WASHINGTON – A federal judge has ordered Speqtrum Inc., a home health
care agency, to pay the United States $6.15 million in civil damages
after ruling in the government’s favor in a lawsuit alleging that the
company violated the False Claims Act by repeatedly and routinely
falsifying records to obtain funds from Medicaid.
The judgment was announced today by U.S. Attorney
Channing D. Phillips, Paul M. Abbate, Assistant Director in Charge of
the FBI’s Washington Field Office, and Nicholas DiGiulio, Special Agent
in Charge of the U.S. Department of Health and Human Services, Office of
Inspector General (HHS-OIG), for the region that includes Washington,
D.C.
The United States filed suit against the company in 2010
and the case went to trial earlier this year in the U.S. District Court
for the District of Columbia. In February 2016, the Honorable James E.
Boasberg ruled in favor of the government, and on September 23, 2016, he
issued the order setting damages.
According to the government’s evidence, Speqtrum, Inc. is
based in Upper Marlboro, Md., and operated in the District of Columbia.
The company was a participating provider and received reimbursement
from the District of Columbia’s Medicaid program.
Under the Medicaid program, Speqtrum, Inc. was initially
approved to furnish elderly and disabled patients with assistance in the
day-to-day activities of living, such as bathing, dressing, and taking
needed medications. D.C. Medicaid, which is subsidized by the federal
Medicaid program, paid for many of Speqtrum’s services for low-income
patients.
The District of Columbia’s Department of Health Care
Finance discovered irregularities in Speqtrum’s records during a routine
audit in May 2009. A team consisting of Special Agents from the FBI’s
Washington Field Office and the U.S. Department of Health and Human
Services Office of the Inspector General then began an investigation,
which included the execution of search warrants on Speqtrum’s offices in
Washington, D.C. The documents collected confirmed that patient files
contained forged signatures or falsified timesheets. One document
contained various practice runs at forging a doctor’s signature – which
later appeared in a patient file. Still other documents demonstrated
that employees alerted Speqtrum’s President and Founder, Pauline
Nnawuba, to the fact that high-level employees had been defrauding
Medicaid on the company’s behalf, but Speqtrum failed to report the
conduct to Medicaid. At the conclusion of the investigation, the United
States filed the False Claims Act action, alleging a massive and
routine pattern of fraud by high-level employees of Speqtrum.
In his decision to treble the initial $1.3 million
damages awarded to the United States under the False Claims Act, and to
further impose an additional $10,000 civil penalty for each of the 216
D.C. Medicaid invoices submitted by Speqtrum, Judge Boasberg found the
loss to Medicaid to be “substantial,” and further found that Speqtrum’s
conduct was “egregious and willful in its cooking of the books,
overbilling for hours not worked, charging … for clients it did not
service, and forging physician signatures on its paperwork.”
Accordingly, Judge Boasberg awarded the United States a total of $6.15
million. The amount will be shared with the District of Columbia’s
Medicaid program.
In announcing the judgment, U.S. Attorney Phillips,
Assistant Director in Charge Abbate, and Special Agent in Charge
DiGiulio commended the work of those who investigated the case from the
FBI and HHS-OIG. They also expressed appreciation for the assistance
provided by the District of Columbia Office of the Attorney General and
the Medicaid Fraud Control Unit of the District of Columbia Office of
the Inspector General. Finally, they acknowledged the efforts of those
who worked on the case and brought it to trial from the U.S. Attorney’s
Office, including Assistant U.S. Attorney Darrell C. Valdez and
Paralegal Specialist Idongesit “Benji” Umo.
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