Score:   1
Docket Number:   WD-TX  2:19-cr-01321
Case Name:   USA v. Alfonso Luevano et. al.
  Press Releases:
In Del Rio, a federal grand jury added two new charges of distribution of a controlled substance resulting in death to an existing 20-count indictment returned in May against Dr. Alfonso Luevano, announced U.S. Attorney John F. Bash; Drug Enforcement Administration (DEA) Special Agent in Charge Will Glaspy, Houston Division; and, Texas Attorney General Ken Paxton.

The two new charges filed this week allege that Dr. Luevano, a Carrizo Springs doctor with multiple offices throughout the Southwest Texas border area, distributed Hydrocodone to two patients outside the usual course of medical practice and not for a legitimate medical purpose.  One of the patients died as a result on April 28, 2017.  The other patient died as a result on January 12, 2018.

Dr. Luevano, age 50, now faces one count of conspiracy to distribute a controlled substance, two substantive counts of distribution of a controlled substance resulting in death, ten substantive counts of distribution of a controlled substance, one count of conspiracy to commit Health Care Fraud, five substantive counts of Health Care Fraud, and three counts of aggravated identity theft.  Ofelia Martinez, a 51-year-old employee of Dr. Luevano and resident of Carrizo Springs, is also charged in both conspiracy counts, all five Health Care Fraud counts, and all three aggravated identity theft counts.

The superseding indictment alleges that Dr. Luevano regularly provided prescriptions for scheduled controlled substances – including Hydrocodone, Oxycodone, and fentanyl – to patients outside the bounds of accepted medical practice and for no legitimate medical purpose.  Dr. Luevano is alleged to have provided these prescriptions after short or perfunctory office visits, and to have issued them without performing the examination necessary to justify the prescription of an opioid pain medication. 

The superseding indictment also alleges that Dr. Luevano allowed and instructed nurse practitioners and physician assistants in his employ to provide Schedule II controlled substance prescriptions by pre-signing triplicate prescription forms and leaving them at his various offices to be filled out by his staff.  Ms. Moreno is alleged to have assisted in this practice by transporting the pre-signed prescriptions to the offices and instructing the staff on how to fill them out. 

Dr. Luevano is also alleged to have committed Health Care Fraud by billing Texas Medicaid for the illegal office visits performed by his medical staff, and by listing himself as the providing practitioner for appointments where he never saw the patient whatsoever.  It is also alleged that he defrauded Medicaid on multiple instances by misstating the length of time spent with a patient, as well as the nature of the patient’s diagnosis.  Ms. Moreno is alleged to have personally entered and submitted the fraudulent bills for the entire practice, and instructed medical staff to close medical records files in a certain manner so as to conceal their involvement in an appointment. 

Both defendants were arrested in May 2019 and remain on $50,000 unsecured bonds pending trial. 

Upon conviction, both defendants face up to 20 years in federal prison on the counts related to the distribution of controlled substances and aggravated identity theft, as well as up to ten years in federal prison on the Health Care Fraud counts.  Dr. Luevano also faces no less than 20 years in federal prison upon conviction of distribution of a controlled substance resulting in death.

This indictment resulted from a continuing joint investigation by the DEA Prescription Drug Diversion Task Force, DEA Del Rio, and the Texas Attorney General Medicaid Fraud Control Unit.   Assistant U.S. Attorneys Justin Chung and Joshua Banister are prosecuting this case on behalf of the Government.  

It is important to note that an indictment is merely a charge and should not be considered as evidence of guilt.  The defendants are presumed innocent until proven guilty in a court of law.

A Carrizo Springs doctor with multiple offices throughout the Southwest Texas border area and his office manager face federal charges in connection with alleged illegal drug distribution, Health Care Fraud, and aggravated identity theft scheme, announced U.S. Attorney John F. Bash; Drug Enforcement Administration (DEA) Special Agent in Charge Will Glaspy, Houston Division; and, Texas Attorney General Ken Paxton.

A 20-count federal grand jury indictment--returned on Wednesday in Del Rio and unsealed today by U.S. District Judge Alia Moses--charges Dr. Alfonso Luevano, age 50, with one count of conspiracy to distribute a controlled substance, ten substantive counts of distribution of a controlled substance, one count of conspiracy to commit Health Care Fraud, five substantive counts of Health Care Fraud, and three counts of aggravated identity theft.  Ofelia Martinez, a 50-year-old employee of Dr. Luevano and resident of Carrizo Springs, is charged in both conspiracy counts, the five Health Care Fraud counts, and the three aggravated identity theft counts.

As alleged in the indictment, Dr. Luevano regularly provided prescriptions for scheduled controlled substances – including Hydrocodone, Oxycodone, and fentanyl – to patients outside the bounds of accepted medical practice and for no legitimate medical purpose.  Dr. Luevano is alleged to have provided these prescriptions after short or perfunctory office visits, and to have issued them without performing the examination necessary to justify the prescription of an opioid pain medication. 

The indictment also alleges that Dr. Luevano allowed and instructed nurse practitioners and physician assistants in his employ to provide Schedule II controlled substance prescriptions by pre-signing triplicate prescription forms and leaving them at his various offices to be filled out by his staff.  Ms. Moreno is alleged to have assisted in this practice by transporting the pre-signed prescriptions to the offices and instructing the staff on how to fill them out. 

Dr. Luevano is also alleged to have committed Health Care Fraud by billing Texas Medicaid for the illegal office visits performed by his medical staff, and by listing himself as the providing practitioner for appointments where he never saw the patient whatsoever.  It is also alleged that he defrauded Medicaid on multiple instances by misstating the length of time spent with a patient, as well as the nature of the patient’s diagnosis.  Ms. Moreno is alleged to have personally entered and submitted the fraudulent bills for the entire practice, and instructed medical staff to close medical records files in a certain manner so as to conceal their involvement in an appointment. 

Federal authorities arrested both defendants Thursday without incident.  Both defendants had their initial appearances in federal court in Del Rio on Friday.  U.S. Magistrate Judge Victor Garcia released the defendants on $50,000 unsecured bonds pending trial. 

“A doctor who prescribes opioids without just cause is no different than a street corner drug dealer distributing narcotics,” stated DEA Special Agent in Charge Glaspy.  “DEA will always pursue these ‘drug dealers in white coats’ who are fueling, our ongoing opioid crisis.”

Upon conviction, the defendants face up to 20 years in federal prison on the counts related to the distribution of controlled substances and aggravated identity theft, as well as up to ten years in federal prison on the Health Care Fraud counts. 

This indictment resulted from a continuing joint investigation by the DEA Prescription Drug Diversion Task Force, DEA Del Rio, and the Texas Attorney General Medicaid Fraud Control Unit.   Assistant U.S. Attorneys Justin Chung and Paul Harle are prosecuting this case on behalf of the Government.  

It is important to note that an indictment is merely a charge and should not be considered as evidence of guilt.  The defendants are presumed innocent until proven guilty in a court of law.

Docket (0 Docs):   https://docs.google.com/spreadsheets/d/1FtvTHOAomTv6ZN_vWwIYHGIbitvg50B3tJW0ZMfc7-k
  Last Updated: 2024-03-18 15:46:30 UTC
Description: The fiscal year of the data file obtained from the AOUSC
Format: YYYY

Description: The code of the federal judicial circuit where the case was located
Format: A2

Description: The code of the federal judicial district where the case was located
Format: A2

Description: The code of the district office where the case was located
Format: A2

Description: Docket number assigned by the district to the case
Format: A7

Description: A unique number assigned to each defendant in a case which cannot be modified by the court
Format: A3

Description: A unique number assigned to each defendant in a case which can be modified by the court
Format: A3

Description: A sequential number indicating whether a case is an original proceeding or a reopen
Format: N5

Description: Case type associated with the current defendant record
Format: A2

Description: A concatenation of district, office, docket number, case type, defendant number, and reopen sequence number
Format: A18

Description: A concatenation of district, office, docket number, case type, and reopen sequence number
Format: A15

Description: The status of the defendant as assigned by the AOUSC
Format: A2

Description: A code indicating the fugitive status of a defendant
Format: A1

Description: The date upon which a defendant became a fugitive
Format: YYYYMMDD

Description: The date upon which a fugitive defendant was taken into custody
Format: YYYYMMDD

Description: The date when a case was first docketed in the district court
Format: YYYYMMDD

Description: The date upon which proceedings in a case commenced on charges pending in the district court where the defendant appeared, or the date of the defendant’s felony-waiver of indictment
Format: YYYYMMDD

Description: A code used to identify the nature of the proceeding
Format: N2

Description: The date when a defendant first appeared before a judicial officer in the district court where a charge was pending
Format: YYYYMMDD

Description: A code indicating the event by which a defendant appeared before a judicial officer in the district court where a charge was pending
Format: A2

Description: A code indicating the type of legal counsel assigned to a defendant
Format: N2

Description: The title and section of the U.S. Code applicable to the offense committed which carried the highest severity
Format: A20

Description: A code indicating the level of offense associated with FTITLE1
Format: N2

Description: The four digit AO offense code associated with FTITLE1
Format: A4

Description: The four digit D2 offense code associated with FTITLE1
Format: A4

Description: A code indicating the severity associated with FTITLE1
Format: A3

Description: The title and section of the U.S. Code applicable to the offense committed which carried the second highest severity
Format: A20

Description: A code indicating the level of offense associated with FTITLE2
Format: N2

Description: The four digit AO offense code associated with FTITLE2
Format: A4

Description: The four digit D2 offense code associated with FTITLE2
Format: A4

Description: A code indicating the severity associated with FTITLE2
Format: A3

Description: The title and section of the U.S. Code applicable to the offense committed which carried the third highest severity
Format: A20

Description: A code indicating the level of offense associated with FTITLE3
Format: N2

Description: The four digit AO offense code associated with FTITLE3
Format: A4

Description: The four digit D2 offense code associated with FTITLE3
Format: A4

Description: A code indicating the severity associated with FTITLE3
Format: A3

Description: The title and section of the U.S. Code applicable to the offense committed which carried the fourth highest severity
Format: A20

Description: A code indicating the level of offense associated with FTITLE4
Format: N2

Description: The four digit AO offense code associated with FTITLE4
Format: A4

Description: The four digit D2 offense code associated with FTITLE4
Format: A4

Description: A code indicating the severity associated with FTITLE4
Format: A3

Description: The title and section of the U.S. Code applicable to the offense committed which carried the fifth highest severity
Format: A20

Description: A code indicating the level of offense associated with FTITLE5
Format: N2

Description: The four digit AO offense code associated with FTITLE5
Format: A4

Description: The four digit D2 offense code associated with FTITLE5
Format: A4

Description: A code indicating the severity associated with FTITLE5
Format: A3

Description: The FIPS code used to indicate the county or parish where an offense was committed
Format: A5

Description: The date of the last action taken on the record
Format: YYYYMMDD

Description: The date upon which judicial proceedings before the court concluded
Format: YYYYMMDD

Description: The date upon which the final sentence is recorded on the docket
Format: YYYYMMDD

Description: The date upon which the case was closed
Format: YYYYMMDD

Description: The total fine imposed at sentencing for all offenses of which the defendant was convicted and a fine was imposed
Format: N8

Description: A count of defendants filed including inter-district transfers
Format: N1

Description: A count of defendants filed excluding inter-district transfers
Format: N1

Description: A count of original proceedings commenced
Format: N1

Description: A count of defendants filed whose proceedings commenced by reopen, remand, appeal, or retrial
Format: N1

Description: A count of defendants terminated including interdistrict transfers
Format: N1

Description: A count of defendants terminated excluding interdistrict transfers
Format: N1

Description: A count of original proceedings terminated
Format: N1

Description: A count of defendants terminated whose proceedings commenced by reopen, remand, appeal, or retrial
Format: N1

Description: A count of defendants pending as of the last day of the period including long term fugitives
Format: N1

Description: A count of defendants pending as of the last day of the period excluding long term fugitives
Format: N1

Description: The source from which the data were loaded into the AOUSC’s NewSTATS database
Format: A10

Description: A sequential number indicating the iteration of the defendant record
Format: N2

Description: The date the record was loaded into the AOUSC’s NewSTATS database
Format: YYYYMMDD

Description: Statistical year ID label on data file obtained from the AOUSC which represents termination year
Format: YYYY

Data imported from FJC Integrated Database
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