Three charged in $6M pediatric dental fraud scheme

HOUSTON - A superseding indictment has been unsealed charging an operator and two managers at a local dental clinic for their roles in a $6 million Medicaid fraud and kickback scheme, announced U.S. Attorney Alamdar S. Hamdani.

Authorities took Christian Agno Aquino, 42, Humble, into custody today. He is expected to make his initial appearance before U.S. Magistrate Judge Dena Hanovice Palermo at 2 p.m.

Also charged is Rene Gaviola, 67, and Ifeanyi Ndubisi Ozoh, 51, both of Houston. They were previously arrested on similar charges in August 2022. Ozoh and Gaviola are expected to make their appearances on the superseding indictment in Houston tomorrow.

According to the charges, Gaviola was the operator, while Ozoh and Aquino were managers of Floss Family Dental Care clinic located in Houston. The superseding indictment alleges Gaviola and other employees submitted fraudulent claims to Medicaid for pediatric dental services, including numerous cavity fillings, that Floss did not provide or that licensed individuals did not conduct. At Gaviola’s direction and with Aquino’s assistance, Floss allegedly employed one individual to practice dentistry without a license. Floss billed Medicaid for these dental services as if they were provided by a licensed dentist, according to the indictment.   

Gaviola, Ozoh and Aquino also allegedly paid kickbacks to marketers and caregivers of Medicaid-insured children to bring them to Floss for dental services.

The indictment further alleges Gaviola laundered Medicaid monies from the Floss business bank account to his personal bank account in several transactions exceeding $100,000.

From 2019 to 2021, the dental clinic allegedly billed Medicaid for nearly $6.9 million for which Medicaid paid approximately $4.9 million.

If convicted, all three face up to five years in prison for conspiracy to pay and receive kickbacks and 10 years for each count of payment of health care kickbacks. Gaviola and Aquino also face up to 10 years for each count of health care fraud and conspiracy to do so. Finally, Gaviola faces up to 10 years in prison for each count of money laundering. All charges also carry a possible $250,000 maximum fine.

The FBI, Texas Attorney General’s Medicaid Fraud Control Unit and the Department of Health and Human Services - Office of Inspector General conducted the investigation. Special Assistant U.S. Attorney Kathryn Olson and Assistant U.S. Attorney Grace Murphy are prosecuting the case.

An indictment is a formal accusation of criminal conduct, not evidence. A defendant is presumed innocent unless convicted through due process of law.