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Chiropractor On “Most Wanted” List Gets 2.5-Year Prison Sentence

Naturally, all fugitives from justice are wanted by law enforcement. But those who make the federal “Most Wanted” list are those who have committed some of the worst offenses in the nation. Dr. David Y. Kim is one of those people. The former chiropractor made the list thanks to his role in a $15 million Medicare fraud scheme in which he submitted claims for physical therapy services that either were not reimbursable or were not provided.

Kim was brought to justice one year ago.

As reported by the Central District of California branch of the United States Department of Justice, Kim was found in Vietnam in February 2019. In 2015, he had fled the United States for South Korea following an interview with federal law enforcement agents. He was later placed on the U.S. Department of Health and Human Services, Office of Inspector General (HHS-OIG) “Most Wanted” list of fugitives.

Apprehended by FBI agents in Ho Chi Minh City following an Interpol Red Notice, Kim was flown back to the United States and placed in federal custody. In September 2019, the 57 year-old pleaded guilty to one count of health care fraud and one count of receiving illegal kickbacks in exchange for Medicare referrals. A former resident of the Arlington Heights district of Los Angeles, Kim was sentenced to 30 months in prison, this past Tuesday.

Kim was also ordered to pay $690,519 in restitution to Medicare.

“According to his plea agreement, between March 2012 and January 2014, Kim owned and operated New Hope Clinic, a Koreatown-based sole proprietorship where he caused fraudulent claims to be submitted to Medicare for physical therapy services that were not provided to patients,” reports the DoJ.

Kim received about 55 percent of the illegal Medicare proceeds. Medicare paid out $690,519 based on Kim’s fraudulent claims and he personally received $379,785 of that amount. As part of his scheme, Kim referred Medicare beneficiaries to a business owned by Joseff Sales and Daniel Goyena, both of Buena Park, California.

The duo owned and operated several companies involved in the scheme and, together, paid Kim for his referrals. Along with another co-conspirator in Marlon Songco, they hired licensed physical therapists to occasionally supervise Kim’s unlicensed New Hope staff. The members of the staff performed services such as massage therapy and acupuncture which were not reimbursable under Medicare guidelines.

Kim knew Medicare would not cover such services.

In addition, his staff members were not licensed to provide physical therapy. “Kim and his co-conspirators then caused fraudulent claims for physical therapy to be submitted to Medicare,” says the DoJ report, “Sales, Goyena and Songco each pleaded guilty to federal criminal charges in this matter and were given prison sentences. Sales and Goyena were held jointly liable for $7,896,007 in restitution.”

Are you an attorney who is currently trying a health care fraud case?

Contact Allegiant Experts to find out how our clinical expertise may help your case. Our experts have been providing expert clinical services for nearly two decades and can help your team by bridging the disciplines of medicine, coding and billing to ensure accurate payment and data is achieved. Please don’t hesitate to give us a call at 407-217-5831 or email us at info@allegiantexperts.com.

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