Nurse Practitioner Sentenced To Over Six Years In Prison For Unlawful Dispensing of Opioids And Health Care Fraud

LAS VEGAS, Nev. – A nurse practitioner was sentenced today to 78 months in federal prison followed by three years of supervised release and ordered to pay restitution in the amount of $3,749,121.29 for unlawfully dispensing prescription opioids and Medicare and Medicaid fraud, announced United States Attorney Nicholas A. Trutanich for the District of Nevada, Special Agent in Charge Aaron C. Rouse for the FBI’s Las Vegas Division, and Special Agent in Charge Christian J. Schrank for the Office of Inspector General of the U.S. Department of Health and Human Services, Los Angeles Region.

Alejandro “Alex” Incera, aka Alexander Jiminez-Incera, an Advance Practice Registered Nurse, 48, of Las Vegas, previously pleaded guilty to eight counts of distribution of controlled substance and eight counts of health care fraud. United States District Judge James Mahan presided over the sentencing hearing.

From January 2018 to about May 2018, Incera had an agreement with co-defendants Robert D. Harvey, a surgical technician, and Dr. Horace P. Guerra to distribute Hydrocodone and Oxycodone to patients without a legitimate medical purpose in exchange for cash payments. Incera wrote illegal opioid prescriptions on prescriptions with his name and DEA number for patients without a medical purpose.

Furthermore, between July 2016 to about December 2017, Incera defrauded Medicare and Medicaid by writing Lidocaine, Modafinil, and Diclofenac Sodium prescriptions to patients without a legitimate medical purpose and at times without having examined the patient at all. These prescriptions were filled and processed by Atlas Pharmacy who paid Incera approximately $30,000 in exchange for patient referrals. The Medicare and Medicaid programs were defrauded out of approximately $3.7 million.

Dr. Guerra was sentenced to 12 months in federal prison, Harvey was sentenced to six months in federal prison, and both face three years of supervised release following incarceration. Co-defendant Leslie Kalyn, aka Leslie Feth, a Doctor of Nursing, was also charged for her alleged role in the opioid distribution conspiracy. A jury trial is scheduled on September 23, 2019.

The case was investigated by the FBI, the Office of Inspector General of the U.S. Department of Health and Human Services, and the Nevada Attorney General’s Office Medicaid Fraud Control Unit. Assistant United States Attorney Nadia Ahmed and Assistant Chief Kilby MacFadden from the Department of Justice Fraud Section prosecuted the case.

The District of Nevada was selected as one of 12 districts nationally to participate in the Opioid Fraud and Abuse Detection Unit, a program that utilizes data to help combat the devastating opioid crisis. The District of Nevada has assigned prosecutors that focus on investigating and prosecuting health care fraud related to medical professionals who prescribe opioids, that unlawfully divert of dispense prescription opioids for illegitimate purposes.