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First Superseding Indictment — United States v. Lourdes Navarro, Central District of California (Document 87)

Summary

A First Superseding Indictment filed April 13, 2023 as Document 87 in United States v. 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 and wire fraud under 18 U.S.C. § 1349, health care fraud under 18 U.S.C. § 1347, conspiracy to commit money laundering under 18 U.S.C. § 1956(h) and false statements under 18 U.S.C. § 1001(a)(3), with criminal forfeiture. The indictment alleges that the defendant and Imran Shams owned and operated Matias' Clinical Laboratory, Inc., dba Health Care Providers Laboratory. It describes Medicare coverage of COVID-19 and respiratory pathogen tests and the HRSA COVID-19 Uninsured Program, and recites Shams's 1990 Medicaid fraud conviction and exclusion by HHS-OIG.

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

“First Superseding Indictment — United States v. Lourdes Navarro, Central District of California (Document 87).” Original at archive.org. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/indictment-no-2-22-cr-00154-dkt-87-c-d-cal-8dea6d43ae/, SHA-256 22ed4f177cc23f0f5a0d85072800431a2f759adccbc052c1e117af8404d720a3.

Full text

     Case 2:22-cr-00154-SB Document 87 Filed 04/13/23 Page 1 of 28 Page ID #:436



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 8                          UNITED STATES DISTRICT COURT

 9                    FOR THE CENTRAL DISTRICT OF CALIFORNIA

10                               June 2022 Grand Jury

11   UNITED STATES OF AMERICA,               CR 2:22-CR-154-SB -2
12             Plaintiff,                    F I R S T
                                             S U P E R S E D I N G
13                   v.                      I N D I C T M E N T
14   LOURDES NAVARRO,                        [18 U.S.C. § 1349: Conspiracy to
       aka “Lulu,”                           Commit Health Care Fraud and Wire
15                                           Fraud; 18 U.S.C. § 1347: Health
               Defendant.                    Care Fraud; 18 U.S.C. § 1956(h):
16                                           Conspiracy to Commit Money
                                             Laundering; 18 U.S.C.
17                                           § 1001(a)(3): False Statements;
                                             18 U.S.C. §§ 982(a)(1) and
18                                           982(a)(7): Criminal Forfeiture]
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 1        The Grand Jury charges:

 2                                     COUNT ONE

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

 4   A.   INTRODUCTORY ALLEGATIONS

 5        At times relevant to this First Superseding Indictment:
 6        1.   ‘Matias’ Clinical Laboratory, Inc., doing business as
 7   (“dba”) Health Care Providers Laboratory (“Matias”), was a clinical
 8   testing laboratory located at 14411 Palmrose Avenue, Baldwin Park,
 9   California 91706, within the Central District of California.
10        2.   Defendant LOURDES NAVARRO, also known as “Lulu,” was a
11   resident of Glendale, California, within the Central District of
12   California, and New York.
13        3.   Defendant NAVARRO and her husband, Imran Shams (“Shams”),
14   owned, controlled, and operated Matias.
15        4.   Individual A and Individual B were, at various times,
16   listed on business records and corporate filings submitted by Matias
17   as President, Vice President, and Chief Financial Officer of Matias.
18        5.   Until in or around May 2019, Matias maintained a bank
19   account at Wells Fargo Bank, N.A. with an account number ending in
20   7139 (“WF x7139”).    Beginning in or around May 2019 and continuing to
21   at least April 2022, Matias maintained a bank account at East West
22   Bank with an account number ending in 5549 (“EW x5549”).           Defendant
23   NAVARRO and Shams controlled the WF x7139 and EW x5549 bank accounts.
24        6.   Wells Fargo Bank, N.A. and East West Bank were financial
25   institutions as defined in 18 U.S.C. § 20.
26        The Medicare Program
27        7.   The Medicare program (“Medicare”) was a federally funded
28   health insurance program, affecting commerce, that provided benefits
                                          2
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 1   to individuals who were 65 years and older, and to certain disabled

 2   persons.   Medicare was administered by the Centers for Medicare and

 3   Medicaid Services (“CMS”), a federal agency under the United States

 4   Department of Health and Human Services (“HHS”).          Medicare was a

 5   “health care benefit program” as defined in 18 U.S.C. § 24(b) in that

 6   it was a public plan or contract affecting commerce, and a “Federal

 7   health care program” as defined by 42 U.S.C. § 1320a-7b(f).

 8        8.    Individuals who qualified for Medicare benefits were

 9   referred to as Medicare “beneficiaries.”        Medicare beneficiaries were

10   issued beneficiary identification cards that certified eligibility

11   for Medicare and identified each beneficiary by a unique number.

12        9.    Physicians, clinical laboratories, and other health care

13   providers that provided medical services to beneficiaries that were

14   to be reimbursed by Medicare were referred to as Medicare “providers”

15   and “suppliers.”

16        10.   Medicare was divided into different program “parts.”            Part

17   A covered health services provided by hospitals, skilled nursing

18   facilities, hospices, and home health agencies; Part B was a medical

19   insurance program that covered, among other things, medical services

20   provided by physicians, medical clinics, and laboratories; and Part

21   C, known as the Medicare Advantage Program, provided Medicare

22   beneficiaries with the option to receive their Medicare benefits

23   through private managed care plans rather than through Parts A and B.

24        11.   Private health insurance companies offering Medicare

25   Advantage plans were required to provide Medicare beneficiaries with

26   the same services and supplies offered under Medicare Parts A and B.

27   To be eligible to enroll in a Medicare Advantage plan, a person had

28   to have been entitled to benefits under Medicare Parts A and B.
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 1        Medicare Coverage

 2        12.   Medicare paid for claims only if the items or services were

 3   medically necessary for the treatment or diagnosis of the

 4   beneficiary’s illness or injury, documented, and actually provided as

 5   represented.   Medicare would not pay for items or services that were

 6   procured through kickbacks and bribes.

 7        13.   On January 31, 2020, HHS declared that, in light of

 8   confirmed cases of novel coronavirus disease 2019, commonly referred

 9   to as “COVID-19,” a public health emergency existed nationwide.

10        14.   In or around May 2020, in response to the public health

11   emergency for the COVID-19 pandemic, Medicare removed the requirement

12   that COVID-19 tests and certain, defined respiratory pathogen tests

13   be ordered by a treating physician.       Under the interim policy,

14   Medicare covered COVID-19 tests and certain, defined respiratory

15   pathogen tests when ordered by any health care professional

16   authorized to do so under state law.       Under the interim policy,

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

18   reasonable and medically necessary for the treatment of illness or

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

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

21   covered by Medicare.

22        Medicare Enrollment

23        15.   In order to receive payment for covered items and services
24   furnished to Medicare beneficiaries, providers and suppliers,
25   including clinical laboratories, were required to submit a Medicare
26   enrollment application, CMS Form 855B, in which the supplier
27   certified its compliance with all Medicare-related laws and
28   regulations, including the Federal Anti-Kickback Statute, 42 U.S.C.
                                          4
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 1   § 1320a-7b(b), which prohibited the offering, paying, soliciting, or

 2   receiving of any remuneration in exchange for a patient referral or

 3   the referral of other business for which payment may be made by any

 4   Federal health care program.      Providers and suppliers further agreed

 5   not to submit claims for payment to Medicare knowing they were false

 6   or fraudulent or with deliberate ignorance or reckless disregard of

 7   their truth or falsity.     If Medicare approved the application, the

 8   providers and suppliers were permitted to submit claims to Medicare

 9   for reimbursement for services provided to Medicare beneficiaries.

10        16.   In order to maintain active enrollment status, and as a

11   condition of participation in Medicare, a clinical laboratory was

12   required to report changes in enrollment information that involved

13   any change of ownership or control interest within 30 days.            42

14   U.S.C. § 1320a-3; 42 C.F.R. § 424.516(e)(1).         A clinical laboratory

15   was also required to certify that it did not employ an individual who

16   had been excluded from participation in Medicare.          42 C.F.R. §

17   424.516(a)(3)(i).

18        17.   A person with an “ownership or control interest” was

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

20   indirect ownership interest of five percent or more, or an officer or

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

22   managing employee was defined as a “general manager, business

23   manager, administrator, director, or other individual that exercises

24   operational or managerial control over, or who directly or indirectly

25   conducts, the day-to-day operation of the provider or supplier,

26   either under contract or through some other arrangement, whether or

27   not the individual is a W-2 employer of the provider or supplier.

28   42 C.F.R. § 424.502.
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 1        18.   For certain types of suppliers, including clinical

 2   laboratories, the application to enroll in Medicare or make changes

 3   to enrollment was known as Form CMS-855B.        Among other information,

 4   Form CMS-855B contained spaces for a provider to identify persons who

 5   have five percent or greater direct or indirect ownership interest,

 6   and all managing employees, including “a general manager, business

 7   manager, administrator, director, or other person who exercises

 8   operational or managerial control over, or who directly or indirectly

 9   conducts, the day-to-day operations . . . regardless of whether the

10   individual is a W-2 employee of the supplier.”         Form CMS-855B further

11   provided space for disclosure of any final adverse legal action,

12   including the federal or state agency or court/administrative body

13   that imposed an action, against any of the persons identified as

14   having ownership interest and/or managing control of the provider.

15        19.   Certain suppliers, including clinical laboratories, were

16   required to resubmit and recertify the accuracy of their enrollment

17   information every five years.      Among the types of information

18   required to be provided were changes in ownership interest and/or

19   managing control, including listing individuals who were five percent

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

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

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

23   required disclosure of whether any individuals who were added as

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

25   subject of final adverse legal action as described above.

26        The HRSA COVID-19 Uninsured Program

27        20.   The Families First Coronavirus Response Act (“FFCRA”) was a
28   federal law enacted on or about March 14, 2020, as part of the
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 1   federal government’s initial response to the then-emerging COVID-19

 2   pandemic.

 3        21.     The FFCRA, among other things, appropriated funds to

 4   reimburse the cost of providing diagnostic testing and services for

 5   COVID-19 in individuals without health insurance.          These funds, and

 6   additional funds appropriated through subsequent legislation for

 7   testing, treatment, and vaccines for uninsured individuals, were

 8   distributed through the COVID-19 Claims Reimbursement to Health Care

 9   Providers and Facilities for Testing, Treatment, and Vaccine

10   Administration for the Uninsured Program (“HRSA COVID-19 Uninsured

11   Program”).

12        22.     The HRSA COVID-19 Uninsured Program was administered by HHS

13   through its agency, the Health Resources and Services Administration

14   (“HRSA”).    HRSA contracted with UnitedHealth Group, a private

15   insurance company, to handle claims administration and payments,

16   which UnitedHealth Group performed through its unit Optum Health.

17   Reimbursements by HRSA were provided on a rolling basis directly to

18   eligible providers, including laboratories.         The HRSA COVID-19

19   Uninsured Program was a “health care benefit program” as defined in

20   18 U.S.C. § 24(b) in that it was a public plan or contract affecting

21   commerce, and a “Federal health care program” as defined by 42 U.S.C.

22   § 1320a-7b(f).

23        23.     In order to receive reimbursement under the HRSA COVID-19

24   Uninsured Program, a provider was required to attest to compliance

25   with the Terms and Conditions of the program. The terms and

26   conditions required the provider to submit truthful claims, in

27   respect to uninsured individuals, for: (1) COVID-19 testing, which

28   was defined as a test for the detection of SARS-CoV-2 or the
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 1   diagnosis of the virus that causes COVID-19, and/or testing-related

 2   items and services such as an office visit or a telehealth visit that

 3   resulted in the administration of a COVID-19 test; (2) care or

 4   treatment related to positive diagnoses of COVID-19, where COVID-19

 5   was the primary reason for treatment; or (3) administering a COVID-19

 6   vaccination.

 7           24.   Providers seeking reimbursement under the HRSA COVID-19

 8   Uninsured Program were required to enroll as a provider participant,

 9   check to ensure that patients were uninsured, submit claims and

10   patient information electronically, and receive payment through

11   direct deposit.     Reimbursements were generally made at Medicare

12   rates.

13           25.   Claims submitted electronically to the COVID-19 Uninsured

14   Program and payments made from the COVID-19 Uninsured Program were

15   transmitted through interstate wires.

16           Exclusion From Federal Health Care Programs

17           26.   HHS was required to exclude any individual or entity from
18   participating in all Federal health care programs upon conviction for
19   certain crimes, including a criminal offense related to the delivery
20   of an item or service under Medicare or any State health care
21   program, or a felony conviction related to health care fraud or other
22   financial misconduct (“mandatory exclusion”).         42 U.S.C. § 1320a-
23   7(a).
24           27.   HHS also possessed discretionary exclusion authority.           HHS
25   could exclude an entity from participation in Medicare under certain
26   circumstances, including where a person who had a direct or indirect
27   ownership or control interest of five percent or more in the entity,
28   or was an officer, director, agent, or managing employee of the
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 1   entity, (i) had been convicted of certain crimes, including all

 2   crimes that would subject a person to mandatory exclusion, or (ii)

 3   had been excluded from participation in Federal health care programs.

 4   42 U.S.C. § 1320a-7(b)(8).      HHS could also exclude any entity that

 5   did not fully and accurately make any disclosure required by 42

 6   U.S.C. § 1320a-3.    42 U.S.C. § 1320a-7(b)(9).

 7        28.     The effect of exclusion was to prohibit the payment by any

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

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

10   Excluded persons were also prohibited from furnishing administrative

11   and management services, including health information technology

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

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

14   of any health care related services.

15        29.     Reinstatement following exclusion from Medicare was not

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

17   granted reinstatement by HHS.

18        Convictions and Exclusions of Defendant NAVARRO and Shams

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

 2   entity in which he served as an employee, administrator, operator, or

 3   in any other capacity for any services furnished after the effective

 4   date of the exclusion, and further informed him that in order to

 5   apply for reinstatement, he must make a request in writing to HHS-

 6   OIG, which would notify him about any decision on reinstatement.

 7        32.   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 Shams for felony grand theft related to billing

11   fraud involving Medicare and the Medi-Cal program, a State health

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

13   or reduced cost health care benefits to low income and other

14   qualifying persons in California.

15        33.   On or about August 19, 2004, as a consequence of Shams’s

16   conviction in the Orange County Superior Court, HHS-OIG excluded

17   Shams from participation in Medicare, Medicaid, and all other Federal

18   health care programs for a period of ten years.          At the time of the

19   exclusion, HHS-OIG informed Shams in writing that the effect of the

20   exclusion included that no payment would be made to any employer for

21   anything that he did, ordered, or prescribed to program patients.

22   HHS-OIG further informed him that reinstatement was not automatic,

23   that he would have to apply in writing to HHS-OIG for reinstatement,

24   and that he would have to await a decision by HHS-OIG on his

25   reinstatement.

26        34.   Shams did not apply to HHS-OIG for reinstatement following

27   the 1991 and 2004 exclusions, and he remained an excluded individual.

28
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 1        35.    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, Shams entered a plea of guilty to an Information charging

 4   conspiracy to commit money laundering, conspiracy to receive and pay

 5   health care kickbacks, and conspiracy to defraud by obstructing the

 6   lawful functions of the Internal Revenue Service.

 7        36.    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        37.    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        Reinstatement of Defendant NAVARRO

24        38.    On or about September 27, 2018, 16 years after defendant
25   NAVARRO had been excluded from Medicare, defendant NAVARRO,
26   indicating an address in the Central District of California,
27   submitted a letter to HHS-OIG requesting reinstatement to Medicare.
28
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 1        39.   On or about October 1, 2018, HHS-OIG responded in a letter

 2   to defendant NAVARRO, at an address in the Central District of

 3   California, stating that in order to apply for reinstatement,

 4   defendant NAVARRO was required to respond to each question in an

 5   Application for Reinstatement to Federal Health Care Program

 6   Participation (“Application for Reinstatement”) and provide her

 7   entire work history since the effective date of the exclusion,

 8   including “all health care employment.”         The letter advised that

 9   defendant NAVARRO could not participate “in any capacity, in the

10   Medicare, Medicaid, or any Federal health care programs” until HHS-

11   OIG provided written notice of reinstatement.

12        40.   On or about November 6, 2018, defendant NAVARRO submitted a

13   false and fraudulent Application for Reinstatement to HHS-OIG that

14   falsely stated, among other things, that defendant NAVARRO had not

15   owned or operated a health care entity, or served as a manager,

16   administrator, or director of any entity that furnished health care

17   items or services, during the period of her exclusion.           In reliance

18   on this false and fraudulent application, on or about December 14,

19   2018, HHS-OIG reinstated defendant NAVARRO.

20        Insurance Company-1

21        41.   Insurance Company-1 was an integrated health management
22   organization that provided health care and health care coverage to
23   its members in California and other states. In addition to providing
24   coverage to its members, Insurance Company-1 contracted with CMS to
25   provide managed care to Medicare Advantage beneficiaries through
26   various plans.
27

28
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 1        42.   Insurance Company-1 was a “health care benefit program” as

 2   defined in 18 U.S.C. § 24(b), in that it was a private plan or

 3   contract affecting commerce.

 4        43.   Insurance Company-1 reimbursed physicians, clinical

 5   laboratories, and other health care providers for medical items and

 6   services provided to members of Insurance Company-1 and Medicare

 7   Advantage beneficiaries enrolled in its various plans, and paid for

 8   claims only if the items and services were medically necessary and

 9   provided as represented.

10        Laboratory Testing

11        44.   Clinical laboratories such as Matias performed various
12   types of tests, such as toxicology screens, urinalysis, routine blood
13   work, and tests for respiratory pathogens.         These tests were
14   performed on urine, blood, and saliva samples, and nasal swabs
15   (“specimens”).    Physicians, nurse practitioners, and other authorized
16   providers could issue orders (“doctors’ orders”) for laboratory
17   testing for Medicare beneficiaries and other patients.
18        45.   Laboratories could perform tests to detect whether an
19   individual had COVID-19.      Laboratories could also perform tests to
20   detect a variety of viral and bacterial respiratory pathogens.             Tests
21   for respiratory pathogens were sometimes performed in “panels” that
22   targeted multiple pathogens, known as a respiratory pathogen panel
23   (“RPP”).   Panels could be designed to test different numbers of
24   pathogens, and could also include a test for COVID-19.
25        46.   Claims for reimbursement of laboratory tests were submitted
26   to Medicare, other Federal health care programs, and private insurers
27   using Common Procedural Terminology (“CPT”) codes, a set of
28   standardized codes used by medical professionals, laboratories, and
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 1   other medical providers to describe the services they provided.

 2   There were CPT codes for RPPs that targeted multiple pathogens, as

 3   well as codes for the individual pathogens that could be included in

 4   a panel.

 5        47.   In general, the amounts Medicare, HRSA, and private

 6   insurers reimbursed laboratories for RPP and other respiratory

 7   pathogen testing were several times higher than the amounts they

 8   reimbursed for COVID-19 testing.

 9   B.   OBJECTS OF THE CONSPIRACY

10        48.   Beginning in or around the middle of 2018, and continuing
11   through April 19, 2022, in Los Angeles County, within the Central
12   District of California, and elsewhere, defendant NAVARRO knowingly
13   conspired with Shams and others known and unknown to the Grand Jury,
14   to commit health care fraud and wire fraud, in violation of Title 18,
15   United States Code, Sections 1347 and 1343.
16   C.   THE MANNER AND MEANS OF THE CONSPIRACY
17        49.   The objects of the conspiracy were carried out, and to be
18   carried out, in substance, as follows:
19              a.    Defendant NAVARRO and Shams, despite being excluded
20   from participation in all Federal health care programs, maintained an
21   ownership interest in, exercised management and control of, and
22   provided administrative and management services to, Matias, a
23   provider that submitted claims for reimbursement of laboratory
24   testing services to Medicare and other Federal health care programs.
25              b.    Defendant NAVARRO and Shams, for the purpose of
26   enabling Matias to maintain billing privileges and receive
27   reimbursements from Medicare and other Federal health care programs,
28   fraudulently concealed defendant NAVARRO and Shams’s roles in Matias
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 1   from Medicare by failing to submit enrollment information disclosing:

 2   (i) defendant NAVARRO and Shams’s assumption of an ownership and

 3   control interest; (ii) defendant NAVARRO and Shams’s status as

 4   excluded persons; and (iii) defendant NAVARRO and Shams’s prior

 5   convictions of multiple federal and state health care fraud offenses.

 6              c.    Defendant NAVARRO and Shams fraudulently submitted and

 7   caused to be submitted to Medicare enrollment and other documents

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

 9   five percent or greater ownership interest or managing control in

10   Matias; (ii) falsely identified Individual A and Individual B as the

11   only officers of Matias; (iii) concealed and disguised defendant

12   NAVARRO and Shams’s ownership, control, managerial positions, and

13   roles in Matias; and (iv) concealed and disguised defendant NAVARRO

14   and Shams’s prior convictions.

15              d.    Defendant NAVARRO and Shams fraudulently submitted and

16   caused to be submitted to the California Department of Public Health

17   documents that: (i) falsely stated that no individuals who were

18   managing employees of the laboratory had designated criminal

19   convictions; and (ii) concealed and disguised defendant NAVARRO and

20   Shams’s roles as officers, directors, or persons responsible to

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

22              e.    Defendant NAVARRO, in an Application for Reinstatement

23   submitted to HHS-OIG on or about November 6, 2018, falsely concealed

24   her operation and management of Matias, and made other false

25   statements, so that Matias could continue receiving reimbursements

26   from Medicare and other Federal health care programs.

27              f.    Defendant NAVARRO and Shams paid and caused to be paid

28   illegal kickbacks and bribes to purported marketers and others in
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 1   exchange for specimens and doctors’ orders, so that Matias could

 2   perform laboratory tests, including COVID-19 and RPP tests, and

 3   submit claims for reimbursement to Federal health care programs,

 4   including Medicare and HRSA.

 5              g.    After the COVID-19 pandemic began, defendant NAVARRO

 6   and Shams obtained nasal swab specimens that enabled Matias to test

 7   for the presence of SARS-CoV-2, the virus that causes COVID-19 (the

 8   “COVID-19 Specimens”), as well as testing orders from physicians and

 9   other medical professionals.       The COVID-19 Specimens were collected

10   from, among others, residents and staff at nursing homes, assisted

11   living facilities, rehabilitation facilities, and similar types of

12   facilities, and from students and staff at schools in the Los Angeles

13   area, for the purported purpose of conducting screening tests to

14   identify and isolate individuals infected with COVID-19.

15              h.    Defendant NAVARRO and Shams routinely caused various

16   RPP tests to be performed on the COVID-19 Specimens that had been

17   collected for the purpose of performing COVID-19 screening tests,

18   even though physicians and medical professionals ordered testing only

19   for COVID-19, and even though it was not medically necessary to

20   conduct RPP tests on asymptomatic individuals who were being screened

21   to identify COVID-19 infections.

22              i.    Defendant NAVARRO and Shams submitted and caused to be

23   submitted to Medicare, HRSA, and Insurance Company-1 false and

24   fraudulent claims for the aforementioned RPP tests performed on the

25   COVID-19 Specimens, in that the claims were submitted for tests that

26   were not ordered as represented, medically unnecessary, procured

27   through the payment of kickbacks and bribes, and ineligible for

28   reimbursement.    The claims were submitted through CPT codes
                                          16
     Case 2:22-cr-00154-SB Document 87 Filed 04/13/23 Page 17 of 28 Page ID #:452



 1   representing panels of tests as well through CPT codes representing

 2   individual respiratory pathogens.

 3                 j.   Defendant NAVARRO and Shams caused the creation of

 4   false and fraudulent test requisitions that purportedly reflected the

 5   ordering of RPP tests, when in truth and in fact, physicians and

 6   other medical professionals had ordered only COVID-19 tests.

 7                 k.   Defendant NAVARRO and Shams caused false and

 8   fraudulent claims for RPP tests to be submitted to HRSA by

 9   representing that the tested individuals had been diagnosed with

10   COVID-19, when in truth and in fact, the individuals had not been

11   diagnosed with COVID-19 and the tests were for screening purposes

12   only.

13                 l.   Defendant NAVARRO and Shams caused Medicare, HRSA, and

14   Insurance Company-1’s reimbursements on Matias’ fraudulent claims to

15   be deposited into Matias’ bank accounts, from which defendant NAVARRO

16   and Shams made large cash withdrawals and caused transfers to be made

17   to other bank accounts they controlled to fund purchases of real

18   estate, luxury items, travel, and household expenses.

19           50.   Between approximately August 2018 and April 2022, defendant

20   NAVARRO and Shams caused Matias to submit to Medicare false and

21   fraudulent claims in the approximate amount of $234 million for

22   laboratory tests, including COVID-19 tests, RPP tests, and other

23   tests, that were not ordered as represented, medically unnecessary,

24   procured through the payment of kickbacks and bribes, and ineligible

25   for reimbursement.     As a result of these false and fraudulent claims,

26   Medicare made payments to Matias in the approximate amount of $31.7

27   million.

28
                                          17
     Case 2:22-cr-00154-SB Document 87 Filed 04/13/23 Page 18 of 28 Page ID #:453



 1        51.   Of the amounts set forth in paragraph 50, defendant NAVARRO

 2   and Shams caused Matias to submit to Medicare, after the onset of the

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

 4   amount of $138 million for RPP tests that were not ordered as

 5   represented, medically unnecessary, procured through the payment of

 6   kickbacks and bribes, and ineligible for reimbursement.           As a result

 7   of these false and fraudulent claims, Medicare reimbursed Matias in

 8   the approximate amount of $16.9 million.

 9        52.   Between approximately September 2020 and April 2022,

10   defendant NAVARRO and Shams caused Matias to submit to HRSA, through

11   interstate wire transmissions, false and fraudulent claims in the

12   approximate amount of $182.8 million for RPP tests that were not

13   ordered as represented, medically unnecessary, procured through the

14   payment of kickbacks and bribes, and ineligible for reimbursement.

15   As a result of these false and fraudulent claims, HRSA made payments

16   to Matias in the approximate amount of $25.2 million.

17        53.   Between approximately June 2020 and December 2021,

18   defendant NAVARRO and Shams caused Matias to submit to Insurance

19   Company-1, for both Medicare Advantage beneficiaries and members

20   insured directly by Insurance Company-1, false and fraudulent claims

21   in the approximate amount of $38.4 million for RPP tests that were

22   not ordered as represented, medically unnecessary, procured through

23   the payment of kickbacks and bribes, and ineligible for

24   reimbursement.    As a result of these false and fraudulent claims,

25   Insurance Company-1 made payments to Matias in the approximate amount

26   of $12.2 million.

27        54.   In total, defendant NAVARRO and Shams caused Matias to

28   submit false and fraudulent claims to Medicare, HRSA, and Insurance
                                          18
     Case 2:22-cr-00154-SB Document 87 Filed 04/13/23 Page 19 of 28 Page ID #:454



 1   Company-1 in the approximate amount of $455.2 million, resulting in

 2   payments to Matias in the approximate amount of $69.1 million.

 3

 4

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 8

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     Case 2:22-cr-00154-SB Document 87 Filed 04/13/23 Page 20 of 28 Page ID #:455



 1                             COUNTS TWO THROUGH SEVEN

 2                            [18 U.S.C. §§ 1347, 2(b)]

 3        55.    The Grand Jury incorporates paragraphs 1 through 47 and 49

 4   through 54 of this First Superseding Indictment here.

 5   A.   THE SCHEME TO DEFRAUD

 6        56.    Beginning in or around the middle of 2018, and continuing
 7   through April 19, 2022, in Los Angeles County, within the Central
 8   District of California, and elsewhere, defendant NAVARRO, together
 9   with Shams and others known and unknown to the Grand Jury, each
10   aiding and abetting the others, knowingly, willfully, and with the
11   intent to defraud, executed a scheme and artifice: (1) to defraud
12   health care benefit programs, namely, Medicare, the HRSA COVID-19
13   Uninsured Program, and Insurance Company-1; and (2) to obtain money
14   from health care benefit programs, namely, Medicare, the HRSA COVID-
15   19 Uninsured Program, and Insurance Company-1, by means of materially
16   false and fraudulent pretenses, representations, and promises, and
17   the concealment of material facts, both in connection with the
18   delivery of and payment for health care benefits, items, and
19   services.
20        57.    The fraudulent scheme operated, in substance, as described
21   in paragraphs 50 through 55 of this First Superseding Indictment.
22   B.   EXECUTION OF THE SCHEME TO DEFRAUD
23        58.    On or about the dates set forth below, within the Central
24   District of California, and elsewhere, defendant NAVARRO, together
25   with Shams and others known and unknown to the Grand Jury, aiding and
26   abetting each other, knowingly and willfully executed and willfully
27   caused the execution of the fraudulent scheme described above by
28   submitting and causing to be submitted to Medicare, the HRSA COVID-19
                                          20
     Case 2:22-cr-00154-SB Document 87 Filed 04/13/23 Page 21 of 28 Page ID #:456



 1   Uninsured Program, and Insurance Company-1 the false and fraudulent

 2   claims identified below:

 3

 4                     APPROX.
                         DATE                              APPROX. APPROX.
 5   COUNT    CLAIM                            SERVICES                     BENE-
                        CLAIM     INSURER                   AMOUNT AMOUNT
               NO.                              BILLED                     FICIARY
                       SUBMITT                              BILLED   PAID
 6
                          ED
 7            551121                       Respiratory
                       07/28/
      TWO     209403              Medicare   pathogen       $2,829    $448     S.M.
 8                      2021
                360                           testing
              551121                       Respiratory
 9                     02/23/
     THREE    054050              Medicare   pathogen       $2,829    $448     J.G.
                        2021
10              740                           testing
              551121                       Respiratory
                       07/31/
11    FOUR    214260              Medicare   pathogen       $2,829    $448     E.C.
                        2021
                260                           testing
12                                         Respiratory
              DE0286   01/20/
      FIVE                          HRSA     pathogen       $2,217    $306     J.M.
13             6393     2022
                                              testing
14                                         Respiratory
              DE3385   01/28/
      SIX                           HRSA     pathogen       $2,217    $306     B.L.
               4122     2022
15                                            testing
                                           Respiratory
16            401732   05/13/    Insurance
     SEVEN                                   pathogen       $2,971   $1,841    L.H.
               9880     2021     Company-1
17                                            testing

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                                          21
     Case 2:22-cr-00154-SB Document 87 Filed 04/13/23 Page 22 of 28 Page ID #:457



 1                                     COUNT EIGHT

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

 3        60.   The Grand Jury incorporates paragraphs 1 through 47 and 49

 4   through 54 of this First Superseding Indictment here.

 5        61.   Nurse Plus, dba Specialty Infusion Services (“Nurse Plus”),

 6   was a California corporation with an address at 3345 Wilshire

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

 8   NAVARRO owned, controlled, and operated Nurse Plus.

 9        62.   Proworx LLC (“Proworx”) was a Delaware company, registered

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

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

12   and operated Proworx.

13   A.   OBJECTS OF THE CONSPIRACY

14        63.   Beginning in or around the middle of 2018, and continuing
15   through April 19, 2022, in Los Angeles County, within the Central
16   District of California, and elsewhere, defendant NAVARRO, Shams, and
17   others known and unknown to the Grand Jury, knowingly conspired to
18   commit the following offenses against the United States:
19              a.    Knowing that property involved in financial
20   transactions affecting interstate and foreign commerce represented
21   the proceeds of some form of unlawful activity, and which property
22   was, in fact, the proceeds of a specified unlawful activity, namely,
23   conspiracy to commit health care fraud and wire fraud, in violation
24   of 18 U.S.C. § 1349, and health care fraud, in violation of 18 U.S.C.
25   § 1347, conducting, attempting to conduct, and willfully causing
26   others to conduct and attempt to conduct financial transactions
27   affecting interstate commerce, knowing that the transactions were
28   designed in whole and in part to conceal and disguise the nature,
                                          22
     Case 2:22-cr-00154-SB Document 87 Filed 04/13/23 Page 23 of 28 Page ID #:458



 1   location, source, ownership, and control of the proceeds of such

 2   specified unlawful activity, in violation of Title 18, United States

 3   Code, Section 1956(a)(1)(B)(i); and

 4              b.    knowingly engaging and attempting to engage in

 5   monetary transactions involving criminally derived property of a

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

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

 8   care fraud and wire fraud, in violation of 18 U.S.C. § 1349, and

 9   health care fraud, in violation of 18 U.S.C. § 1347, in violation of

10   Title 18, United States Code, Section 1957.

11   B.   THE MANNER AND MEANS OF THE CONSPIRACY

12        64.   The objects of the conspiracy were carried out, and to be
13   carried out, in substance, as follows:
14              a.    As described in paragraphs 49 through 54 of this First
15   Superseding Indictment, defendant NAVARRO and Shams caused the
16   submission of false and fraudulent claims to Medicare, HRSA, and
17   Insurance Company-1, resulting in those payors depositing payments
18   for such claims into Matias’s bank account.
19              b.    Defendant NAVARRO and Shams withdrew, transferred, and
20   caused the transfer of Medicare, HRSA, and Insurance Company-1 funds
21   that were deposited into the Matias WF x7139 account and the Matias
22   EW x5549 account, which constituted the proceeds of conspiracy to
23   commit health care fraud and wire fraud, and health care fraud, as
24   follows:
25                    i.    Defendant NAVARRO and Shams made and caused to be
26   made cash withdrawals, often in excess of $10,000.
27                    ii.   Defendant NAVARRO and Shams transferred and
28   caused to be transferred funds for the purpose of engaging in real
                                          23
     Case 2:22-cr-00154-SB Document 87 Filed 04/13/23 Page 24 of 28 Page ID #:459



 1   estate transactions involving properties in the names of other

 2   individuals.

 3                    iii. Defendant NAVARRO and Shams transferred and

 4   caused to be transferred funds to bank accounts controlled by

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

 6   shell companies controlled by defendant NAVARRO, after which

 7   defendant NAVARRO and Shams made and caused to be made further

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

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

10   goods and services for their personal use.

11                    iv.   Defendant NAVARRO and Shams transferred and

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

13   in 6273, in the name of Shams, who in turn made multiple transfers

14   out of the account in excess of $10,000, including a wire transfer to

15   an overseas location.

16

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     Case 2:22-cr-00154-SB Document 87 Filed 04/13/23 Page 25 of 28 Page ID #:460



 1                                     COUNT NINE

 2                             [18 U.S.C. § 1001(a)(3)]

 3        65.   The Grand Jury incorporates paragraphs 1 through 47 and 49

 4   through 54 of this First Superseding Indictment here.

 5        66.   On or about November 6, 2018, in Los Angeles County, within

 6   the Central District of California, in a matter within the

 7   jurisdiction of the executive branch of the government of the United

 8   States, namely, HHS-OIG, defendant NAVARRO knowingly and willfully

 9   made a false writing and document, namely, an Application for

10   Reinstatement, knowing the same to contain materially false,

11   fictitious, and fraudulent statements and entries, as follows:

12              a.    In response to Question 8 on the Application for

13   Reinstatement, which asked the respondent, “During your period of

14   exclusion did you own any health care related entity, operate any

15   health care related entity, or serve as a manager, administrator, or

16   director of any entity that furnished health care services?”

17   defendant NAVARRO wrote “NO.”       In fact, as defendant NAVARRO knew,

18   during the period of her exclusion, defendant NAVARRO had operated

19   and managed entities that furnished health care services.

20              b.    In response to Question 16 on the Application for

21   Reinstatement, which asked the respondent, “Please list any and all

22   employment (health care, non-health care, part-time, self-employment,
23   etc.) and all periods of unemployment” during the entire period of
24   the exclusion “to the present,” defendant NAVARRO wrote “2013 –
25   onwards Housewife.”     In fact, as defendant NAVARRO knew, between 2013
26   and the date of the Application, defendant NAVARRO had operated and
27   managed entities that furnished health care services.
28
                                          25
     Case 2:22-cr-00154-SB Document 87 Filed 04/13/23 Page 26 of 28 Page ID #:461



 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 the defendant’s conviction of the offenses

 7   set forth in any of Counts One through Seven or Count Nine of this

 8   First Superseding Indictment.

 9        2.    The defendant, if so convicted, shall forfeit to the United

10   States of America the following:

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

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

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

14   any offense of conviction; and

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

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

17   described in subparagraph (a).

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

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

20   defendant, if convicted shall forfeit substitute property, up to the

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

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

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

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

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

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

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

28   other property that cannot be divided without difficulty.
                                          26
     Case 2:22-cr-00154-SB Document 87 Filed 04/13/23 Page 27 of 28 Page ID #:462



 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 the defendant’s

 7   conviction of the offense set forth in Count Eight of this First

 8   Superseding Indictment.

 9        2.    The defendant, if so convicted, shall forfeit to the United

10   States of America the following:

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

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

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

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

15   described in subparagraph (a).

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

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

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

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

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

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

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

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

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

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

26   divided without difficulty.      Substitution of assets shall not be

27   ordered, however, where the defendant acted merely as an intermediary

28   who handled but did not retain the property in the course of the
                                          27
     Case 2:22-cr-00154-SB Document 87 Filed 04/13/23 Page 28 of 28 Page ID #:463



 1   money laundering offense unless the defendant, in committing the

 2   offense or offenses giving rise to the forfeiture, conducted three or

 3   more separate transactions involving a total of $100,000.00 or more

 4   in any twelve-month period.

 5

 6                                      A TRUE BILL

 7

 8                                      ___/S/__________________________
                                        Foreperson
 9

10   E. MARTIN ESTRADA
     United States Attorney
11

12

13

14   MACK E. JENKINS
     Assistant United States Attorney
15   Chief, Criminal Division
16
     RANEE A. KATZENSTEIN
17   Assistant United States Attorney
     Chief, Major Frauds Section
18
     GLENN S. LEON
19   Chief, Fraud Section
20   U.S. Department of Justice

21   NIALL M. O’DONNELL
     Assistant Chief, Fraud Section
22   U.S. Department of Justice
23   GARY A. WINTERS
     RAYMOND E. BECKERING III
24
     Trial Attorneys, Fraud Section
25   U.S. Department of Justice

26

27

28

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