News and Press Releases

Woman Sentenced to Prison for Defrauding Culinary Union

May 28, 2010

Las Vegas, Nev. – A California woman has been sentenced to prison for defrauding the Culinary Union's health care insurance program, announced Daniel G. Bogden, United States Attorney for the District of Nevada.

Ana Bertha Acosta, 40, of Dulzura, California, was sentenced on May 27, 2010, by U.S. District Judge Lloyd D. George to 30 months in prison, three years of supervised release, and ordered to pay $959,735 in restitution. Acosta pleaded guilty on February 16, 2010, to three counts of health care fraud.

From about June 2000 to June 2007, Acosta and several co-schemers submitted fraudulent health care claims to the Culinary Union's health care insurance program representing that union members had obtained emergency medical services in Mexico, when they actually received cosmetic procedures such as breast augmentations and "tummy tucks." The union's insurance program does not provide coverage for cosmetic surgeries, unless they are medically necessary.

The investigation was initiated in 2006 to determine if Las Vegas insurance providers were being targeted for fraudulent medical claims by Mexican medical providers. Investigators found that the Culinary Union's health care insurance program, which provides medical insurance services to at least 50,000 participants in the hospitality industry in the Las Vegas, Nevada area, had been billed approximately $4.9 million for "out of country" claims for the time period of approximately January 2002 through February 2006, and that the "out of country" claims were almost entirely from Mexico. The majority of the claims were for emergency procedures in Mexico. When investigators began interviewing a number of the patients, they were told that the insurance claims were fabricated and that they had actually had cosmetic surgery in Mexico, not emergency services.

Acosta's sister, Rebeca Acosta, 47, was also charged in the scheme and was released on bond following her first court appearance. Rebeca Acosta failed to appear for subsequent court hearings and a warrant was issued for her arrest. She is currently a fugitive.

The cases are being investigated by the Office of Inspector General for the U.S. Department of Labor and the U.S. Postal Inspection Service. They are being prosecuted by Assistant United States Attorney Crane Pomerantz.

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