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News

Release



For Release: May 29, 2008

U.S. Department of Justice



United States Attorney

Northern District of Ohio



William J. Edwards

Acting United States Attorney



Michael L. Collyer

Assistant U.S. Attorney

(216) 622-3744








William J. Edwards, Acting United States Attorney for the Northern District of Ohio, announced today the unsealing of four federal indictments charging seven individuals with various health care fraud-related offenses in connection with the transportation of Medicaid beneficiaries in vehicles called ambulettes.

The indictment charges with violations of laws involving mail fraud, wire fraud, health care fraud and conspiracy:

1. ROBERT SHUMAY, owner of Care Bear Transportation, 3615 Superior Avenue, #3104G, Cleveland, Ohio;

2. IVAN BOBAS, owner of Star Safety Transportation, 6216 Tall Oaks Drive, Mentor, Ohio;

3. ALEKSANDR ROTENBAKH, owner of Transit 7 Inc., 996 Professor Road, South Euclid, Ohio;

4. YEVGENIY ROTENBAKH, owner of Transit 7 Inc., 996 Professor Road, South Euclid, Ohio;

5. FATIMA WARE, owner of FW Transport, LLC, 7511 Indiana Avenue, Cleveland, Ohio, and Ware Care Transportation, LLC, 21291 Carol Avenue, Euclid, Ohio;

6. KENYATTA WARE, owner of Ware Care Transportation, LLC, 21291 Carol Avenue, Euclid, Ohio; and

7. ZSAMARA BOOKER, owner of Ware Care Transportation, LLC, 21291 Carol Avenue, Euclid, Ohio.

Robert Shumay is charged with six counts of wire fraud and nine counts of health care fraud. Ivan Bobas is charged with seven counts of mail fraud and nine counts of health care fraud. Aleksandr Rotenbakh is charged with one count of conspiracy, six counts of wire fraud, and ten counts of health care fraud. Yevgeniy Rotenbakh is charged with one count of conspiracy, six counts of wire fraud, and ten counts of health care fraud. Fatima Ware is charged with one count of conspiracy, ten counts of wire fraud, and fifteen counts of health care fraud. Kenyatta Ware is charged with one count of conspiracy, eight counts of wire fraud, and ten counts of health care fraud. Zsamara Booker is charged with one count of conspiracy, eight counts of wire fraud, and ten counts of health care fraud.

Ambulette services contract with the Ohio Medicaid program to transport patients in vehicles known as ambulettes. An ambulette is a specially equipped van designed for wheelchair passengers. Medicaid pays ambulette operators for driving Medicaid beneficiaries to and from Medicaid-covered appointments, so long as: (1) the patient rides in a wheelchair; (2) a medical doctor certifies the need for the wheelchair and ambulette; and (3) the ambulette itself otherwise meets safety specifications.

The defendants in each of these cases are charged with scheming to defraud Medicaid by charging Medicaid for rides of patients who did not use wheelchairs or require the need of wheelchairs.

If convicted, each defendant’s sentence will be determined by the Court after review of the Federal Sentencing Guidelines and factors unique to each case, including the defendant’s prior criminal record, if any, the defendant’s role in the offenses and the characteristics of the violations.

The indictment is the result of an investigation by the Federal Bureau of Investigation, Department of Health and Human Services - Office of Inspector General, and First Assistant Attorney General Thomas Winters’ Medicaid Fraud Control Unit of the Ohio Attorney General’s Office. The case is being prosecuted by Assistant U.S. Attorney Michael L. Collyer with assistance from Special Assistant U.S. Attorney Constance Nearhood, an Assistant Attorney General for the State of Ohio.

An indictments is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.