Patel Felony Complaint - Attorney General Of California

1 EDMUND G. BROWN JR.Attorney General of the State of California2 BRIAN FRANKELSupervising Deputy Attorney General3 CARLOS CHAVARRIADeputy Attorney General4 State Bar No. 128580110 West A Street, Suite 11005 San Diego, California 92101-3702Telephone: 619-688-64106 Fax: 619-688-4200.FILEDSan DIego Superior Courtto tJj V 2009Clerk ofthe Superior CourtBy R. Bryant7 Attorneys for the People of the State of California8SUPERIOR COURT OF CALIFORNIA9COUNTY OF SAN DIEGO102-1 -S?yCourt Case No.CDAG Docket No.S A 2.C(: ') tC:cc v11THE PEOPLE OF THE STATE OF CALIFORNIA,12Plaintiff,FELONY COMPLAINTCts 1-8: Health Benefits Fraud,PC §550(a)(6);(2-3-5)SANJAY J. PATEL, aka SANJAYKUMAR PATEL;LEENA BHARAT KUMAR PATEL, aka LEENAPATEL; andLIBRADA SANTOS COMDURAN, aka LIBRADASANTOS, aka LIBRADA SCOTT;Cts 9-1O:Grand Theft,PC §487(a);(16-2-3)13141516v.17Defendants.Ct 11: Receiving Stolen PropertyPC §496(a)(16-2-3)Ct 12: Identity TheftPC §530.5(a)(16-2-3)18Ct 13: Money LaunderingPC §186.10(a)(1);(16-2-3)Special Alleg.:(2yr enhancement)PC §186.1O(c)(1)(B)(C)192021Special Enhancement Allegations:PC §12022.6(a)(3) (3 yrs)(Theft Over 1,300,000)PC §1203.045(a)PC §186.11(a)(1) (2-3-5)222324The People of the State of California hereby allege that in the County of San Diego, State-. 25 of California, before the making or filing of this Complaint, defendants, SANJAY PATEL,26 LEENA PATEL and LIBRADA SANTOS COMDURAN did commit the following crimes:27281Felony Complaint

COUNT 12HEALTH BENEFITS FRAUDPenal Code §550(a)(6)34From on or about 9/7/2005 to 9/29/2005, defendants SANJAY PATEL, LEENA PATEL5 and LIBRADA SANTOS COMDURAN did knowingly make or cause to be made fraudulent6 claims for payment of a health care benefit allegedly provided to Charles D., in violation of Penal7 Code §550, subdivision (a)(6), a felony.89COUNT 210HEALTH BENEFITS FRAUDPenal Code §550(a)(6)1112From on or about 5/2/2005 to 7/29/2005 and 10/3/2005 to 11 /29/2005 defendants13SANJAY PATEL, LEENA PATEL and LIBRADA SANTOS COMDURAN did knowingly14 make or cause to be made fraudulent claims for payment of a health care benefit allegedly provided15 to Clifford P., in violation of Penal Code §550, subdivision (a)(6), a felony.1617COUNT 318HEALTH BENEFITS FRAUDPenal Code §550(a)(6)1920From on or about 5/2/2005 to 7/29/2005, and 10/5/2005 to 10/27/2005, defendants21SANJAY PATEL, LEENA PATEL and LIBRADA SANTOS COMDURAN did knowingly22 make or cause to be made fraudulent claims for payment of a health care benefit allegedly provided23to Elaine P., in violation of Penal Code §550, subdivision (a)(6), a felony.2425COUNT 426HEALTH BENEFITS FRAUDPenal Code §550(a)(6)2728From on or about 5/2/2005 to 5/30/2005 and 10/11/2005 to 11/30/2005, defendants2Felony Complaint

1 SANJAY PATEL, LEENA PATEL and LIBRADA SANTOS COMDURAN did knowingly2make or cause to be made fraudulent claims for payment of a health care benefit allegedly provided3to Arthur R., in violation of Penal Code §550, subdivision (a)(6), a felony.45COUNTS6HEALTH BENEFITS FRAUDPenal Code §SSO(a)(6)78From on or about 10/5/2005 to 11130/2005, defendants SANJAY PATEL, LEENA9PATEL and LIBRADA SANTOS COMDURAN did knowingly make or cause to be made10 fraudulent claims for payment of a health care benefit allegedly provided to Henry B., in violation11of Penal Code §550, subdivision (a)(6), a felony.1213COUNT 614HEALTH BENEFITS FRAUDPenal Code §SSO(a)(6)1516From on or about 10/6/2005 to 12/29/2005, defendants SANJAY PATEL, LEENA17 PATEL and LIBRADA SANTOS COMDURAN did knowingly make or cause to be made18fraudulent claims for payment of a health care benefit allegedly provided to Roger D., in violation19 of Penal Code §550, subdivision (a)(6), a felony.2021COUNT 722HEALTH BENEFITS FRAUDPenal Code §SSO(a)(6)2324From on or about 9/612005 to 1112912005, defendants SANJAY PATEL, LEENA25PATEL and LIBRADA SANTOS COMDURAN did knowingly make or cause to be made26 fraudulent claims for payment of a health care benefit allegedly provided to Robana G., in violation27 of Penal Code §550, subdivision (a)(6), a felony.283Felony Complaint

1COUNT 82HEALTH BENEFITS FRAUDPenal Code §550(a)(6)34From on or about 7/1212005 to 6/15(2006, defendants SANJAY PATEL, LEENA5PATEL and LIBRADA SANTOS COMDURAN did knowingly make or cause to be made6fraudulent claims for payment of a health care benefit, in violation of Penal Code §550, subdivision7(a)(6), a felony.89COUNT 910GRAND THEFTPenal Code § 487(a)1112On or about 6/14/2006, defendants, SANJAY PATEL, LEENA PATEL and LIBRADA13SANTOS COMDURAN, as part of an ongoing scheme, unlawfully accumulated and stole money14or other consideration valued in excess of one million three hundred thousand dollars15( 1,300,000.00) from the Medicare Program in v olation of Penal Code §487(a), a felony.1617COUNT 1018GRAND THEFTPenal Code §487(a)1920On or about 6/15/2006, defendants, SANJAY PATEL and LEENA PATEL unlawfully21stole money or other consideration valued in excess of one hundred fifty thousand dollars22( 150,000.00) from Sridhar Gopal in violation of Penal Code §487(a), a felony.2324COUNT 1125RECEIVING STOLEN PROPERTYPenal Code §496(a)2627On or about 6/14/2006, defendants SANJAY PATEL and LEENA PATEL knowingly28received stolen property, to wit: monies obtained through false and fraudulent billing ofthe Medicare4Felony Complaint

1 program, in violation of Penal Code §496(a), a felony.23COUNT 124IDENTITY THEFTPenal Code §530.5(a)56On or about 2/512006 to 6/15/2006, defendants SANJAY PATEL, LEENA PATEL7 and LIBRADA SANTOS COMDURAN did willfully obtain the personal identifying8 infonnation of others, and used that infonnation, without their consent, to fraudulently steal9 thousands of dollars from the Medicare Program in violation of Penal Code §530.5(a), a felony.1011COUNT 1312MONEY LAUNDERINGPenal Code §186.10(a)(1)1314From on or about 2/14/2006 to 7/29/2006, defendants, SANJAY PATEL and LEENA15PATEL conducted or attempted to conduct transactions involving monetary instruments of a total16 value exceeding 5,000.00, through one or more financial institutions knowing the instruments17 represented proceeds of, or derived directly or indirectly from the proceeds of criminal activity in18 violation of Penal Code §186.10 (a)(1), a felony.19It is further alleged that the value of money laundering transactions exceeded 150,000,20 within the meaning of Penal Code §186.10(c)(1)(B).212223SPECIAL ALLEGATIONSIt is further alleged that in committing the above offenses, SANJAY PATEL, LEENA24 PATEL and LIBRADA SANTOS COMDURAN with intent to do so, took funds exceeding25 1,300,000.00 within the meaning of Penal Code §12022.6 (a)(3).26It is further alleged that in committing the above offenses, SANJAY PATEL, LEENA27PATEL and LIBRADA SANTOS COMDURAN with the intent to do so, took funds exceeding28 100,000.00 within the meaning of Penal Code §1203.045(a).5Felony Complaint

AGGRAVATED WHITE COLLAR CRIME ENHANCEMENT2It is further alleged that the offenses charged in Counts 1 through 13, committed by3 defendants SANJAY PATEL, LEENA PATEL and LIBRADA SANTOS COMDURAN are4 related felonies, a material element of which is fraud, which involves a pattern of related felony5 conduct, involving the taking of more than 500,000.00, within the meaning of Penal Code6§186.11(a)(2).7REQUEST FOR DISCOVERY89The People informally request from defense counsel for defendants, all materials and10 information which disclosure is required by Penal Code §1054.3.11, Prelim. Estimate: 4 hours1213141516Cs C avarriaDeputy Attorney GeneralBureau of Medi-Cal Fraud and Elder AbuseFor EDMUND G. BROWN JR.Attorney General of the State of California1718192021222324252627286Felony Complaint

SANJAY PATEL, LEENA PATEL and LIBRADA SANTOS COMDURAN did knowingly make or cause to be made fraudulent claims for payment ofa health care benefit allegedly provided to Arthur R., in violation of Penal Code §550, subdivision (a)(6), a felony. COUNTS.