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CRIMINAL COURT OF THE CITY OF NEW YORK COUNTY OF BRONX

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CRIMINAL COURT OF THE CITY OF NEW YORK COUNTY OF BRONX Powered By Docstoc
					CRIMINAL COURT OF THE CITY OF NEW YORK
COUNTY OF BRONX
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THE PEOPLE OF THE STATE OF NEW YORK      :
                                         :
                                         :
           -against-                     :
                                         :                  FELONY COMPLAINT
BRIAN LEW,                               :
                                         :
           Defendant.                    :
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State of New York)
County of Bronx ) ss.:

Special Investigator James Cummings, Shield No.1107, of the
Office of the New York State Attorney General, Medicaid
Fraud Control Unit, 120 Broadway, New York, New York, being
duly sworn, deposes and says that from on or about April 1,
2003, to on or about February 15, 2005, at Jacobi Medical
Center, 1400 Pelham Parkway South, located in the County of
Bronx, State of New York, the defendant committed the
offense of:


PENAL LAW §155.40 - GRAND LARCENY IN THE SECOND DEGREE


in that, the defendant, Brian Lew, employed as a surgical
implant salesperson for the company Spinal Dimensions,
Inc., a distributor for Depuy Spine at the above-mentioned
times and place, with intent to deprive another of property
and to appropriate the same to himself and a third person,
wrongfully took, obtained and withheld property, valued in
excess of fifty thousand dollars, from an owner thereof, to
wit:

     The defendant, Brian Lew, knowingly submitted forms to
Jacobi Medical Center, which falsely represented that
defendant had supplied Jacobi Medical Center with certain
surgical implants that were, in fact, never delivered by
defendant. In reliance on these false representations,
Jacobi Medical Center paid Depuy Spine more than $50,000 to
which neither Depuy Spine nor defendant were entitled.


      This complaint is based on information and belief, the
sources of which are as follows:

         Deponent is informed by the defendant, Brian Lew,
 that he was employed as a surgical implant salesperson, and
 that while so employed, he knowingly submitted false forms
 t o Jacobi Medical Center that represented that defendant
 h a d s u p p l i e d J a c o b i M e d i c a l C e n t e r w i t h hundreds of
 surgical implants including, screws, cages, and bolts, when
 he had in fact not supplied these implants. He further
 stated that in many cases where he did so the report of
 surgical operation would reveal that the surgical implant
 h e b i l l e d f o r w a s n o t u t i l i z e d . Deponent is further
 informed by defendant that, depending on the implant,
 d e f e n d a n t r e c e i v e d b e t w e e n f i v e a n d e i g h t p e r c e nt
 commission for the implants he was credited with supplying
 to Jacobi Medical Center.


                                      1
      Deponent is informed by Christopher Fugazy, Associate
Executive Director for Patient Care Services at Jacobi
Medical Center that Jacobi Medical Center relied on these
false representations and paid Depuy Spine for the implants
allegedly delivered by defendant.

       Deponent is informed by Lisa Close, a Special Auditor
Investigator with the Office of the Attorney General,
Medicaid Fraud Control Unit, t h a t she has reviewed the
forms submitted by defendant and compared them to records
kept by Jacobi Medical Center. She further informs me that
she has found hundreds of cases where the forms contain
surgical implant items that do not appear in the Jacobi
Medical Center records as having been supplied by anyone or
w h i c h t h e r e c o r d s s h o w h a d b e e n supplied by another
company. D e p o n e n t i s i n f o r m e d b y L i s a C l o s e t h a t
defendant’s actions caused Jacobi Medical Center to pay
Depuy Spine in excess of $750,000 to which it was not
entitled.



False statements in this document are punishable as a Class A
Misdemeanor pursuant to Section 210.45 of the Penal Law.


                                     ______________________________
                                     Special Investigator James Cummings
                                     Shield Number 1107

Sworn to before me on the
 ____ day of September, 2005


_____________________________




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