Five people have been charged with conspiracy to commit health care fraud and violations of anti-kickback statutes. The crimes are alleged to have occurred from April 2003 through July 2005.
The individuals have been identified as: Rose E. Benson, 55, Mesquite, Texas; Emmanuel E. Benson, 56, Mesquite, Texas; Linda N. Marshall, 60, Wichita, Kan.; Bagience E. Ekpo, 50, Garland, Texas; and Venda A. Brown, 36, Wichita, Kan.
According to the indictment, Rose Benson and Emmanuel Bensen, owners of Vertex Medical Supplies, Inc., in Garland, Texas, paid the other defendants to provide them with names of Medicare patients and Medicare beneficiary numbers.
The Bensens used the information to make false and fraudulent claims to Medicare for power wheelchairs. Linda Marshall, Bagience Ekpo and Venda Brown obtained information from Medicare beneficiaries and physicians’ offices by promising to provide patients with wheelchairs at no cost to them, even though the Medicare reimbursement rate for a power wheelchair was approximately $4,200. Marshal, Ekpo and Brown received fees of $400 to $500 from Rose Benson and Emmanuel Benson for each referral.
The fraudulent claims misrepresented authorization by examining physicians and the equipment that was delivered. As a result of the scheme, Medicare received more than $2.1 million in fraudulent claims and made payments of more than $1 million.
In addition to the health care fraud conspiracy count against all five defendants, Rose and Emmanuel Benson are charged with 10 counts of health care fraud, and Rose Benson is charged with two counts of paying kickbacks for referrals. Upon conviction, the alleged crimes carry the following penalties:
– Conspiracy to commit health care fraud: A maximum penalty of 5 years in federal prison and a fine up to $250,000.
– Health care fraud: A maximum penalty of 10 years and a fine up to $250,000 on each count.
– Paying kickbacks for referrals: A maximum penalty of 5 years and a fine up to $250,000.
Health and Human Services - the Office of Inspector General investigated.