AUGUSTA, GA: The owner of a Thomson, Ga., medical equipment company was sentenced to more than 10 years in federal prison Tuesday, July 30, for a wide-ranging Medicare fraud scheme.
Detra Wiley Pate, owner and CEO of Southern Respiratory LLC, of Thomson, Ga., was sentenced by U.S. District Court Chief Judge J. Randall Hall to 121 months in federal prison for multiple counts of health care fraud, conspiracy to commit health care fraud and aggravated identity theft, said Bobby L. Christine, U.S. Attorney for the Southern District of Georgia. She also was ordered to pay $950,000 in restitution, and must serve three years of supervised release after completion of her sentence. There is no parole in the federal system.
“Detra Wiley Pate had every opportunity to operate a successful, legitimate business serving the needs of the elderly and vulnerable in her community,” said U.S. Attorney Christine. “Instead, she got greedy and charged Medicare for expensive equipment patients neither needed nor received, using prescriptions doctors had not written. As an ironic result, she’ll grow old in prison while reflecting on her fraud.”
According to the information presented in court documents and testimony, from 2014-2016 Pate submitted thousands of false claims, fabricated patient files, and falsified prescriptions from doctors for items such as heavy-duty wheelchairs while providing much cheaper standard wheelchairs to patients – and pocketing the substantial difference in cost. Pate used the money she stole from Medicare through this fraud to pay for such things as jewelry, including a 1.5 carat diamond and a Rolex watch.
“The FBI and our federal law enforcement partners are determined to prosecute anyone who chooses to profit personally at the expense of those who count on federal healthcare programs for their deserved benefit and the taxpayers of this country,” said Chris Hacker, Special Agent in Charge of FBI Atlanta. “This sentencing is an example of that determination and our commitment to protect our citizens and uphold the Constitution.”
“Fraud schemes such as these divert taxpayer funds from vital federal healthcare programs to fraudsters – such as Detra Wiley Pate – who seek personal gain,” said Special Agent in Charge Derrick L. Jackson of the Office of Inspector General for the U.S. Department of Health and Human Services. “Our agents, working closely with our law enforcement partners, will continue to clamp down on such scams.”
The case was investigated by the FBI and by the U.S. Department of Health and Human Services Office of Inspector General.
Assistant U.S. Attorneys Patricia Rhodes and Thomas Clarkson led the prosecution for the United States with assistance from Litigation Technologist Dean Athanasopoulos.
AUGUSTA, Ga: A federal jury on Tuesday, Dec. 11, found the owner of a Thomson, Ga., medical equipment company guilty of multiple counts of Medicare fraud and identity theft in a scheme that charged the government insurance program for items that were never provided to patients and never ordered by a physician.
Detra Wiley Pate, owner and CEO of Southern Respiratory LLC, of Thomson, Ga., was found guilty on 33 counts, including health care fraud, conspiracy to commit health care fraud and aggravated identity theft for crimes dating back to 2014.
The jury deliberated less than five hours. A sentencing date before Chief Judge J. Randal Hall has not yet been set. Pate faces a sentence of up to 10 years for each count of the indictment, plus an additional sentence of at least two years on the eight charges of aggravated identity theft.
According to the indictment and evidence presented at trial, from 2014 through 2016, as part of the scheme, Pate submitted thousands of false claims, fabricated patient files, and falsified prescriptions from doctors for items such as heavy-duty wheelchairs while providing much cheaper standard wheelchairs to patients – and pocketing the substantial difference in cost. The evidence further showed that Pate used the money she stole from Medicare through this fraud to pay for jewelry, including a 1.5 carat diamond and a Rolex watch.
“Health care fraud, particularly that which targets the insurance system for elderly and vulnerable patients, is despicable,” said Southern District of Georgia U.S. Attorney Bobby L. Christine. “Clearly, the jury saw the depth to which such fraud can reach in finding overwhelming evidence of guilt in this case.”
“Those who choose to defraud Medicare are stealing from federal taxpayers and those who count on Medicare for healthcare needs,” said Chris Hacker, Special Agent in Charge of FBI Atlanta. “This conviction sends a strong message that the FBI and its federal law enforcement partners are committed to investigating and prosecuting those who, for personal profit, cheat citizens out of the services they deserve.”
“Criminals like Pate devise schemes they think will lead to boundless riches while sending the bills to taxpayers,” said Derrick L. Jackson, Special Agent in Charge for the Office of Inspector General of the U.S. Department of Health and Human Services. “Instead they face prison time and banishment from government health programs.”
Assistant U.S. Attorneys Patricia Rhodes and Thomas Clarkson led the prosecution for the United States.
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
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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
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Description: A unique number assigned to each defendant in a case which can be modified by the court
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Description: The date upon which a fugitive defendant was taken into custody
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Format: YYYYMMDD
Description: A code used to identify the nature of the proceeding
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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
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Description: A code indicating the severity associated with FTITLE1
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Description: The title and section of the U.S. Code applicable to the offense committed which carried the second highest severity
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Description: The four digit AO offense code associated with FTITLE2
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Description: The four digit D2 offense code associated with FTITLE2
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Description: A code indicating the severity associated with FTITLE2
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Description: The title and section of the U.S. Code applicable to the offense committed which carried the third highest severity
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Description: The four digit AO offense code associated with FTITLE3
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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
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Description: A code indicating the level of offense associated with FTITLE4
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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 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
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Description: A count of defendants filed including inter-district transfers
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Description: A count of defendants filed excluding inter-district transfers
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Description: A count of original proceedings commenced
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Description: A count of defendants filed whose proceedings commenced by reopen, remand, appeal, or retrial
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Description: A count of defendants terminated excluding interdistrict transfers
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Description: A count of original proceedings terminated
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Description: A count of defendants terminated whose proceedings commenced by reopen, remand, appeal, or retrial
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Format: N1
Description: A count of defendants pending as of the last day of the period excluding long term fugitives
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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