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Justice News

Department of Justice
U.S. Attorney’s Office
Middle District of Florida

Friday, August 22, 2014

Local Woman Indicted On Health Care Fraud Charges

Tampa, FL – United States Attorney A. Lee Bentley, III announces the unsealing of an indictment charging Lisvet Martinez (42, Tampa) with twelve counts of health care fraud and two counts of making false statements in connection with health care matters. If convicted on all counts, she faces a maximum penalty of twenty years in federal prison on the health care fraud charge and five years on each of the false statement offenses. The indictment also notifies Martinez that the United States intends to seek a forfeiture money judgment in the amount of at least $251,650.00, which is alleged to be traceable to proceeds of the offense.

According to the indictment, Martinez operated Lissmart Medical Supply and Lissmart Pharmacy. Martinez fraudulently billed Medicare and Medicaid for enteral nutrition services and supplies for beneficiaries who are not intubated and, therefore, not qualified to receive these services. Instead, Martinez provided oral nutrition products, like Boost, that are normally available at retail locations, and billed Medicare and Medicaid by submitting false documentation that these services were medically necessary and that she had the medical documentation of their intubated condition, when she did not. It is further alleged that Martinez also fraudulently billed Medicare Part D and Medicaid for prescriptions that were not prescribed by a physician, not medically necessary, and not supplied to Lissmart Pharmacy.

An indictment is merely a formal charge that a defendant has committed a violation of the federal criminal laws, and every defendant is presumed innocent unless, and until, proven guilty.

This case was investigated by the U.S. Department of Health and Human Services, Office of Inspector General and the Medicaid Fraud Control Unit of the Florida Attorney General’s Office. It is being prosecuted by Assistant United States Attorney Kelley C. Howard-Allen.

Updated January 26, 2015