United States v. Enrique Perez-Paris — Plea Agreement, Southern District of Florida (Document 245)
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A plea agreement between the United States, through the Fraud Section of the Criminal Division of the Department of Justice and the United States Attorney's Office for the Southern District of Florida, and Enrique Perez-Paris, Case No. 24-CR-20155-RAR(s), entered on the docket February 26, 2025 as Document 245. The defendant agrees to plead guilty to Count 1 of the Superseding Indictment, conspiracy to commit health care fraud under Section 1349 involving Medicare and the HRSA COVID-19 Uninsured Program. The defendant admits a loss to the health care benefit programs of more than $25,000,000, but not more than $65,000,000, and agrees to cooperate. The parties jointly recommend a total adjusted offense level of 34 after a three-level reduction for acceptance of responsibility. The count carries a statutory maximum of ten (10) years and a special assessment of $100.00.
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“United States v. Enrique Perez-Paris — Plea Agreement, Southern District of Florida (Document 245).”
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Case 1:24-cr-20155-RAR Document 245 Entered on FLSD Docket 02/26/2025 Page 1 of 15
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
Case No. 24-CR-20155-RAR(s)
UNITED STATES OF AMERICA
vs.
ENRIQUE PEREZ-PARIS,
Defendant.
_________________/
PLEA AGREEMENT
The United States of America, by and through the Fraud Section of the Criminal Division
of the Department of Justice and the United States Attorney' s Office for the Southern District of
Florida (hereinafter referred to as the "United States"), and Enrique Perez-Paris (hereinafter
referred to as the "Defendant"), enter into the following agreement:
1. The Defendant agrees to plead guilty to Count 1 of the Superseding Indictment.
Count 1 charges that the Defendant knowingly and willfully combined, conspired, confederated,
and agreed with others, in violation of Title 18, United States Code, Section 1349, to commit health
care fraud, that is, to knowingly and willfully execute a scheme and artifice to defraud a health
care benefit program affecting commerce, as defined in Title 18, United States Code, Section
24(b ), including, Medicare and the COVID-19 Claims Reimbursement to Health Care Providers
and Facilities for Testing, Treatment, and Vaccine Administration for the Uninsured Program
("HRSA COVID-19 Uninsured Program"), and to obtain, by means of materially false and
fraudulent pretenses, representations, and promises, money and property owned by, and under the
Case 1:24-cr-20155-RAR Document 245 Entered on FLSD Docket 02/26/2025 Page 2 of 15
custody and control of, said health care benefit programs, in connection with the delivery of and
payment for health care benefits, items, and services, in violation of Title 18, United States Code,
Section 134 7. The Defendant acknowledges that he has read the charges against him contained in
the Superseding Indictment and that the charges have been fully explained to him by his attorney.
The United States agrees to dismiss Counts 2-7, 8, and 11 of the Superseding Indictment as to this
Defendant after sentencing.
2. The Defendant is aware that the sentence will be imposed by the Court. The
Defendant understands and agrees that federal sentencing law requires the Court to impose a
sentence that is reasonable and that the Court must consider the United States Sentencing
Guidelines and Policy Statements (hereinafter the "Sentencing Guidelines") in determining that
reasonable sentence. The Defendant acknowledges and understands that the Court will compute
an advisory sentence under the Sentencing Guidelines and that the applicable guidelines will be
determined by the Court relying in part on the results of a presentence investigation by the United
States Probation Office ("Probation"), which investigation will commence after the guilty plea has
been entered. The Defendant is also aware that, under certain circumstances, the Court may depart
from the advisory Sentencing Guidelines range that it has computed, and may raise or lower that
advisory sentence under the Sentencing Guidelines. The Defendant is further aware and
understands that while the Court is required to consider the advisory guideline range determined
under the Sentencing Guidelines, it is not bound to impose that sentence. Defendant understands
that the facts that determine the offense level will be found by the Court at the time of sentencing
and that in making those determinations the Court may consider any reliable evidence, including
hearsay, as well as the provisions or stipulations in this Plea Agreement. The United States and
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the Defendant agree to recommend that the Sentencing Guidelines should apply pursuant to United
States v. Booker, that the Sentencing Guidelines provide a fair and just resolution based on the
facts of this case, and that no upward or downward departures are appropriate other than the
reductions for acceptance of responsibility. The Court is permitted to tailor the ultimate sentence
in light of other statutory concerns, and such sentence may be either more severe or less severe
than the Sentencing Guidelines' advisory sentence. Knowing these facts, the Defendant
understands and acknowledges that the Court has the authority to impose any sentence within and
up to the statutory maximum authorized by law for the offense identified in paragraph 1 and that
the Defendant may not withdraw the plea solely as a result of the sentence imposed.
3. The Defendant also understands and acknowledges, that as to the offense of
conspiracy to commit health care fraud, as charged in Count 1, the Court may impose a statutory
maximum term of imprisonment ofup to ten (10) years. In addition to any period of imprisonment
the Court may also impose a period of supervised release of up to three (3) years to commence at
the conclusion of the period of imprisonment. In addition to a term of imprisonment and
supervised release, the Court may impose a fine of up to the greater of $250,000, or twice the
pecuniary gain or loss pursuant to 18 U.S .C. § 3571(d).
4. The Defendant further understands and acknowledges that, in addition to any
sentence imposed under paragraph 3 of this Agreement, a special assessment in the total amount
of $100.00 will be imposed on the Defendant. The Defendant agrees that any special assessment
imposed shall be paid at the time of sentencing.
5. The Defendant understands and acknowledges that, as a result of this plea, the
Defendant will be excluded as a provider from Medicare, Medicaid, and all federal health care
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Case 1:24-cr-20155-RAR Document 245 Entered on FLSD Docket 02/26/2025 Page 4 of 15
programs. Defendant agrees to complete and execute all necessary documents provided by any
department or agency of the federal government, including but not limited to the United States
Department of Health and Human Services, to effectuate this exclusion within 60 days of receiving
the documents. This exclusion will not affect Defendant's right to apply for and receive benefits
as a beneficiary under any federal health care program, including Medicare and Medicaid.
6. The Defendant recognizes that pleading guilty may have consequences with respect
to the Defendant's immigration status if the Defendant is not a natural-born citizen of the United
States. Under federal law, a broad range of crimes are removable offenses, including the crimes
to which the Defendant is pleading guilty. In addition, under certain circumstances,
denaturalization may also be a consequence of pleading guilty to a crime. Removal,
denaturalization, and other immigration consequences are the subject of a separate proceeding,
however, and Defendant understands that no one, including the Defendant' s attorney or the Court,
can predict to a certainty the effect of the Defendant' s conviction on the Defendant's immigration
status. The Defendant nevertheless affirms that the Defendant chooses to plead guilty regardless
of any immigration consequences that the Defendant' s plea may entail, even if the consequence is
the Defendant's denaturalization and automatic removal from the United States.
7. The Defendant shall cooperate with law enforcement officials, attorneys with the
United States Department of Justice and United States Attorney ' s Office for the Southern District
of Florida, and with federal regulatory officials charged with regulating or overseeing the Medicare
program by providing full, complete, and truthful information regarding his knowledge, conduct,
and actions while involved in health care and by providing active cooperation in ongoing
investigations if requested to do so. If called upon to do so, the Defendant shall provide complete
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Case 1:24-cr-20155-RAR Document 245 Entered on FLSD Docket 02/26/2025 Page 5 of 15
and truthful testimony before any grand jury or trial jury in any criminal case, in any civil
proceeding or trial, and in any administrative proceeding or hearing. In carrying out his obligations
under this paragraph, Defendant shall neither minimize his own involvement nor fabricate,
minimize or exaggerate the involvement of others. If the Defendant intentionally provides any
incomplete or untruthful statements or testimony, his actions shall be deemed a material breach of
this Agreement and the United States shall be free to pursue all appropriate charges against him
notwithstanding any agreements to forbear from bringing additional charges as may be otherwise
set forth in this Agreement.
8. The Defendant shall provide the Probation Office and counsel for the United States
with a full, complete, and accurate personal financial statement. If the Defendant provides
incomplete or untruthful statements in his personal financial statement, this action shall be deemed
a material breach of this Agreement and the United States shall be free to pursue all appropriate
charges against him notwithstanding any agreements to forbear from bringing additional charges
otherwise set forth in this Agreement.
9. Provided that the Defendant commits no new criminal offenses and provided that
he continues to demonstrate an affirmative recognition and affirmative acceptance of personal
responsibility for his criminal conduct, the United States agrees that it will recommend at
sentencing that the Defendant receive a three-level reduction for acceptance of responsibility
pursuant to Section 3E 1.1 of the Sentencing Guidelines, based upon the Defendant's recognition
and affirmative and timely acceptance of personal responsibility. The United States, however, will
not be required to make this sentencing recommendation if the Defendant: (1) fails or refuses to
make a full, accurate, and complete disclosure to the United States and Probation of the
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circumstances surrounding the relevant offense conduct and his present financial condition; (2) is
found to have misrepresented facts to the United States prior to entering this Plea Agreement; or
(3) commits any misconduct after entering into this Plea Agreement, including but not limited to
committing a state or federal offense, violating any term of release, or making false statements or
misrepresentations to any governmental entity or official.
10. The United States reserves the right to inform the Court and Probation of all facts
pertinent to the sentencing process, including all relevant information concerning the offenses
committed, whether charged or not, as well as concerning the Defendant and the Defendant's
background. Subject only to the express terms of any agreed-upon sentencing recommendations
contained in this Plea Agreement, the United States further reserves the right to make any
recommendation as to the quality and quantity of punishment.
11 . The United States reserves the right to evaluate the nature and extent of the
Defendant's cooperation and to make the Defendant's cooperation, or lack thereof, known to the
Court at the time of sentencing. If in the sole and unreviewable judgment of the United States the
Defendant's cooperation is of such quality and significance to the investigation or prosecution of
other criminal matters as to warrant the Court's downward departure from the sentence advised by
the Sentencing Guidelines, the United States may at or before sentencing make a motion pursuant
to Title 18, United States Code, Section 3553(e), Section 5Kl.1 of the Sentencing Guidelines, or
subsequent to sentencing by motion pursuant to Rule 35 of the Federal Rules of Criminal
Procedure, reflecting that the Defendant has provided substantial assistance and recommending a
sentence reduction. The Defendant acknowledges and agrees, however, that nothing in this
Agreement may be construed to require the United States to file such a motion and that the United
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Case 1:24-cr-20155-RAR Document 245 Entered on FLSD Docket 02/26/2025 Page 7 of 15
States' assessment of the nature, value, truthfulness, completeness, and accuracy of the
Defendant's cooperation shall be binding on the Defendant.
12. The Defendant understands and acknowledges that the Court is under no obligation
to grant a motion by the United States pursuant to Title 18, United States Code, Section 3553(e),
5Kl.1 of the Sentencing Guidelines or Rule 35 of the Federal Rules of Criminal Procedure, as
referred to in paragraph 11 of this Agreement, should the United States exercise its discretion to
file such a motion.
13. The Defendant admits and acknowledges that the following facts are true and that
the United States could prove them at trial beyond a reasonable doubt:
a. that the Defendant knowingly and willfully participated in a conspiracy to
commit health care fraud, as charged in the Superseding Indictment; and
b. that the Defendant's participation in the conspiracy to commit health care
fraud resulted in an actual or intended loss to the health care benefit
programs, including Medicare and HRSA COVID-19 Uninsured Program,
of more than $25,000,000, but not more than $65,000,000.
14. Based on the foregoing, the United States and the Defendant agree that, although
not binding on Probation or the Court, they will jointly recommend that the Court impose a
sentence within the advisory sentencing guideline range produced by application of the Sentencing
Guidelines. Although not binding on Probation or the Court, the United States and the Defendant
further agree that, except as otherwise expressly contemplated in this Plea Agreement, they will
jointly recommend that the Court neither depart upward nor depart downward under the
Sentencing Guidelines when determining the advisory Sentencing Guideline range in this case.
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Case 1:24-cr-20155-RAR Document 245 Entered on FLSD Docket 02/26/2025 Page 8 of 15
15. The United States and the Defendant agree that, although not binding on Probation
or the Court, they will jointly recommend that the Court make the following findings and
conclusions as to the sentence to be imposed:
(a) Base Offense Level: That the Defendant's base offense level 1s six (6), m
accordance with U.S.S.G. § 2B 1.1 ;
(b) Loss: That the Defendant's offense level shall be increased by twenty-two (22)
levels pursuant to U.S.S.G. § 2Bl.l(b)(l)(L) because the loss amount was more
than $25 ,000,000 but less than $65 ,000,000; and
(c) Federal Health Care Fraud Enhancement: That the Defendant's offense level shall
be increased by four (4) levels pursuant to U.S .S.G. § 2Bl.l(b)(7)(B)(iii) because
the offense constituted a federal health care offense involving a Government health
care program, and the loss amount to the Government health care program exceeded
$20,000,000.
(d) Sophisticated Means: That the Defendant' s offense level shall be increased by two
(2) levels because he engaged in sophisticated means pursuant to U.S.S.G. §
2B 1.1 (b)(1 0)(C).
(e) Role Adjustment: That the Defendant's offense level shall be increased by three (3)
levels since he was a manager/supervisor of the criminal conduct pursuant to
U.S.S.G. § 3Bl.l(b).
TOTAL OFFENSE LEVEL - UNADJUSTED 37
(f) Acceptance of Responsibility : That the Defendant's offense level shall be
decreased by three (3) levels pursuant to U.S.S.G. §§ 3El.l(a) and 3El.l(b)
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Case 1:24-cr-20155-RAR Document 245 Entered on FLSD Docket 02/26/2025 Page 9 of 15
because the Defendant has demonstrated acceptance of responsibility for his
offense and assisted authorities in the investigation of and prosecution of his own
misconduct by timely notifying authorities of his intention to enter a plea of guilty.
TOTAL OFFENSE LEVEL - ADJUSTED 34
16. The Defendant acknowledges and understands that additional or different
enhancements or provisions of the Sentencing Guidelines might be applicable, and that neither the
Court nor Probation are bound by the parties' joint recommendations.
17. The Defendant agrees, in an individual and any other capacity, to forfeit to the
United States, voluntarily and immediately, any right, title, and interest to any property, real or
personal, that constitutes or is derived, directly or indirectly, from gross proceeds traceable to the
commission of the offense, in violation of Title 18, United States Code, Section 1349, pursuant to
Title 18, United States Code, Section 982( a)(7). In addition, the defendant agrees to forfeiture of
substitute property pursuant to 21 U.S.C. § 853(p). The property subject to forfeiture includes, but
is not limited to, a forfeiture money judgment in the sum of approximately $808,193 in U.S.
currency, which sum represents the value of the property subject to forfeiture (the "Forfeiture
Money Judgment").
18. The Defendant further agrees that forfeiture is independent of any assessment, fine,
cost, restitution, or penalty that may be imposed by the Court. The Defendant further agrees to
waive: any constitutional, legal, and equitable claim or defense to the forfeiture of assets in any
judicial or administrative proceeding; any applicable time limits for administrative or judicial
forfeiture proceedings; any claim or defense under the Excessive Fines Clause of the Eighth
Amendment to the United States Constitution; the requirements of Fed. R. Crim. P. 32.2; and any
-
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Case 1:24-cr-20155-RAR Document 245 Entered on FLSD Docket 02/26/2025 Page 10 of 15
appeal of the forfeiture. The Defendant understands that this plea agreement shall serve as a
withdrawal of any pending administrative forfeiture claim.
19. The Defendant also agrees to fully and truthfully disclose the existence, nature and
location of all assets in which the Defendant has or had any direct or indirect financial interest or
control, and any assets involved in the offense of conviction. The Defendant agrees to take all
steps requested by the United States for the recovery and forfeiture of all assets identified by the
United States as subject to forfeiture. This includes, but is not limited to, the timely delivery upon
request of all necessary and appropriate documentation to deliver good and marketable title,
consenting to all orders of forfeiture, and not contesting or impeding in any way with any criminal,
civil or administrative forfeiture proceeding concerning the forfeiture.
20. In furtherance of the collection of the Forfeiture Money Judgment and restitution
judgment, the Defendant also specifically agrees to the following:
(a) The Defendant agrees that within 10 calendar days of the signing of this Plea
Agreement, the Defendant shall submit a completed Financial Disclosure Statement
(form provided by the United States), and shall fully disclose and identify all assets
in which he has any interest and/or over which the Defendant exercises control,
directly or indirectly, including those held by a spouse, nominee, or other third
party, whether located within or outside of the United States. The Defendant also
agrees to provide, in a timely manner, all financial information requested by the
United States Attorney ' s Office and U.S. Probation Office, and upon request, to
meet in person to identify assets/monies which can be used to satisfy the Forfeiture
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Case 1:24-cr-20155-RAR Document 245 Entered on FLSD Docket 02/26/2025 Page 11 of 15
Money Judgment and/or the restitution judgment. In addition, the Defendant
expressly authorizes the United States Attorney's Office to obtain a credit report.
(b) The Defendant agrees that he will not sell, hide, waste, encumber, destroy, or
otherwise devalue any asset without prior approval of the government, until the
Forfeiture Money Judgment and his restitution judgment are paid in full. The
Defendant shall also identify any transfer of assets valued in excess of $5,000.00
since the date of his Information or when he became aware of the criminal
investigation, including the identity of the asset, the value of the asset, the identity
of the third party to whom the asset was transferred, and the current location of the
asset.
(c) The Defendant also agrees to cooperate fully in the investigation and the
identification of assets to be applied toward restitution. The Defendant agrees that
providing false or incomplete information about his financial assets, or hiding,
selling, transferring or devaluing assets and/or failing to cooperate fully in the
investigation and identification of assets may be used as a basis for: (i) separate
prosecution, including, under 18 U.S .C. § 1001 ; or (ii) recommendation of a denial
of a reduction for acceptance of responsibility pursuant to Sentencing Guidelines §
3El.1.
(d) The Defendant further agrees to liquidate assets, or complete any other tasks which
will result in immediate payment of the Forfeiture Money Judgment and the
restitution judgment in full, or full payment in the shortest amount of time, as
requested by the government.
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Case 1:24-cr-20155-RAR Document 245 Entered on FLSD Docket 02/26/2025 Page 12 of 15
(e) The Defendant shall notify, within 30 days, the Clerk of the Court and the United
States Attorney' s Office of: (i) any change of name, residence, or mailing address,
and (ii) any material change in economic circumstances that affects the ability to
pay the Forfeiture.
21 . The Defendant acknowledges that because the offenses of conviction occurred after
April 24, 1996, restitution is mandatory without regard to the Defendant' s ability to pay and that
the Court must order the Defendant to pay restitution for the full loss caused by his criminal
conduct pursuant to 18 U.S.C. § 3663A. Furthermore, the Defendant stipulates that he owes
restitution in the amount of $25,253,565, jointly and severally with his co-conspirators.
22. The Defendant is aware that the sentence has not yet been determined by the Court.
The Defendant is also aware that any estimate of the probable sentencing range or sentence that
the Defendant may receive, whether that estimate comes from the Defendant's attorney, the United
States, or Probation, is a prediction, not a promise, and is not binding on the United States,
Probation or the Court. The Defendant understands further that any recommendation that the
United States makes to the Court as to sentencing, whether pursuant to this Agreement or
otherwise, is not binding on the Court and the Court may disregard the recommendation in its
entirety. The Defendant understands and acknowledges, as previously acknowledged in paragraph
2 above, that the Defendant may not withdraw his plea based upon the Court' s decision not to
accept a sentencing recommendation made by the Defendant, the United States, or a
recommendation made jointly by both the Defendant and the United States.
23. The Defendant is aware that Title 18, United States Code, Section 3742 affords him
the right to appeal the sentence imposed in this case. Acknowledging this, in exchange for the
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Case 1:24-cr-20155-RAR Document 245 Entered on FLSD Docket 02/26/2025 Page 13 of 15
undertakings made by the United States in this Plea Agreement, the Defendant hereby waives all
rights conferred by Section 3742 to appeal any sentence imposed, including any forfeiture or
restitution ordered, or to appeal the manner in which the sentence was imposed, unless the sentence
exceeds the maximum permitted by statute or is the result of an upward departure and/or a variance
from the Sentencing Guidelines range that the Court establishes at sentencing. In addition to the
foregoing provisions, the Defendant hereby waives all rights to argue on appeal that the statute to
which the Defendant is pleading guilty is unconstitutional and that the admitted conduct does not
fall within the scope of the statute. The Defendant further understands that nothing in this
Agreement shall affect the right of the United States and/or its duty to appeal as set forth in Title
18, United States Code, Section 3742(b ). However, if the United States appeals the Defendant's
sentence pursuant to Section 3742(b), the Defendant shall be released from the above waiver of
appellate rights. By signing this Agreement, the Defendant acknowledges that he has discussed
the appeal waiver set forth in this Agreement with his attorney. The Defendant further agrees,
together with the United States, to request that the Court enter a specific finding that the
Defendant's waiver of his right to appeal the sentence to be imposed in this case was knowing and
voluntary.
24. For purposes of criminal prosecution, this Plea Agreement shall be binding and
enforceable upon the Fraud Section of the Criminal Division of the United States Department of
Justice and the United States Attorney ' s Office for the Southern District of Florida. The United
States does not release Defendant from any claims under Title 26, United States Code. Further,
this Agreement in no way limits, binds, or otherwise affects the rights, powers or duties of any
state or local law enforcement agency or any administrative or regulatory authority.
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Case 1:24-cr-20155-RAR Document 245 Entered on FLSD Docket 02/26/2025 Page 14 of 15
25. Defendant agrees that if he fails to comply with any of the provisions of this
Agreement, including the failure to tender such Agreement to the Court, makes false or misleading
statements before the Court or to any agents of the United States, commits any further crimes, or
attempts to withdraw the plea (prior to or after pleading guilty to the charges identified in paragraph
one (1) above), the Government will have the right to characterize such conduct as a breach of this
Agreement. In the event of such a breach: (a) the Government will be free from its obligations
under the Agreement and further may take whatever position it believes appropriate as to the
sentence and the conditions of the Defendant' s release (for example, should the Defendant commit
any conduct after the date of this Agreement that would form the basis for an increase in the
Defendant's offense level or justify an upward departure - examples of which include but are not
limited to, obstruction of justice, failure to appear for a court proceeding, criminal conduct while
pending sentencing, and false statements to law enforcement agents, the Probation Officer, or
Court - the Government is free under this Agreement to seek an increase in the offense level based
on that post-Agreement conduct); (b) the Defendant will not have the right to withdraw the guilty
plea; (c) the Defendant shall be fully subject to criminal prosecution for any other crimes which
he has committed or might commit, if any, including perjury and obstruction of justice; and (d) the
Defendant waives any protections afforded by Section 1B 1.8(a) of the Sentencing Guidelines, Rule
11 of the Federal Rules of Criminal Procedure and Rule 410 of the Federal Rules of Evidence, and
the Government will be free to use against the Defendant, directly and indirectly, in any criminal
or civil proceeding any of the information, statements, and materials provided by his pursuant to
this Agreement, including offering into evidence or otherwise using the attached Agreed Factual
Basis for Guilty Plea.
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Case 1:24-cr-20155-RAR Document 245 Entered on FLSD Docket 02/26/2025 Page 15 of 15
26. This is the entire Agreement and understanding between the United States and the
Defendant. There are no other agreements, promises, representations or understandings.
HAYDEN O'BYRNE
UNITED STATES ATTORNEY
SOUTHERN DISTRICT OF FLORIDA
GLENNS. LEON, CHIEF
Date: ~ • ~
. By:
FRAUD SECTION, CRIMINAL DIVISION
U.S. DEPARTMENT OF JUSTICE
J .H
ASSISTA
REGIN ERJR.
MATTHEW R. BELZ
TRIAL ATTORNEYS
FRAUD SECTION, CRIMINAL DIVISION
U.S. DEPARTMENT OF JUSTICE
Date: . 5/ J.:5
:J./?. By:
• PEREZ-PARIS
DEFENDANT
By:
R , Esq.
ETTA, Esq.
COUNSEL FOR ENRIQUE PEREZ-PARIS
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