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Business Crimes Hotline

By ALM Staff | Law Journal Newsletters |
August 27, 2013

FLORIDA

Executives Convicted in Medicare Fraud Scheme

On June 28, 2013, a federal jury convicted four Hollywood Pavilion mental health care hospital executives for their involvement in a Medicare fraud scheme.

Prosecutors demonstrated that the defendants, along with co-conspirators, submitted fraudulent claims to Medicare through Hollywood Pavilion and that the defendants also paid bribes and kickbacks in order to have patients referred to their facility despite the fact that those patients did not qualify for psychiatric treatment.

In furtherance of this fraud, Hollywood Pavilion's CEO, along with other Hollywood Pavilion directors, falsified documents in order to conceal the scheme. Hollywood Pavilion carried out this scheme from 2003 through August 2012 and billed Medicare almost $70 million for services that were never rendered.

'

WASHINGTON, DC

China-Based Company and CEO Charged in Cross-Border Working Group Case

On June 20, 2013, the SEC charged China MediaExpress, a China-based advertising company, for falsely reporting business increases. The SEC alleges that this false reporting began almost immediately after China MediaExpress went public in October 2009. For instance, in the company's 2009 annual report, the company represented that it had $57 million in cash on hand when, in reality, the company had only $141,000 on hand. Not only did China MediaExpress allegedly significantly overstate its cash balances, but the company also released false information regarding its client list. The SEC's complaint alleges that, as a result of these material misrepresentations, China MediaExpress's stock tripled in value.

The company's CEO, motivated by stock incentives, allegedly directed the fraud. In order to make it appear as though the company met certain net income goals, the SEC alleges that the company, at the direction of its CEO, engaged in fraudulent accounting practices that included both fraudulent bank confirmations and statements that resulted in inflated cash balance reports.

As a result of these alleged practices, the SEC charged China MediaExpress and its CEO with violations of the antifraud provisions of the federal securities law. Additionally, China MediaExpress has been charged with violating reporting, books, records, and internal control provisions of the federal securities law. The SEC has also charged the company's CEO with violating provisions of the Sarbanes-Oxley Act prohibiting lying to auditors and making false certifications. The SEC is seeking an officer and director bar against China MediaExpress's CEO and is seeking financial penalties, injunctive relief, and disgorgement against China MediaExpress.'

'

FLORIDA

Executives Convicted in Medicare Fraud Scheme

On June 28, 2013, a federal jury convicted four Hollywood Pavilion mental health care hospital executives for their involvement in a Medicare fraud scheme.

Prosecutors demonstrated that the defendants, along with co-conspirators, submitted fraudulent claims to Medicare through Hollywood Pavilion and that the defendants also paid bribes and kickbacks in order to have patients referred to their facility despite the fact that those patients did not qualify for psychiatric treatment.

In furtherance of this fraud, Hollywood Pavilion's CEO, along with other Hollywood Pavilion directors, falsified documents in order to conceal the scheme. Hollywood Pavilion carried out this scheme from 2003 through August 2012 and billed Medicare almost $70 million for services that were never rendered.

'

WASHINGTON, DC

China-Based Company and CEO Charged in Cross-Border Working Group Case

On June 20, 2013, the SEC charged China MediaExpress, a China-based advertising company, for falsely reporting business increases. The SEC alleges that this false reporting began almost immediately after China MediaExpress went public in October 2009. For instance, in the company's 2009 annual report, the company represented that it had $57 million in cash on hand when, in reality, the company had only $141,000 on hand. Not only did China MediaExpress allegedly significantly overstate its cash balances, but the company also released false information regarding its client list. The SEC's complaint alleges that, as a result of these material misrepresentations, China MediaExpress's stock tripled in value.

The company's CEO, motivated by stock incentives, allegedly directed the fraud. In order to make it appear as though the company met certain net income goals, the SEC alleges that the company, at the direction of its CEO, engaged in fraudulent accounting practices that included both fraudulent bank confirmations and statements that resulted in inflated cash balance reports.

As a result of these alleged practices, the SEC charged China MediaExpress and its CEO with violations of the antifraud provisions of the federal securities law. Additionally, China MediaExpress has been charged with violating reporting, books, records, and internal control provisions of the federal securities law. The SEC has also charged the company's CEO with violating provisions of the Sarbanes-Oxley Act prohibiting lying to auditors and making false certifications. The SEC is seeking an officer and director bar against China MediaExpress's CEO and is seeking financial penalties, injunctive relief, and disgorgement against China MediaExpress.'

'

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