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Date: 03-24-2022
Case Style:
Case Number: 1:21-cr-20463-JLK
Judge: James Lawrence King
Court: United States District Court for the Southern District of West Virginia (Miami-Dade County)
Plaintiff's Attorney: United States Attorney’s Office
Defendant's Attorney: Phil Reizenstein
Description: Miami, Florida criminal defense lawyer represented defendant charged with conspiracy to commit wire fraud and health care fraud in violation of 18:U.S.C.§1349.
Mark Alan Zager, 72, of Miami, conspired with Dennis Nobbe, a now-deceased chiropractor and owner of Dynamic Medical Services, located in Hialeah, Florida, to defraud Medicare, individual patients, and a financial services company. Zager opened a merchant account in his own name and allowed Nobbe to use the account in exchange for paying kickbacks and bribes to Zager. Through the account, Nobbe routinely applied for loans on patients’ behalf, purportedly for services that would be rendered months in the future but were not provided.
According to court filings and evidence presented during court proceedings, from November 2019 through July 2020, Zager and Nobbe submitted more than $193,000 in false and fraudulent loan applications to a financial services company, resulting in that company paying out approximately $165,000. Additionally, Zager allowed Nobbe to submit claims to Medicare through Zager’s National Provider Number in exchange for kickbacks and bribes. Between December 2019 and July 2020, Zager and Nobbe submitted approximately $19,000 in false and fraudulent claims to Medicare.
Zager pleaded guilty on June 1, 2021 to one count of conspiracy to commit wire fraud and one count of health care fraud. Nobbe was charged with several federal crimes by criminal complaint on July 23, 2020, but he passed away on September 14, 2020, after which the complaint was dismissed, and he accordingly remains presumed innocent.
Assistant Attorney General Kenneth A. Polite Jr. of the Justice Department’s Criminal Division; Assistant Director Luis Quesada of the FBI’s Criminal Investigative Division; Special Agent in Charge George L. Piro of the FBI’s Miami Field Office; and Special Agent in Charge Omar Pérez Aybar of the U.S. Department of Health and Human Services Office of the Inspector General (HHS-OIG) made the announcement.
The FBI’s Miami Field Office and HHS-OIG investigated the case.
Trial Attorney Patrick J. Queenan of the Criminal Division’s Fraud Section prosecuted the case. Assistant U.S. Attorney Sara Michele Klco forthe Southern District of Florida is handling the asset forfeiture aspects of this matter. The case was previously handled by Trial Attorney Sara M. Clingan of the Fraud Section.
Outcome: Defendant was found guilty.
03/24/2022 33 Minute Entry for proceedings held before Senior Judge James Lawrence King: Sentencing held on 3/24/2022 as to Mark Zager.. Court Reporter: Sharon Velazco, 305-523-5636 / Sharon_PellVelazco@flsd.uscourts.gov. (jw) (Entered: 03/24/2022)
Plaintiff's Experts:
Defendant's Experts:
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