Eight Individuals Charged in $68 Million Social Adult Day Care and Home Health Care Scheme

Press Release

Marketers Allegedly Received Illegal Payments for Referring Medicaid Recipients to the Adult Day Cares and Also Paid Kickbacks

An indictment was unsealed today in federal court in Brooklyn charging eight defendants for their alleged roles in a scheme to defraud Medicaid of approximately $68 million through the operation of two Brooklyn-based social adult day cares and a home health care financial intermediary that were paying kickbacks and bribes for services that were not provided. The defendants were arrested this morning and are scheduled to be arraigned this afternoon before United States Magistrate Judge Lois Bloom.

Breon Peace, United States Attorney for the Eastern District of New York; Nicole M. Argentieri, Principal Deputy Assistant Attorney General and head of the Justice Department's Criminal Division; Naomi Gruchacz, Special Agent in Charge, U.S. Department of Health and Human Services, Office of Inspector General (HHS-OIG); William S. Walker, Special Agent in Charge, Homeland Security Investigations, New York (HSI); and Thomas G. Donlon, Interim Commissioner, New York City Police Department (NYPD), announced the arrests and charges.

"Social adult day care and home health services are meant to help seniors, but as alleged, the defendants allegedly turned their businesses into a brazen cash grab of millions of dollars from the Medicaid program," stated United States Attorney Peace. "My Office is committed to investigating and prosecuting those who plunder taxpayer-funded, federal health care programs dollars while purporting to offer health care services."

"As alleged in the indictment, these defendants orchestrated a years-long scheme to defraud Medicaid of tens of millions of dollars for social adult day care and home care services for seniors that they did not provide," said Principal Deputy Assistant Attorney General Nicole M. Argentieri, head of the Justice Department's Criminal Division. "The defendants allegedly paid cash bribes and kickbacks to recruiters and Medicaid recipients as part of a scheme to enrich themselves at the expense of vital programs for senior citizens. Today's charges make clear that the Criminal Division will not tolerate schemes that brazenly steal from federal health care programs."

"HHS-OIG is committed to working with our law enforcement partners to investigate allegations that bribes and kickbacks are paid with Medicaid monies," stated HHS-OIG Special Agent in Charge Gruchacz. "Individuals and entities that participate in the federal health care system are required to obey the laws meant to preserve the integrity of program funds and the provision of appropriate, quality services to patients."

"As alleged, the defendants saw nothing beyond the dollar signs associated with their crimes, and in turn defrauded the U.S. government of $68 million in welfare funds meant for one of our country's most vulnerable populations," stated HSI New York Special Agent in Charge Walker. "Today's announcement underscores the HSI New York El Dorado Task Force's unrelenting focus on dismantling and disrupting financial fraud schemes that exploit the American public and hurt our economy."

"The crimes outlined in this indictment take advantage of a network that offers essential health care and other services to those in need," stated Interim NYPD Commissioner Donlon. "Let it be clear: Anyone who attempts to profit by defrauding the system will face consequences, as these schemes drain already limited resources and deprive beneficiaries of crucial funds. I commend our NYPD investigators and federal law enforcement partners for their successful and continued collaboration."

According to court documents, beginning in approximately October 2017, the defendants Zakia Khan and Ahsan Ijaz owned and operated two Brooklyn-based social adult day cares, Happy Family Social Adult Day Care, Inc. (Happy Family) and Family Social Adult Day Care, Inc. (Family Social), and a financial intermediary, Responsible Care Staffing, Inc. (Responsible Care), for the New York Medicaid Consumer Directed Personal Assistance Program (CDPAP), which permits family members of Medicaid recipients to receive payment for assisting Medicaid recipients with activities of daily living. In exchange for kickbacks and bribes, marketers Elaine Antao, Omneah Hamdi, and Manal Wasef referred Medicaid recipients to Happy Family, Family Social and/or Responsible Care. The marketers in turn allegedly paid kickbacks and bribes to Medicaid recipients for social adult day care and CDPAP services that Happy Family, Family Social and Responsible Care billed to Medicaid but were not provided or were induced by kickbacks and bribes. Ansir Abassi and Amran Hashmi managed Happy Family and Family Social and the marketers. To carry out the kickback scheme, Khan, Antao, Ijaz, Abassi and Hamdi allegedly used business entities to launder the fraud proceeds and generate the cash used to pay kickbacks and bribes. Seema Memon, an employee of Happy Family who was previously charged by complaint on July 1, 2024, was also indicted for conspiracy to commit health care fraud.

Most of the New York Medicaid recipients enrolled at Happy Family and Family Social were paid illegal cash kickbacks and bribes and did not actually visit Happy Family or Family Social or receive CDPAP services arranged through Responsible Care on the purported dates of service as claimed to New York Medicaid/Managed Long Term Care plans. In some instances, the Medicaid recipients were outside the United States on the purported dates of service.

Khan is charged with conspiracy to commit health care fraud, health care fraud, conspiracy to defraud the United States and to pay and receive health care kickbacks, paying health care kickbacks, conspiracy to commit money laundering and money laundering. If convicted, she faces a maximum penalty of 20 years in prison for each count of conspiracy to commit money laundering and money laundering, 10 years in prison for each count of conspiracy to commit health care fraud, health care fraud and paying health care kickbacks and five years in prison for conspiracy to defraud the United States and to pay and receive health care kickbacks.

Abassi, Antao, Hamdi and Ijaz are charged with conspiracy to commit health care fraud, conspiracy to defraud the United States and to pay and receive health care kickbacks, conspiracy to commit money laundering and money laundering. If convicted, they each face a maximum penalty of 20 years in prison for each count of conspiracy to commit money laundering and money laundering, 10 years in prison for conspiracy to commit health care fraud and five years in prison for conspiracy to defraud the United States and to pay and receive health care kickbacks.

Hashmi is charged with conspiracy to commit health care fraud, health care fraud, conspiracy to defraud the United States and to pay and receive health care kickbacks and paying health care kickbacks. If convicted, he faces a maximum penalty of 10 years in prison for each count of conspiracy to commit health care fraud, health care fraud and paying health care kickbacks and five years in prison for conspiracy to defraud the United States and to pay and receive health care kickbacks.

Memon is charged with conspiracy to commit health care fraud, conspiracy to defraud the United States and to pay and receive health care kickbacks and paying health care kickbacks. If convicted, she faces a maximum penalty of 10 years in prison for each count of conspiracy to commit health care fraud and paying health care kickbacks and five years in prison for conspiracy to defraud the United States and to pay and receive health care kickbacks.

Wasef is charged with conspiracy to commit health care fraud and conspiracy to defraud the United States and to pay and receive health care kickbacks. If convicted, she faces a maximum penalty of 10 years in prison for conspiracy to commit health care fraud and five years in prison for conspiracy to defraud the United States and to pay and receive health care kickbacks.

The charges in the indictment are allegations and the defendants are presumed innocent unless and until proven guilty.

Trial Attorney Patrick J. Campbell of the Criminal Division's Fraud Section is prosecuting the case with Assistant United States Attorney Tanisha R. Payne of the Eastern District of New York's Asset Recovery Section, who is handling forfeiture matters and Paralegal Specialist Jonah Levine.

The Defendants:

KHAN, ZAKIA
Age: 53
Brooklyn, New York

ABASSI, ANSIR (also known as "Zaib Abassi" and "Ansir Zaib")
Age: 38
Brooklyn, New York

ANTAO, ELAINE (also known as "Aleena")
Age: 45
Brooklyn, New York

HAMDI, OMNEAH
Age: 61
Brooklyn, New York

HASHMI, AMRAN
Age: 53
Brooklyn, New York

IJAZ, AHSAM
Age: 27
Brooklyn, New York

MEMON, SEEMA
Age: 30
Brooklyn, New York

WASEF, MANAL
Age: 44
Brooklyn, New York

E.D.N.Y. Docket No.: 24-CR-409 (AMD)

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Updated October 9, 2024