Contractor Sentenced to 46 Months in Prison In Scheme to Defraud Local Hospital

Obtained More than $400,000 Using False Invoices;
Used “Spoof” E-mail Service to Falsify Approvals

May 5, 2010

Greenbelt, Maryland - U.S. District Judge Peter J. Messitte sentenced Gary Sean Clayton, age 30, of Frisco, Texas, today to 46 months in prison followed by three years of supervised release for conspiracy to commit wire fraud. Judge Messitte also ordered Clayton to pay restitution of $472,073.19 to Holy Cross Hospital, and $180,175 to a factoring company Clayton defrauded.

The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein and Special Agent in Charge Jeffrey Irvine of the United States Secret Service – Washington Field Office.

Clayton was a part owner of Invictus Solutions, an employee staffing company based in Dallas, Texas, that provided employees to hospitals and other medical providers. In a typical transaction, a hospital would contact Invictus to request an employee, for example, a lab technician. Invictus would locate a suitable employee and assign that person to the hospital. The employee would submit a completed timesheet for their hours worked to a hospital supervisor for approval. Once the timesheet was approved, Invictus would send the hospital an invoice for the employee’s work; the hospital would pay Invictus, who would then pay the employee.

According to Clayton’s plea agreement, in Spring 2007, Holy Cross Hospital (HCH) in Silver Spring, Maryland, entered into a contract with Invictus for a lab technician. Beginning no later than June 2007, Clayton, Gil Bodog who was the lab technician’s supervisor and another co-conspirator began submitting fraudulent invoices to HCH that artificially inflated the number of hours worked by the lab technician. Clayton and the co-conspirator submitted multiple invoices containing these inflated hours, which were then approved by Bodog. Based on Bodog’s approval, HCH paid Invictus.

In June 2008, the lab technician became a full-time HCH employee, had no further relationship with Invictus and was paid directly by the hospital. However, Clayton and his co-conspirator continued to submit fraudulent invoices to HCH for the lab technician’s work, which Bodog approved and HCH paid. In early 2009, Bodog’s department ran out of funds to pay for the fraudulent invoices. Bodog told Clayton how to use an alternative method by which the fraudulent invoices could be approved and paid. Clayton used a “spoof” e-mail service to send fraudulent e-mails to an HCH accounts representative purporting to be from an appropriate HCH supervisory employee, approving the fraudulent invoices. Based on these fraudulent approvals, the invoices were paid.

Clayton, Bodog and the co-conspirator shared the proceeds of the fraud.

Through this scheme, Holy Cross Hospital was defrauded of $472,073, and a factoring company engaged by Invictus was defrauded of $180,175.

Gil Bodog, age 46, of Silver Spring, Maryland pleaded guilty on April 21, 2010 to falsely stating to U.S. Secret Service agents during the investigation that he did not receive any money from Clayton. Judge Messitte has scheduled his sentencing for June 18, 2010 at 9:30 a.m.

United States Attorney Rod J. Rosenstein commended Assistant United States Attorney Jonathan Su, who prosecuted the case.


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