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BREADCRUMB

 1. Justice.gov
 2. U.S. Attorneys
 3. Eastern District of Michigan
 4. Press Releases
 5. Home Health Care Company Operators Sentenced to Prison in $5.5 Million
    Kickback Scheme and Tax Evasion


Press Release


HOME HEALTH CARE COMPANY OPERATORS SENTENCED TO PRISON IN $5.5 MILLION KICKBACK
SCHEME AND TAX EVASION

Thursday, September 5, 2024
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For Immediate Release
U.S. Attorney's Office, Eastern District of Michigan

DETROIT - A married Macomb County couple, Noli and Isabel Tcruz, both 68, were
sentenced today to 6 years in prison and 38 months in prison, respectively, on
health care fraud kickback conspiracy, tax evasion, and fraud charges, announced
U.S. Attorney Dawn N. Ison. This follows the sentencings earlier this year of
two doctors who had pled guilty to receiving kickbacks and bribes from the
Tcruzes.

Joining Ison in the announcement were Special Agent in Charge Charles Miller,
IRS Criminal Investigation, Detroit Field Office, and Special Agent in Charge
Mario Pinto of the U.S. Department of Health and Human Services Office of
Inspector General’s (HHS-OIG) Chicago Regional Office.

The Tcruzes were convicted and sentenced for schemes related to their operation
of several Macomb County home health care companies that purported to provide
legitimate medical care to homebound Medicare beneficiaries, but in fact engaged
in fraud.

The Tcruzes engaged in an approximately $5 million conspiracy to illegally pay
kickbacks and bribes to acquire referrals for home health care for Medicare
beneficiaries and refused to pay their income tax obligations for both -personal
and business taxes. After their last home health company was shut down in
February 2020, Noli Tcruz began engaging in Covid-19 program fraud, and used a
family member’s identity and company to steal from and defraud the Small
Business Administration and Health and Human Services out of more than $250,000
from pandemic assistance funds.

Two physicians, Dr. Terry Baul and Dr. David Calderone pleaded guilty to
accepting kickbacks and bribes for referring Medicare beneficiaries to the
Tcruzes. Under their respective plea agreements, the two physicians were
required to pay more than three million in restitution and forfeiture judgments
and are excluded from Medicare and other federal health care programs.

“My office will diligently investigate and prosecute all types of fraud, which
is driven by greed. Noli and Isabel Tcruz’s fraud harmed taxpayers and the
government programs our tax dollars fund, including Medicare and Covid-19
programs,” stated U.S. Attorney Ison. “Health care professionals and providers
have both an opportunity and a duty to lawfully help people, but we will not
hesitate to pursue individuals like these defendants who breach those duties to
line their own pockets.”

"Today's sentencing of Noli and Isabel Tcruz broadcasts that IRS Criminal
Investigation and the U.S. Attorney’s office will continue their aggressive
pursuit of those who use fraudulent scams in an attempt to steal from the
hard-working taxpayers of America,” said Charles Miller, IRS Criminal
Investigation Special Agent in Charge, Detroit Field Office. "Not only was
blatant stealing of funds, allotted for the healthcare of Americans, committed;
but US Citizens were stolen from again when no tax was paid on any of the
couple’s income.”

"Paying kickbacks to induce referrals for medical services in federal health
care programs is illegal and can lead to the delivery of unnecessary services,
wasting valuable taxpayer funds," said Special Agent in Charge Mario M. Pinto of
the U.S. Department of Health and Human Services Office of Inspector General
(HHS-OIG). "HHS-OIG will continue collaborating with our law enforcement
partners to ensure that those who engage in unlawful kickback schemes in our
federal health care programs are held accountable."

This case was prosecuted by Assistant United States Attorney Andrew J. Lievense.
The case was investigated by special agents of the Internal Revenue
Service-Criminal Investigations Division and the Department of Health and Human
Services-Office of the Inspector General.

Updated September 5, 2024

--------------------------------------------------------------------------------

Topic
Health Care Fraud
Component
USAO - Michigan, Eastern


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