TRENTON, N.J. – The former co-owner of a Union City, New
Jersey, pharmacy today admitted his role in a scheme to pay bribes to health
care professionals and evading taxes on $33.9 million in income, U.S. Attorney
Craig Carpenito announced.
Igor Fleyshmakher, 58, of Holmdel, New Jersey, pleaded
guilty before U.S. District Judge Michael A. Shipp in Trenton federal court to
an information charging him with conspiring to violate the federal
anti-kickback statute and tax evasion.
The information alleges that he conspired to violate the
anti-kickback statute with seven other individuals, including the following
individuals who have been previously charged by superseding indictment or
information: Samuel “Sam” Khaimov of Glen Head, New York; Ruben Sevumyants of
Marlboro, New Jersey; Alex Fleyshmakher of Morganville, New Jersey; and Eduard
“Eddy” Shtindler of Paramus, New Jersey. Shtindler has previously pleaded
guilty for his role in a related kickback conspiracy and is pending sentencing.
“Kickback schemes like this not only illegally enrich
defendants like Fleyshmakher, they take needed resources from our health care
system,” U.S. Attorney Carpenito said. “And after stealing millions of dollars
in this way, the defendant stole again, by failing to report this income or pay
taxes on it. His guilty plea today will make sure he is held to account for his
crimes.”
“This fraudster was part of a kickback scheme that not only
tilted the scales toward Prime Aid Pharmacies, but diverted precious federal
dollars so he could enrich himself while ripping off the government,”
FBI-Newark Special Agent in Charge Gregory W. Ehrie said. “If you are an
investor or medical professional participating in a fraud scheme for an
ill-gotten gain, you should ask yourself if it's worth the price you will pay.
The FBI is searching for schemes like this and if you participate, you will be
caught.”
“Bribing doctors to line your own pockets and using secret
accounts to evade taxes are both very serious offenses motivated by one thing:
greed,” John R. Tafur, Special Agent in Charge, IRS Criminal Investigation,
Newark Field Office, said. “Today’s guilty plea should send a strong deterrent
message to anyone else thinking about participating in this type of illegal activity.
If you decide to roll the dice, IRS Criminal Investigation along with our law
enforcement partners will find you.”
“Fleyshmakher, with his previously indicted co-conspirators,
bribed doctors to illegally increase profits and enrich themselves,” Scott J.
Lampert, Special Agent in Charge for the Office of Inspector General of the
U.S. Department of Health and Human Services, said. “Working with our state and
federal law enforcement partners, we will continue to hold accountable anyone
who attempts to defraud government healthcare insurance programs.”
According to documents filed in this case:
The Prime Aid Pharmacies – now closed – operated as
“specialty pharmacies” out of locations in Union City, New Jersey, and Bronx,
New York. They processed expensive medications used to treat various
conditions, including Hepatitis C, Crohn’s disease, and rheumatoid arthritis.
Igor Fleyshmakher was a co-owner of Prime Aid Union City. Khaimov was the other
co-owner of Prime Aid Union City and the lead pharmacist of Prime Aid Bronx.
Sevumyants was Prime Aid Union City’s operations manager, and Alex Fleyshmakher
worked at Prime Aid Union City and was an owner of Prime Aid Bronx. Shtindler
was a Prime Aid Union City employee.
Staring in 2010, in order to obtain a higher volume of
prescriptions, Igor Fleyshmakher, Khaimov, Sevumyants, Alex Fleyshmakher,
Shtindler, and other Prime Aid employees paid bribes to doctors and doctors’
employees to induce doctors’ office to steer prescriptions to the Prime Aid
Pharmacies. The bribes included expensive meals, designer bags, and payments by
cash, check, and wire transfers. The bribes and kickbacks were paid to, among
others, doctors and doctors’ employees in New Jersey and New York.
As part of his plea agreement, Igor Fleyshmakher agreed that
the improper benefit conferred as part of the conspiracy to violate the federal
anti-kickback statute was between $3.5 million and $9.5 million.
In addition, between 2012 and 2014, Igor Fleyshmakher
diverted a substantial amount of Prime Aid Union City income into a secret bank
account that he opened and controlled. He concealed the account from the
pharmacy’s tax preparers and did not report any of the funds he deposited into
it on his personal income tax returns. In total, he diverted $33.9 million of
income into the secret account, all of which he failed to report to the IRS. As
a co-owner of the pharmacy, his conduct resulted in a $5.8 million tax loss to
the IRS on his share of that income for tax years 2012 through 2014.
The conspiracy and tax evasion charges to which Igor
Fleyshmakher pleaded guilty each carry a maximum penalty of five years in
prison and a fine of up to $250,000. Sentencing is scheduled for June 22, 2020.
U.S. Attorney Carpenito credited special agents of the FBI,
under the direction of Special Agent in Charge Gregory W. Ehrie in Newark;
special agents of IRS-Criminal Investigation, under the direction of Special
Agent in Charge John R. Tafur; special agents of the Department of Health and
Human Services-Office of Inspector General, under the direction of Special
Agent in Charge Scott J. Lampert; and the N.J. Office of the State Comptroller,
under the direction of Comptroller Kevin Walsh, with the ongoing investigation
leading to today’s guilty plea.
The government is represented by Assistant U.S. Attorney
Joshua L. Haber of the Health Care Fraud Unit of the U.S. Attorney’s Office in
Newark.
The charges against and allegations in the information
pertaining to Khaimov, Sevumyants, and Alex Fleyshmakher are merely
accusations, and those three defendants are presumed innocent unless and until
proven guilty.
Defense counsel: Eric M. Creizman Esq. and Melisa Madrigal
Esq., New York
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