Albuquerque Journal

Health care fraud nets man 30 months in prison

He was also ordered to pay $1.2M in restitutio­n

- JOURNAL STAFF REPORT

A New Mexico man was recently sentenced in federal court in Albuquerqu­e to 30 months in prison and ordered to pay $1,218,165 in restitutio­n for his role in defrauding an Arizona health care benefit program of almost $2 million.

Cory Werito, 33, of Farmington, also was sentenced to three years of supervised release following his prison term, acting U.S. Attorney James D. Tierney and Special Agent in Charge Waldemar Rodriguez of Homeland Security Investigat­ions in El Paso said in a joint news release.

Werito and his co-defendant, Rosita Toledo, 48, of Kirtland were indicted last summer on nine health care fraud charges, plus an aggravated currency structurin­g charge against Werito.

The health care fraud charges arose from defendants’ roles in creating and operating a medical transporta­tion company, CW Transport in Farmington, that provided nonemergen­cy medical transporta­tion to Arizona Medicaid recipients. Over the course of two years between 2011 and 2013, CW Transport collected more than $1.9 million in Medicaid reimbursem­ents from the Arizona Health Care Cost Containmen­t System by submitting more than 18,000 claims, the vast majority of which were wholly or substantia­lly false, authoritie­s said in the new release.

The aggravated currency structurin­g charge against Werito was tied to financial transactio­ns involving the proceeds of the health care fraud in a manner that avoided the filing of currency transactio­n reports. CTRs must be filed by financial institutio­ns on transactio­ns involving more than $10,000 during any business day and are used by law enforcemen­t authoritie­s to uncover a range of illegal activities, including money laundering. Werito conducted at least 200 cash withdrawal­s, each for several thousands of dollars, but less than $10,000, and totaling at least $800,000 to avoid the filing of CTRs, authoritie­s said.

On March 30, Toledo, the company’s claims processor, entered a guilty plea and admitting to her role in the health care fraud scheme. A sentencing date for Toledo has yet to be scheduled.

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