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Miami HIV Clinic Administrator and Two Miami Residents Sentenced for Their Roles in a $14 Million Medicare Fraud Scheme
Date:11/18/2008

as an HIV infusion clinic. The Benitez brothers allegedly referred HIV-positive Medicare beneficiaries to the clinic and directed McKenzie to instruct clinic physicians how to make it appear that legitimate services were being provided. Marinez admitted that between June and December 2003, the clinic submitted approximately $14 million in claims to the Medicare program for HIV infusion services that were either never provided or were medically unnecessary. According to information in the plea documents, Medicare paid approximately $9.6 million on the fraudulent claims. Marinez further admitted to helping launder approximately $4 million of the fraudulent proceeds by making checks out to sham marketing and management companies owned and controlled by the Benitez brothers.

In connection with his plea, Castaneda admitted that in approximately June 2003, he entered into an agreement with Marinez and others to assist in laundering proceeds of Medicare fraud obtained at G&S. Castaneda acknowledged that he knew G&S submitted fraudulent claims to the Medicare program for HIV services purportedly provided to Medicare beneficiaries. He also admitted that he agreed to assist Marinez and others in concealing their control of G&S's fraudulently-obtained Medicare proceeds by cashing checks written on a G&S account and returning the cash to Marinez.

Castaneda admitted to directing Marinez to write checks drawn on G&S's bank accounts to various companies, many of them sham companies, in amounts less than $10,000. Castaneda was aware that checks made out to corporate entities and cashed in amounts less than $10,000 would not trigger currency transaction reporting requirements. Castaneda would then cash the G&S checks, typically with sham companies listed as the payees, at a Miami check-cashing facility, to whom he would pay a two percent fee. Castaneda would then charge Marinez a fee totaling 10 percent of
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SOURCE U.S. Department of Justice
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