Superseding Misdemeanor Information, United States v. Perry Frankel (E.D.N.Y., filed 02/06/24)
Summary
A superseding misdemeanor information against Perry Frankel, Cr. No. 22-180 (S-2) (JS), Case 2:22-cr-00180-JS, filed 02/06/24 as Document 50 in the U.S. District Court for the Eastern District of New York. It charges theft in connection with health care, in violation of Title 18, United States Code, Section 669. The information alleges that on or about October 4, 2021 Frankel submitted or caused a claim to Insurer-1 for an evaluation and management service he did not perform, and that Insurer-1 paid him $41.91 through Advanced Cardiovascular Diagnostics PLLC. It includes a criminal forfeiture allegation under Section 982(a)(7).
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Cite this document
“Superseding Misdemeanor Information, United States v. Perry Frankel (E.D.N.Y., filed 02/06/24).”
Original at ecf.nyed.uscourts.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/superseding-misdemeanor-information-usa-v-frankel-dkt-50-e-d-n-y-02dfc33686/
, SHA-256 d53fec0992713279582b6c916e5fa6a532a0d90260fd635769bf2a1b0be183b4.Full text
Case 2:22-cr-00180-JS Document 50 Filed 02/06/24 Page 1 of 4 PageID #: 507
DCP/TJT:PJC
F.# 2021R01058
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
- - - - - - - - - - - -X
UNITED STATES OF AMERICA SUPERSEDING
MISDEMEANOR
- against - INFORMATION
PERRY FRANKEL, Cr. No. 22-180 (S-2) (JS)
(T. 18, U.S.C., §§ 669, 982(a)(l ),
Defendant. 982(a)(7), 982(b)(l), 2 and 3551 et
~.; T. 21, U.S.C., § 853(p))
- - - - -X
THE UNITED STATES CHARGES:
THEFT IN CONNECTION WITH HEALTH CARE
I. On or about October 4, 2021, within the Eastern District of New York and
elsewhere, the defendant PERRY FRANKEL, together with others, did knowingly, willfully and
without lawful authority convert to his own use money and property of a health care benefit
program, to wit: by submitting and causing to be submitted a claim to Insurer- I, an entity whose
identity is known to the United States, to be reimbursed for purportedly performing an evaluation
and management service procedure upon S.H., an individual whose identity is known to the
United States, which the defendant, in fact, did not perform.
2. For the submission of this claim, Insurer-I reimbursed and paid the
defendant PERRY FRANKEL, by and through Advanced Cardiovascular Diagnostics PLLC,
$41.91, in violation of Title 18, United States Code, Section 669.
(Title 18, United States Code, Sections 669, 2 and 3551 et seq.)
Case 2:22-cr-00180-JS Document 50 Filed 02/06/24 Page 2 of 4 PageID #: 508
CRIMINAL FORFEITURE ALLEGATION
3. The United States hereby gives notice to the defendant that, upon his
conviction of the offense charged herein, the government will seek forfeiture in accordance with
Title 18, United States Code, Section 982(a)(7), which requires any person convicted of a federal
health care offense to forfeit property, real or personal, that constitutes, or is derived directly or
indirectly from, gross proceeds traceable to the commission of such offense.
4. If any of the above-described forfeitable property, as a result of any act or
omission of the defendant:
(a) cannot be located upon the exercise of due diligence;
(b) has been transferred or sold to, or deposited with, a third party;
(c) has been placed beyond the jurisdiction of the court;
(d) has been substantially diminished in value; or
(e) has been commingled with other property which cannot be divided
without difficulty;
it is the intent of the United States, pursuant to Title 21, United States Code, Section 853(p), as
incorporated by Title 18, United States Code, Sections 982(b)(1 ), to seek forfeiture of any other
2
Case 2:22-cr-00180-JS Document 50 Filed 02/06/24 Page 3 of 4 PageID #: 509
property of the defendant up to the value of the forfeitable property described in the forfeiture
allegation.
(Title 18, United States Code, Section 982(b)( 1); Title 21, United States Code,
Section 853(p))
~C?a,,t'-1'•? A~tt.S. ~
BREONPEAC
UNITED STATES ATTORNEY
EASTERN DISTRICT OF NEW YORK
E S. LEON
CHIEF, FRAUD SECTION
CRIMINAL DIVISION
U.S. DEPARTMENT OF JUSTICE
3
Case 2:22-cr-00180-JS Document 50 Filed 02/06/24 Page 4 of 4 PageID #: 510
F. #202IR0I058
FORMDBD-34 No.
JUN. 85
UNITED STATES DISTRICT COURT
EASTERN District of NEW YORK
CRIMINAL DIVISION
THE UNITED STATES OF AMERICA
l'S.
PERRY FRANKEL,
Defendant.
SUPERSEDING INFORMATION
(T. 18, U.S.C., §§ 669, 982(b)(l), 2 and 3551 et~.;
T. 21, U.S.C., § 853(p))
A true bill.
Foreperson
Filed in open court this _________________ day,
of ____________ A.D. 20 ____ _
Clerk
Bail,$ __________ _
Patrick J. Campbell, DOJ Trial Attorney, (718) 254-6366
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