  Patient 17 from Nashville to Fort Lauderdale. The flight date was December 3 1, 20 19,
                  and flight records indicate that the patient boarded the flight. The flight was purchased
                  on credit card ending in x1077 held in the name of Compass Detox, under an account
                  fo r which J. MARKOVICH is the signatory. Patient files indicate that Patient 17

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                  purportedly received services from Compass Detox from in or around December 31 ,
                  20 I 9 to in or around January 22, 2020.

          4. Laboratory Pros Payments to GARNTO, J. MARKOVICH, and WASERSTEIN

            75.      As described in subsection C below, Compass Detox and WAR referred excessive

     and medically unnecessary urinalyses to the Clinical Labs, including Laboratory Pros, in which

     GARNTO has a financial interest.

            76.      GARNTO also disbursed money from Laboratory Pros to J. MARKOVICH and

     WASERSTEIN. Banking records reflect that GARNTO has received a total of approximately

     $217,907 from Laboratory Pros' account x2645, of which he is a signatory, in the form of checks

     addressed to Mended Bridge Investments and deposited in Mended Bridge Investment's account

     x3563 , and that J. MARKOVICH has received approximately $193,835 from Laboratory Pros'

     account x2645 in the form of checks addressed to Yeladim 18 and deposited in Yeladim 18's

     account x 1358. And on or about April 30, 2018, GARNTO signed a check from Laboratory Pros

     for $7,500 addressed to Company 1, of which WASERST EIN is a director according to records

     on file with the Florida Secretary of State. The check' s memo stated, "deposit repayment."

        C. EVIDENCE OF HEALTH CARE FRAUD AND WIRE FRAUD CONSPIRACY

            77.      Based on evidence set forth below, the kickback evidence discussed above, and my

     training and experience, I submit that there is probable cause to believe that J. MARKOVICH, D.

     MARKOVICH, GARNTO, DR. SANTEIRO, DR. LIEBERMAN , and DR. DRAESEL, and

     others, submitted and caused to be submitted false and fraudulent claims for reimbursement via

     interstate wire to the Insurance Plans for detox, residential treatment, PHP, TOP, and OP services,

     and for urine and blood testing.




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                                  l.      Expert Consultant's Findings

            78.     The law enforcement team investigating this matter consulted with an expert in

     addiction treatment, Dr. Kelly J. C lark. Dr. C lark is a licensed Medical Doctor (M.D.) in Florida

     (and in several other states), and has a Master' s in Business Administration (M.B.A.). She has

     over 20 years of experience in the addiction treatment fie ld; is board-certified in addiction

     medicine and psychiatry; is a distinguished fe llow of the American Psychiatric Association and

     the American Society of Addiction Medicine; has been a Chief Medical Officer for two multi-state

     addiction treatment companies; and worked on various national guidelines establ ishing the

     standards of care for addiction treatment and testing. Since April 2019, Dr. Clark has served as

     the Immediate Past President of the American Society of Addiction Medicine (and was a former

     President), and remains on its Board.

            79.     Dr. C lark recently provided expert testimony at trial in the Southern District of

     Florida in two cases regarding allegations of addiction treatment fraud, one of which was against

     a physician (United States v. Abovyan, Case No. 18-CR-80122- MIDDLEBROOKS (physician

     defendant); United States v. A hmed, Case No. 19-CR-60200-COHN) (owner and executive of

     sober homes and addiction treatment facil ity). Dr. Clark has been retained as an expert in other

     addiction treatment fraud cases and was admitted as an expert witness after a Daubert hearing on

     June 26, 2019 (United States v. S nyder, et al., Case No. I 8-CR-80111 -ROSENBERG). Finally,

     Dr. Clark has been noticed as an expert in a case against the owners and operators of another

     substance abuse treatment faci lity (United States v. Port, et al., Case No. 19-CR-20583-

     SINGHAL).

            80.     Dr. Clark reviewed a subset of Compass Detox and WAR patient records and

     billing c laims (for Compass Detox and WAR, and several of the C linical Laboratories). Dr. Clark



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     found that Compass Detox and WAR did not meet the standard of care for addiction treatment.

     Instead, she concluded Compass Detox and WAR seemed designed to bill Insurance Plans for

     exorbitant amounts, and to retain the patient population by providing patients with prescribed

     drugs to misuse, in order to generate revenue by billing these patients' insurance for services.

            81.     Of note, Dr. Clark identified the fo llow ing patterns within the materials she

     reviewed: prescribing by DR. LIEBERMAN and DR. SANTEIRO of medication for the over-

     sedation of patients (dispensed by staff); cycling of patient admissions between Compass Detox

     and WAR with no attempts to assist the patients in breaking this cycle; inappropriate referral orders

     and claims for chiropractic care; a large list of"prn" (or "as needed") medications available, which

     were improperly given and misused by patients; large billings for each day of "treatment," and

     lack of documentation of the delivery of the minimal care required to bill as a licensed facility for

     a given level of care; lack of utilization of the results of urine drug tests or blood tests for any

     medical purpose; and a lack of documentation of any physician's meaningful oversight of the

     patient's care. Further, Dr. Clark identified patterns of billings for services not provided, including

     medically monitored detox when there was no medical monitoring of care; residential levels of

     care whether or not the reported patient actually received the amount of counseling services

     required; PHP services whether or not the patients actually engaged in the required number of

     therapy hours; and clinical care provided by individuals without the expertise or credentials to

     provide that care.

            82.     With respect to medications, Dr. Clark found that DRS. LIEBERMAN and

     SANTEIRO engaged in a pattern of allowing patients to be over-sedated with "as needed"

     medications, which often resulted in patients complaining of being too tired or sedated, sweating

     or dizziness upon standing, restless as though they could not sit still, nausea, confusion, and other



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     complaints. The patients displayed objective signs consistent with medication side effects, such

     as abnormal blood pressures and pulses, sweating, agitation, and other signs. The staff would often

     note that patients had "slurred speech," " unsteady gait," missed groups due to lack of energy,

     napped during the day, fell asleep in group, or even that they had bizarre thoughts and delusions.

     Despite presenting these signs of medication toxicity days and even weeks after admission to

     Compass Detox, staff typically framed these as "withdrawal" symptoms. Such patients were not

     brought to the attention of the physicians or medical staff, and the physicians did not proactively

     conduct regular rounds on patients at Compass Detox. Dr. Clark found that this pattern of ordering

     and prescribing grossly diverged from legitimate medical practice and was unsafe, unethical, and

     inconsistent with the legitimate use of medication treatment in inpatient fac ilities. Dr. Clark further

     found that DRS. SANTEIRO and LIEBERMAN overutilized Subutex, the most abusable version

     of bupre norphine, among other non-sensical practices in these doctors' buprenorphine

     prescriptions.

             83.      Indeed, Dr. Clark found that the practice at Compass Detox was to prescribe a

     "Comfort Drink," which was a 30ml liquid containing some varying concoction of two to five

     sedating substances. Patients could have this typically twice a day, although sometimes more

     often, for complaints such as "anxiety," "withdrawals," or " insomnia." Dr. Clark found this

     practice grossly inappropriate. The process of drinking a liquid shot of a concoction when

     "anxious" is the opposite of helping a person with addiction achieve sobriety. The individualized

     formu lations of these shots of "Comfort Drink" are inappropriate and dangerous, given the large

     number of drug interactions possible, and risk of adverse reactions to a literal overdosing of those

     medications which have the potential to cause serious injury and even death.




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             84.     Dr. Clark fou nd a pattern of patients being asked to sign a Durable Power of

     Attorney for all financial matters for a one-year period fo llowing admission to Compass Detox

     and WAR. J. MARKOVICH often signed these forms days after the patient, stating that he is a

     notary public. Dr. Clark found the practice of requiring or asking patients to provide a durable

     power of attorney delegation to be extremely unusual, much less such a request to such a

     vulnerable unemployed, and often homeless population being treated for addiction.

             85.     Dr. Clark found that Compass Detox and WAR repeatedly tested patients' urine for

     a wide range of substances, including drugs of abuse they were known to have requested of and

     been given by staff, with bills typically $ 1,200 to $3,750 per urine sample. Dr. Clark identified

     several patterns indicating that urine tests were typically not medically necessary: ordering very

     large confirmatory panels including substances without misuse potential, like Prozac; ordering

     very large defin itive panels including for medications which are misused but were being

     documented as dispensed to the patient; too freque nt testing, such as multiple times a week, before

     results could be reviewed to justify subsequent tests; the results of testing were not used for medical

     decision-making or treatment of the patient; and a lack of clinical responses to any results of the

     tests by the treatment program staff. Final ly, Dr. Clark found a pattern of blood work ordered by

     Compass Detox and WAR physicians, which resulted in billings to the Insurance Plans, without

     clear clinical indications or medically necessity.

      2.      Evidence of Substance Abuse Treatment Fraud From Witnesses and Supported by
                                  Patient Files and Billing Records

             86.     Numerous confidential witnesses, including former employees and patients at

    Compass Detox and WAR, provided statements to federal agents regarding the fraudule nt practices

    at these facilities, as detailed below.




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            87.    Furthermore, an outside consultant analyzed a sample of approximately I 0-15% of

    patients' files for Compass Detox and WAR, as well as related bi lling records. This analysis

    revealed a number of potentially fraudulent trends, many of which are presented below a long with

    specific examples evidencing the trends from Compass Detox and W AR's electronic medical

    records ("EMRs") and billing records. These trends and examples further support probable cause

    of a widespread health care and wire fraud conspiracy and confirm the witness accounts.

            88.    This section summarizes witness statements and corresponding trends and

    examples from EM Rs and billing records that provide evidence of the numerous fraudu lent trends

    explained in Section V.A (Overview) above.

                     Non-Medical Defendants Drove Medical Decisions, And the
                        Doctors Were Insufficiently Involved in Treatment

            89.    Consistent with Dr. Clark's findings, former employees and patients noted that the

     Medical Director (DR. SANTEIRO), who witnesses say was rarely at Compass Detox or WAR,

     and Chief Medical Officer (DR. LIEBERMAN), often engaged in improper conduct at Compass

     Detox and WAR, including allowing the owners and operators of these facilities, including D.

     MARKOVICH, J. MAKROVICH, and GARNTO, who were not physicians, to make treatment

     decisions based on insurance reimbursement, and not patient care, as explained below:

        a. CW 1 indicated that DR. SANTEIRO, the Medical Director, was rarely at Compass Detox,
           and that it was a challenge to get him to come see patients. CW2 indicated that DR.
           SANTEIRO barely saw or interacted with patients. In addition, GARNTO would direct
           DR. LIEBERMAN to order nursing staff to give patients additional medication, a practice
           of which J. MARKOVICH and D. MARKOVICH approved.

        b. Further, CW l noted that D. MARKOVICH, who was not a medical professional, decided
           whether patients would be discharged or moved to a new level of care, and those decisions
           were based on what insurance would pay for. D. MARKOV ICH instructed the uti lization
           review team to try to get more days of treatment covered by a patient's insurance, even
           over the nursing staffs objections that the patient should be stepped down to a lower level
           of care. D. MARKOVICH a lso a llowed unruly and physically aggressive patients, that
           were previously removed, back into Compass Detox. D. MARKOVICH accepted patients


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           into Compass Detox where one patient had great insurance and the other patient had no
           insurance.

        c. CW2 further noted D. MARKOVICH attended utilization review meetings every morning,
           the purpose of which was to determine which patients stayed, and which were discharged.
           D. MARKOVICH had the final say about this, and his decision was based on the quality
           of the patient's insurance.

        d. Confidential Witness 4 ("CW4"), a former Compass Detox employee, indicated that D.
           MARKOVICH and GARNTO- neither of whom are medical professionals-decided how
           long patients would stay at Compass Detox, and that this was based on the quality of a
           patient's insurance.

        e. Confidential Witness 5 ("CW5"), a former Compass Detox employee, recalled a meeting
           where J. MAR.KOVICH and DRS. SANTEIRO and LI EBERMAN tried to find ways to
           increase the amount of treatment days that insurance would pay for. J. MARKOVICH told
           clinical staff, among others, to keep patients longer.

            90.    ln addition, Confidential Witness 6 ("CW6") has worked as an insurance billing

     consultant for Compass Detox and WAR since in or around 20 17. J. MARKOVICH hired CW6

     and, at some point, J. MARKOVICH became more involved with WAR and D. MARKOVICH

     took over operating Compass Detox. D. MARKOVICH set up an online share folder where he

     would upload patient files and other information that CW6 used to do the billing. CW6 relied on

     the information provided to him/her/them by D. MAR.KOVICH, J. MARKOVIC H, and the

     utilization review employees to perform bil ling for Compass Detox and WAR.

                  Billing for Therapy Not Provided, Not Attended, O r S ubs tandard

            91.    Witness Statements: Former employees and patients have described instances of

     therapy not being provided (because, for example, patients were taken out on a yacht instead of

     provided therapy); therapy not being attended; and substandard therapy, including therapy

     provided by unqualified individuals. For example:

        a. Patient 4 stated that therapy at Compass Detox was sporadic and sometimes consisted of
           watching YouTube videos.



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        b. In Patient 2's experience, therapy at Compass Detox was conducted just to check a box.
           Sometimes, the employees facilitating therapies left a group of patients a lone in a room to
           do an activity or assignment without facilitating a group therapy discussion. If patients got
           worked up during therapy sessions or started to complain, staff would bring in a tray of
           comfort drinks-described further below-to settle patients down. Likewise,              WAR
           therapy was "wasted hours sitting in a room," consisting of activities such as coloring.

        c. Patient 7 stated that therapy at Compass Detox was not mandatory and many therapists did
           not care about providing quality therapy. At WAR, although therapy was mandatory,
           patients could have their phone and leave to go outside. Sometimes therapists took patients
           on outings, such as to the beach, instead of providing therapy. And patients could use
           marijuana at WAR and staff would look the other way.

        d. Confidential Witness 7 ("CW7"), a former WAR employee, noted that although CW7 was
           not licensed to perform therapies, CW7 was instructed to perform therapies at WAR
           multiple times a day. About 70% of the time, WAR's clinical director, who was licensed,
           was not present or supervising the therapies that CW7 facilitated, yet still signed off on
           therapy notes. The clinical director instructed CW7 to essentia lly cut and paste to create
           the therapy notes and, for IOP patients, to mark them as attending the therapy as long as
           they were in the building somewhere.

        e. Confidential Witness 8 ("CW8") is a fo rmer Compass Detox and WAR employee who was
           a therapy intern and therefore not licensed to provide therapy unless supervised by a
           licensed therapist, which CW8 often was not. Compass Detox and WAR were profit
           driven, and the goal was to get patients in the door and make sure Compass Detox and
           WAR could continue to bill the patients' insurance. As a result, therapy was an
           afterthought and only existed because it is a required service to be able to bill insurance.
           There were no consequences at WAR if patients did not improve. The patients cou ld-
           and in fact did---come back through Compass Detox and WAR over and over again, despite
           doing nothing to recover.

        f.   For example, CW8 relayed that, at WAR, where therapy is supposed to be the primary
             service, the main focus was simply completing notes, not the quality of therapy because,
             as the clinical director informed CW8, if they did not get the notes done, then they could
             not bill insurance. Therefore, the c linical director instructed CW8 to mark patients present,
             as long as they were somewhere in WAR's building, even if they were not actually in the
             room where therapy occurred or they otherwise refused to participate.

        g. In one instance, when CW8 worked at Compass Detox, the clinical director instructed CW8
           and other employees to complete over 90 missing therapy notes even for sessions they did
           not faci litate. On four to five instances, while CW8 worked at WAR, CW8 was instructed
           to pick up the patients and take them to yacht. No therapy was conducted on the yacht.
           Among others, J. MARKOVICH was on the yacht with the patients.

        h. Confidential Witness 9 ("CW9") was employed at WAR but left after fi nding W AR's
           operations to be so substandard. The first time CW9 arrived to conduct a therapy session,

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            CW9 observed patients lounging on couches, with female patients sitting on male patients'
            laps or laying on top of them. In CW9's view, WAR was not set up to provide therapy but
            rather as, in essence, a day care. On another occasion, one patient was noticeably high
            when CW9 arrived to WAR.

            92.     Trends & Examples: The EMRs and billing records confirm witness information

     concerning therapy services not rendered, improper documentation of therapy services, inadequate

     therapy, or therapy provided by underqualified individuals. These findings are significant both

     because Compass Detox and WAR falsely billed for therapy sessions that were not in fact provided

     or not adequately provided, but also because the primary service required under Florida regulations

     for residential treatment (Compass Detox), and PHP, IOP, and OP (WAR) is therapy.

        a. Among the approximately I 1,854 group therapy notes present in the EMR for the Compass
           Detox and WAR sample patients, patients were absent approximately 43% of the time.

        b. While the WAR group therapy notes in the sample population reveal a higher rate of
           purported attendance than do the Compass Detox notes in the sample population, the WAR
           group therapy notes evidence that WAR billed for inadequate and insufficient therapy
           services, as well as therapy not rendered. Among other problems identified in the WAR
           therapy notes, on multiple occasions, WAR therapy notes document that patients played
           cards, played on their phones, played on the computer, colored, slept, or simply refused to
           participate in the therapy, yet the same therapy notes indicate that the patients had actively
           listened, were receptive to feedback, and/or were compliant with group rules.

         c. For example, on or about December 2, 2019, through on or about December 6, 2019, claims
            data obtained from BCBS indicate that WAR provided intensive outpatient therapy of at
            least three hours a day and at least three days a week to Patient 18, which would be the
            minimum amount of therapy required under Florida regulations for IOP services, in which
            Patient 18 was enrolled. WAR billed approximately $5,550 for this claim. However,
            patient files reflect that the patient received no group therapy during this week.
            Specifically, the patient files contain no group therapy notes for December 3, 5, or 6, 2019
            for this patient and the therapy notes show the patient sleeping through or otherwise not
            participating in a mere three hours of therapy sessions on December 2 and December 4,
            20 19. In total, among this patient's multiple enrollments at Compass Detox and WAR,
            Compass Detox and WAR bi lled approximately $681,610 to BCBS for services
            purportedly provided to this patient, while Clinical Labs billed approximately $148,315 for
            testing conducted during this patient's stays at Compass Detox and WAR.




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                                Over-Medication Trends and Examples

            93.     Witness Statements: Consistent with Dr. Clark's findings, former employees and

     patients consistently describe how Compass Detox patients were regularly provided with a

     "Comfort Drink" and prescription drugs, to keep them doci le and compliant, and to entice them to

     remain at Compass Detox in order to keep getting such medications. Some examples of such

     testimony, and a photograph of Compass Detox's "Comfort Drink," are described below:

        a. CWl, a former member of Compass Detox's nursing staff, noted that DR. LIEBERMAN
           concocted the "Comfort Drink," which CWI understood included Benadryl, and other
           medications. Other witnesses noted their understanding that the Comfort Drink contained
           Benadryl, and a muscle relaxer.

        b. CW2 further noted that DR. LIEBERMAN came up with the "Comfort Drink" and tried
           different mixtures to change its effect on patients. CW2 recounted an instance where a
           patient took a comfort drink and started hallucinating, attempting to use Chapstick as a
           telephone to p lace an order for food.

        c. Confidential Witness 10 ("CW 10"), a licensed pharmacist, was a pharmacy consultant for
           Compass Detox. On multiple occasions, CWl0 identified issues w ith medications at
           Compass Detox, and flagged these issues in monthly reports for Compass Detox (a copy
           of which CW IO left at the pharmacy station and faxed to an emai l address that employment
           records indicate belongs to SANTEIRO's son, who is a Compass Detox employee and
           CEO of WAR). Nonetheless, the issues CW IO flagged were never resolved. For example,
           CWI 0 observed the "Comfort Drink" as several ounces of a green liquid, pictured below
           in a photo taken by CW I 0.




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             CW IO noted that the Comfort Drink was advertised at Compass Detox outside of the
             station where medications were distributed. A sign informed patients that they could not
             have their Comfort Drink until after they completed group therapy. CW IO asked nursing
             staff about the Comfort Drink but no one would tell him/her/them w hat was included.
             Although CW IO informed the director of nursi ng that the Comfort Drink was an improper
             form of compounding, it continued to be distributed to patients.

        d. Confidential Witness 11 (" CW I l "), a licensed practical nurse, and former Compass Detox
           employee, noted that DR. LIEBERMAN made it standard for patients to be able to request
           a Comfort Drink every three to eight hours. CW 11 observed that patients who were heroin
           users particularly liked the Comfort Drink, since it had a sedative effect.

        e. Numerous patients have described the effect of the Comfort Drink on them or other patients
           as heavily sedating. And Patient 7 noted that, whenever he/she/they wou ld leave Compass
           Detox, Patient 7 would be sick for several days because he/she/they would not have access
           to the Comfo1t Drink.

        f. CW4 worked as a behavioral health technician at Compass Detox, and reported that
             Compass Detox patients often looked like they were heavily sedated. For example, shortly
             after receiving medications, CW4 wo uld see patients slumped over with their cigarettes
             burning holes in their pants.

        g. Confidential Witness 12 (" CW 12" ) was employed on the nursing staff at Compass Detox.
           CW 12 reported that patients were never fully weaned off their medications. If patients
           complained to the owner (J. MARKOVICH) about not getting their medications, they
           would then be given the medications that they wanted. CW 12 was concerned about this,
           and other practices pertaining to medication, because this enabled the patient to remain
           dependent on medications and drugs.

        h. CW3 noted that patients also complained to J. MARKOVICH about being denied more
           drugs by nursing staff. J. MARKOVICH would e ither call or come into Compass Detox
           to tell the RN or Medical Director to give the patients the drugs.

        1.   CW I observed that patients frequently asked for additional doses of medication simply
             because they appeared to want it, not because they were presenting with symptoms that
             warranted it. When CW I pushed back on these requests, patients turned to GARNTO or
             another recruiter who wou ld call DR. LIEBERMAN to override nursing staff and provide
             the additional medication. As a result, patients were heavily sedated. Although CWl
             confronted J. MARKOVICH and D. MARKOVICH about this practice, it never seemed to
             change and CWl was met with resistance. Both J. MARKOVICH and D. MARKOVICH
             tried to convince CW I that "one extra dose won ' t hurt" the patient.




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            94.     Trends & Examples: The EMRs and bi lli ng records also confirm witness testimony

     described above about the use of the "Comfort Drink" to keep patients docile, and the

     overmedication of patients at Compass Detox.

        a. Based on a review of a sample of Compass Detox patient files, approximately 97% of the
           sample patients with dates of service dated in or around August 2018 or later were
           prescribed the comfort drink (also referred to in patient files as "comfort meds").

        b. Of those, DR. LIEBERMAN issued approximately 92% of the orders and DR. SANTEIRO
           issued approximately 8%.

        c. The Compass Detox patients in the sample also received orders, typically from DR.
           LIEBERMAN or DR. SANT ElRO, for anywhere from one to 57 medications upon
           admission. In at least I 00 instances in the sample, patients received orders for at least 40
           different medications in a single admission to Compass Detox.

        d. For example, Patient 19, one of the highest utilized patients at Compass Detox and WAR
           in terms of the amount these entities billed insurers, was admitted for the fifth of eleven
           times to Compass Detox on or about August 6, 2019. On August 8, 2019, as one example,
           the patient was administered at least eight different medications ordered by DR.
           LIEBERMAN, including antihistamines, anxiolytics, anticonvulsants, antipsychotics, anti-
           depressants, the comfort drink, and Subutex. Given all of these medications, it is not
           surprising that, three days later, DR. SANTEJRO described the patient's "mental status"
           as follows: "extreme sedation. slurred speech poor balance, stumbling. difficu lty staying
           awake." DR. SANTEIRO assessed the patient as " impaired" and recommended to "reduce
           meds," yet subsequent notes describe the patient as "sedated," "sleeping" throughout the
           day and "missing groups,""[c ]onstantly seeking meds and a way to ' not feel."'

            95.     Witness Testimony About Fraudulent Detox and Use of Illegal Drugs: Former

     employees and patients at Compass Detox and WAR detailed how patients were given illegal drugs

     by patient recruiters, including some of the defendants, prior to admission or re-admission to

     ensure they qualified for detox. The owners and operators of these facilities were told about this.

     Patients frequently used iliegal drugs at Compass Detox and WAR, often with no consequences

     nor changes in their treatment. These drugs not only provided a fraudulent basis for admission,

     but worked as a kind of kickback to get patients to attend these facilities, and to entice them to stay

     there. Examples of such testimony include:



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         a. CW2, a former employee of Compass Detox,6 noted that multiple patients at Compass
            Detox told CW2 that BOSCH supplied them with drugs.            CW2 confronted J.
            MARKOVICH and W ASERSTEIN about this multiple times, but the pair liked BOSCH
            and kept him on. After about s ix months of CW2 complaining, J. MARKOVICH and
            WASERSTEIN stopped allowing BOSCH to come inside Compass Detox, but still allowed
            him to recruit and drop off patients there.

         b. CW2 further noted that a fellow Compass Detox employee told CW2 that BAKHSHI and
            another employee sold drugs to WAR patients. CW2 was concerned about this and
            confronted J. MARKOVICH, who confirmed this was happening but indicated he
            instructed the employees not to do that a nymore. CW2 ultimately left Compass Detox
            because he/she/they grew increasingly frustrated about these practices.

         c. CW3 reported that Compass Detox provided benzodiazepines to patients so they wou ld
            test positive and thus be eligible for detox.

         d. CW7 recalled that patients were permitted to smoke marijuana at OASIS (WAR' s
            community housing).

         e. Patient 20 witnessed J. MARKOVICH provide his/her/their s ignificant other with $25 to
            leave Compass Detox and get hig h in summer 2017. Whenever the couple wanted to return
            to Compass Detox, they would contact GARNTO, who instructed them that they could not
            return if they were " clean." GARNTO would send someone to pick them up in Compass
            Detox's black SUV, and purchase heroin or alcohol for them to get high before returning.

         f. Before coming to Compass Detox, Patient 2, and another prospective patient with whom
              Patient 2 was in a relationship, contacted KU STU RA, who sent them small sums of money
              for drugs or alcohol so that they would be admitted to detox when they arrived. Before
              arriving at Compass Detox, KUSTURA instructed them to exaggerate how much they had
              been using in the past few days so that they would get more medication.

         g. In or around April 2019, GARNTO sent Patient Broker 2 and Nurse 1 to pick up Patient 3
            and his/her/their significant other from another detox, get them high, and bring them to
            Compass Detox.

         h. GARNTO told Patient 5 and another Compass Detox patient that they had to have " dirty"
            urine before they could come back to Compass Detox, and GARNTO provided the money
            to accomplish this.

         1.   Patient 7 gave " Mario" (known to agents as KUSTURA) small sums to get Patient 7 drugs,
              with the understanding that Patient 7 would use those drugs to get readmitted to Compass


     6
      CW2 may have criminal exposure for supplying drugs and/or alcohol to patients under the direction of J.
     MARKOVICH and GARNTO, but has not been charged.


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            Detox. As described in the kickback section, "Mario" also offered to pay Patient 7 to attend
            Compass Detox and WAR.

            96.     The use of illegal drugs to patients to ensure admission was inherently dangerous.

     Indeed, at least two Compass Detox patients overdosed (and fortunately survived) on the illegal

     drugs recruiters provided by conspirators.

        a. For example, Patient 21 was a Compass Detox patient along with his/her/their significant
           other. Patient 21 got to know Patient Broker 2, who was in a relationship with Nurse I.
           On or about March 13, 2019, Patient Broker 2 left Compass Detox to get high and returned
           with marijuana, which Patient 2 1, Patient Broker 2, and other patients smoked in the
           courtyard of Compass Detox, and later they all went to buy more. Compass Detox's
           clinical director kicked Patient 2 1 and his/her/their significant other out the next day, and
           claimed that their discharge was against medical advice. Patient 2 1 and his/her/their
           significant other went to a Wal-Mart and called Nurse 1 for help, who put them up in a
           hotel for the night. The following day, Nurse I drove Patient 21, Patient 2 1's significant
           other, and Patient Broker 2 to Overtown in M iami to purchase drugs. Patient Broker 2 got
           out of the car and purchased several small baggies of illegal drugs.

        b. Patient 21 snorted his/her/their potion and woke up in the hospital the next day, where,
           according to patient files, Patient 2 1 had been unresponsive upon arrival and required two
           shots of Narcan to revive. The hospital records reflect that the substance Patient Broker 2
           purchased for Patient 21 was fentanyl. GARNTO transferred $1,000 to Nurse 1 from
           Mended Bridge Investments' account e nding in x3563 the day before Nurse 1 drove Patient
           21 to obtain the fentanyl.
        c. Likewise, Patient 1 stated (which police records obtained by law enforcement confirm) that
           he/she/they overdosed in the bathroom of a gas station with heroin that KUSTURA gave
           him/her/them. KUSTURA, who was present for the overdose, was arrested on the scene
           for his possession of cocaine, and his crimina l case is pending in Broward County. The
           arresting officer reported that KUSTURA had a syringe in his pocket. Patient 1 was a lso
           paid to get high by KUSTURA while at WAR so that he/she/they could be readmitted to
           Compass Detox for detox. Patient estimated that this occurred 3-4 times over l O months.

                                     Patient Recycling and Examples

            97.     Witness Testimony About Patient Recycling: Former employees and patients noted

     that the same patients were frequently readmitted and recycled to Compass Detox and WAR,

     maximizing revenue in a recurring loop in which their treatment was not modified despite the fact

     that it clearly was not working, as explained below:

         a. CW I described Compass Detox as a revolving door for patients, recalling specific patients
            who had multiple admissions during CW I's tenure. CW 1 felt was no planning for a

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              patient's eventual discharge and, when patients were discharged, they were often sent to
              facilities or programs known to be "drug-infested," where they would often relapse and
              return to Compass Detox.

         b. CW2 noted that any patient that ultimately relapsed at WAR would end back up at Compass
            Detox; J. MARKOVICH and GARNTO endorsed this practice.

         c. Confidential Witness 13 ("CW 13") was a nurse at Compass Detox. CW 13 noticed at least
            30 patients that had continuously been recycled through Compass Detox, and would at
            times " piggyback" off other patients' insurance if they did not have insurance themselves
            (especially if the patients were in a relationship). 7

         d. Confidential Witness 14 ("CW 14") was employed at Compass Detox and at WAR. CW 14
            stated that Compass Detox had a number of "frequent flyer" patients and that it was
            basically a "hotel" for patients where patients could do whatever they wanted, including
            leave and come back, as long as they had good insurance.

         e. Confidential Witness 15 ("CWl 5") witnessed patients coming back to Compass Detox
            shortly after leaving, some up to three times, which CW 15 found excessive since the
            facility opened in April 2017.

         f.   CW5 was employed on Compass Detox' utilization review staff. Patients at Compass
              Detox were recycled frequently, and they wanted more drugs when they came back to
              Compass Detox.

         g. CW7 could not think of a single patient at WAR who actually got better after attending
            WAR. To the contrary, nearly all of the patients were recycled back to an inpatient facility,
            mostly to Compass Detox.

              98.    Trends & Examples: EM Rs and billing records support statements from w itnesses,

     described above, concern ing the practice ofrecycling patients through Compass Detox and WAR,

     and of admitting patients to detox- the highest level of care- when not medically necessary

     because patients were often supplied drugs just prior to admission.

         a. According to the EMRs, approximately 411 patients were admitted to Compass Detox two
            or more times, with 237 of those having at least three admissions, and 92 having five or
            more admissions.



     7
      CW 13 also recalled patients who were kicked out if their insurance stopped paying for treatment or had
     run out, and, when that happened, the patients would be dropped off at or near a hospital even if they had
     not finished treatment.


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         b. For example, on or about July 26, 2019, claims data obtained from BCBS indicate that
            Compass Detox provided detox services to Patient 4. Compass Detox bi lled approximately
            $4,326 for this claim. In July 2019, BAKHSHI provided Patient 4 with drugs to take before
            dropping the patient off at Compass Detox so that the patient would test positive upon
            admission. The patient's admission paperwork confirms that detox was fraudu lently billed
            for this patient, reflecting only "intoxication" (caused by BAKHSHI) as a symptom
            justifying detox. Yet, according to Patient 4's billing records, the patient had been in
            treatment for at least the preceding four months until the day before the patient was
            admitted to Compass Detox on the basis ofa relapse faci litated by BAKHSHI.

         c. Likewise, on or about September I, 20 I 9, claims data obtained from Aetna indicate that
            Compass Detox provided detox services to Patient 19.              Compass Detox billed
            approximately $3,304 for this claim. DR. LIEBERMAN admitted the patient for detox,
            even though patient files reflect that, except for about 15 days, the patient had been in
            treatment at Compass Detox and WAR since on or about January 24, 2019. Indeed, the
            patient' s admission paperwork from on or about September 1, 2019, indicates that the
            patient was not eligible for detox, reflecting a statement from the patient that, "Patient
            states that [patient] is not currently withdrawing because [patient] just recently used and
            [patient] is on sub maintenance." In my experience, "sub maintenance" refers to Subutex
            or Suboxone, a buprenorphine product used in the treatment of opioid addiction .

                                Fraudulent Urinalysis Trends and Exam ples

             99.     Witness Statements:      CW I indicated that SANTEIRO ordered excessive and

     medically unnecessary urinalyses. 8 In CWl 's view, Compass Detox should have only conducted

     urinalyses randomly or if they suspected someone of using drugs, but UAs were ordered much

     more frequently. CW 1 noted that GARNTO owned Laboratory Pros, which itself owned Lab 1.

     Compass Detox sent UAs to Lab l. Likewise, according to CW 1, blood work results ordered by

     Compass Detox were not reviewed by a doctor.

             100.    Similarly, CD! met with WASERSTEIN and J. MARKOVICH as they were setting

     up Compass Detox. CD I explained urinalysis testing to WASERSTEIN and J. MARKOVICH,

     including advising both of them that the panels run should be tailored to the nature of the patient' s

     addiction. CD 1 got the impression that the pair did not understand the role of urinalysis in


     8
       And CW I noted that SANTEIRO gave his son, an employee of Compass Detox and CEO or WAR, his
     log in information for the EMRs so that his son could sign off on treatment information such as UA results
     on SANTEIRO's behalf.

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     treatment, as their questions for CD I largely focused on how many clients C D I could send to

     Compass Detox, how to get patients with the best insurance policies that pay the most money, and

     how to keep Compass Detox's beds full. Later, both J. MARKOVICH and GARNTO threatened

     to move urinalysis samples away from CD l's lab if CDI would not pay for the samples, which

     CD I refused to do. GARNTO then moved the account to Lab I.

            10 I.   CW3 recalled that Compass Detox changed which urinalysis lab they used twice

     during the time that CW3 worked at Compass Detox. Initially, Compass Detox used a lab whose

     owner would refer patients to Compass Detox. But since the individual did not refer enough

     patients to Compass Detox, Compass Detox moved to a different lab.

            102.    Trends & Examples: EMRs and billing records confirm, as w itnesses described,

     that Compass Detox and WAR ordered medically unnecessary and excessive urinalyses, bi lled by

     the Clinical Labs, including a lab in which GARNTO has a financial interest (Laboratory Pros).

        a. Based on a review of a sample of Compass Detox and WAR patient files, DR. SANTEIRO
           ordered approximately 100% of confirmatory urinalysis tests identified in the sample.

         b. Approximately 85% of those orders contained the following blanket statement of medical
            necessity: "It my my [sic] professional opi nion the screen test results are not sufficiently
            detailed to allow me to determine a need for changes in the treatment plan or consider
            medication management of cl ient's symptoms."

        c. Despite claiming in the statement of medical necessity that the confirmatory testing was
           needed because the POC screen results were not sufficiently detailed, in approximately
           59% of the confirmatory urinalysis orders in the sample, a box was checked for "drug panel
           screen by EIA." In my experience, "ElA" stands for "enzyme immunoassay," a type of
           laboratory testing that, like POC screens, only identifies positive or negative results.

        d. Furthermore, for approximately 59% of the confirmatory UAs that DR. SANTEIRO
           ordered for patients in the sample, there is either no record in the EMRs that DR.
           SANTEIRO ever reviewed the POC screen results, or, the EMRs indicate that DR.
           SANTEIRO reviewed the POC results after the confirmatory UA was ordered.

        e. For example, on or about September 6, 2019, claims data obtained from BCBS indicate
           that Lab 4 conducted a definitive urinalysis test for 15-21 drug classes for Patient 16. Lab
           4 billed approximately $2,250 for this claim. This was the eighth of 14 tests ordered by

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             DR. SANTElRO every roughly 1-7 days while Patient 16 was in PHP and IOP treatment
             at WAR, including urinalysis tests ordered by DR. SANTElRO on September 2, 2019 (four
             days before the claim referenced above) and September 4, 2019 (two days before the claim
             referenced above). Although DR. SANTEIRO continuously certified in his medical
             necessity statement that the POC screen results, which only show whether the patient was
             pos itive or negative for substances, were "not sufficiently detailed" to treat the patient, all
             three orders by DR. SANTEIRO order both a confirmatory test and an additional
             presumptive screen, without explaining why an additional presumptive screen would be
             any more detailed than the POC screen. EMRs contain no record that DR. SANTEIRO
             ever signed off on the results of these three tests, or that the patient's treatment plan was
             revised within the time period of these three tests to reflect their resu lts.

        f.   Likewise, on or about August 25, 2018, claims data obtained from BCBS indicates that
             Laboratory Pros (GARNTO's lab) conducted a definitive drug test for 22 or more
             substances for Patient 22. Laboratory Pros billed approximately $4,200 for this claim. On
             or about August 25, 2018, SANTElRO ordered a presumptive and definitive urinalysis test
             following a POC screen for this patient, the third such set of tests ordered by DR.
             SANTElRO for this patient within four days. In addition, DR. SANTEIRO ordered
             presumptive and definitive urinalyses tests following a POC for this patient on August 2 1,
             2018, even though SANTEIRO did not sign off on the POC test results until August 22,
             2018, and therefore could not have known whether further, more expensive and precise
             testing was medically necessary. Despite so many lab tests, there are no documented
             revis ions to this patient's treatment plan. Finally, although this patient was discharged on
             August 31, 20 18 at 9:00 a.m., DR. SANTEIRO ordered a confirmatory UA the same day,
             and the urine was collected a mere nine minutes before the patient's discharge.

                              Fraudulent Chiropractic Trends and Examples

             103.    Witness Statements:      According to CW 1, Compass Detox referred numerous

     patients for chiropractic services through a chiropractor that was friends with the MARKOVICH

     family, even though Compass Detox conducted no physical exam or screen to determine if a patient

     actually needed chiropractic services. Patient 4, a former Compass Detox patient, also recalled

     that his/her/their insurance was billed for massage therapy that he/she/they never received, and

     Patient 5 recalled receiving services but stated that he/she/they did not need them.

             104.    Trends & Examples: Patient files and billing records confirm that the chiropractic

     services supposedly provided by DR. DRAESEL were medically unnecessary.

        a. Out of the approximately 307 distinct patients for whom DR. DRAESEL billed the
           Insurance Plans for services, approximately 234 of them (76%) were also Compass Detox


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           patients. In other words, the vast majority of DR. DRAESEL 's chiropractic patients
           reflected in insurance billing records obtained by law enforcement originated from often
           falsified referral orders from Compass Detox.

        b. Approximately 96% of the sample Compass Detox patients with dates of admission in or
           around April 20 18 or later were referred for chiropractic services by Compass Detox.

        c. ln many instances, the chiropractic referral orders do not document any pain experienced
           by the patient warranting ch iropractic services or do document pain, but contradict other
           adm issions paperwork filled out by Compass Detox staff.

        d. For example, on or about December 3, 2018, claims data obtained from BCBS indicate that
           DRAESEL performed six procedures on Patient 5, totaling approximately $720 billed.
           This service was supposedly rendered by DR. DRAESEL on December 3, 2018, a day after
           the patient discharged from Compass Detox and, according to fl ight records, flew back to
           New York. Even if this service was somehow provided as billed, Patient 5 told
           investigators that he/she/they did not have pain and did not need chiropractic services.
           Indeed, Compass Detox's referral order does not identify any pain experienced by the
           patient (and in fact, boxes for Back Pain, Neck Pain, Extrem ity Pain, and Headaches are
           all blank). Instead, the referral was for "improved overall function." Confirm ing that this
           patient had no pain warranting such services, the patient's admission paperwork checks
           "No" in response to questions about any current, chronic, or reoccurring physical pain and
           states that his/her/their " pain score" is "0" on a 0-10 scale.

        e. Similarly, on or about April 15, 2019, claims data obtained from BCBS indicate that DR.
           DRAESEL purportedly performed five procedures on Patient 23 totaling approx imately
           $4,395 billed. These procedures included office v isits and therapeutic services. According
           to patient files, on April 14, 2019, a member of the nursing staff signed a chiropractic
           referral order for Patient 23 for "evaluation and treatment" with respect to " back pain,"
           "neck pain," "headaches/migraines," " improved range of motion and peak performance,"
           and "improved overall function." Yet on the same day, when this patient was screened for
           pain in an admission assessment, the patient supposedly reported no physical pain at that
           time and no signi ficant, reoccurring or chronic physical pain the preceding six months.

                     Examples of Multiple Trends Affecting Patients' Treatment

            105.    Law enforcement has identified numerous additional examples in the patient files

     where multiple concerning trends coalesce to mar a g iven patient's treatment. Two illustrative

     examples are described herein.

            I 06.   Comprehensive Example t: Patient files reflect that Patient 24 was discharged

     from a second admission to Compass Detox on June 24, 2019, and admitted to WAR the same


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     day, despite stating in group therapy three days earlier that "when I was at WAR [previously] I

     stopped doing some of the things that got me clean time." Patient 24 subsequently spent roughly

     130 days enrolled for services at WAR, where seven (over one-third) of the patient's urine samples

     conducted in response to DR. SANTEIRO's orders reflected indicators of invalidity, such as pH

     levels outside the normal range. The patient's EMRs do not reflect that this was ever addressed

     with the patient and the patient was discharged "successfully."

             I 07.   Three days after discharge from WAR, DR. LIEBERMAN readmitted Patient 24

     to Compass Detox for detox treatment, which is meant for individuals who are physically

     dependent on substances and are experiencing withdrawal symptoms, not for someone who had

     just successfully completed months of outpatient services. The patient's intake paperwork reflects

     that he/she/they sought treatment at Compass Detox not because the patient was eligible for detox,

     but because the patient wanted "to get off the streets" because they had been " kicked out" of their

     sober home. Ironically, DR. LlEBEMAN's admission order identifies "failure at outpatient level

     of care" as one of the justifications for admission, even though WAR's records said the patient

     completed outpatient care "successfully." DR. LIEBERMAN 's admission order does not even

     check off the box for "requires detox to establish and or to stabilize medication regimen and

     implement a treatment plan."

             I 08.   Comprehensive Example 2:        Patient 25 is among the top five highest utilized

     patients at Compass Detox and WAR, according to billing records obtained by law enforcement.

     In total, Compass Detox and WAR billed approximately $900,814 for services purportedly

     provided to this patient, whi le Clinical Labs billed approximately $211,70 I for testing purportedly

     conducted during this patient's stays at Compass Detox and WAR. This patient was recycled to

     Compass Detox thirteen times and experienced many of the concerning trends reflected above.



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        a. During this patient's second admission to Compass Detox, five of the patient's eight
           UAs- all five of which were ordered and signed off on by DR. SANTEIRO- reflected
           results suggestive of inval id uri ne, which the EMRs do not show was ever addressed w ith
           the patient. In addition, the patient was absent for or did not participate in the majority of
           his/ her/their group therapies, yet was discharged as having "successfully" completed
           treatment.

        b. In this patient's fourth admission to Compass Detox, a file note from the day before the
           patient was discharged states that the patient was at "very high risk of relapse," "absent for
           majority of group therapies," "declined family session," had "shown minimal progress,"
           "demonstrated a low level of motivation," "engage[d] in med seeking behaviors," and
           "don't fuck with" a sponsor. Nonetheless, the patient was discharged as having
           successful ly completed treatment.

        c. During the patient's eighth admission to Compass Detox, the patient again supposedly
           "successfully" completed treatment then was transferred to WAR for outpatient treatment.
           In the patient's WAR admission paperwork, the patient supposedly stated that he/she/they
           consumed alcohol and cocaine on days that patient files reflect that the patient was in
           treatment at Compass Detox. The patient was later admin istratively discharged from
           WAR-without further explanation in the discharge paperwork- and sent back to
           Compass Detox for the ninth time, where admission paperwork indicates that the patient
           had relapsed while at WAR.

                     3.        Addition al Evidence of Substance Abuse Treatment Fraud

             I 09.        Beyond patient files and billing records, prescription drug monitoring program

     ("POMP") data, DCF and Department of Health documents, banking, and other records

     corroborate and provide further evidence of the scheme.

                     Improper Buprenorphine Prescriptions Reflected in PDMP Data

            110.      According to PDMP data, both DRS. SANTIERO and LIEBERMAN prescribed

     buprenorphine in bulk to Compass Detox patients, and they did so under their DEA licenses, not

     their Practitioner/OW licenses wh ich are supposed to be used for such prescriptions. This is

     problematic because Practitioner/OW licenses allow doctors to treat a specific number of patients

     w ith buprenorphine, but bulk prescriptions to an entity obscure those patient limits.

             111.     DR. SANTEIRO wrote approximately 88 prescriptions for approximately 12,420

     pills of buprenorphine to Compass Detox as a patient (i.e. , the "patient" to whom the prescription


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     was written was an entity, not an individual patient), while DR. LIEBERMAN wrote

     approximately 61 prescriptions for approximately 13, 145 pills ofbuprenorphine to Compass Detox

     as a patient.

             112.    Even more alanning, both DRS. SANTEIRO and LIEBERMAN prescribed

     buprenorphine to Compass Detox patients, while those patients already had unexpired

     prescriptions from other doctors. Title XL VI, Florida Statutes, Chapter 893.055(8) requires a

     prescriber to consult the prescription drug monitoring system " to review a patient's controlled

     substance dispensing history before prescribing or dispensing a controlled substance" to an adult

     patient. This requirement exists to avoid the issuance of overlapping prescriptions which can lead

     to diversion of controlled substances. For example:

         a. For example, for Patient 19, DR. LIEBERMAN wrote a prescription on August 17, 20 I 9
            for buprenorphine 2mg table SL for 90 tablets, intended to last 30 days. The prescription
            was filled using commercial insurance on August 17, 2019, meaning that it would expire
            on September 16, 2019. But on August 28, 2019, DR. SANTEIRO wrote an overlapping
            prescription for buprenorphine 2mg tablet SL for 15 tablets, intended to last for 5 days.
            This was paid for with "private pay," which, in my experience means cash or credit card.

         b. Furthermore, for Patient Broker I, an unrelated doctor prescribed buprenorphine 8mg tablet
            SL on August 9, 2019 for 30 tablets, intended to last 30 days. The prescription was filled
            August 9, 2019 and therefore would have expired September 8, 20 19. However, on August
            22, 2019, DR. SANTEIRO wrote a prescription for buprenorphine 8mg tablet SL for 45
            tablets, intended to last 30 days.

         c. Likewise, for Patient 26, DR. LIEBERMAN wrote a prescription on or about January 29,
            2019 for a 30-day supply of buprenorphine 2mg tablet SL, consisting of 60 tablets. As this
            prescription was filled on January 29, 2019, the supply would have lasted unti l February
            28, 2019. However, on February 15, 2019, DR. SANTEIRO wrote the same patient
            another prescription for a 30-day supply of buprenorphine 2 mg tablet SL, consisting of 30
            tablets. The first prescription was paid with commercial insurance, while the second was
            paid with " private pay."

             113.    These overlapping prescriptions, of which these are just three non-exhaustive

     examples, are cause for real concern. In her review of patient files, billing records, and PDMP

     data, Dr. Clark found that DRS. SANTEIRO and LIEBERMAN overuti lized the most abusable

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Case 0:21-cr-60020-WPD Document 1 Entered on FLSD Docket 09/27/2020 Page 51 of 62




     version of buprenorphine. It is the standard of care to prescribe the combo product (buprenorphine

     plus naloxone, "Suboxone") for patients unless they are pregnant or have documented allergies.

     The mono product ("Subutex") does not contain the blocker and is not an abuse deterrent

     formulation. It has higher street value, is more likely to be used intravenously, and therefore

     should not be the formulation used for most patients. LIEBERMAN and SANTElRO used the

     less appropriate mono product, Subutex, at a ratio of approximately 11: I to the preferred abuse

     deterrent formulation combo product.

                       Improper Compounding of Medications at Compass Detox

             114.   Although Compass Detox maintains an Institutional Class II Type B pharmacy

     license, this license does not authorize Compass Detox to create compound medications. The

     "Comfort Drink" therefore was compounded in violation of Florida law. Patient files reflect that

     the comfort drink consisted of a combination of different medications which changed over time,

     but some examples documented in patient files include the following mixtures: (a) benadryl 25mg,

     phenergan 25mg; (b) Vistaril 50mg, Zanaflex 2mg, phenergan liqu id 10cc; (c) propranolol, bentyl,

     and/or Benadryl; and (d) propranolol and bentyl. 9 As reflected above, CW I 0, the pharmacy

     consultant, flagged this for Compass Detox multiple times but the issue went unaddressed.

                               Certain Defendants' Representations to DCF

             115.    Without DCF licensure, the Insurance Plans would not have paid for any services

     billed by Compass Detox or WAR.            As described below, several defendants, among other

     individuals, were involved in securing DCF approvals for Compass Detox and WAR.

         a. DCF requires the CEO of any substance abuse faci lity licensed through them to sign off on
            the faci lity's policies and procedures. J. MARKOVICH and D. MARKOVICH were both,
            at various times, CEO of Compass Detox, whose policies and procedures impose

     9
       I understand that Benadryl, phenergan, and Vistaril are antihistamines; Zanaflex and bentyl are muscle
     relaxants; and Propanolol is a beta blocker.


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Case 0:21-cr-60020-WPD Document 1 Entered on FLSD Docket 09/27/2020 Page 52 of 62




            substantial obligations on the CEO, inc luding "fu ll responsibility for the overall operation"
            and approval of "medical protocols."

         b. Likewise, DC F records reflect that J. MARKOVICH wrote letters to DCF certifying that
            Compass Detox was complying with Florida regulations a nd promising to ensure that
            Compass Detox "will have a safe, compliant, and nurturing env ironment" for patients.

        c. Furthermore, in a Medical Director Agreement signed by J. MARKOVICH and DR.
           SANTEIRO dated on or about December 9, 2016, DR. SANTEIRO agreed to ensure
           Compass Detox's compliance with federal and state law, oversee operations, co-chair
           uti lization review activities, develop medical policies, and assure completion of a ll
           physician documents. Consistent with these obligations, DR. SANTEIRO's signature
           appears on a letter submitted to DCF in January 2020 representing that that Compass Detox
           in fact complies w ith appl icable laws.

        d. DCF records reflect that, on or about December l 9, 2018, WASERSTEIN emailed a DCF
           representative, providing a copy of WA R's policies and procedures for DCF review and
           noting that these policies were " identical to other policy and procedures already approved
           by your department," and offering to provide any assistance needed to "expedite this
           matter," i.e., WAR's licensing. WASERSTEIN noted that " [w]e are very anxious to open
           and begin our work in helping the community. We have numerous patients waiting for us
           to open and seek treatment." As relevant here, these policies and procedures contained
           requ irements for individualized treatment plans and minimum therapy requirements.

                              D. EVIDENCE OF MONEY LAUNDERING

                               1. Conspiracy to Commit Money Laundering

             11 6.   WASERSTEIN, J. MARKOVICH, GARNTO, and others conducted, and

     conspired to conduct, financial transactions, including (1) monetary transactions greater than

     $10,000 in criminally derived proceeds, and (2) financ ia l transactions to disguise the fact that they

     funded lavish personal expend itures with the proceeds of health care and wire fraud, i.e., the nature,

     source, control, and ownership of certain funds. T hey accomplished this by moving proceeds from

     various Compass Detox and WAR corporate accounts, which J. MARKOVIC H control led, to

     various companies created or managed by WASERSTEIN, J. MARKOVICH, and GARNTO .

             117.    On or about September 26, 20 17, account x3275 was opened in the name of

     Compass Detox. J. MARKOVIC H is the current signatory. S ince its open ing, account x3275 has



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Case 0:21-cr-60020-WPD Document 1 Entered on FLSD Docket 09/27/2020 Page 53 of 62




     received approximately $30,380,6 17 in funds from private insure rs, including the Insurance Plans.

     As described above, much of these deposits a re proceeds of health care offenses and wire fraud.

            118.    Companies managed by J. MARKOVICH and WASERSTE IN have received

     substantial funds from account x3275, as reflected below.

        a. Waterstone Capital M anagement:           Roughly every month, Waterstone Capital
           Management, which is managed by W ASERSTEIN, received an approximately $30,000
           payment via check from Compass Detox typically sty led as a " profit distribution," as well
           as larger end-of-year distributions. For example, on or about December 12, 2018, J.
           MARKOVICH signed check no. 5726 in the amount of $480,000 from account 3275 in the
           name of Compass Detox to Waterstone Capital Management. In total, Waterstone Capital
           Management has received at least $1,206,000 via check from Compass Detox. Banking
           records for Waterstone Capital Management account ending in x3551, of which
           WASERSTEIN is a signatory, reflect these deposits and confirm that this account is used
           for personal or business expenses unrelated to the treatment of substance abuse patients.

        b. Asakim 18: Roughly every month, Asakim 18, wh ich is managed by J. MARKOVICH,
           received an approximately $30,000 payment via check from Compass Detox styled as a
           monthly "profit distribution," as well as larger end-of-year distributions. For example, on
           or about December 12, 20 18, J. MARKOVICH s igned check no. 5727 in the amount of
           $480,000 from account 3275 in the name of Compass Detox to Asakim 18. In total,
           Asakim 18 has received at least $ 1,206,000 via check from Compass Detox. Banking
           records for Asakim 18 account ending in x8632, of which J. MARKOVICH is a signatory,
           reflect these deposits and confirm that this account is used for personal or business
           expenses unrelated to the treatment of substance abuse patients.

        c. Waterstone Healthcare Management: Roughly every month, Waterstone Healthcare
           Management, which is joi ntly ma naged by Asakim 18 and Waterstone Capital
           Management, received monthly payments (ranging from $50,000 to $ 100,000) via check
           from Compass Detox styled as a monthly "management fee." For example, on or about
           December 31, 201 8, J. MARKOVICH signed check no. 5776 in the amount of $200,000
           from account 3275 in the name of Compass Detox to Waterstone Healthcare Management.
           In total, Waterstone Healthcare Management has received at least $3.3 million via check
           from Compass Detox. Banking records for Waterstone Healthcare Management account
           ending in x9200, o f which J. MARKOVICH is a s ignatory and relatives of J.
           MARKOVICH and WASERSTElN are cardholders, reflect these deposits and confirm that
           this account is used fo r personal expenses unrelated to substance abuse treatment.

        d. Right Direction Recovery: Roughly every month, Right Direction Recovery, which is
           managed by J. MARKOVICH and WASERSTEIN, received approximately $ 100,000 via
           check from Compass Detox styled as a monthly "consu lting fee." For example, on or about
           December 31, 2018, J. MARKOVICH signed check no. 5779 in the amount of $500,000
           fro m account 3275 in the name of Compass Detox to Right Direction Recovery. In total,


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Case 0:21-cr-60020-WPD Document 1 Entered on FLSD Docket 09/27/2020 Page 54 of 62




            Right Direction Recovery has received at least $3 million via check from Compass Detox.
            Banking records for Right Direction Recovery account ending in x9122, of which both
            WASERSTEfN and J. MARKOVICH are signatories, reflect these deposits and confirm
            that this account is used for personal expenses unrelated to substance abuse treatment.

            119.   GARNTO used accounts x2226 and x3563 held in the name of Recovery Empire

     and Mended Bridge Investments to conceal profits from Laboratory Pros and WAR. For example,

     on October 11, 2019, J. MARKOVICH signed check no. 001138 in the amount of approximately

     $44,776 from account number x8858 in the name of WAR to Recovery Empire. In total, Recovery

     Empire has received approximately $147,830 from Compass Detox and WAR and Mended Bridge

     has received approximately $318,766. The assets in these accounts are used to fund GARNTO's

     personal expenditures, as well as kickback payments to other recruiters and patients.

            120.    Beyond the use of shell companies to funnel large sums out of Compass Detox and

     WAR, J. MARKOVICH and WASERSTEfN also utilized Ness Group Foundation, a supposed

     non-profit organization for which they (along with D. MARKOVICH) are directors, to secure two

     loans that WASERSTEfN then used in his real estate business. Specifically:

        a. On or about December 26, 2018, J. MARKOVICH signed check no. 5755 in the amount
           of $1,000,000 from account x3275 in the name of Compass Detox to Ness Group
           Foundation. The check's memo reads "charitable contribution." This check was deposited
           on December 31, 2018 in Ness Group Foundation's money market account x9575. On
           February 22, 20 l 9, WASERSTEfN was approved for a $1,000,000 line of credit no. x7850
           to be extended to Jade Holdings for "investment purposes," including "Real Estate
           Investment." This line of credit was collateralized by Ness Group Foundation's money
           market account. On February 22, 2019, a portion of the line of credit (approximately
           $775,674.69) was deposited as an "advance from new loan" in Jade Holdings' account, the
           bulk of which (approximately $772, 174.69) was immediately transferred by wire to
           Company 1, of which WASERSTEIN as a director.

        b. Likewise, on June 26, 20 19, J. MARKOVICH initiated a $1,000,000 wire transfer from
           Compass Detox account x3275 to Ness Group Foundation's account x8769 as a
           "contribution." The next day, on June 27, 2019, J. MARKOVICH and WASERSTEIN
           invested the $1,000,000 in a certificate of deposit ("CD") account x2971. This CD was
           then used to collateralize a $1,000,000 line of credit under loan number x0090 with a loan
           date of June 27, 20 I 9. According to the loan documents, the purpose of the loan was to
           finance "working capital needs for a real estate investment company in Miami, FL. These

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Case 0:21-cr-60020-WPD Document 1 Entered on FLSD Docket 09/27/2020 Page 55 of 62




             working capital needs will include the purchase of various real estate properties in Miami,
             along w ith other related expenses they may incur." The loan proceeds were transferred to
             Company I, which later repaid the loan.

             121.    In total, whether through payroll, or other payments, either to personal accounts or

     to accounts held in the name of their companies, J. MARKOVICH, WASERSTEIN, and

     GARNTO had access to the fo llowing sums from Compass Detox a nd/or WAR over the course of

     the conspiracies:

                           Defendant Name                  Approx. Total Receipts
                           J. MARKOVICH                        $11 .2 million

                             WASERSTEIN                          $8.9 million

                               GARNTO                           $ 1.7 mi llion 10



                                    2. Substantive Money Laundering

             122.    W ASERSTEJN a lso knowingly engaged in monetary transactions in criminally

     derived property greater than $ I 0,000, knowing that the property was derived from a specified

     unlawful activ ity.

             123.    For example, on or about December 17, 2018, WASERSTEIN signed check no.

     1107 in the amount of approximately $200,000 from account number x355 I in the name of

     Waterstone Capital Management to Company 2, of which documents on file w ith the Florida

     Secretary of State indicate W ASERSTEIN is a manager. WASERSTEIN deposited the check in

     Company 2's account number x9 l 15, then, the same day, s igned check no. 1403 in the amount of

     approximately $200,000 from account number x9 l l 5 in the name of Company 2 to "Richard

     Waserstein."


     10
       This includes the approximate $635,000 value of a property quit claimed to GARNTO by a company
     managed by W ASERSTEIN. This excludes proceeds from Laboratory Pros, discussed above in this
     Affidavit at Paragraph 76.

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Case 0:21-cr-60020-WPD Document 1 Entered on FLSD Docket 09/27/2020 Page 56 of 62




            124.    In addition, on or about February 28, 2019, WASERSTEIN s igned check no. 1002

     in the amount of approximately $638,259 from account number x9 I 22 in the name of Right

     Direction Recovery to Company 1, of which , as described previously, Florida Secretary of State

     records indicate WAS ERSTE IN is a director. W ASERSTEIN deposited this check on or about

     March I , 2019 in Company l's account x2369.

        E. EVIDENCE OF J. MARKOVICH'S FALSE STATEMENTS TO A FINANCIAL
           INSTITUTION, BANK FRAUD, AND WIRE FRAUD

                                    The Paycheck Protection Program

             125.   The Coronavirus Aid, Relief, and Economic Security ("CARES") Act is a federal

     law enacted in or around March 2020 and designed to provide emergency financial assistance to

     the m illions of Americans who are suffering the economic effects caused by the COYID-19

     pandemic. One source of relief provided by the CARES Act was the authorization of up to $349

     billion in forgivable loans to small businesses for job retention and certain other expenses, through

     a program referred to as the Paycheck Protection Program (" PPP"). In or around April 2020,

     Congress authorized over $300 billion in additional PPP funding.

             126.   In order to obtain a PPP loan, a qua lifying business must submit a PPP loan

     application, which is s igned by an authorized representative of the business.       The PPP loan

     application requires the business (through its a uthorized representative) to acknowledge the

     program rules and make certain affirmative certifications in order to be e ligible to obtain the PPP

     loan. In the PPP loan app lication, the small business (through its authorized representative) must

     state, among other things, its: (a) average monthly payroll expenses; and (b) number of employees.

     These figures are used to calculate the amount of money the smal l business is eligible to receive

     under the PPP. In addition, businesses applying for a PPP loan must provide documentation

     showing their payroll expenses.


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Case 0:21-cr-60020-WPD Document 1 Entered on FLSD Docket 09/27/2020 Page 57 of 62




            127.    A PPP loan application must be processed by a participating lender. If a PPP loan

     application is approved, the participating lender funds the PPP loan using its own monies, which

     are 100% guaranteed by Small Business Administration ("SBA"). Data from the application,

     including information about the borrower, the total amount of the loan, and the listed number of

     employees, is transmitted by the lender to the SBA in the course of processing the loan.

            128.    PPP loan proceeds must be used by the business on certain permissible expenses-

     payroll costs, interest on mortgages, rent, and utilities. The PPP allows the interest and principal

     on the PPP loan to be entirely forgiven if the business spends the loan proceeds on these expense

     items within a designated period of time after receiving the proceeds and uses a certain amount of

     the PPP loan proceeds on payroll expenses.

                                           Relevant PPP Lender

             129.   Lender I is a federally insured financial institution based in Florida.

                                          Overview of the Fraud

             130.   As described further below, evidence gathered in the investigation demonstrates

     that, from in or around April 2020 through in or around May 2020, J. MARKOVICH submitted,

     or caused to be submitted, fraudu lent loan appl ications to Lender I to obtain funds through PPP.

            13 1.   In connection with this fraud, the fol lowing PPP loan applications were submitted

     by J. MARKOVICH to PPP Lender I:

           Name of         Approx.
                                                                         Approx.
          Business         Amount                 Lender                                      Status
                                                                          Date
          Annlicant        Sou2ht
          Compass
                           $511,807              Lender I                4/24/20              Funded
            Detox

            WAR             $46,455              Lender I                4/24/20              Funded




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Case 0:21-cr-60020-WPD Document 1 Entered on FLSD Docket 09/27/2020 Page 58 of 62




                                              Manner and Means

             132.    According to banking records, on or about April 24, 2020, Lender I received a PPP

     application in the name of Compass Detox seeking a PPP loan in the amount of approximately

     $5 11 ,807. The appl ication was submitted in the name of J. MARKOVICH, who represented

     himself to be an owner of Compass Detox.

             133.    The PPP application submitted to Lender I included numerous representations,

     including a representation that Compass Detox employs 70 individuals with an average monthly

     payroll of approximately $259,725 and that "[t]he Applicant is not engaged in an activity that is

     illegal under federal, state or local law."

             134.    Based on this and other information provided to Lender I in Compass Detox's PPP

     application, Lender I approved and funded the PPP loan. On or about May 6, 2020, approximately

     $511,807 was transferred to a bank account held in the name of Compass Detox at Lender I. 11

             135.    Likewise, according to banking records, on or about April 24, 2020, Lender

     received a PPP application in the name of WAR seeking a PPP loan in the approximate amount of

     $46,455. The application was submitted in the name of J. MARKOVICH, who represented

     himself to be an owner of WAR.

             136.    The PPP application submitted to Lender 1 included numerous representations,

     including a representation that WAR employs 26 individuals with an average monthly payroll of

     approximately $49,137 and that "[t]he Applicant is not engaged in an activity that is illegal under

     federal, state or local law."




     11
        Bank records show that, prior to the deposit of the PPP loan proceeds into this account, the balance of
     the Compass Detox account was approximately $0.


                                                        57
Case 0:21-cr-60020-WPD Document 1 Entered on FLSD Docket 09/27/2020 Page 59 of 62




             I 37.   Based on this and other information provided to Lender I in WAR's PPP

     application, Lender I approved and funded the PPP loan. On or about May 7, 2020, approximately

     $46,455 was transferred to a bank account held in the name of WAR at Lender l. 12

             138.    As described above in this affidavit, J. MARKOVICH was knowingly and wi llingly

     participating in health care fraud, wire fraud and kickback conspiracies at the time he signed these

     applications, and accordingly, there is probable cause to believe that his certifications to Lender 1

     were fa lse and fraudulent.

                                                CONCLUSION

             139.    Based upon the foregoing, I submit that this affidav it sets forth sufficient facts to

     establish probable cause to believe that, from on or about April I, 20 17, and continuing through

     the date of this affidavit, in Broward and Miami-Dade Counties, in the Southern District of Florida,

     and elsewhere, JONATHAN MARKOVICH, DANIEL MARKOVICH, CHRISTOPHER

     GARNTO, DR. JOSE SANTEIRO, DR. DREW LIEBERMAN, and DR. JEFFREY DRAESEL,

     JR., together with employees and associates of Compass Detox, WAR, laboratory personnel, and

     others known and unknown, conspired to commit (a) health care fraud, that is, to knowingly and

     willfully execute, and attempt to execute, a scheme to defraud any health care benefit program and

     to obtain, by means of false and fraudu lent pretenses, representations, and promises, any of the

     money and property owned by, and under the custody and control of, any health care benefit

     program, in connection with the delivery of and payment for health care benefits, items, and

     services, in violation of Title 18, United States Code, Section 1347, and (b) wire fraud, that is,

     having devised a scheme or artifice to defraud, transmitted by means of wire, radio, or television

     communication in interstate or fore ign commerce, any writings, signs, signals, pictures, or sounds


     12
       Bank records show that, prior to the deposit of the PPP loan proceeds into this account, the balance of
     the WAR account was approximately $0.
                                                        58
Case 0:21-cr-60020-WPD Document 1 Entered on FLSD Docket 09/27/2020 Page 60 of 62




     for the purpose of executing such scheme or artifice; all in violation of Title 18, United States

     Code, Section 1349.

             140.   I further submit that there is probable cause to believe that, from on or about

     October 25, 2018, and continuing through the date of this affidavit, in Broward and Miami-Dade

     Counties, in the Southern District of Florida, and elsewhere, RICHARD W ASERSTETN,

     JONATHAN MARKOVICH, DANIEL MARKOV ICH, C HR ISTOPHER GARNTO, ELAN

     BAKHSH I, MARIO KUSTURA, and FRANCISCO BOSCH, together with employees and

     associates of Compass Detox, WAR, laboratory personnel, and others known and unknown,

     conspired to (a) knowingly and willingly solicit and receive remuneration (includ ing kickbacks,

     bribes, and rebates) directly and indirectly, overtly and covertly, in cash and in kind, in return for

     referring a patient and patronage to a recovery home, clinical treatment faci lity, and laboratory;

     and (b) knowingly and w illingly paid and offered to pay remuneration (including kickbacks,

     bribes, and rebates) directly and indirectly, overtly and covertly, in cash and in kind to induce a

     referral of an individual to a recovery home, clinical treatment facility, and laboratory, and in

     exchange for an individual using the services of that recovery home, clinical treatment facili ty,

     and laboratory, in violation of T itle 18, United States Code, Section 220; all in violation of Title

     18, United States Code, Section 37 1.

             141.   I further submit that there is probable cause to believe that, from on or about April

     I, 2017, and continuing through the date of this affidavit, in Broward and Miami-Dade Counties,

     in the Southern District of Florida, and elsewhere, R ICHARD W ASERSTEIN, JONAT HAN

     MARKOVICH, CHRISTOPHER GARNTO, together with employees and associates of Compass

     Detox, WAR, laboratory personnel, and others known and unknown, conspired to (a) conceal and

     disguise the nature, the location, the source, the ownership, or the control of the proceeds of



                                                      59
Case 0:21-cr-60020-WPD Document 1 Entered on FLSD Docket 09/27/2020 Page 61 of 62




     specified unlawful activity, that is, health care fraud offenses and wire fraud, knowing the

     transaction was designed in whole or in part to do the same; and (b) knowingly engage and attempt

     to engage in a monetary transaction in criminally derived property of a value greater than $10,000

     and derived from specified unlawful activity, that is, health care fraud offenses and wire fraud.

            142.    I further submit that there is probable cause to believe that, from on or about April

     I, 2017, and continuing through the date of this affidavit, in Broward and Miami-Dade Counties,

     in the Southern District of Florida, and elsewhere, RICHARD WASERSTEIN did knowingly

     engage and attempt to engage in a monetary transaction in criminally derived property of a value

     greater than $10,000 and derived from specified unlawful activity, that is, health care fraud

     offenses and wire fraud.




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Case 0:21-cr-60020-WPD Document 1 Entered on FLSD Docket 09/27/2020 Page 62 of 62




            143.   I further submit that there is probable cause to believe that on or about April 24,

    2020, in Broward and Miami-Dade Counties, J. MARKOVICH knowingly committed (a) the

    crime of false statements to a financial institution, that is made a false statement or report to an

    institution the accounts of which are insured by the FDIC, in violation of Title 18, United States

    Code, Section 1014; and (b) bank fraud, that is executed or attempted to execute a scheme or

    artifice to obtain any of the moneys, funds, credits, assets,' securities, or other property owned by,

    or under the custody or control of, a financial institution, by means of false or fraudulent pretenses,

    representations, or promises, in violation of Title 18, United States Code, Section 1344(2).



    FURTHER AFFIANT SAYETH NAUGHT.


                                                             ~
                                                           ALBERTO BHOGE
                                                                                        --
                                                           Special Agent
                                                           Federal Bureau of Investigation

    Sworn and subscribed to before me telephonically
    this 25th day of September, 2020.




    HON. PATRICK M. HUNT
    UNITED STATES MAGJSTRATE JUDGE




                                                      61


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