Judgment Entered Against 4 Defendants In Home Health Care Fraud Case For A Total Of $339.4 Million

Attorney Rusty Tucker: Whistleblower Grant Bachman’s Claims are Vindicated

Dallas, August 14, 2019 – In a case alleging massive home health care fraud, today Judge Barbara Lynn, Chief Judge of the U.S. District Court for the Northern District of Texas, entered an Order and Final Judgment against four defendants which totaled $339,402,631.

In January of 2013, whistleblower Grant Bachman, represented by Attorney Rusty Tucker of Dallas, filed a lawsuit against several home health care agencies and individual Defendants, which included former doctors Noble Ezukanma and Ransome Etindi. Also named as Defendants were Merna Parcon and Ben Gaines III, who Plaintiff alleged to be the owners of certain home health care agencies involved in the fraud. The Relator/whistleblower Bachman is a former employee of U.S. Physician Home Visits (“USPHV”).

As to Defendants Ezukanma, Parcon, Etindi and Gaines, this case involved one of the largest cases of home health care fraud in the history of the United States. After the U.S. issued indictments in June of 2015, a criminal case was then filed against Ezukanma, Parcon, Etindi, and Gaines in United States v. Ezukanma, et al., Case No. 3:15-cr-0254-B (N.D. TX), charging them with conspiracy to commit Medicare fraud. Ezukanma was also charged with Medicare fraud.

Parcon, Etindi, and Gaines pled guilty. The Court entered Judgment against Parcon, sentencing her to 120 months of incarceration, and ordered her to pay restitution in the amount of $51,497,930.87. Etindi was sentenced to 30 months of incarceration, and ordered to pay restitution in the amount of $18,309,171.21. Gaines was sentenced to 60 months of incarceration, and ordered to pay restitution in the amount of $9,323,957.60.

After a jury trial, presided over by Judge Jane Boyle, Ezukanma was found guilty on all counts alleged in the superseding indictment, and was sentenced to 200 months of incarceration. The Court ordered that Ezukanma pay restitution in the amount of $34,003,151.24. Ezukanma appealed his conviction and the Fifth Circuit affirmed.

Based upon the Judgments against them in the criminal court, Bachman moved for summary judgment against Ezukanma, Parcon, Etindi and Gaines, seeking damages of three (3) times the amount of restitution ordered by the Criminal Court per existing case law. The Court granted summary judgment and awarded damages as requested. (See attached Order). The Court then entered a Final Judgment against the Defendants in the following amounts: Parcon ($154,493,792); Etindi ($54,927,513); Gaines ($27,971,872); and Ezukanma ($102,009,454). (See attached Final Judgment).

Mr. Bachman is represented by Rusty Tucker of the Law Offices of James R. Tucker, P.C. of Dallas. Tucker said, “Our legal team hopes that this settlement sends a strong message that individuals who engage in Medicare fraud or conspiracy to commit Medicare fraud and defraud the federal government will face the judgment of the courts. Companies and individuals who violate the federal False Claims Act will be held accountable. Mr. Bachman who came forward should be recognized for helping expose this massive home health care fraud.”

“This fraudulent scheme astoundingly resulted in resulted in Ezukanma or Etindi billing over 100 hours per day on several occasions to Medicare for physician home visits”, Tucker said. “On twelve different occasions, Ezukanma billed Medicare hours ranging from 102.7 hours per day to 205.9 hours per day. The Indictment revealed in total that Etindi and Ezukanma billed Medicare in excess of 24 hours per day on at least 21 occasions”.

The case is U.S. ex. rel. Gordon Grant Bachman v. Healthcare Liaison Professionals, Inc. d/b/a US Physician Home Visits et. al.; Civil Action No. 3:13-CV-00023-M; Chief Judge Barbara M. G. Lynn Presiding

CONTACTS: Rusty Tucker, Law Offices of James R. Tucker, P.C. (214) 505-0097

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