The opinion of the court was delivered by: Honorable VICTORIA A. Roberts
ORDER DENYING DEFENDANT'S MOTION IN LIMINE
On December 10, 2009, the Government filed a First Superseding Indictment against Defendant Dr. Alan Silber. Dr. Silber is charged with: (1) Health Care Fraud Conspiracy, in violation of 18 U.S.C. §1349 (Count I); and (2) Health Care Fraud, in violation of 18 U.S.C. §§ 1347 and 2 (Counts II-VII).
The General Allegations section of the Indictment says:
7. RDM Center ("RDM") was a Michigan corporation, purportedly doing business at 5820 N. Liley Road, Canton, Michigan. RDM was a medical clinic that purported to specialize in treating patients by providing infusion and injection therapy.
8. Defendant ALAN SILBER, a resident of Wayne County, Michigan, was a medical doctor who was employed by RDM.
. . . 11. From in or about December 2006 through in or about March 2007, RDM submitted claims to Medicare under the provider number of defendant ALAN SILBER.
The Government incorporates the General Allegations into Count I, and further alleges:
12. [T]he defendants, ALAN SILBER, WILLIAM REEVES, and LARRY DICKERSON, did knowingly and willfully combine, conspire, confederate and agree with each other and others known and unknown to the Grand Jury, to violate [18 U.S.C. §1347], that is, to execute a scheme and artifice to defraud . . . Medicare, and to obtain, by means of materially false and fraudulent pretenses, representations, and promises, money and property owned by, and under the custody and control of, [Medicare], in connection with the delivery of and payment for health care benefits, items, and services.
PURPOSE OF THE CONSPIRACY
13. It was the purpose of the conspiracy for ALAN SILBER, WILLIAM REEVES, and LARRY DICKERSON, and their co-conspirators, to unlawfully enrich themselves by . . . (a) submitting false and fraudulent claims to Medicare; (b) offering and paying cash kickbacks and bribes to Medicare beneficiaries for the purpose of such beneficiaries arranging for the use of their Medicare beneficiary numbers by the conspirators as the bases of claims filed for medically unnecessary infusion and injection therapy services and other services; [and] (c) soliciting and receiving kickbacks and bribes in return for arranging for the furnishing of services for which payment may be made by Medicare by providing their Medicare beneficiary numbers, which formed the basis of claims filed for infusion and injection therapy and other services[.]
18. ALAN SILBER completed a reassignment of benefits form, CMS Form 855R, to reassign to RDM payments for services billed to Medicare under his provider number.
22. ALAN SILBER ordered tests, made entries in medical records, and authorized treatments for beneficiaries without regard to medical necessity.
24. The owners and operators of RDM, along with ALAN SILBER and their co-conspirators, caused the submission of approximately $970,316 of false and fraudulent claims to Medicare under the provider number of ALAN SILBER, seeking reimbursement for the costs of infusion and injection therapy and other services that were not medically necessary and were not provided.
In Counts II-VII, the Government alleges:
28. It was the purpose of the scheme and artifice for [Dr. Silber] and his co-conspirators to unlawfully enrich themselves through the submission of false and fraudulent Medicare claims for medically unnecessary and non-rendered infusion and injection therapy and other services.
Dr. Silber is not charged in Count VIII - Conspiracy to Pay and Receive Health Care Kickbacks, in violation of 18 U.S.C. §371.
Dr. Silber filed a "Motion in Limine and Brief to Exclude Improper 'Bad Acts' Evidence; Unreasonably Prejudicial Evidence; and Improper Constructive Amendment Evidence." (Doc. #120). Dr. Silber asks the Court to preclude the Government from introducing alleged ...