United States District Court, E.D. Michigan, Southern Division
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:
D. BORMAN UNITED STATES DISTRICT JUDGE
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.
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.
California Information “Manner and Means of the
Conspiracy” stated that Sabit's involvement in the
kickback scheme involving Apex implant devices caused Sabit
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.
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.
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?
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?