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Complaint — United States v. Ashley Hoobler Parris (No. 8:20-mj-01475, M.D. Fla.)

Summary

Criminal complaint packet in United States v. Ashley Hoobler Parris, Case No. 8:20-mj-01475-T-SPF, in the U.S. District Court for the Middle District of Florida, Tampa Division, sworn May 14, 2020. It includes an order granting the government's motion to seal the complaint, the motion itself, the AO 91 complaint citing 18 U.S.C. § 1349 and 18 U.S.C. § 371 for conduct from October 2018 to March 30, 2020, an affidavit of HHS OIG Special Agent Derek Maloney, and an arrest warrant. The affidavit states that Hoobler, owner of Encore Health Enrollment, was recorded discussing schemes in which co-conspirators would receive kickbacks for providing beneficiary information and swabs to laboratories that would submit COVID-19 claims. It states that Company #1 submitted approximately $111 million in Medicare claims, of which Medicare paid approximately $38 million.

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Cite this document

“Complaint — United States v. Ashley Hoobler Parris (No. 8:20-mj-01475, M.D. Fla.).” Original at www.justice.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/complaint-no-8-20-mj-01475-m-d-fla-a42a36312d/, SHA-256 1c5c5d755b7fa1e9fc4762d2bcc68684f6dd59c3b5b590b858fceaa79de27301.

Full text

                      UNITED STATES DISTRICT COURT
                       MIDDLE DISTRICT OF FLORIDA
                            TAMPA DIVISION

UNITED STATES OF AMERICA

      V.                                CASE NO. 8:20-mj-01475-T-SPF

ASHLEY HOOBLER PARRIS

                                  ORDER

      The Motion to Seal Complaint and Related Documents filed by the

United States is hereby GRANTED, and the Clerk of Court is so directed.

      The Clerk is further directed to seal the Complaint in this cause except

when necessary to provide certified copies of the Complaint to the United

States Attorney's Office;

      It is further ordered that upon verbal request from the United States

Attorney's Office that the United States Marshals Service is to release a

certified copy of the arrest warrant to the case agent or other appropriate law

enforcement and/ or to the United States Attorney's Office without further

order of the Court.

      It is further ordered that the United States may disclose the existence of

the Complaint in any search and seizure warrants to be executed in

conjunction with the arrest of the defendant(s).
      The Clerk is further ordered to unseal all documents relating to the

Complaint without any further Order of the Court when any named defendant

is taken into custody.

      DONE AND ORDERED at Tampa, Florida, this 14~ ay of May, 2020.




                                       SEAN FLYNiY
                                       United States Magistrate Ju4ge




                                       2
                     UNITED STATES DISTRICT COURT
                      MIDDLE DISTRICT OF FLORIDA
                           TAMPA DIVISION

UNITED STATES OF AMERICA

         v.                               CASE NO       8:20-mj-01475-T-SPF

ASHLEY HOOBLER PARRIS

                       MOTION TO SEAL COMPLAINT
                        AND RELATED DOCUMENTS

         Pursuant to Fed. R. Crim. P. 6(e)(4), and in the interests of law

enforcement, the United States of America by Maria Chapa Lopez, United

States Attorney for the Middle District of Florida, hereby moves the Court to

direct the Clerk to seal the Complaint request of the United States Attorney's

Office to the United States Marshals Service, without further order of the

Court.

         The United States further requests that the Court's Order allow the

United States to disclose the existence of the Complaint in any subsequent

search and/ or seizure warrants which may be executed in conjunction with

the arrest of the defendant(s).
      The United States further moves that the Court direct the Clerk to

unseal the documents described herein without further order when any named

defendant is taken into custody.

                                         Respectfully submitted,

                                         MARIA CHAPA LOPEZ
                                         United States Attorney


                                   By:   -~--
                                         Alejandro J. Salicrup
                                         Department of Justice Trial Attorney
                                         400 W. Washington Street, Suite 3100
                                         Orlando, Florida 32801
                                         Telephone: (407) 648-7500
                                         Facsimile: (407) 648-7643
                                         E-mail:a1ejandro.salicrup2@usdoj.gov




                                         2
AO 91 (Rev. 11/11 ) Criminal Complaint


                                      UNITED STATES DISTRICT COURT
                                                                    for the
                                                          Middle District of Florida

                  United States of America                             )
                                Y.                                     )
                                                                       )      Case No.
                 ASHLEY HOOBLER PARRIS
                                                                       )                   8:20-mj-01475-T-SPF
                                                                       )
                                                                       )
                                                                       )
                           Defendant(s)


                                                  CRIMINAL COMPLAINT
          I, the complainant in thjs case, state that the following is true to the best of my knowledge and belief.
On or about the date(s) of           October 2018 to March 30, 2020           in the county of            Hillsborough        in the
        Middle          District of             Florida            , the defendant(s) violated:

             Code Section                                                        Offense Description
18 U.S.C. § 1349                                 Attempt and conspiracy.
18 U.S.C. § 371                                  Conspiracy to commit offense or to defraud United States.




          This criminal complaint is based on these facts:

Please see the affidavit.




          0 Continued on the attached sheet.



                                                                                                  Complainanl 's signature

                                                                                            Derek Maloney, Special Agent
                                                                                                   Printed name and title

Sworn to before me       /:ts~/!tfu~;BsePtce.
Date:             05/14/2020
                                                                                                     dfie'ssignature

City and state:                           Tampa, Florida                               Hon. Sean Flynn, United States Magistrate
                                                                                                   Primed name and title
STATE OF FLORIDA
                                                     CASE NO. 8:20-mj-01475-T-SPF
COUNTY OF HILLSBOROUGH


        AFFIDAVIT IN SUPPORT OF CRIMINAL COMPLAINT

      I, Derek Maloney, a Special Agent with the United States Department

of Health and Human Services, Office of the Inspector General ("HHS OIG"),

being first duly sworn, hereby depose and state:


                       AFFIANT'S BACKGROUND

      1.     I am a Special Agent with HHS OIG and have been since 2016. I

am currently assigned to the Tampa Field Office, where I investigate

violations of federal law, including health care fraud and conspiracies to

commit health care fraud. I have received extensive training in investigations

of fraud related to the United States health care system. I have participated in

numerous investigations involving health care fraud and conspiracies to

commit health care fraud. Furthermore, during these and other investigations,

I have participated in search warrants, conducted arrests, reviewed evidence of

fraud, and consulted with other agents and law enforcement officers who have

seized and/ or reviewed evidence of fraud.

      2.     This affidavit is written in support of a criminal complaint

charging ASHLEY HOOBLER PARRlS ("HOOBLER") with conspiracy to

commit health care fraud, in violation of Title 18, United States Code, Section
1349, and conspiracy to defraud the United States and to pay and receive

illegal health care kickbacks, in violation of Title 18, United States Code,

Section 371. Further, as will be discussed below, HOOBLER was captured on

recorded calls discussing schemes through which she and her co-conspirators

would receive kickbacks in exchange for providing beneficiary information

and swabs to laboratory owners and operators, who in tum would submit

COVID-19 claims for reimbursement.

      3.     The facts contained in this affidavit are based on my personal

knowledge and observations as well as facts relayed to me by other agents,

inspectors, and individuals with· knowledge of the events described herein.


      4.     Based on my training and experience and the facts as set forth in

this affidavit, there is probable cause to believe that HOOBLER and co-

conspirators, known and unknown, committed the crimes enumerated above

in the Middle District of Florida, and elsewhere.


      5.     This affidavit does not contain all the facts of this investigation

known to me or to other law enforcement personnel. Rather, it sets forth only

those facts necessary to establish probable cause in support of this criminal

complaint against HOOBLER.




                                       2
                        THE MEDICARE PROGRAM

      6.     The Medicare Program ("Medicare") was a federally funded

program that provided free or below-cost health care benefits to certain

individuals, primarily the elderly, blind, and disabled.        Medicare was

administered by the Centers for Medicare and Medicaid Services ("CMS"), a

federal agency under the United States Department of Health and Human

Services ("HHS"). Individuals who received benefits under Medicare were

referred to as Medicare "beneficiaries." Medicare was divided into multiple

parts with separate coverages: Part A covered hospital inpatient care; Part B

covered physicians' services and outpatient care; Part C covered Medicare

Advantage Plans; and Part D covered prescription drugs.

      7.     Physicians, clinics, and other health care providers, including

laboratories, all of which provided services to Medicare beneficiaries, were

able to apply for and obtain a "provider number." A health care provider that

received a Medicare provider number was able to file claims with Medicare to

obtain reimbursement for services provided to beneficiaries.

      8.     A Medicare claim was required to contain certain important

information, including: (a) the Medicare beneficiary's name and Health

Insurance Claim Number ("HICN"); (b) a description of the health care

benefit, item, or service that was provided or supplied to the beneficiary; (c)

the billing codes for the benefit, item, or service; (d) the date upon which the


                                       3
benefit, item, or service was provided or supplied to the beneficiary; and (e)

the name of the referring physician or other health care provider, as well as a

unique identifying number, known either as the Unique Physician

Identification Number ("UPIN") or National Provider Identifier ("NPI").

The claim form could be submitted in hard copy or electronically.


      9.      Medicare only paid for services that were medically necessary

and reasonable, and which were actually provided as represented. Medicare

did not pay claims that were procured based on the payment or receipt of

kickbacks and bribes.


      10.     Medicare was a "Federal health care program" as defined in Title

42, United States Code, Section 1320a-7b{f), and a "health care benefit

program" as defined in Title 18, United States Code, Section 24(b).


                          DIAGNOSTIC TESTING


      11.     Medicare Part B covered medical testing by clinical laboratories.

Some examples of medical tests that fell within the purview of Medicare Part

B included:

      12.     Cancer genomic ("CGX") testing: CGX testing used DNA

sequencing to detect mutations in genes that could indicate a higher risk of

developing certain types of cancers in the future.    CGX testing was not a

method of diagnosing whether an individual presently had cancer.


                                       4
       13.   COVID-19 testing: COVID-19 testing assessed whether an

individual had the novel coronavirus disease 2019, commonly referred to as

"COVID-19."

       14.   Respiratory pathogen panel ("RPP") testing: RPP tests detected

certain respiratory viruses and bacterial pathogens. The RPP test did not and

could not test for COVID-19. Medicare reimbursement rates for the RPP test

were approximately four times higher than Medicare reimbursement rates for

the COVID-19 test.

       15.   Generally, in order to have one of the above-described tests

conducted, an individual completed a buccal or nasopharyngeal swab, or a

respiratory sample, to collect a specimen, which specimen was then

transmitted to a laboratory for testing.

       16.   Medicare did not cover diagnostic testing that was "not

reasonable and necessary for the diagnosis or treatment of illness or injury or

to improve the functioning of a malformed body member." Title 42, United

States Code, Section 1395y(a)(l)(A). Except for certain statutory exceptions,

Medicare did not cover "examinations performed for a purpose other than

treatment or diagnosis of a specific illness, symptoms, complaint or injury."

Title 42, Code of Federal Regulations, Section 411. lS(a)(l).     Among the

statutory exceptions Medicare covered were cancer screening tests such as



                                           5
"screening mammography, colorectal cancer screening tests, screening pelvic

exams, [and] prostate cancer screening tests." Id.


      17.    If diagnostic testing was necessary for the diagnosis or treatment

of illness or injury, or to improve the functioning of a malformed body

member, Medicare imposed additional requirements before covering the

testing. Title 42, Code of Federal Regulations, Section 410.32(a) provided,

"All diagnostic x-ray tests, diagnostic laboratory tests, and other diagnostic

tests must be ordered by the physician who is treating the beneficiary, that is,

the physician who furnishes a consultation or treats a beneficiary for a specific

medical problem and who uses the results in the management of the

beneficiary's specific medical problem." Id. "Tests not ordered by the

physician who is treating the beneficiary are not reasonable and necessary."

Id.


      18.    Because CGX testing did not diagnose cancer, Medicare only

covered such tests in limited circumstances, such as when a beneficiary had

cancer and the beneficiary's treating physician deemed such testing necessary

for the beneficiary's treatment of that cancer. Medicare did not cover CGX

testing for beneficiaries who did not have cancer or lacked symptoms of

cancer.




                                       6
               RELEVANT INDIVIDUALS AND ENTITIBS

      19.    HOOBLER, also known as Ashley Parris and Ashley Hoobler,

was a resident of Gwinnett County, Georgia. HOOBLER's principal place of

residence was 2497 Young America Dr., Lawrenceville, Georgia, 30043.

      20.    Encore Health Enrollment, Inc. was a company incorporated

under the laws of Georgia with its principal place of business at HOOBLER's

residence, 2497 Young America Dr., Lawrenceville, Georgia, 30043. Encore

Health Enrollment was a company incorporated under the laws of Ohio with

its principal place of business at 730 Peachtree Street Northeast, #570,

Atlanta, Georgia, 30308, located in Fulton County, Georgia. Encore Health

Enrollment, Inc. and Encore Health Enrollment, hereinafter referred to

collectively as "Encore," purported to be a marketing company for genetic

testing services. At all times relevant to this affidavit, HOOBLER was the

owner, operator, and registered agent of Encore.


      21.    Company # 1 was a Medicare provider with its principal place of

business in Ridgeland, Mississippi, located in Madison County. In particular,

Company # 1 was a laboratory that purported to provide genetic testing

services to Medicare beneficiaries.

      22.    Cooperator #1 was a resident of Hillsborough County, Florida.




                                      7
       23.       Medsymphony, LLC ("Medsymphony") was a company with its

principal place of business at 53 North Calibogue Cay Road, Hilton Head

Island, South Carolina, 29928, located in Beaufort County, South Carolina.

Meetmydoc LLC ("Meetmydoc") was a company with its principal place of

business at the same address as Medsymphony, 53 North Calibogue Cay

Road, Hilton Head Island, South Carolina, 29928. Medsymphony and

Meetmydoc, hereinafter referred to collectively as           "Medsymphony,"

purported to provide telemedicine services 1 to health care providers and

beneficiaries.

       24.       Cooperator #2 was the owner ofMedsymphony.

                              PROBABLE CAUSE

       25.       HOOBLER was identified during an ongoing investigation of

false and fraudulent claims submitted to Medicare that sought reimbursement

for laboratory testing services that were (1) not medically necessary and (2)

procured through the payment of illegal kickbacks.

       26.       I lmow from my training and experience that certain Medicare

providers, including laboratories that conduct genetic testing, engage in fraud

by pushing CGX tests upon Medicare beneficiaries who do not have a medical

       1
        Telemedicine was a means via which doctors and patients could connect
with each other through the use of telecommunication technology. Telemedicine
companies provided telemedicine services to individuals by hiring doctors and
other health care providers. Telemedicine companies typically paid doctors a fee
to conduct consultations with patients.

                                        8
need for these items or do not qualify for these tests under Medicare's rules.

The owners and operators of such laboratories often use doctors' groups and

marketing groups to aggressively market genetic testing kits to Medicare

beneficiaries, without regard to whether the tests are medically necessary or

whether the beneficiaries qualify for the tests under Medicare's rules. Based on

my training and experience, as an incentive to participate in the fraud, the

owners and operators of the laboratories conducting the testing pay illegal

kickbacks to the marketing groups in exchange for supplying beneficiaries for

testing, typically on a per-test basis.       As part of this type of scheme, co-
                                                                         )




conspirators who operate telemedicine companies also often provide doctors

to perform "consultations" with Medicare beneficiaries to justify the issuance

of a doctor's order for testing services. Based on my training and experience, I

know that in many cases, these doctors do not actually perform the

consultation with the beneficiaries, as they are required to do under

Medicare's rules and, in exchange for an illegal kickback, instead authorize

the tests without conducting valid examinations of the beneficiaries.

      27.    In this case, the investigation has revealed that Company #1: (a)

submitted claims to Medicare for CGX testing of Medicare beneficiaries who

were procured through bribes and kickbacks; and (b) created false, fictitious,

and fraudulent paperwork to conceal the bribery scheme from Medicare.

Between in or around January 2018 and in or around February 2020,

Company # 1 submitted approximately $111 million in claims to Medicare,· of

                                          9
which Medicare paid approximately $38 million.

      28.    To submit CGX testing claims to Medicare, Company #1 needed

(a) beneficiaries with valid Medicare numbers who were willing t<? complete a

CGX swab; and (b) prescriptions issued by doctors for the genetic testing, also

known as doctors' orders ("D.0.s").


      29.    The investigation has revealed that HOOBLER's role in the

scheme was to obtain completed CGX swabs from Medicare beneficiaries and

D.0.s for diagnostic testing, and provide them to Company #1, so that

Company # 1 could submit false and fraudulent claims to Medicare. In

exchange, Company #1 paid HOOBLER's purported marketing company,

Encore, illegal kickbacks. Company #1 paid these kickbacks to Encore, and

HOOBLER, through Cooperator #1. HOOBLER obtained the beneficiaries

through other so-called marketers operating in the Middle District of Florida,

and elsewhere, who solicited beneficiaries for the genetic testing services

without regard to their medical necessity. These "marketers" targeted older

individuals at gyms, among other places. HOOBLER, together with

Cooperator #1, then obtained the D.O.s for CGX testing by paying illegal

kickbacks to Cooperator #2 and Med.symphony, his/her telemedicine

company.




                                      10
   A. Evidence of HOOBLER's Involvement in CGX Testing Fraud

      30.    In sum, HOOBLER and her co-conspirators would obtain

Medicare patient information and swabs by having Medicare beneficiaries

complete genetic test kits. HOOBLER and her co-conspirators would obtain

D.O.s for CGX testing for those beneficiaries by paying illegal kickbacks to co-

conspirators at telemedicine companies.       HOOBLER also received illegal

kickbacks in exchange for sending the completed CGX swabs and D.0.s to a

laboratory for processing and billing.


      31.    Cooperator # 1 was charged with conspiracy to commit health

care fraud, in violation of Title 18, United States Code, Section 1349, and

conspiracy to defraud the United States and receive kickbacks, in violation of

Title 18, United States Code, Section 371. It is anticipated that Cooperator #1

will plead guilty to violating Title 18, United States Code, Section 371.

Cooperator # 1 is presently cooperating with the government.


      32.    Cooperator #1 informed the government that prior to his/her

cooperation, he/she was introduced to HOOBLER in the on or about October

2018 in order to develop a CGX "business deal." Cooperator # 1 then began

working with HOOBLER directly. Based on HOOBLER's statements to

Cooperator #1, Cooperator #1 understood HOOBLER to be the owner of

Encore, a marketing company for genetic testing.




                                         11
      33.   Cooperator # 1 further explained that Cooperator # 1 had a pre-

existing relationship with Company # 1, a laboratory based in Mississippi.

Cooperator #1 introduced HOOBLER to Company #1 and brokered a verbal

agreement between them.      Through that agreement, HOOBLER would

receive approximately 40% to 50% of the reimbursement Medicare paid out

for purported genetic testing services in exchange for each completed CGX

swab and D.O. that HOOBLER referred to Company #1. Cooperator #1

recommended that HOOBLER utilize Medsymphony for telemedicine

consults to obtain D.O.s, which she did. Cooperator #1 paid HOOBLER's

telemedicine fees directly to Medsymphony on her behalf, which was

approximately $100-$125 per test. 2    Medsymphony sent the invoices for

D.O.s directly to Cooperator #1. In return for his/her participation in this

arrangement, Cooperator # 1 would receive a portion of the illegal kickbacks

paid by Company #1 for completed CGX swabs and D.O.s that HOOBLER

and Cooperator # 1 referred to Company # 1.

      34.   Cooperator # 1 further told law enforcement that he/ she would

initially receive payments from Company #1 for completed CGX swabs and


      2
         Cooperator # 1 explained that his/her agreement with HOOBLER was
that Cooperator # 1 was responsible for paying kickbacks to Cooperator #2
and the owners and ·operators of Medsymphony in exchange for the D.O.s
from Medsymphony on behalf of HOOBLER. According to Cooperator #1,
Medsymphony originally charged approximately $100 per CGX test D.O., but
later increased that to approximately $125 per CGX test D.O.


                                      12
D.O.s that HOOBLER submitted. Cooperator #1 stated that he/she would

then pay HOOBLER her percentage portion of the kickback received from

Company # 1. Cooperator # 1 clarified that he/ she stopped working with

HOOBLER in or around April 2019. Cooperator #1 stated that he/she

believed Company # 1 stopped submitting kickback payments around this

time. According to Cooperator #1, as of the time when Cooperator #1 began

cooperating, Company #1 still owed HOOBLER monies for completed CGX

swabs and D.O.s that HOOBLER had submitted to Company #1 prior to

April 2019.

      35.     On or about May 25, 2019, Cooperator #1 emailed HOOBLER

at AHOOBLER@ENCOREHEALTHENROLLMENT.COM. The email

was titled "ENC to date." The email contained an attached Excel spreadsheet

showing a listing of Medicare beneficiaries referred by HOOBLER, through

Encore, to Company #1 and amounts paid by Company #1 to HOOBLER in

exchange for those referrals to date. The spreadsheet listed total charges as

$1,629,256.93, with total payments as $782,968.92.

      36.     A preliminary review of Cooperator #l's banking records

corroborated Cooperator #1 's description of the scheme. Specifically, this

preliminary review showed that, before Cooperator # 1 began cooperating in

this investigation, Company # 1 made multiple wire payments to Cooperator

#1, and Cooperator #1 made multiple wire payments to HOOBLER. The


                                     13
wire transfers from Cooperator #1 to HOOBLER identified to date total

approximately more than $100,000.

         37.   In or around February 2020, at the direction of law enforcement,

Cooperator # 1 began conducting consensually monitored and recorded phone

calls and text messages with HOOBLER. As described below, the recorded

calls and messages captured discussions with HOOBLER about illegal

kickback payments and the creation of fake, backdated invoices.

         38.   On or about February 25, 2020, Cooperator #1 and HOOBLER

spoke on the phone. During the call, Cooperator #1 asked HOOBLER if

Company #1 still owed her any monies for the swabs and D.O.s HOOBLER

submitted to Company # 1, which enabled Company # 1 to submit genetic test

claims to Medicare. HOOBLER indicated that Company #1 still owed her

money. Cooperator #1 told HOOBLER that if she put together a list of the

monies that Company #1 owed, he/she could try to get Company #1 to pay

the outstanding amounts. HOOBLER stated, "Oh, okay, yeah, we could do

that."

         39.   On or about March 4, 2020, Cooperator #1 and HOOBLER

spoke on the phone regarding the genetic testing claims for which Company

#1 still owed HOOBLER illegal kickbacks. During the call, HOOBLER stated

that she was preparing a spreadsheet listing Medicare beneficiaries she had

referred to Company # 1 for cancer genetic testing, but had not received

                                       14
payment on. HOOBLER stated that the list included approximately 220

genetic tests. HOOBLER added that she could not recall what percentage of

each claim Company #1 had agreed to pay her. HOOBLER asked Cooperator

# 13 what percentage she should list in her spreadsheet. Cooperator # 1

suggested that HOOBLER should list it at 45% to 50% of the Medicare

reimbursement.

      40.      On or about March 4, 2020, HOOBLER emailed Cooperator #1

from AHOOBLER@ENCOREHEALTHENROLLMENT.COM. The email

was titled "Company #1." The email stated, " ... , The sheet is attached below

for Company #1. Thank you!! Cordially, Ashley HOOBLER, Vice President,

Encore Health Enrollment." Attached was a spreadsheet from HOOBLER

titled "[COMPANY #1] OUTSTANDING." The spreadsheet contained a list

of Medicare beneficiaries sent to Company # 1 from Encore, dates the genetic

tests were sent to the lab, and expected Medicare reimbursement amounts.

The spreadsheet contained the following totals:

      60 personals $415,918.80               149 family $736,788.61

      TOTAL= $1,152,707.41                50% = $576,353.70

      41.      On or about March 13, 2020, Cooperator #1 and HOOBLER

spoke on the phone about outstanding payments from Company #1.

Cooperator #1 told HOOBLER that Company #1 was going to need some

      3
          Cooperator # 1 is not a medical professional.

                                        15
type of invoice to detail why they were paying her, because they were

concerned about an audit in the future and wanted to make sure they "paper

the file."

       42.      Cooperator #1 and HOOBLER agreed that they should create

invoices for their purported "marketing services," and that the invoices should

be broken down into hourly services. HOOBLER further agreed to submit the

fraudulent invoices. Later the same day, HOOBLER sent the hourly invoices

from         Encore     to     Cooperator    #1    using     email     address

AHOOBLER@ENCOREHEALTHENROLLMENT.COM.

       43.      On or about March 13, 2020, HOOBLER emailed Cooperator

#1 from AHOOBLER@ENCOREHEALTHENROLLMENT.COM. The

email was titled "new invoice." The email contained two fake hourly invoices

from       Encore,    which   disguised percentage payments    for   Medicare

reimbursements from Company # 1. 4 The invoices were back dated to April

and May 2019. The total dollar amount combined for the invoices equaled

$576,350. This dollar amount is in line with the 50% = $576,353.70 listed on

the spreadsheet titled "COMPANY #1 OUTSTANDING" sent from



       4
        The invoices describe the services provided as "[p]roduct assembly,
order processing, product distribution, in-bound and out-bound shipping,
customer service, set up and maintenance of IT teams, tracking and reporting,
administrative assistance." However, as detailed herein, HOOBLER was
seeking kickback payments for sourcing Medicare beneficiaries.

                                        16
AHOOBLER@ENCOREHEALTHENROLLMENT.COM to Cooperator

# 1 on March 4, 2020, referenced above in paragraph 41.

      44.   Cooperator #2, the owner ofMedsymphony, is also cooperating

with the United States. On or about September 27, 2019, Cooperator #2 was

indicted and charged in a 24-count indictment with offenses including

conspiracy to commit health care fraud and wire fraud, health care fraud,

conspiracy to defraud the United States and pay and receive kickbacks, and

receipt of kickbacks. On or about February 27, 2020, Cooperator #2 pleaded

guilty to conspiracy to commit health care fraud, in violation of Title 18,

United States Code, Section 1349. As part of his/her plea agreement,

Cooperator #2 agreed to cooperate with the government. Cooperator #2's

plea agreement contains a cooperation provision requiring that s/he cooperate

with the government and provide complete and truthful assistance.

      45.   Cooperator #2 has confirmed that he/ she had a business

relationship with Cooperator #1 and HOOBLER through which Cooperator

#2 would receive illegal kickback payments from Cooperator # 1 in exchange

for the approval of D.O.s authorizing CGX testing. Cooperator #2 also

indicated that HOOBLER knew about this kickback arrangement.

      46.   In addition, HHS OIG agents obtained a federal warrant to

search and seize HOOBLER's cellular phone. On or about April 10, 2020,

HHS agents served and executed said warrant. At that time, HOOBLER

                                     17
voluntarily agreed to speak with the agents who seized her phone. Among

other things, HOOBLER confirmed that she was the owner of Encore.

HOOBLER further confirmed that Encore worked on genetic testing and had

an association with telemedicine doctors. HOOBLER told agents that she

worked with Cooperator #1 in sending CGX samples to Company #1.

According to HOOBLER, she received 20% of what Company #1 was

reimbursed by Medicare. HOOBLER also told the agents that she would input

information into Medsymphony's online portal and later download D. 0 .s

from Medsymphony's system. However, HOOBLER denied knowledge of

how Medsymphony was paid.


   B. HOOBLER's Discussions of COVID-19 Related Fraud


      47.   Based on my training and experience, as well as the investigation

of this matter, I know that since the emergence of the COVID-19 pandemic,

certain laboratory owners and operators have been willing to pay illegal

kickbacks in exchange for completed COVID-19 and RPP tests. As described

below, HOOBLER was captured on recorded calls discussing schemes

through which she and her co-conspirators would receive kickbacks in

exchange for providing beneficiary information and swabs to laboratory

owners and operators, who in tum would submit claims for reimbursement.


      48.   Specifically, on a recorded call that occurred on or about March

18, 2020, HOOBLER told Cooperator #1 that she was working with a lab that

                                    18
would pay a $100 kickback for every COVID-19 test submitted. During the

call, HOOBLER explained that the lab she was speaking to would pay the

$100 kickback if the "marketer" would provide the lab with a completed

COVID-19 test and a completed RPP test for each Medicare beneficiary that

was referred. HOOBLER described the RPP test as a "swab'' and the COVID-

19 test as a "mouth wash." As the call progressed, Cooperator #1 stated, " ...

the $100 is because you will be able to make it up on the RPP ... you are going

to be able to sell it because everyone wants the Corona test done            "

HOOBLER responded, "exactly."


      49.    On a recorded call that occurred on or about March 23, 2020,

HOOBLER told Cooperator #1 that she was in contact with more than one

laboratory. HOOBLER explained that there was some difficulty in finding the

swabs needed to conduct the COVID-19 test. HOOBLER further explained

that one of the laboratories that she was in contact with ("Lab # 1") was

interested in paying a $125 kickback for each submission of a COVID-19 test

that was combined with an RPP test.


      50.    On a recorded call that occurred on or about March 25, 2020,

HOOBLER told Cooperator #1 that multiple labs that she was speaking with

were interested in proceeding with receiving COVID-19 tests combined with

RPP tests.




                                      19
      51.    On a recorded call that occurred on or about March 26, 2020,

HOOBLER told Cooperator #1 that another lab that she was in

communication with ("Lab #2") could not bill for the COVID-19 test and the

RPP test at the same time because "they" put a stop to it "because they know

w~at people are doing." HOOBLER added that Lab #2 actually was affiliated

with multiple labs, and would look into whether they could split the COVID-

19 test and the RPP test for the same patient across more than one laboratory.

Based on my training and experience, as well as my knowledge of this

investigation, I understand that one reason to split the RPP test and the

COVID-19 test across more than one laboratory would be to disguise that both

tests are being performed at the same time.


      52.    On or about March 30, 2020, HOOBLER and Cooperator #1

discussed the COVID-19 scheme on the phone. This time, HOOBLER

informed Cooperator # 1 that Lab #2 was only interested in proceeding with

the RPP test and did not want to pay for COVID-19 tests. HOOBLER added

that Lab #2 could pay out a $150 kickback in exchange for each RPP sample

submitted to the lab. During the call, HOOBLER also discussed submitting

COVID-19 tests and RPP tests to Lab # 1, which was still interested in

receiving both tests in exchange for kickbacks. HOOBLER confirmed that Lab

# 1 was still interested in bundling the COVID-19 test with the RPP test.




                                      20
                                CONCLUSION

        53.   Wherefore, based upon the above information, I respectfully

submit that there is probable cause to believe that, in the Middle District of

Florida and elsewhere, HOOBLER did knowingly and willfully commit

conspiracy to commit health care fraud, in violation of Title 18, United States

Code, Section 1349, and conspiracy to defraud the United States and to pay

and receive illegal health care kickbacks, in violation of Title 18, United States

Code, Section 371.


        54.   I declare under penalty of perjury that the foregoing is true and

correct to the best of my knowledge and belief this 14th day of May, 2020, in

Tampa, Florida.



FURTHER AFFIANT SAYETH NAUGHT

JJ~Md
Derek Maloney
Special Agent
HHS OIG
                                 hy leh!,4h~
Subscribed and sworn before me'this 14 day of May, 2020 in Tampa, Florida.



   d -
SEAm:~
UNITED STATES MAGISTRATE JUDGE

   --

                                       21
AO 442 (Rev. 11/1 1) Arrest Warrant



                                          UNITED STATES DISTRICT COURT
                                                                 for the
                                                        Middle District of Florida


                   United States of America
                                 V.                                )
                ASHLEY HOOBLER PARRIS                              )       Case No.   8:20-mj-01475-T-SPF
                                                                   )
                                                                   )
                                                                   )
                                                                   )
                             Defenda111


                                                     ARREST WARRANT
To:       Any authorized law enforcement officer

          YOU ARE COMMANDED to arrest and bring before a United States magistrate judge without unnecessary delay
(name ofperson 10 be arrested)        ASHLEY HOOBLER PARRIS
who is accused of an offense or violation based on the following document filed with the court:

0 Indictment              0 Superseding Lndictment        0 Information      0 Superseding Information             ~ Complaint
0     Probation Violation Petition         0 Supervised Release Violation Petition     0 Violation Notice          O Order of the Court

This offense is briefly described as follows:
    Attempt and conspiracy in violation of 18 U.S.C. § 1349. Conspiracy to committ offense or defraud United States in
    violation of 18 U.S .C. § 371 .




Date:          05/14/2020


City and state:        Tampa, Florida                                       Sean P. Flynn, United States Magistrate Judge
                                                                                          Printed name and title


                                                                Return

          This warrant was received on (date) _ _ _ _ _ _ _ , and the person was arrested on (date}
at (city and state)


Date:
                                                                                       Arresting officer ·s signature



                                                                                          Printed name and title


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