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Indictment — United States v. Imran Shams and Lourdes Navarro, Central District of California (Document 1)

Summary

A grand jury Indictment filed April 19, 2022 as Document 1 in United States v. Imran Shams and Lourdes Navarro, aka "Lulu," No. 2:22-cr-00154-SB, in the U.S. District Court for the Central District of California. It charges conspiracy to commit health care fraud under 18 U.S.C. § 1349, conspiracy to defraud the United States and pay illegal remuneration for referrals under 18 U.S.C. § 371, false statements to secure health care payments, and conspiracy to commit money laundering under 18 U.S.C. § 1956(h), with criminal forfeiture. The indictment alleges the defendants owned and operated Matias' Clinical Laboratory, Inc., dba Health Care Providers Laboratory, and describes Medicare coverage of COVID-19 and respiratory pathogen panel tests after May 2020. It recites that defendant Shams was convicted of Medicaid fraud in 1990 and excluded by HHS-OIG from federal health care programs.

Summary drafted by a model from the text of the original file linked on this page 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

“Indictment — United States v. Imran Shams and Lourdes Navarro, Central District of California (Document 1).” Original at archive.org. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/indictment-no-2-22-cr-00154-dkt-1-c-d-cal-5e2225b085/, SHA-256 4618ac0028d87a4c1e5c94746d40822691ad6281aea8ffca6e99089d47b529af.

Full text

       Case 2:22-cr-00154-SB Document 1 Filed 04/19/22 Page 1 of 25 Page ID #:1


                                                                         4/19/2022

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 8                           UNITED STATES DISTRICT COURT

 9                     FOR THE CENTRAL DISTRICT OF CALIFORNIA

10                               March 2022 Grand Jury

11   UNITED STATES OF AMERICA,                CR   2:22-cr-00154-SB

12             Plaintiff,
                                              I N D I C T M E N T
13                   v.
                                              [18 U.S.C. § 1349: Conspiracy to
14                                            Commit Health Care Fraud; 18
     IMRAN SHAMS and                          U.S.C. § 371: Conspiracy to
15   LOURDES NAVARRO,                         Defraud the United States and to
       aka “Lulu,”                            Solicit, Receive, Offer, and Pay
16                                            Illegal Remuneration for Health
               Defendants.                    Care Referrals; 42 U.S.C. § 1320a-
17                                            7b(b)(2)(B): Illegal Remuneration
                                              for Health Care Referrals; 42
18                                            U.S.C. § 1320a-7b(a)(3)(i): False
                                              Statements to Secure Health Care
19                                            Payments; 18 U.S.C. § 1956(h):
                                              Conspiracy to Commit Money
20                                            Laundering; 18 U.S.C.
                                              §§ 981(a)(1)(C), 982(a)(1), and
21                                            982(a)(7), and 28 U.S.C.
                                              § 2461(c): Criminal Forfeiture]
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          Case 2:22-cr-00154-SB Document 1 Filed 04/19/22 Page 2 of 25 Page ID #:2



 1           The Grand Jury charges:

 2                                         COUNT ONE

 3                                    [18 U.S.C. § 1349]

 4                                     [ALL DEFENDANTS]

 5   A.      INTRODUCTORY ALLEGATIONS

 6           At times relevant to this Indictment:
 7           1.    ‘Matias’ Clinical Laboratory, Inc., doing business as
 8   (“dba”) Health Care Providers Laboratory (“Matias”), was a clinical
 9   testing laboratory located at 14411 Palmrose Avenue, Baldwin Park,
10   California 91706, within the Central District of California.
11           2.    Defendant IMRAN SHAMS was a resident of Glendale,
12   California, within the Central District of California, and New York.
13   Defendant SHAMS was married to defendant LOURDES NAVARRO, also known
14   as “Lulu,” who was also a resident of Glendale, California, and New
15   York.
16           3.    Defendants SHAMS and NAVARRO owned, controlled, and
17   operated Matias.
18           4.    Individual A and Individual B were, at various times,
19   listed on business records and corporate filings submitted by Matias
20   as President, Vice President, and Chief Financial Officer of Matias.
21           5.    Until in or around May 2019, Matias maintained a bank
22   account at Wells Fargo Bank, N.A. with an account number ending in
23   7139 (“WF x7139”).        Beginning in or around May 2019 and continuing to
24   the present, Matias maintained a bank account at East West Bank with
25   an account number ending in 5549 (“EW x5549”).             Defendants SHAMS and
26   NAVARRO controlled the WF x7139 and EW x5549 bank accounts.
27           6.    Wells Fargo Bank, N.A. and East West Bank were financial
28   institutions as defined in 18 U.S.C. § 20.
                                              2
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 1        7.    Marketer A was an owner of a purported marketing company.

 2        The Medicare Program

 3        8.    The Medicare program (“Medicare”) was a federally funded
 4   health insurance program, affecting commerce, that provided benefits
 5   to individuals who were 65 years and older, and to certain disabled
 6   persons.   Medicare was administered by the Centers for Medicare and
 7   Medicaid Services (“CMS”), a federal agency under the United States
 8   Department of Health and Human Services (“HHS”).          Medicare was a
 9   “health care benefit program” as defined in 18 U.S.C. § 24(b) in that
10   it was a public plan or contract affecting commerce, and a “Federal
11   health care program” as defined by 42 U.S.C. § 1320a-7b(f).
12        9.    Individuals who qualified for Medicare benefits were
13   referred to as Medicare “beneficiaries.”         Medicare beneficiaries were
14   issued beneficiary identification cards that certified eligibility
15   for Medicare and identified each beneficiary by a unique number.
16        10.   Physicians, clinical laboratories, and other health care
17   providers that provided medical services to beneficiaries that were
18   to be reimbursed by Medicare were referred to as Medicare
19   “providers.”
20        11.   Medicare was divided into different program “parts”: Part
21   A, Part B, Part C, and Part D.       Medicare covered clinical laboratory
22   services for those beneficiaries who were eligible for Medicare under
23   Part B.
24        Laboratory Testing
25        12.   Clinical laboratories performed various types of tests,
26   such as toxicology screens, urinalysis, routine blood work, and tests
27   for respiratory pathogens.      These tests were performed on urine,
28   blood, and saliva samples, and nasal swabs (“specimens”).
                                           3
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 1   Physicians, nurse practitioners, and other authorized providers could

 2   issue orders (“doctors’ orders”) for laboratory testing for Medicare

 3   beneficiaries and other patients.

 4        13.   Laboratories could perform tests to detect whether an

 5   individual had the novel coronavirus disease 2019, commonly referred

 6   to as COVID-19.    Laboratories could also perform tests to detect a

 7   variety of viral and bacterial respiratory pathogens.           Tests for

 8   respiratory pathogens were sometimes performed in panels that

 9   targeted multiple pathogens, known as a respiratory pathogen panel

10   (“RPP”).   RPP testing typically did not test for COVID-19.

11        14.   In general, the amounts Medicare reimbursed laboratories

12   for RPP and other respiratory pathogen testing was several times

13   higher than the amount it reimbursed for COVID-19 testing.

14        Medicare Coverage

15        15.   Medicare paid for claims only if the items or services were
16   medically necessary for the treatment or diagnosis of the
17   beneficiary’s illness or injury, documented, and actually provided as
18   represented.    Medicare would not pay for items or services that were
19   procured through kickbacks and bribes.
20        16.   On January 31, 2020, HHS declared that, in light of
21   confirmed cases of COVID-19, a public health emergency existed
22   nationwide.
23        17.   In or around May 2020, in response to the public health
24   emergency for the COVID-19 pandemic, Medicare removed the requirement
25   that COVID-19 tests and certain, defined respiratory pathogen tests
26   be ordered by a treating physician.        Under the interim policy,
27   Medicare covered COVID-19 tests and certain, defined respiratory
28   pathogen tests when ordered by any health care professional
                                           4
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 1   authorized to do so under state law.        Under the interim policy,

 2   COVID-19 tests and respiratory pathogen tests still had to be

 3   reasonable and medically necessary for the treatment of illness or

 4   injury, eligible for reimbursement, provided as documented, and not

 5   procured through the payment of kickbacks and bribes in order to be

 6   covered by Medicare.

 7           Medicare Enrollment

 8           18.   To participate in Medicare, providers, including clinical
 9   laboratories, were required to submit an application in which the
10   provider agreed to comply with all Medicare-related laws and
11   regulations, including the Federal Anti-Kickback Statute, 42 U.S.C.
12   § 1320a-7b(b), which prohibited the offering, paying, soliciting, or
13   receiving of any remuneration in exchange for a patient referral or
14   the referral of other business for which payment may be made by any
15   Federal health care program.       Providers further agreed not to submit
16   claims for payment to Medicare knowing they were false or fraudulent
17   or with deliberate ignorance or reckless disregard of their truth or
18   falsity.      If Medicare approved the application, Medicare assigned the
19   provider an identifying number, which enabled the provider to submit
20   claims to Medicare for reimbursement for services provided to
21   Medicare beneficiaries.
22           19.   In order to maintain active enrollment status, and as a
23   condition of participation in Medicare, a clinical laboratory was
24   required to report changes in enrollment information within 90
25   days.    This included (i) reporting any change of ownership or control
26   interest, and (ii) identifying persons with an ownership or control
27   interest, as well as officers, directors, and managing employees, who
28   had been convicted of a federal or state health care fraud or
                                           5
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 1   kickback offense or had been excluded from participation in Medicare.

 2   42 U.S.C. § 1320a-3; 42 C.F.R. § 424.516(e).

 3        20.   A person with an “ownership or control interest” was

 4   defined, with respect to an entity, as a person with a direct or

 5   indirect ownership interest of 5 percent or more, or an officer or

 6   director of the entity.      42 U.S.C. § 1320a-3(a)(3)(A)(i), (B); 42

 7   C.F.R. § 424.502.     A managing employee was defined as a “general
 8   manager, business manager, administrator, director, or other
 9   individual that exercises operational or managerial control over, or
10   who directly or indirectly conducts the day-to-day operations of the
11   provider or supplier[.]”      Id. § 1320a-5(b).
12        21.   For certain types of providers, including clinical
13   laboratories, the application to enroll in Medicare or make changes
14   to enrollment was known as Form CMS-855B.         Among other information,
15   Form CMS-855B contained spaces for a provider to identify persons who
16   have 5 percent or greater direct or indirect ownership interest, and
17   all managing employees, including “a general manager, business
18   manager, administrator, director, or other person who exercises
19   operational or managerial control over, or who directly or indirectly
20   conducts, the day-to-day operations . . . regardless of whether the
21   individual is a W-2 employee of the supplier.”          Form CMS-855B further
22   provided space for disclosure of any final adverse legal action,
23   including the federal or state agency or court/administrative body
24   that imposed an action, against any of the persons identified as
25   having ownership interest and/or managing control of the provider.
26        22.   Certain providers, including clinical laboratories, were
27   required to resubmit and recertify the accuracy of their enrollment
28   information every five years.       Among the types of information
                                           6
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 1   required to be provided were changes in ownership interest and/or

 2   managing control, including listing individuals who were five percent

 3   or greater direct/indirect owners, authorized or delegated officials,

 4   partners, directors/officers, contracted managing employees, and

 5   managing employees.     42 C.F.R. § 424.515.      Form CMS 855B also

 6   required disclosure of whether any individuals who were added as

 7   persons with ownership interest and/or managing control were the

 8   subject of final adverse legal action as described above.

 9           Exclusion From Federal Health Care Programs

10           23.   HHS was required to exclude any individual or entity from
11   participating in all Federal health care programs upon conviction for
12   certain crimes, including a criminal offense related to the delivery
13   of an item or service under Medicare or any State health care
14   program, or a felony conviction related to health care fraud or other
15   financial misconduct (“mandatory exclusion”).          42 U.S.C. § 1320a-
16   7(a).
17           24.   HHS also possessed discretionary exclusion authority.          HHS
18   could exclude an entity from participation in Medicare under certain
19   circumstances, including where a person who had a direct or indirect
20   ownership or control interest of 5 percent or more in the entity, or
21   was an officer, director, agent, or managing employee of the entity,
22   (i) had been convicted of certain crimes, including all crimes that
23   would subject a person to mandatory exclusion, or (ii) had been
24   excluded from participation in Federal health care programs.            42
25   U.S.C. § 1320a-7(b)(8).      HHS could also exclude any entity that did
26   not fully and accurately make any disclosure required by 42 U.S.C.
27   § 1320a-3.     42 U.S.C. § 1320a-7(b)(9).
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 1        25.     The effect of exclusion was to prohibit the payment by any

 2   Federal health care program for any items or services the excluded

 3   person or entity furnished, ordered, or prescribed in any capacity.

 4   Excluded persons were also prohibited from furnishing administrative

 5   and management services, including health information technology

 6   services, strategic planning, billing, and human resources, even if

 7   the services did not directly involve patient care or the provision

 8   of any health care related services.

 9        26.     A provider initially enrolling in Medicare or revalidating

10   its enrollment was required to disclose any affiliation it had at the

11   time, or within the previous five years, with a Medicare provider or

12   supplier that been excluded from participation in Medicare.            42

13   C.F.R. § 424.519(b).

14        27.     Reinstatement following exclusion from Medicare was not

15   automatic.    An excluded person was required to apply for and be

16   granted reinstatement by HHS.

17        Defendants SHAMS and NAVARRO’s Convictions and Exclusion

18        28.     On or about August 23, 1990, the United States District
19   Court for Eastern District of New York entered a judgment of
20   conviction against defendant SHAMS, in case no. 9:89-cr-667, for
21   Medicaid fraud.
22        29.     On or about July 22, 1991, as a consequence of defendant
23   SHAMS’s conviction in the Eastern District of New York, the
24   Department of Health and Human Services, Office of Inspector General
25   (“HHS-OIG”) excluded defendant SHAMS from participation in Medicare,
26   Medicaid, and all other Federal health care programs for a period of
27   five years.    At the time of the exclusion, HHS-OIG informed defendant
28   SHAMS in writing that the effect of the exclusion included that no
                                           8
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 1   payment would be made to any entity in which he served as an

 2   employee, administrator, operator, or in any other capacity for any

 3   services furnished after the effective date of the exclusion, and

 4   further informed him that in order to apply for reinstatement, he

 5   must make a request in writing to HHS-OIG, which would notify him

 6   about any decision on reinstatement.

 7        30.   On or about December 20, 2001, the Superior Court of

 8   California, County of Orange, in case nos. 00WF1386FA, 00WF0152FA,

 9   00WF1387FA, 00WF1385FA, and 00WF1763FA, entered a judgment of

10   conviction against defendant SHAMS for felony grand theft related to

11   billing fraud involving Medicare and the Medi-Cal program, a state

12   health care program as defined by 42 U.S.C. § 1320a-7(h) that

13   provided free or reduced cost health care benefits to low income and

14   other qualifying persons in California.

15        31.   On or about August 19, 2004, as a consequence of defendant

16   SHAMS’s conviction in the Orange County Superior Court, HHS-OIG

17   excluded defendant SHAMS from participation in Medicare, Medicaid,

18   and all other Federal health care programs for a period of ten years.

19   At the time of the exclusion, HHS-OIG informed defendant SHAMS in

20   writing that the effect of the exclusion included that no payment

21   would be made to any employer for anything that he did, ordered, or

22   prescribed to program patients.       HHS-OIG further informed him that

23   reinstatement was not automatic, that he would have to apply in

24   writing to HHS-OIG for reinstatement, and that he would have to await

25   a decision by HHS-OIG on his reinstatement.

26        32.   Defendant SHAMS did not apply to HHS-OIG for reinstatement

27   following the 1991 and 2004 exclusions, and he remained an excluded

28   individual.
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 1        33.    On or about November 16, 2017, in case no. 17-cr-558, in

 2   the United States District Court for the Eastern District of New

 3   York, defendant SHAMS entered a plea of guilty to an Information

 4   charging conspiracy to commit money laundering, conspiracy to receive

 5   and pay health care kickbacks, and conspiracy to defraud by

 6   obstructing the lawful functions of the Internal Revenue Service.

 7        34.    On or about May 23, 2000, the Superior Court of California,

 8   County of Orange, in case nos. GA040021, GA040022, DJ00WF0152, and

 9   LA035275, entered judgments of conviction against defendant NAVARRO

10   for felony grand theft related to billing fraud involving the

11   Medicare and Medi-Cal programs.

12        35.    On or about September 30, 2002, as a consequence of

13   defendant NAVARRO’s conviction in the Orange County Superior Court,

14   HHS-OIG excluded defendant NAVARRO from participation in Medicare,

15   Medicaid, and all other federal health care programs for a period of

16   15 years.   At the time of the exclusion, HHS-OIG informed defendant

17   NAVARRO in writing that the effect of the exclusion included that no

18   payment would be made to any employer for anything that she did,

19   ordered, or prescribed to program patients.         HHS-OIG further informed

20   her that reinstatement was not automatic, that she would have to

21   apply in writing to HHS-OIG for reinstatement, and that she would

22   have to await a decision by HHS-OIG on her reinstatement.

23        36.    On or about November 6, 2018, defendant NAVARRO submitted a

24   false and fraudulent Application for Reinstatement to Federal Health

25   Care Programs to HHS-OIG that falsely stated she had not owned or

26   operated a health care entity, or served as a manager, administrator,

27   or director of any entity that furnished health care items or

28   services, during the period of her exclusion.          In reliance on this
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 1   false and fraudulent application, on or about December 14, 2018, HHS-

 2   OIG reinstated defendant NAVARRO.

 3   B.   OBJECT OF THE CONSPIRACY

 4        37.   Beginning in or around the middle of 2018, and continuing
 5   through April 19, 2022, in Los Angeles County, within the Central
 6   District of California, and elsewhere, defendants SHAMS and NAVARRO
 7   knowingly conspired with one another, Marketer A, and others known
 8   and unknown to the Grand Jury, to commit health care fraud, in
 9   violation of Title 18, United States Code, Section 1347.
10   C.   THE MANNER AND MEANS OF THE CONSPIRACY
11        38.   The object of the conspiracy was carried out, and to be
12   carried out, in substance, as follows:
13              a.    Defendants SHAMS and NAVARRO, despite being excluded
14   from participation in all Federal health care programs, maintained an
15   ownership interest in, exercised management and control of, and
16   provided administrative and management services to, Matias, a
17   provider that submitted claims for reimbursement of laboratory
18   testing services to Medicare and other Federal health care programs.
19              b.    Defendants SHAMS and NAVARRO, for the purpose of
20   enabling Matias to maintain billing privileges and receive
21   reimbursements from Medicare and other Federal health care programs,
22   fraudulently concealed defendant SHAMS and NAVARRO’s role in Matias
23   from Medicare by failing to submit enrollment information disclosing
24   (i) defendants SHAMS and NAVARRO’s assumption of an ownership and
25   control interest, (ii) defendants SHAMS and NAVARRO’s status as
26   excluded persons, and (iii) defendants SHAMS and NAVARRO’s prior
27   convictions of multiple federal and state health care fraud offenses.
28
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 1              c.    Defendants SHAMS and NAVARRO fraudulently submitted

 2   and caused to be submitted to Medicare enrollment and other documents

 3   that: (i) falsely identified Individual A as the only person with a 5

 4   percent or greater ownership interest or managing control in Matias;

 5   (ii) falsely identified Individual A and Individual B as the only

 6   officers of Matias; (iii) concealed and disguised defendants SHAMS

 7   and NAVARRO’s ownership, control, managerial positions, and roles in

 8   Matias; and (iv) concealed and disguised defendants SHAMS and

 9   NAVARRO’s prior convictions.

10              d.    Defendants SHAMS and NAVARRO fraudulently submitted

11   and caused to be submitted to the California Department of Public

12   Health documents that: (i) falsely stated that no individuals who

13   were managing employees of the laboratory had designated criminal

14   convictions; and (ii) concealed and disguised defendants SHAMS and

15   NAVARRO’s roles as officers, directors, or persons responsible to

16   manage or conduct the day-to-day operations of Matias.

17              e.    Defendants SHAMS and NAVARRO paid and caused to be

18   paid illegal kickbacks and bribes to Marketer A and others in

19   exchange for specimens and doctors’ orders, so that Matias could

20   perform laboratory tests and submit claims for reimbursement to

21   Federal health care programs, including Medicare.

22              f.    Defendant SHAMS, while under federal court supervision

23   in the Eastern District of New York as a result of his 2017 guilty

24   pleas, made false statements and material omissions to the United

25   States Probation Office and Pretrial Services Agency in regard to his

26   employment and income, in order to conceal his association with

27   Matias and enable Matias to continue receiving reimbursements from

28   Medicare and other Federal health care programs.
                                          12
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 1              g.    Defendant NAVARRO, in an Application for Reinstatement

 2   to Federal Health Care Program Participation submitted to HHS on or

 3   about November 6, 2018, concealed her association with and management

 4   of Matias so that Matias could continue receiving reimbursements from

 5   Medicare and other Federal health care programs.

 6              h.    As the effects of the COVID-19 pandemic began to be

 7   felt in the United States and many patients faced difficulty

 8   obtaining access to COVID-19 testing, defendants SHAMS and NAVARRO

 9   and others used the COVID-19 pandemic as an opportunity to expand the

10   pre-existing conspiracy and to capitalize on a national emergency for

11   their own financial gain by billing for COVID-19 testing and bundling

12   the COVID-19 test with more expensive respiratory testing that did

13   not identify or test for COVID-19, irrespective of whether the

14   testing was medically necessary.

15              i.    Defendants SHAMS and NAVARRO caused Medicare’s

16   reimbursements on Matias’ fraudulent claims to be deposited into

17   Matias’ bank accounts, from which defendants SHAMS and NAVARRO made

18   large cash withdrawals and caused transfers to be made to other bank

19   accounts they controlled to fund purchases of real estate, luxury

20   items, travel, and household expenses.

21        39.   Between approximately August 2018 and March 2022,

22   defendants SHAMS and NAVARRO caused Matias to submit to Medicare

23   false and fraudulent claims in the approximate amount of $214,274,998

24   for laboratory tests, including COVID-19 and respiratory pathogen

25   tests, that were ineligible for reimbursement and procured through

26   the payment of illegal kickbacks and bribes, and without regard for

27   the medical necessity of such tests.        As a result of these false and

28
                                          13
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 1   fraudulent claims, Medicare made payments to Matias in the

 2   approximate amount of $29,223,869.

 3        40.   Of the amounts set forth in paragraph 39, defendants SHAMS

 4   and NAVARRO caused Matias to submit to Medicare, after the onset of

 5   the COVID-19 pandemic, false and fraudulent claims in the approximate

 6   amount of $143,418,715 for COVID-19, respiratory pathogen, and other

 7   tests for those Medicare beneficiaries who received COVID-19 tests,

 8   resulting in Medicare reimbursing Matias in the approximate amount of

 9   $18,038,814 for these tests.

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 1                                      COUNT TWO

 2                                 [18 U.S.C. § 371]

 3                                  [ALL DEFENDANTS]

 4        41.   The Grand Jury incorporates paragraphs 1 through 36 and 38

 5   through 40 of this Indictment here.

 6   A.   OBJECTS OF THE CONSPIRACY

 7        42.   Beginning in or around the middle of 2018, and continuing
 8   through in or around April 19, 2022, in Los Angeles County, within
 9   the Central District of California, and elsewhere, defendants SHAMS
10   and NAVARRO knowingly conspired with one another, Marketer A, and
11   others known and unknown to the Grand Jury, to do the following:
12              a.    To defraud the United States and an agency thereof by
13   impairing, impeding, obstructing, and defeating, through deceitful
14   and dishonest means, the lawful government functions of HHS and CMS
15   in their administration and oversight of Medicare, in violation of
16   Title 18, United States Code, Section 371;
17              b.    to knowingly and willfully solicit and receive
18   remuneration in return for purchasing, leasing, ordering, and
19   arranging for and recommending purchasing, leasing, and ordering any
20   good, facility, service, and item for which payment may be made in
21   whole and in part under a Federal health care program, in violation
22   of Title 42, United States Code, Section 1320a-7b(b)(1)(B); and
23              c.    to knowingly and willfully offer to pay and pay any
24   remuneration to any person to induce such person to purchase, lease,
25   order, and arrange for and recommend purchasing, leasing, and
26   ordering any good, facility, service, and item for which payment may
27   be made in whole and in part under a Federal health care program, in
28   violation of Title 42, United States Code, Section 1320a-7b(b)(2)(B).
                                          15
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 1   B.   THE MANNER AND MEANS OF THE CONSPIRACY

 2        43.   The objects of the conspiracy were carried out, and to be

 3   carried out, in substance, as set forth in paragraph 38 of this

 4   Indictment.

 5   C.   OVERT ACTS

 6        44.   On or about the following dates, in furtherance of the
 7   conspiracy and to accomplish its objects, defendants SHAMS and
 8   NAVARRO, Marketer A, and others committed, and willfully caused
 9   others to commit, the following overt acts, among others, within the
10   Central District of California and elsewhere:
11        Overt Act No. 1:        On July 24, 2018, defendants SHAMS and
12   NAVARRO met with Marketer A in Las Vegas, Nevada, and provided a
13   contract pursuant to which Marketer A would be paid illegal kickbacks
14   and bribes in the form of a percentage of the reimbursements received
15   by Matias, including from Federal health care programs, in exchange
16   for Marketer A arranging for specimens and doctors’ orders to be
17   provided to Matias so that Matias could perform laboratory tests and
18   submit false and fraudulent claims for payment to Medicare.
19        Overt Act No. 2:        On November 2, 2018, defendants SHAMS and
20   NAVARRO caused a check in the approximate amount of $5,000, drawn on
21   the Matias WF x7139 bank account, to be deposited into a bank account
22   controlled by Marketer A, in exchange for Marketer A arranging to
23   obtain specimens and doctors’ orders and providing them to Matias for
24   testing.
25        Overt Act No. 3:        On January 11, 2019, defendants SHAMS and
26   NAVARRO caused a check in the approximate amount of $15,000, drawn on
27   the Matias WF x7139 bank account, to be deposited into a bank account
28   controlled by Marketer A, in exchange for Marketer A arranging to
                                          16
      Case 2:22-cr-00154-SB Document 1 Filed 04/19/22 Page 17 of 25 Page ID #:17



 1   obtain specimens and doctors’ orders and providing them to Matias for

 2   testing.

 3        Overt Act No. 4:        On June 17, 2019, defendants SHAMS and

 4   NAVARRO caused a check in the approximate amount of $15,000, drawn on
 5   the Matias EW x5549 bank account, to be deposited into a bank account
 6   controlled by Marketer A, in exchange for Marketer A arranging to
 7   obtain specimens and doctors’ orders and providing them to Matias for
 8   testing.
 9        Overt Act No. 5:        On October 15, 2019, defendant SHAMS caused
10   a check in the approximate amount of $10,000, drawn on the Matias EW
11   x5549 bank account, to be deposited into a bank account controlled by
12   Marketer A, in exchange for Marketer A arranging to obtain specimens
13   and doctors’ orders and providing them to Matias for testing.
14

15

16

17

18

19

20

21

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24

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26

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                                          17
      Case 2:22-cr-00154-SB Document 1 Filed 04/19/22 Page 18 of 25 Page ID #:18



 1                                 COUNTS THREE AND FOUR

 2                 [42 U.S.C. § 1320a-7b(b)(2)(B), 18 U.S.C. § 2]

 3                                   [ALL DEFENDANTS]

 4        45.    The Grand Jury incorporates paragraphs 1 through 36 and

 5   paragraph 38 through 40 of this Indictment here.

 6        46.    On or about the dates set forth below, in Los Angeles

 7   County, within the Central District of California, and elsewhere,

 8   defendants SHAMS and NAVARRO, together with others known and unknown

 9   to the Grand Jury, each aiding and abetting one another, knowingly

10   and willfully offered and paid, and caused to be offered and paid,

11   remuneration, namely, checks in the amounts identified below, which

12   constituted kickbacks and bribes, to the individual listed below, to

13   induce such individual to order, and arrange for and recommend

14   ordering, a service, namely laboratory testing, for which payment may

15   be made in whole and in part under a Federal health care program,

16   namely, Medicare:

17

18              COUNT    APPROX.       PAYOR         PAYEE       APPROX.
                           DATE                                   AMOUNT
19

20                                                              $15,000
                         January                                (WF x7139
21              THREE                  Matias     Marketer A
                        11, 2019                                check no.
                                                                3123)
22

23                                                              $15,000
                        June 17,                                (EW x5549
24              FOUR                   Matias     Marketer A
                          2019                                  check no.
                                                                3542)
25

26

27

28
                                          18
      Case 2:22-cr-00154-SB Document 1 Filed 04/19/22 Page 19 of 25 Page ID #:19



 1                                     COUNT FIVE

 2                 [42 U.S.C. § 1320a-7b(a)(3)(i); 18 U.S.C. § 2]

 3                                 [DEFENDANT SHAMS]

 4        47.   The Grand Jury incorporates paragraphs 1 through 36 and 38

 5   through 40 of this Indictment here.

 6        48.   On or about May 12, 2020, in Los Angeles County, within the

 7   Central District of California, and elsewhere, defendant SHAMS,

 8   together with others known and unknown to the Grand Jury, each aiding

 9   and abetting each other, having knowledge of the occurrence of an

10   event affecting defendant SHAMS’s initial and continued right to a

11   payment, and of the initial and continued right to a payment of any

12   other individual on whose behalf defendant SHAMS applied for and

13   received such payment, knowingly and willfully concealed and failed

14   to disclose, and caused to be concealed, such event, namely,

15   defendant SHAMS’s exclusion from Medicare and subsequent conviction

16   in 2017, with an intent to fraudulently secure such payment in a

17   greater amount and quantity than was due and when no such payment was

18   authorized.

19

20

21

22

23

24

25

26

27

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                                          19
      Case 2:22-cr-00154-SB Document 1 Filed 04/19/22 Page 20 of 25 Page ID #:20



 1                                      COUNT SIX

 2                               [18 U.S.C. § 1956(h)]

 3                                  [ALL DEFENDANTS]

 4        49.   The Grand Jury incorporates paragraphs 1 through 36 and 38

 5   through 40 of this Indictment here.

 6        50.   Nurse Plus, dba Specialty Infusion Services (“Nurse Plus”),

 7   was a California corporation with an address at 3345 Wilshire

 8   Boulevard, Suite 407, Los Angeles, California 90010.           Defendant

 9   NAVARRO owned, controlled, and operated Nurse Plus.

10        51.   Proworx LLC (“Proworx”) was a Delaware company, registered

11   to do business in New York, with an address at 41 El Camino Loop,

12   Staten Island, New York 10309.       Defendant NAVARRO owned, controlled,

13   and operated Proworx.

14   A.   OBJECTS OF THE CONSPIRACY

15        52.   Beginning in or around the middle of 2018, and continuing
16   through April 19, 2022, in Los Angeles County, within the Central
17   District of California, and elsewhere, defendants SHAMS and NAVARRO,
18   along with others known and unknown to the Grand Jury, knowingly
19   conspired to commit the following offenses against the United States:
20              a.    Knowing that property involved in financial
21   transactions affecting interstate and foreign commerce represented
22   the proceeds of some form of unlawful activity, and which property
23   was, in fact, the proceeds of a specified unlawful activity, namely,
24   conspiracy to commit health care fraud, in violation of 18 U.S.C.
25   § 1349; illegal remuneration for health care referrals, in violation
26   of 42 U.S.C. § 1320a-7b(b)(2)(B); and false statements, in violation
27   of 42 U.S.C. § 1320a-7b(a)(3)(i), conducting, attempting to conduct,
28   and willfully causing others to conduct and attempt to conduct
                                          20
      Case 2:22-cr-00154-SB Document 1 Filed 04/19/22 Page 21 of 25 Page ID #:21



 1   financial transactions affecting interstate commerce, knowing that

 2   the transactions were designed in whole and in part to conceal and

 3   disguise the nature, location, source, ownership, and control of the

 4   proceeds of such specified unlawful activity, in violation of Title

 5   18, United States Code, Section 1956(a)(1)(B)(i); and

 6                 b.   knowingly engaging and attempting to engage in

 7   monetary transactions involving criminally derived property of a

 8   value greater than $10,000, which property represented the proceeds

 9   of specified unlawful activity, namely, conspiracy to commit health

10   care fraud, in violation of 18 U.S.C. § 1349; illegal remuneration

11   for health care referrals, in violation of 42 U.S.C. § 1320a-

12   7b(b)(2)(B); and false statements, in violation of 42 U.S.C. § 1320a-

13   7b(a)(3)(i), in violation of Title 18, United States Code, Section

14   1957.

15   B.      THE MANNER AND MEANS OF THE CONSPIRACY

16           53.   The objects of the conspiracy were carried out, and to be
17   carried out, in substance, as follows:
18                 a.   As described in paragraph 38 of this Indictment,
19   defendants SHAMS and NAVARRO caused the submission of false and
20   fraudulent claims to Medicare, resulting in Medicare depositing
21   payments for those claims into Matias’s bank account.
22                 b.   Defendants SHAMS and NAVARRO withdrew, transferred,
23   and caused the transfer of Medicare funds that were deposited into
24   the Matias WF x7139 account and the Matias EW x5549 account, which
25   constituted the proceeds of conspiracy to commit health care fraud,
26   illegal remuneration for health care referrals, and false statements,
27   as follows:
28                      i.   Defendants SHAMS and NAVARRO made and caused to
                                          21
      Case 2:22-cr-00154-SB Document 1 Filed 04/19/22 Page 22 of 25 Page ID #:22



 1   be made cash withdrawals, often in excess of $10,000.

 2                    ii.   Defendants SHAMS and NAVARRO transferred and

 3   caused to be transferred funds for the purpose of engaging in real

 4   estate transactions involving properties in the names of other

 5   individuals.

 6                    iii. Defendants SHAMS and NAVARRO transferred and

 7   caused to be transferred funds to bank accounts controlled by

 8   defendant NAVARRO in the names of Nurse Plus and Proworx, which were

 9   shell companies controlled by defendant NAVARRO, after which

10   defendants SHAMS and NAVARRO made and caused to be made further

11   transfers out of those accounts, often in amounts exceeding $10,000,

12   to fund real estate transactions and to purchase luxury items and

13   goods and services for their personal use.

14                    iv.   Defendants SHAMS and NAVARRO transferred and

15   caused to be transferred funds to an account at East West Bank ending

16   in 6273, in the name of defendant SHAMS, who in turn made multiple

17   transfers out of the account in excess of $10,000, including a wire

18   transfer to an overseas location.

19

20

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      Case 2:22-cr-00154-SB Document 1 Filed 04/19/22 Page 23 of 25 Page ID #:23



 1                            FORFEITURE ALLEGATION ONE

 2                              [18 U.S.C. § 982(a)(7)]

 3        1.    Pursuant to Rule 32.2(a), Fed. R. Crim. P., notice is

 4   hereby given that the United States will seek forfeiture as part of

 5   any sentence, pursuant to Title 18, United States Code, Section

 6   982(a)(7), in the event of any defendant’s conviction of the offenses

 7   set forth in any of Counts One through Five of this Indictment.

 8        2.    Any defendant so convicted shall forfeit to the United

 9   States of America the following:

10              (a)   All right, title, and interest in any and all

11   property, real or personal, that constitutes or is derived, directly

12   or indirectly, from the gross proceeds traceable to the commission of

13   any offense of conviction; and

14              (b)   To the extent such property is not available for

15   forfeiture, a sum of money equal to the total value of the property

16   described in subparagraph (a).

17        3.    Pursuant to Title 21, United States Code, Section 853(p),

18   as incorporated by Title 18, United States Code, Section 982(b), any

19   defendant so convicted shall forfeit substitute property, up to the

20   total value of the property described in the preceding paragraph if,

21   as a result of any act or omission of said defendant, the property

22   described in the preceding paragraph, or any portion thereof (a)

23   cannot be located upon the exercise of due diligence; (b) has been

24   transferred, sold to, or deposited with a third party; (c) has been

25   placed beyond the jurisdiction of the Court; (d) has been

26   substantially diminished in value; or (e) has been commingled with

27   other property that cannot be divided without difficulty.

28
                                          23
      Case 2:22-cr-00154-SB Document 1 Filed 04/19/22 Page 24 of 25 Page ID #:24



 1                            FORFEITURE ALLEGATION TWO

 2                              [18 U.S.C. § 982(a)(1)]

 3        1.    Pursuant to Rule 32.2 of the Federal Rules of Criminal

 4   Procedure, notice is hereby given that the United States will seek

 5   forfeiture as part of any sentence, pursuant to Title 18, United

 6   States Code, Section 982(a)(1), in the event of any defendant’s

 7   conviction of the offense set forth in Count Six of this Indictment.

 8        2.    Any defendant, if so convicted, shall forfeit to the United

 9   States of America the following:

10              (a)   Any property, real or personal, involved in such

11   offense, and any property traceable to such property; and

12              (b)   To the extent such property is not available for

13   forfeiture, a sum of money equal to the total value of the property

14   described in subparagraph (a).

15        3.   Pursuant to Title 21, United States Code, Section 853(p), as

16   incorporated by Title 28, United States Code, Section 982(b)(1), and

17   Title 18, United States Code, Section 982(b)(2), the defendant, if so

18   convicted, shall forfeit substitute property, if, by any act or

19   omission of the defendant, the property described in the preceding

20   paragraph, or any portion thereof (a) cannot be located upon the

21   exercise of due diligence; (b) has been transferred, sold to, or

22   deposited with a third party; (c) has been placed beyond the

23   jurisdiction of the court; (d) has been substantially diminished in

24   value; or (e) has been commingled with other property that cannot be

25   divided without difficulty.      Substitution of assets shall not be

26   ordered, however, where the convicted defendant acted merely as an

27   intermediary who handled but did not retain the property in the

28   course of the money laundering offense unless the defendant, in
                                          24
      Case 2:22-cr-00154-SB Document 1 Filed 04/19/22 Page 25 of 25 Page ID #:25



 1   committing the offense or offenses giving rise to the forfeiture,

 2   conducted three or more separate transactions involving a total of

 3   $100,000.00 or more in any twelve-month period.

 4

 5                                      A TRUE BILL

 6

 7                                             /S/
 8                                      Foreperson

 9
     TRACY L. WILKISON
10   United States Attorney

11

12

13   SCOTT M. GARRINGER
     Assistant United States Attorney
14   Chief, Criminal Division
15
     KRISTEN A. WILLIAMS
16   Assistant United States Attorney
     Acting Chief, Major Frauds Section
17
     JOSEPH S. BEEMSTERBOER
18   Acting Chief, Fraud Section
     U.S. Department of Justice
19

20   NIALL M. O’DONNELL
     Assistant Chief, Fraud Section
21   U.S. Department of Justice

22   GARY A. WINTERS
     RAYMOND E. BECKERING III
23   Trial Attorneys, Fraud Section
24   U.S. Department of Justice

25

26

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