BIRMINGHAM—U.S. District Judge R. David
Proctor today sentenced the former director of the Alabama Organ Center to 13
months in prison for his role in a scheme to take kickbacks from a funeral home
that did business with the organ center, announced U.S. Attorney Joyce White
Vance and FBI Special Agent in Charge Patrick J. Maley.
Judge Proctor also ordered the
defendant, Demosthenes Lalisan, 45, to pay $489,551 in restitution to the
University of Alabama Health Services Foundation and to forfeit $242,344 to the
federal government as proceeds of illegal activity. The Alabama Organ Center is
a component of the Health Services Foundation and is the federally approved
organ procurement organization for the state of Alabama.
The judge ordered Lalisan to remain on
supervised release for three years after completing his prison sentence. As a
special condition of that release, if Lalisan seeks employment in any
occupation involving the rendering of health care services, he must inform the
prospective employer of his conviction and provide a copy of his plea
agreement.
Lalisan and his co-defendant, Richard
Alan Hicks, 40, pleaded guilty in November to one count each of conspiracy to
commit health care fraud, health care fraud, and mail fraud. Hicks’ sentencing
is scheduled June 5. Hicks is the former associate director of the Organ
Center. He and Lalisan will both be responsible for paying the restitution.
From about March 2007 until June 2011,
Lalisan solicited and received kickbacks totaling $242,344, and Hicks received
kickbacks totaling $256,207 from a local funeral home that did business with
the organ center, according to court documents. In exchange for the kickback
payments, Lalisan and Hicks promoted the funeral home and recommended its
hiring by the organ center for services paid for by the Health Services Foundation.
Neither Lalisan nor Hicks disclosed to the organ center or the foundation that
they were receiving payments from the funeral home. Both men falsely
represented to the foundation that neither of them had any financial conflicts
of interest from customers, suppliers, contractors or competitors, according to
court documents.
The investigation revealed no evidence
that indicated Lalisan’s and Hicks’s conduct endangered the public or donors or
recipients of organs or tissue.
This prosecution is part of President
Barack Obama’s Financial Fraud Enforcement Task Force. President Obama
established the interagency task force to wage an aggressive, coordinated, and
proactive effort to investigate and prosecute financial crimes. The task force
is working to improve efforts across the federal executive branch and, with
state and local partners, to investigate and prosecute significant financial
crimes, ensure just and effective punishment for those who perpetrate financial
crimes, combat discrimination in the lending and financial markets, and recover
proceeds for victims of financial crimes.
The FBI investigated the case. Assistant
U.S. Attorney Elizabeth A. Holt is prosecuting the case.
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