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United States v. Sabit

United States District Court, E.D. Michigan, Southern Division

July 25, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
DR. ARIA OMAR SABIT, Defendant.

          PARTIAL ORDER OF RESTITUTION: $1, 568, 622 ON FALSE AND FRAUDULENT MEDICARE CLAIMS RELATED TO DEFENDANT'S GUILTY PLEA TO C.D.CA SUPERSEDING INFORMATION: 15-CR-20311

          PAUL D. BORMAN UNITED STATES DISTRICT JUDGE

         The Superseding Information filed in the Central District of California on May 14, 2015 and transferred to the Eastern District of Michigan charges Defendant Aria Sabit and co-conspirators with a single count of Conspiracy to Commit Health Care Fraud, 18 U.S.C. §1349, and Criminal Forfeiture Provisions contained in §§981(a)(1)(c), 982(a)(7) and 28 U.S.C. §2461(1) involving medical procedures conducted in hospitals located in the Central District of California and the Eastern District of Michigan from February 2010, and continuing through August 2012.

         The Introductory Allegations focus on his involvement with Apex Medical Technologies, LLC (APEX), and his violation of Title 42 U.S. Code §1320a-7b (the Anti-Kickback Statute): Sabit was an enrolled Medicare provider.

         The California Information “Manner and Means of the Conspiracy” stated that Sabit's involvement in the kickback scheme involving Apex implant devices caused Sabit to

1. refer some of his patients in C.D.CA and E.D.MI for spinal surgery who did not medically need surgery, and refer patients for more complex surgeries than were medically necessary to treat the patients, and
2. at times, based on financial incentives provided to him by Apex, over-instrument his patients by using more Apex spinal implant devices in surgery than were medically necessary to treat his patients, causing serious bodily injury to at least some of his patients.

         Finally, Paragraph 37 the Superseding Information specified that the conduct of Sabit and his co-conspirators caused the submission of $11, 243, 118 false and fraudulent claims to Medicare, resulting in Medicare paying approximately $1, 568, 622 on those false and fraudulent claims.

         At Sabit's Plea hearing on November 16, 2015 (Dkt. #94), Defendant Sabit pled guilty to the California Superseding Information involving the Apex Spinal Implant devices, affirming the following:

Court: All the surgeries that you performed using Apex spinal implant devices were predicated on illegal kickbacks and false statements which made all those claims false and fraudulent; is that correct?
Sabit: Yes.

         Plea Hearing TR. Dkt. # 94, P.21.

Court: Were they also predicated on false statements that were made to the Medicare program that you were going to be compliant with all Medicare rules and regulations including compliance with the anti-kickback statute?
Sabit: Yes.

         Plea Hearing ...


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