Plea Agreement — United States v. Christopher Garnto, No. 21-CR-60020-WPD (Dkt. 246, S.D. Fla.)

Summary

Christopher Garnto agreed to plead guilty to Count 1 of the indictment in case 21-CR-60020-WPD in the Southern District of Florida: conspiracy to commit health care fraud against private health insurance plans and wire fraud. The agreement, with the Justice Department's Fraud Section and the U.S. Attorney's Office, notes a statutory maximum of twenty (20) years in prison, up to three (3) years of supervised release and a $100.00 special assessment. In recommendations not binding on the Court, the parties agree the loss to private insurers was more than $3,500,000 and less than $9,500,000, adding eighteen levels, with two more for more than 10 victims. Garnto agrees to a forfeiture money judgment of $729,306, the gross proceeds of the conspiracy, and stipulates to restitution of $375,227, jointly and severally with co-conspirators. Garnto also agrees to cooperate with investigators.

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA

CASE NO, 21-CR-60020-WPD

UNITED STATES OF AMERICA
vs.
CHRISTOPHER GARNTO,

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 Christopher Garnto (hereinafter
referred to as the “Defendant”’), enter into the following agreement:

1. The Defendant agrees to plead guilty to Count 1 of the Indictment (hereinafter the
“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 and wire fraud, that is: (a) 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), that is, private health insurance plans, and to obtain, by means
of materially false and fraudulent pretenses, representations, and promises, money and property
owned by, and under the custody and control of, said health care benefit program, in connection

with the delivery of and payment for health care benefits, items, and services, in violation of Title
18, United States Code, Section 1347; and (b) to knowingly and with the intent to defraud, devise
and intend to devise a scheme and artifice to defraud and for obtaining money and property by
means of materially false and fraudulent pretenses, representations, and promises, knowing the
pretenses, representations, and promises were false and fraudulent when made, and for the purpose
of executing the scheme and artifice, did knowingly transmit and cause to be transmitted by means
of wire communication in interstate commerce, certain writings, signs, signals, pictures, and
sounds, in violation of Title 18, United States Code, Section 1343. The Defendant acknowledges
that he has read the charges against him contained in the Indictment and that the charges have been
fully explained to him by his attorney.

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

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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
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 offenses 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 and wire fraud, as charged in Count 1, the Court may
impose a statutory maximum term of imprisonment of up to twenty (20) 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

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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
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 crime 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, andwith federal regulatory officials charged with regulating or overseeing the Medicare

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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
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 3E1.1 of the Sentencing Guidelines, based upon the Defendant’s recognition

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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
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 5K1.1 of the Sentencing Guidelines, or
subsequent to sentencing by motion pursuant to Rule 35 of the Federal Rules of Criminal

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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
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),
5K1.1 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 the conspiracy to
commit health care fraud and wire fraud, as charged in Count 1 of the Indictment;
and

(b) That the Defendant’s participation in the conspiracy to commit health care fraud
and wire fraud resulted in an actual or intended loss to private insurers of more than
$3,500,000 and less than $9,500,000.

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, other than the basis for
variance discussed below, the Court impose a sentence within the advisory sentencing guideline

range produced by application of the Sentencing Guidelines. The Defendant agrees that he will

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neither move for a downward departure, nor will he seek a variance from, the applicable
Sentencing Guidelines range pursuant to the factors set forth in Title 18, United States Code,
Section 3553(a), except with respect to the Defendant’s personal history or personal characteristics
that are unrelated to the charged conduct. The Defendant further agrees that he will not suggest
that the United States Probation Office consider a downward departure or adjustment or suggest
that the Court sua sponte consider a downward departure, except with respect to personal history
or personal characteristics unrelated to the charged conduct.

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 is seven (7), in

accordance with U.S.S.G. § 2B1.1(a)(1); and

(b) Loss: That the Defendant’s offense level shall be increased by eighteen (18) levels
pursuant to U.S.S.G. § 2B1.1(b)(1)(J) because the loss amount was more than
$3,500,000 but less than $9,500,000; and

(c) More than 10 Victims: That the Defendant’s offense level shall be increased by

two (2) levels pursuant to U.S.S.G. § 2B1.2(b)(2)(A)(1) because the offense
involved 10 or more victims; and

(d) Vulnerable Victims: That the Defendant’s offense level shall be increased by two

(2) levels pursuant to U.S.S.G. § 3A1.1(b)(1) because the defendant knew or should
have known that a victim f the offense was a vulnerable victim; and

(e) Role Enhancement: That the Defendant’s offense level shall be increased by two

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(2) levels pursuant to U.S.S.G. § 3B1.1(c) because the Defendant was an organizer,
leader, manager, or supervisor in the criminal activity.
TOTAL OFFENSE LEVEL — UNADJUSTED 31

(f) Acceptance of Responsibility: That the Defendant’s offense level shall be

decreased by three (3) levels pursuant to U.S.S.G. §§ 3E1.1(a) and 3E1.1(b)
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 28
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 knowingly agrees to immediately and voluntarily forfeit to the
United States of America, pursuant to Title 18, United States Code, Section 982(a)(7), all property,
real or personal, that constitutes or is derived, directly or indirectly, from gross proceeds traceable
to the offense to which Defendant is pleading guilty. The Defendant agrees that $729,306 is the
total value of the gross proceeds traceable to his health care fraud and wire fraud conspiracy.
18. | The Defendant agrees to the entry of a forfeiture money judgment in the amount of
$729,306 (“Forfeiture Money Judgment”). The Defendant knowingly and voluntarily agrees that
he shall not, in any manner, act in opposition to the United States seeking entry of, and satisfying,

the Forfeiture Money Judgment. The Defendant also agrees to assist this Office in all proceedings,

administrative or judicial, in satisfying the Forfeiture Money Judgment. The assistance shall

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include: identification of property available to satisfy the Forfeiture Money Judgment, and the
transfer of such property to the United States by delivery to this Office upon this Office’s request,
any necessary and appropriate documentation, including consents to forfeiture and quit claim
deeds, to deliver good and marketable title to such property, as well as truthful and complete
testimony in any forfeiture civil or ancillary proceeding as against third parties who may claim an
interest in such assets. Defendant agrees that the United States may seek substitute assets within
the meaning of 21 U.S.C. § 853.

19. The Defendant knowingly and voluntarily waives any right he may have to an
appeal of the Forfeiture Money Judgment, agrees to waive any claim or constitutional, legal or
equitable defense the Defendant may have with respect to such order, including any claim of
excessive fine or penalty under the Eighth Amendment to the United States
Constitution. Additionally, the Defendant waives the statute of limitations, and any notice
requirements, with respect to forfeitures resulting from this case.

20. In furtherance of the collection of the Forfeiture Money Judgment and restitution
judgment, the Defendant agrees to the following:

(a) The Defendant agrees to make full and accurate disclosure of his financial
affairs to the United States Department of Justice, the United States Attorney’s Office and the
United States Probation Office. Specifically, 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

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of the United States. The Defendant 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
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 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 agrees to cooperate fully in the investigation and the
identification of assets to be applied toward forfeiture and 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 § 3E1.1.

(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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(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 (11)
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 $375,227, 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

undertakings made by the United States in this Plea Agreement, the Defendant hereby waives all

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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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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 1B1.8(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 him pursuant to
this Agreement, including offering into evidence or otherwise using the attached Agreed Factual

Basis for Guilty Plea.

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26. — This is the entire Agreement and understanding between the United States and the
Defendant. There are no other agreements, promises, representations or understandings.

JUAN ANTONIO GONZALEZ
ACTING UNITED STATES ATTORNEY
SOUTHERN DISTRICT OF FLORIDA

DANIEL KAHN

ACTING CHIEF

FRAUD SECTION, CRIMINAL DIVISION
U.S. DEPARTMENT OF JUSTICE

Date: F [2/2 By: (| dr. cbs 49k)

‘VAMES V. HAYES
SENIOR LITIGATION COUNSEL

JAMIE DE BOER

TRIAL ATTORNEY

FRAUD SECTION, CRIMINAL DIVISION
U.S. DEPARTMENT OF JUSTICE

By:

CHRISTOPHER GARNTO *

FRANK GAVIRIA, ESQ.
COUNSEL FOR\CHRISTOPHER GARNTO

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