Friday, October 7, 2016
HOUSTON - A Houston doctor has been ordered to federal prison for engaging in a conspiracy to defraud Medicare of more than $6.6 million, announced U.S. Attorney Kenneth Magidson. A federal jury convicted Dr. Leonard Kibert, 65, and his medical clinic administrator, Tsolak Gevorgyan, 30, of all 41 and 44 counts as charged, respectively, following a three-week trial in February 2016.
Today, U.S. District Judge Keith P. Ellison, who presided over the trial, sentenced Kibert to 63 months in prison to be followed by three years of supervised release. He was further ordered to pay restitution in the amount of $2.89 million. Gevorgyan will be sentenced on Nov. 8, 2016. Another defendant - Robert Manning, 61, of Houston – had pleaded guilty for his role and was sentenced earlier this week to 12 months and one day in prison. Two others are also pending sentencing.
The evidence at trial established that all of the Medicare billing for alleged diagnostic testing at the New Life Sleeping & Allergy Disorder Center, located at 2117 Chenevert Street in Houston, was fraudulent because the testing either was never performed or was not medically necessary. Kibert owned New Life and Gevorgyan was the manager. Kibert and Gevorgyan filed false claims with Medicare for medical procedures which either were never performed or were not medically necessary.
Kibert was the only doctor working at the New Life Center. The patients were brought to the clinics by recruiters/marketers like Manning who Gevorgyan paid by for bringing the patients.
Kibert was permitted to remain on bond and voluntarily surrender to a U.S. Bureau of Prisons facility to be determined in the near future.
The Texas Medical Board suspended Kibert’s license to practice medicine on Aug. 12, 2016 based on his convictions.
The criminal charges are the result of a joint investigation conducted by agents of the FBI, U.S. Department of Health and Human Services - Office of Inspector General, Internal Revenue Service - Criminal Investigation and the Medicaid Fraud Control Unit of the Texas Attorney General's Office. Assistant U.S. Attorney (AUSA) Al Balboni and Special AUSA Rodolfo Ramirez prosecuted the case.