SUPERIOR COURT OF CALIFORNIA ELECTRONICALLY FILED COUNTY .

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SUPERIOR COURT OF CALIFORNIACOUNTY OF ORANGE, CENTRAL JUSTICE CENTERELECTRONICALLY FILEDSUPERIOR COURT OF CALIFORNIACOUNTY OF ORANGE04/03/201709:39 AMDAVID H. YAMASAKI, Clerk of the Court17CF0814THE PEOPLE OF THE STATE OF CALIFORNIA, ))Plaintiff, )))vs.))HOWARD WALLACE OLIVER02/07/47 )C6121764)RAFAEL UBALDO CHAVEZ02/08/64 )C0570539)AKA RAFAEL UBALDO CHAVEZ RUELAS))Defendant(s))FELONY COMPLAINTWARRANTNo.OCDA WC16070011OCDA WC15040015OCDA HF12110001The Orange County District Attorney charges that in OrangeCounty, California, the law was violated as follows:COUNT 1: On or aboutand between February 14, 2014 andSeptember 01, 2015, in violation of Section 550(a)(6) of thePenal Code (CONSPIRACY TO COMMIT MEDICAL INSURANCE FRAUD), aFELONY, HOWARD WALLACE OLIVER and RAFAEL UBALDO CHAVEZ didunlawfully conspire with Tanya Moreland King and ChristopherKing and other Unknown individuals., with the intent to defraud,to make a false and fraudulent claim to Workers' compensationInsurance Carriers in California for payment of a health carebenefit in an amount exceeding nine hundred fifty dollars( 950).It is further alleged that pursuant to and for thepurpose of carrying out the objects and purposes of theconspiracy, one and more of the conspirators committed thefollowing overt acts:////FELONY COMPLAINT WARRANT E-FILED (DA CASE# 17F00314)OC DNA NOT ON FILE: HOWARD OLIVER, RAFAEL CHAVEZ

HOWARD WALLACE OLIVER OCDA WC16070011 PAGE 2OVERT ACT 1On or about 04/18/2013, Defendants Howard Oliver and RafaelChavez M.D., entered into an agreement with King MedicalManagement Inc. and Monarch Medical Group Inc.OVERT ACT 2King Medical Management formulated and paid for a 3-day supplyof the compound transdermal creams manufactured by Steven'sPharmacy, located in Costa Mesa, in the County of Orange, andarranged for Steven's Pharmacy to ship these creams to DefendantHoward Oliver M.D. and his Physician's Assistant, Rafael Chavez,at his Central Desert Industrial Medical Group.OVERT ACT 3Defendant Howard Oliver M.D. and Defendant Rafael Chavez, P.A.,agreed to prescribe the transdermal compound creams manufacturedby Steven's Pharmacy to Defendant Oliver's workers' compensationpatients.OVERT ACT 4Defendant Howard Oliver, M.D. and Defendant Rafael Chavez, P.A.,agreed to provide the billing information for each workers'compensation patient to King Medical Management Inc. to bill forthe dispensing of these creams for their office.OVERT ACT 5In order to give the appearance of legitimacy of the compoundedtransdermal creams that Defendant Oliver prescribed to hispatients, on 01/21/15, Defendant Oliver signed a letter thatMonarch Medical Group provided to him and he did not preparehimself, purporting to give instructions to Steven's Pharmacyand customize the formula for the compound creams.//////FELONY COMPLAINT WARRANT E-FILED (DA CASE# 17F00314)OC DNA NOT ON FILE: HOWARD OLIVER, RAFAEL CHAVEZ

HOWARD WALLACE OLIVER OCDA WC16070011 PAGE 3OVERT ACT 6King Medical Management Inc., agreed to give Defendant HowardOliver, M.d. and Defendant Rafael Chavez, P.A. 90% of theprofits from the amount collected from the workers 'compensationcarrier fro the 3-day supply, as long as Defendants also wrote aprescription for the 30-day supply of transdermal compoundcreams which would be shipped to his workers' compensationpatients by Steven's Pharmacy in Costa Mesa, located in theCounty of Orange.OVERT ACT 7Defendant Howard Oliver, M.D. and his Physician's Assistantentered into a contract with King Medical Management on04/18/13, in which Monarch Medical Group agreed to purchase oralmedications from NuCare Pharmaceuticals Inc., located in theCounty of Orange, to dispense to their workers' compensationpatients at the defendants' Clinic Central Desert IndustrialMedical Group.OVERT ACT 8Once the defendant distributed the medications to their workers'compensation patients, they provided the patients' demographicsand billing information to Monarch Medical Group.OVERT ACT 9Monarch Medical Group then gave 80% of the profits received fromworkers' compensation carriers to the defendants.OVERT ACT 10Defendant Howard Oliver, M.D. and his Physician's AssistantDefendant Rafael Chavez, also entered into an agreement withMonarch Medical Group and One Source Labs Inc., in which theyeach agreed to prescribe Urine toxicology Drug testing to theirworkers' compensation patients in return for financialconsideration.///FELONY COMPLAINT WARRANT E-FILED (DA CASE# 17F00314)OC DNA NOT ON FILE: HOWARD OLIVER, RAFAEL CHAVEZ

HOWARD WALLACE OLIVER OCDA WC16070011 PAGE 4OVERT ACT 11Monarch Medical Group purchased Active Medicated Specimencollection kits from NuCare Pharmaceuticals Inc., located in theCity of Orange, County of Orange and shipped the kits toDefendant Howard Oliver, M.D. and Rafael Chavez, P.A. clinic,Central Desert Industrial Medical Group.OVERT ACT 12Defendant Howard Oliver, M.D. and Defendant Rafael Chavez, P.A.,subjected their patients to a Urine Toxicology Test at theirclinic, and regardless of the "Point of Care" toxicology testresults, referred the test for a quantitative test to One SourceLabs per his agreement with Monarch Medical Group.OVERT ACT 13Monarch Medical Group then billed workers' compensationinsurance carriers for the "Point of Care" toxicology test thatwas performed at the clinic, and gave 90% of the profit on theamounts collected to Dr. Howard Oliver and Rafael Chavez.OVERT ACT 14In return for the payment on the "Point of Care" toxicologytests, Defendant Howard Oliver and Rafael Chavez then permittedOne Source Labs to do qualitative tests on all Urine samplessubmitted by the workers compensation patients, regardless ofmedical necessity or test results.OVERT ACT 15One Source Labs then billed workers compensation carriers inexcess of 700 for these qualitative tests.OVERT ACT 16Monarch Medical and King Medical paid Central Desert IndustrialMedical Group in excess of 94,000 between 07/08/13 and 08/12/15with at least one payment being issued on 04/13/15 for 1,609.86with check number 6618./FELONY COMPLAINT WARRANT E-FILED (DA CASE# 17F00314)OC DNA NOT ON FILE: HOWARD OLIVER, RAFAEL CHAVEZ

HOWARD WALLACE OLIVER OCDA WC16070011 PAGE 5COUNT 2: On or aboutand between February 14, 2014 andSeptember 01, 2015, in violation of Section 549 of the PenalCode (FALSE AND FRAUDULENT CLAIM), a FELONY, HOWARD WALLACEOLIVER and RAFAEL UBALDO CHAVEZ and his company Central DesertIndustrial Medical Group did unlawfully solicit, accept, andrefer business to and from King Medical Management Inc. and OneSource Labs Inc., with the knowledge that, and with recklessdisregard for whether King Medical Management Inc. and OneSource Labs Inc. intended to violate Penal Code section 550 andInsurance Code section 1871.4.COUNT 3: On or aboutand between February 14, 2014 andSeptember 01, 2015, in violation of Section 549 of the PenalCode (FALSE AND FRAUDULENT CLAIM), a FELONY, HOWARD WALLACEOLIVER and RAFAEL UBALDO CHAVEZand his company Central DesertIndustrial Medical Group did unlawfully solicit, accept, andrefer business to and from King Medical Management Inc. andMonarch Medical Group Inc., with the knowledge that, and withreckless disregard for whether King Medical Management Inc. andMonarch Medical Group Inc. intended to violate Penal Codesection 550 and Insurance Code section 1871.4.COUNT 4: On or about and between May 06, 2014 and December 11,2014, in violation of Section 650 of the Business & ProfessionsCode (REBATES FOR PATIENT REFERRALS), a FELONY, HOWARD WALLACEOLIVER and RAFAEL UBALDO CHAVEZ, a person licensed under theHealing Arts Division of this Code and the ChiropracticInitiative Act, did unlawfully offer, deliver, receive, andaccept any rebate, refund, commission, preference, patronagedividend, discount, and other consideration as compensation andinducement for referring patients, clients, and customers toTanya Moreland Kng and her Business One Source Labs and KingMedical Management Inc.//////////FELONY COMPLAINT WARRANT E-FILED (DA CASE# 17F00314)OC DNA NOT ON FILE: HOWARD OLIVER, RAFAEL CHAVEZ

HOWARD WALLACE OLIVER OCDA WC16070011 PAGE 6COUNT 5: On or about and between January 15, 2015 and August12, 2015, in violation of Section 650 of the Business &Professions Code (REBATES FOR PATIENT REFERRALS), a FELONY,HOWARD WALLACE OLIVER and RAFAEL UBALDO CHAVEZ, a personlicensed under the Healing Arts Division of this Code and theChiropractic Initiative Act, did unlawfully offer, deliver,receive, and accept any rebate, refund, commission, preference,patronage dividend, discount, and other consideration ascompensation and inducement for referring patients, clients, andcustomers to TANYA MORELAND KING AND HER BUSINESS ONE SOURCELABS AND KING MEDICAL MANAGEMENT.COUNT 6: On or about and between May 06, 2014 and December 11,2014, in violation of Section 650 of the Business & ProfessionsCode (REBATES FOR PATIENT REFERRALS), a FELONY, HOWARD WALLACEOLIVER and RAFAEL UBALDO CHAVEZ, a person licensed under theHealing Arts Division of this Code and the ChiropracticInitiative Act, did unlawfully offer, deliver, receive, andaccept any rebate, refund, commission, preference, patronagedividend, discount, and other consideration as compensation andinducement for referring patients, clients, and customers toSTEVEN'S PHARMACY AND TANYA MORELAND KING AND HER BUSINESSMONARCH MEDICAL GROUP INC.COUNT 7: On or about and between May 28, 2014 and August 12,2015, in violation of Section 650 of the Business & ProfessionsCode (REBATES FOR PATIENT REFERRALS), a FELONY, HOWARD WALLACEOLIVER and RAFAEL UBALDO CHAVEZ, a person licensed under theHealing Arts Division of this Code and the ChiropracticInitiative Act, did unlawfully offer, deliver, receive, andaccept any rebate, refund, commission, preference, patronagedividend, discount, and other consideration as compensation andinducement for referring patients, clients, and customers toSTEVEN'S PHARMACY AND TANYA MORELAND KING AND HER BUSINESSMONARCH MEDICAL GROUP INC.////////FELONY COMPLAINT WARRANT E-FILED (DA CASE# 17F00314)OC DNA NOT ON FILE: HOWARD OLIVER, RAFAEL CHAVEZ

HOWARD WALLACE OLIVER OCDA WC16070011 PAGE 7COUNT 8: On or about and between May 28, 2014 and December 11,2014, in violation of Section 550(b)(3) of the Penal Code(INSURANCE FRAUD), a FELONY, HOWARD WALLACE OLIVER and RAFAELUBALDO CHAVEZ, with the intent to defraud, did unlawfullyconceal and knowingly fail to disclose, and did knowingly assistwith another person to conceal and fail to disclose theoccurrence of an event and a fact that affected the initial andcontinued material right and entitlement of FARMERS INSURANCE toan insurance benefit and payment, and to the amount of a benefitand payment to which FARMERS INSURANCE was entitled, namely:DEFENDANT HAD A FINANCIAL INTEREST IN AND RECEIVED FINANCIALINCENTIVES TO PRESCRIBE COMPOUND CREAMS AND URINE TOXICOLOGYTESTS TO HIS WORKERS' COMPENSATION PATIENTS.COUNT 9: On or about and between June 11, 2013 and October 15,2013, in violation of Section 550(b)(3) of the Penal Code(INSURANCE FRAUD), a FELONY, HOWARD WALLACE OLIVER and RAFAELUBALDO CHAVEZ, with the intent to defraud, did unlawfullyconceal and knowingly fail to disclose, and did knowingly assistwith another person to conceal and fail to disclose theoccurrence of an event and a fact that affected the initial andcontinued material right and entitlement of ICW to an insurancebenefit and payment, and to the amount of a benefit and paymentto which ICW was entitled, namely: DEFENDANT HAD A FINANCIALINTEREST IN AND RECEIVED FINANCIAL INCENTIVES TO PRESCRIBECOMPOUND CREAMS AND URINE TOXICOLOGY TESTS TO HIS WORKERS'COMPENSATION PATIENTS.COUNT 10: On or about and between May 21, 2013 and July 22,2015, in violation of Section 550(b)(3) of the Penal Code(INSURANCE FRAUD), a FELONY, HOWARD WALLACE OLIVER and RAFAELUBALDO CHAVEZ, with the intent to defraud, did unlawfullyconceal and knowingly fail to disclose, and did knowingly assistwith another person to conceal and fail to disclose theoccurrence of an event and a fact that affected the initial andcontinued material right and entitlement of Liberty MutualInsurance to an insurance benefit and payment, and to the amountof a benefit and payment to which Liberty Mutual Insurance wasentitled, namely: Defendant had a financial interest in andreceived financial incentives to prescribe Oral Medication andUrine Toxicology Tests, and that he did not author the reportsbilled on the healthcare claims to his workers' compensationpatients.FELONY COMPLAINT WARRANT E-FILED (DA CASE# 17F00314)OC DNA NOT ON FILE: HOWARD OLIVER, RAFAEL CHAVEZ

HOWARD WALLACE OLIVER OCDA WC16070011 PAGE 8COUNT 11: On or about and between October 21, 2013 and July 16,2015, in violation of Section 550(b)(3) of the Penal Code(INSURANCE FRAUD), a FELONY, HOWARD WALLACE OLIVER and RAFAELUBALDO CHAVEZ, with the intent to defraud, did unlawfullyconceal and knowingly fail to disclose, and did knowingly assistwith another person to conceal and fail to disclose theoccurrence of an event and a fact that affected the initial andcontinued material right and entitlement of State CompensationInsurance Fund to an insurance benefit and payment, and to theamount of a benefit and payment to which State CompensationInsurance Fund was entitled, namely: Defendant had a financialinterest in and received financial incentives to order UrineToxicology Tests andprescribe Oral Meds to his workers'compensation patients; Defendant also did not author the reportsbilled on the healthcare claims, to his workers compensationpatients.COUNT 12: On or about and between May 07, 2013 and December 29,2015, in violation of Section 550(b)(3) of the Penal Code(INSURANCE FRAUD), a FELONY, HOWARD WALLACE OLIVER and RAFAELUBALDO CHAVEZ, with the intent to defraud, did unlawfullyconceal and knowingly fail to disclose, and did knowingly assistwith another person to conceal and fail to disclose theoccurrence of an event and a fact that affected the initial andcontinued material right and entitlement of Travelers Insuranceto an insurance benefit and payment, and to the amount of abenefit and payment to which Travelers Insurance was entitled,namely: Defendant had a financial interest in and receivedfinancial incentives to order Urine Toxicology Tests andprescribe Oral Meds to his workers' compensation patients;Defendant also did not author the reports which were billed onHealthcare Claims.///////////FELONY COMPLAINT WARRANT E-FILED (DA CASE# 17F00314)OC DNA NOT ON FILE: HOWARD OLIVER, RAFAEL CHAVEZ

HOWARD WALLACE OLIVER OCDA WC16070011 PAGE 9COUNT 13: On or about and between May 20, 2013 and September25, 2015, in violation of Section 550(b)(3) of the Penal Code(INSURANCE FRAUD), a FELONY, HOWARD WALLACE OLIVER and RAFAELUBALDO CHAVEZ, with the intent to defraud, did unlawfullyconceal and knowingly fail to disclose, and did knowingly assistwith another person to conceal and fail to disclose theoccurrence of an event and a fact that affected the initial andcontinued material right and entitlement of Zurich Insurance toan insurance benefit and payment, and to the amount of a benefitand payment to which Zurich Insurance was entitled, namely:Defendant had a financial interest in and received financialincentives to order Urine Toxicology Tests, prescribe CompoundCreams and oral medications to his workers' compensationpatients; and Defendant did not author the reports which werebilled in the Healthcare Claim Forms.ENHANCEMENT(S)As to Count(s) 1, 2, 3, 4, 8, 10, 11, 12 and 13, it is furtheralleged pursuant to Penal Code section 12022.6(a)(1) (PROPERTYDAMAGE/LOSS OVER 65,000), that HOWARD WALLACE OLIVER and RAFAELUBALDO CHAVEZ intentionally took, damaged, and destroyedproperty valued in excess of sixty-five thousand dollars( 65,000) during the commission and attempted commission of theabove offense.I declare under penalty of perjury, on information and belief,that the foregoing is true and correct.Dated 04-03-2017 at Orange County, California.KS/DM 17F00314TONY RACKAUCKAS, DISTRICT ATTORNEYby: /s/ SHADDI KAMIABIPOURSHADDI KAMIABIPOUR, Deputy District AttorneyRESTITUTION CLAIMED[] None[] [ X ] To be determinedFELONY COMPLAINT WARRANT E-FILED (DA CASE# 17F00314)OC DNA NOT ON FILE: HOWARD OLIVER, RAFAEL CHAVEZ

HOWARD WALLACE OLIVER OCDA WC16070011 PAGE 10BAIL RECOMMENDATION:HOWARD WALLACE OLIVER - 94,000.00RAFAEL UBALDO CHAVEZ - 94,000.00NOTICES:The People request that defendant and counsel disclose, within15 days, all of the materials and information described in PenalCode section 1054.3, and continue to provide any later-acquiredmaterials and information subject to disclosure, and withoutfurther request or order.Pursuant to Welfare & Institutions Code §827 and California Ruleof Court 5.552, notice is hereby given that the People will seeka court order to disseminate the juvenile case file of thedefendant/minor, if any exists, to all parties in this action,through their respective attorneys of record, in the prosecutionof this case.FELONY COMPLAINT WARRANT E-FILED (DA CASE# 17F00314)OC DNA NOT ON FILE: HOWARD OLIVER, RAFAEL CHAVEZ

electronically filed superior court of california county of orange 04/03/2017 09:39 am david h. yamasaki, clerk of the court 17cf0814. howard wallace oliver ocda wc16070011 page 2 felony complaint warrant e-filed (da case# 17f00314) oc dna not on file: howard oliver, rafael chavez

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