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May 14, 2012

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South Texas Couple Convicted of Bankruptcy Fraud

HOUSTON - Michael Giventer, 53, formerly of Brownsville, Texas, has just pleaded guilty to conspiracy to commit bankruptcy fraud, United States Attorney Kenneth Magidson announced today. Giventer’s wife, Julia Shavabskaya, 40, currently residing in Florida, also pleaded guilty to the same charge on April 30, 2012.

From on or about Aug. 27, 2002, and continuing to July 2010, Giventer caused the incorporation of two business entities, Ambucare Inc. and Open Diagnostic Imaging Inc., located in the Brownsville area, as holding companies to receive income from clinics providing various forms of health care services to individuals who were covered by Workers’ Compensation insurance. Ownership of both Ambucare and Open Diagnostic Imaging was placed solely in the name of Shvabskaya. Through these two companies, Giventer received income from a number of these clinics, such as Valley Center for Pain and Stress Management, Functional Pain Center, Palladium for Surgery and Valley Comprehensive Pain Management.

On Nov. 4, 2005, Giventer filed for bankruptcy under chapter 7 in the Southern District of Texas. During the bankruptcy, Giventer was required to file under penalty of perjury various Schedules consisting of assets, debts, liabilities and a Statement of Financial Affairs in which he was required to disclose among other things, his income, debts, property and transfers of property. In some of the documents, Giventer indicated he did not own an interest in Ambucare, Open Diagnostic Imaging and other properties and assets when in truth and in fact, he controlled, managed and received income from these entities and made all decisions about how their income would be distributed. Shavabskaya falsely testified that she owned the companies and that Giventer did not own or operate them. Additionally, both Giventer and Shavabskaya knew and falsely denied under oath any ownership interest in these entities in order to deceive, frustrate and prevent creditors and the bankruptcy Trustee from identifying and collecting assets as part of the bankruptcy estate to be distributed for the benefit of creditors.

Both have been permitted to remain on bond pending their sentencing hearing, set for Sept. 24, 2012, at which time they face a maximum sentence of up to five years in federal prison and a fine up to $250,000.

This case was jointly investigated by the FBI and the Department of Health and Human Services. The case is being prosecuted by Assistant United States Attorney Quincy L. Ollison.