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Penalties Are Few In Dental Fraud Cases
In a December 2000 raid of his house, agents found his garage converted into a climate controlled wine cellar and his house filled with rare collectibles, some bought from Sotheby's and Christie's auction houses.
Among the items seized:
More than 4,550 bottles of vintage wines. He had an 1820 bottle of Boal Solera Madeira and five bottles of 1870 Justino Boal Madeira, which sell at online auctions for hundreds apiece.
More than 55 rare books, mainly Bibles and Hebrew texts, such as a 1609 Arias Montano Hebrew Bible. These sell online for hundreds or thousands each.
A 20 page list of artwork and antique prints, such as a 1530 map of the Seven Seas,van cleef and arpels butterfly fake necklace, a 1774 map of the Holy Land and works by artist Marc Chagall.
Sterling silver such as tea services, 11 boxes of silverware, lamps, goblets and bowls.
More than 100 pieces of fine jewelry, such as a Rolex watch, thick gold bracelets and sets of necklaces, earrings and bracelets studded with diamonds and sapphires.
Two Infiniti cars driven by his wife, Arlene, and a step daughter.
"He was living pretty high off Medicaid dollars," Kogan said.
Investigators found Berger paid for some items with checks from his dental corporations, linking the goods to the Medicaid case.
Berger is contesting the seizures in court.
A main dentist in Berger's group, Dr. Daniel E. Kelly of Plantation, told prosecutors Berger recruited him to the network around June 1, 1998.
Over the next year or so, prosecutors said Berger's drivers brought hundreds of children to the Carol City office of Kelly, 68, and his son, Dr. Daniel G. Kelly of Coral Springs. The senior Kelly said Berger paid him $72,687 during that time.
Kelly has pleaded not guilty to racketeering and nine counts of Medicaid fraud. His son pleaded guilty to a conspiracy charge and is awaiting sentencing.
Under the system, a dentist saw from 30 to 50 children in a day. The office billed Medicaid an average of $200 each, Brahm said, half of which was profit. Dentists in groups turned over the money to the manager and typically were paid $500 a day.
Beside Berger's group, one run by Gabriel "Reggie" Harden of Lauderhill,van cleef and arpels butterfly knock off necklace, 41, collected $2.7 million, the state said. Individual dentists collected up to $800,000. Harden has pleaded not guilty to racketeering and seven counts of Medicaid fraud.
This golden egg'
Investigators suspect the children did not get as much dental care as was billed to Medicaid, but said they are focusing on the easier to prove charge of paying drivers,van cleef knock off alhambra necklace, which they called illegal kickbacks. They have persuaded dozens of drivers to testify and did not charge about 50 other known drivers.
The state's theory of the crime is being vigorously attacked by lawyers for Berger, dentists and other alleged organizers. There's a lot at stake. A conviction on organized Medicaid fraud means mandatory jail time.
Dentists and managers are arguing that only the drivers broke the law, which forbids paying incentives to recruit Medicaid patients.
It's not illegal to pay drivers to transport patients, the lawyers said, and the dentists never knew drivers were paying children.
That very argument persuaded a judge to throw out the charges against Hollywood dentist Thomas Krakauer,clover fake necklace van cleef, who was accused of collecting $6 million through a driver network at his north Miami Dade County office.
"What was pushing this particular train was this group of drivers that had found this golden egg," said Krakauer's attorney, Alvin Entin. "It's a lot sexier to arrest dentists."
Krakauer's win and a Florida Supreme Court ruling that chiropractors can recruit accident victims undermine the state's case, said Berger's attorney, Bruce Lehr.
"As long as the witnesses tell the truth, Dr. Berger will have nothing to worry about," Lehr said.
One accused organizer, Dr. Charles Kravitz of Weston, operated legally by assigning drivers a list of children to monitor and bring in every six months, not at random, said his attorney, Brian Bieber. All had parental consent slips. Kravitz was charged with fraudulently collecting $700,000 at three Broward County offices.
Kravitz pleaded not guilty to one count of Medicaid fraud and 14 counts of filing a false Medicaid claim.
In a December 2000 raid of his house, agents found his garage converted into a climate controlled wine cellar and his house filled with rare collectibles, some bought from Sotheby's and Christie's auction houses.
Among the items seized:
More than 4,550 bottles of vintage wines. He had an 1820 bottle of Boal Solera Madeira and five bottles of 1870 Justino Boal Madeira, which sell at online auctions for hundreds apiece.
More than 55 rare books, mainly Bibles and Hebrew texts, such as a 1609 Arias Montano Hebrew Bible. These sell online for hundreds or thousands each.
A 20 page list of artwork and antique prints, such as a 1530 map of the Seven Seas,van cleef and arpels butterfly fake necklace, a 1774 map of the Holy Land and works by artist Marc Chagall.
Sterling silver such as tea services, 11 boxes of silverware, lamps, goblets and bowls.
More than 100 pieces of fine jewelry, such as a Rolex watch, thick gold bracelets and sets of necklaces, earrings and bracelets studded with diamonds and sapphires.
Two Infiniti cars driven by his wife, Arlene, and a step daughter.
"He was living pretty high off Medicaid dollars," Kogan said.
Investigators found Berger paid for some items with checks from his dental corporations, linking the goods to the Medicaid case.
Berger is contesting the seizures in court.
A main dentist in Berger's group, Dr. Daniel E. Kelly of Plantation, told prosecutors Berger recruited him to the network around June 1, 1998.
Over the next year or so, prosecutors said Berger's drivers brought hundreds of children to the Carol City office of Kelly, 68, and his son, Dr. Daniel G. Kelly of Coral Springs. The senior Kelly said Berger paid him $72,687 during that time.
Kelly has pleaded not guilty to racketeering and nine counts of Medicaid fraud. His son pleaded guilty to a conspiracy charge and is awaiting sentencing.
Under the system, a dentist saw from 30 to 50 children in a day. The office billed Medicaid an average of $200 each, Brahm said, half of which was profit. Dentists in groups turned over the money to the manager and typically were paid $500 a day.
Beside Berger's group, one run by Gabriel "Reggie" Harden of Lauderhill,van cleef and arpels butterfly knock off necklace, 41, collected $2.7 million, the state said. Individual dentists collected up to $800,000. Harden has pleaded not guilty to racketeering and seven counts of Medicaid fraud.
This golden egg'
Investigators suspect the children did not get as much dental care as was billed to Medicaid, but said they are focusing on the easier to prove charge of paying drivers,van cleef knock off alhambra necklace, which they called illegal kickbacks. They have persuaded dozens of drivers to testify and did not charge about 50 other known drivers.
The state's theory of the crime is being vigorously attacked by lawyers for Berger, dentists and other alleged organizers. There's a lot at stake. A conviction on organized Medicaid fraud means mandatory jail time.
Dentists and managers are arguing that only the drivers broke the law, which forbids paying incentives to recruit Medicaid patients.
It's not illegal to pay drivers to transport patients, the lawyers said, and the dentists never knew drivers were paying children.
That very argument persuaded a judge to throw out the charges against Hollywood dentist Thomas Krakauer,clover fake necklace van cleef, who was accused of collecting $6 million through a driver network at his north Miami Dade County office.
"What was pushing this particular train was this group of drivers that had found this golden egg," said Krakauer's attorney, Alvin Entin. "It's a lot sexier to arrest dentists."
Krakauer's win and a Florida Supreme Court ruling that chiropractors can recruit accident victims undermine the state's case, said Berger's attorney, Bruce Lehr.
"As long as the witnesses tell the truth, Dr. Berger will have nothing to worry about," Lehr said.
One accused organizer, Dr. Charles Kravitz of Weston, operated legally by assigning drivers a list of children to monitor and bring in every six months, not at random, said his attorney, Brian Bieber. All had parental consent slips. Kravitz was charged with fraudulently collecting $700,000 at three Broward County offices.
Kravitz pleaded not guilty to one count of Medicaid fraud and 14 counts of filing a false Medicaid claim.
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