Home Health Owners Sentenced for $5.5M in Health Care Fraud

DETROIT—A married Macomb County couple, Noli and Isabel Tcruz, were sentenced to six years in prison and 38 months in prison, respectively, on health care fraud kickback conspiracy, tax evasion and fraud charges. U.S. Attorney Dawn Ison announced this sentencing following the sentencings earlier this year of two doctors who pled guilty to receiving kickbacks and bribes from the Tcruzes.

The Tcruzes were convicted and sentenced for schemes related to their operation of several Macomb County home health care companies, which purported to provide legitimate medical care to homebound Medicare beneficiaries but, in fact, engaged in fraud.

The Tcruzes engaged in an approximately $5 million conspiracy to illegally pay kickbacks and bribes and acquire referrals for home health care for Medicare beneficiaries. Additionally, they refused to pay their income tax obligations for both personal and business taxes. After their last home health company was shut down in Feb. 2020, Noli Tcruz began engaging in a COVID-19 program fraud and used a family member’s identity and company to defraud the U.S. Small Business Administration and the U.S. Health and Human Services out of more than $250,000 from pandemic assistance funds.

“My office will diligently investigate and prosecute all types of fraud, which is driven by greed,” said Ison. “Noli and Isabel Tcruz’s fraud harmed taxpayers and the government programs our tax dollars fund, including Medicare and COVID-19 programs. Health care professionals and providers have both an opportunity and a duty to lawfully help people, but we will not hesitate to pursue individuals like these defendants who breach those duties to line their own pockets.”

Two physicians, Dr. Terry Baul and Dr. David Calderone pleaded guilty to accepting kickbacks and bribes for referring Medicare beneficiaries to the Tcruzes. Under their respective plea agreements, the two physicians were required to pay more than $3 million in restitution and forfeiture judgments and are excluded from Medicare and other federal health care programs.

“[This] sentencing of Noli and Isabel Tcruz broadcasts that IRS criminal investigation and the U.S. Attorney’s office will continue their aggressive pursuit of those who use fraudulent scams in an attempt to steal from the hard-working taxpayers of America,” said Charles Miller, IRS criminal investigation special agent in charge, Detroit field office. “Not only was blatant stealing of funds, allotted for the health care of Americans, committed; but U.S. citizens were stolen from again when no tax was paid on any of the couple’s income.”

“Paying kickbacks to induce referrals for medical services in federal health care programs is illegal and can lead to the delivery of unnecessary services, wasting valuable taxpayer funds,” said Mario Pinto, special agent in charge of the U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG). “HHS-OIG will continue collaborating with our law enforcement partners to ensure that those who engage in unlawful kickback schemes in our federal health care programs are held accountable.”