Local Doctor Convicted of Defrauding Medicare of $2.9 Million

HOUSTON – A federal jury in Houston has found two Houston men guilty of engaging in a conspiracy to defraud Medicare of $2.9 million, announced U.S. Attorney Kenneth Magidson. Dr. Leonard Kibert, 65, and Tsolak “Mike” Gevorgyan, 30, were found guilty of conspiracy and health care fraud. Kibert was also found guilty of money laundering, while Gevorgyan was convicted of paying kickbacks to marketers in return for bringing patients to the fraudulent clinic. The jury deliberated for approximately seven hours before finding both guilty as charged following 14 days of trial.

The fraudulent Medicare billing was for diagnostic testing at the New Life Sleeping & Allergy Disorder Center located on Chenevert Street in Houston, which either was never performed or was not medically necessary. Kibert owned New Life and Gevorgyan managed the clinic.  

Gevorgyan paid recruiters/marketers to bring patients to the clinic.

The defendants face a maximum penalty of 10 years imprisonment for the conspiracy and each of 37 health care fraud convictions. Gevorgyan faces a maximum of five years imprisonment for the conspiracy to pay and receive kickbacks and each of the four counts of paying and receiving of kickbacks, while Kibert faces up to 10 years imprisonment for each of the three money laundering counts. All convictions also carry a possible $250,000 fine. Kibert and Gevorgyan were allowed to remain free on bond pending their sentencing.

U.S. District Judge Keith P. Ellison presided over the trial and has set sentencing for Aug. 30, 2016.

The criminal charges are the result of a joint investigation conducted by agents of the FBI, U.S. Department of Health and Human Services, Office of Inspector General, the Internal Revenue Service, Criminal Investigations and the Medicaid Fraud Control Unit of the Texas Attorney General's Office. This case will be prosecuted by Assistant United States Attorney Al Balboni and Special Assistant United States Attorney Rodolfo Ramirez.