LOUISVILLE, Ky. - Acting United States Attorney John E. Kuhn, Jr., announced today that a physician charged with prescribing pain medications that resulted in the deaths of five patients, unlawful distribution or dispensing of controlled substances and health care fraud, now faces the additional charges of conspiracy, money laundering and an additional count of health care fraud.
Jaime Guerrero, age 47, formerly a medical physician with offices in Louisville, Kentucky, and Jeffersonville, Indiana, was charged by superseding indictment on June 16, 2015.
According to the superseding indictment, beginning no later than Nov. 1, 2009, and continuing through Jan. 1, 2013, Guerrero conspired with others to knowingly and intentionally distribute and dispense, schedule II and III controlled substances to patients, without a legitimate medical purpose and beyond the bounds of professional medical practice.
Further, beginning in December, 2009, and continuing through May 2014, Guerrero allegedly unlawfully prescribed and dispensed schedule II and schedule III pain medications to 30 patients, without a legitimate medical purpose and beyond the bounds of professional medical practice.
The superseding indictment further charges Guerrero with:
1. Dispensing Oxycodone, a schedule II controlled substance, to “K.J.", between June 6, 2011, through Aug. 25, 2011, without a legitimate medical purpose and beyond the bounds of professional medical practice, which resulted in “K.J.’s" death on or about Aug. 29, 2011.
2. Intentionally distributing and dispensing, Methadone, a schedule II controlled substance, to “D.N.", between Dec. 15, 2009, through April 1, 2010, without a legitimate medical purpose and beyond the bounds of professional medical practice, which resulted in “D.N.’s" death on or about April 5, 2011.
3. Knowingly and intentionally distributing and dispensing, Oxycodone, to “R.S.", between Dec. 10, 2009, through February 9, 2010, without a legitimate medical purpose and beyond the bounds of professional medical practice, which resulted in “R.S.’s" death on or about Feb. 18, 2010.
4. Dispensing Oxycodone, to “P.F." Dec. 28, 2009, and continuing through Feb. 20, 2012, without a legitimate medical purpose and beyond the bounds of professional medical practice, which resulted in “P.F.’s" death on or about March 3, 2012.
5. Knowingly and intentionally distributing and dispensing, Hydrocodone, a schedule III controlled substance, to “S.O.", between January 6, 2010, and continuing through Sept. 16, 2011, without a legitimate medical purpose and beyond the bounds of professional medical practice, which resulted in “S.O.’s" death on or about Sept. 24, 2011.
Guerrero is further charged with three counts of health care fraud for fraudulently billing various health care benefit programs and for submitting fraudulent claims for patient health care counseling. Specifically, on May 26, 2011, June 15, 2011, and June 22, 2011, Guerrero allegedly saw more than 100 patients on each of the dates, by himself, and spent approximately three minutes or less with each patient, and fraudulently billed various health care benefit programs, for office visits at a higher code than the service provided. And for directing a staff member, who was not a licensed counselor, to provide drug education classes to patients, and falsely and fraudulently, bill various health care benefit programs, by submitting claims for 15-30 minute counseling sessions while the defendant was out of the office. In addition, the superseding indictment charges Guerrero with falsely and fraudulently submitting over 100 claims to various health care benefit programs for office visits at a higher code than the service provided; for office visits that were not medically necessary or within the course of usual medical practice; submitting claims for services that were not sufficiently documented in the patient’s medical record; and making claims for office visits as though a physician saw the patient, when in fact, a nurse practitioner saw the patient.
The superseding indictment includes a money laundering charge. Guerrero is accused of (paying the taxes) a building located at 1201 West Wall Street in Jeffersonville, Indiana, with $89,556.25 in cash derived from unlawful activity - the unlawful dispensing and distribution of controlled substances and health care fraud.
If convicted at trial, Guerrero faces up to life in prison, a financial fine and a period of supervised release.
This case is being prosecuted by Assistant United States Attorneys Joseph Ansari and Lettricea Jefferson-Webb and is being investigated by the U.S. Drug Enforcement (DEA), the Federal Bureau of (FBI), the U.S. Department of Health and Human Services-Office of Inspector (HHS-OIG), Indiana and Kentucky Medicaid Fraud Control Units, and Louisville Metro Police (LMPD).
The indictment of a person by a Grand Jury is an accusation only and that person is presumed innocent until and unless proven guilty. -
