On January 30, 2016 they were sentenced for their roles in a $1.5 million Medicare fraud case following their conviction at trial. At trial, on October 15, 2015, a federal jury convicted both of one count of conspiracy to commit health care fraud and five counts of health care fraud after trial.
Amalya
Cherniavsky and her husband, Vladislav Tcherniavsky, both of Long
Beach were ordered to pay $614,418 in restitution. U.S. District Judge
Terry J. Hatter Jr. of the Central District of California ordered Mr. Tcherniavsky
to serve 51 months in prison. His wife Mrs. Cheriavsky received a probation sentence.
The
evidence at trial demonstrated that Mrs. Cherniavsky owned JC Medical Supply, a
purported durable medical equipment supply company that she co-operated with her husband Mr. Tcherniavsky. Evidence further showed that the defendants paid illegal
kickbacks to patient recruiters in exchange for patient referrals and paid
kickbacks to physicians for medically unnecessary prescriptions—primarily for expensive, power wheelchairs—which the defendants then used to
support bills to Medicare.
With the referral fees to patient recruiters and lack of medical necessity, the government used that to argue that the claims were false and fraudulent. Between 2006 and 2013, the government presented evidence that the DME submitted $1,520,727 in claims to Medicare and received $783,756 in reimbursement for those claims.
Posted by Tracy Green, Esq.
With the referral fees to patient recruiters and lack of medical necessity, the government used that to argue that the claims were false and fraudulent. Between 2006 and 2013, the government presented evidence that the DME submitted $1,520,727 in claims to Medicare and received $783,756 in reimbursement for those claims.
Posted by Tracy Green, Esq.
