Miami executives convicted in $34 million Medicare Advantage fraud targeting elderly

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Hayden O’Byrne United States Attorney for the Southern District of Florida | The Florida Bar

Miami executives convicted in $34 million Medicare Advantage fraud targeting elderly

Two healthcare executives were convicted by a federal jury in Miami on December 22, 2025, for their involvement in a scheme that led to approximately $34 million in false and fraudulent claims submitted to Medicare Advantage plans. The case centered on the provision of medically unnecessary durable medical equipment, such as back, knee, shoulder, and ankle braces.

Court records show that Michael Kochen, 42, and Sandro Herek, 56, targeted elderly Medicare Advantage beneficiaries through deceptive telemarketing. They pressured individuals into accepting medical equipment they did not need or want. Medicare Advantage plans paid out over $17 million based on these fraudulent claims.

U.S. Attorney Jason A. Reding Quiñones for the Southern District of Florida commented on the verdict: “This case was simple at its core. The defendants exploited trust and age, using pressure tactics and fake medical justifications to push unnecessary equipment onto elderly patients who deserved better. The jury saw through it. This verdict sends a clear message that schemes targeting seniors and abusing our healthcare system will be met with accountability and real consequences.”

Kochen owned multiple companies selling durable medical equipment supplies. Herek managed overseas call centers in countries such as Egypt that cold-called Medicare beneficiaries without any prior request for services. Call center staff repeatedly contacted beneficiaries—even after refusals—and used aggressive tactics to get them to accept braces regardless of actual need. Scripts falsely claimed there would be no cost to the recipients.

Evidence presented at trial showed physicians issued generic authorizations for braces based only on call recordings rather than individual assessments. In many cases, doctors did not communicate directly with patients; when they did speak with beneficiaries, calls were brief and lacked meaningful evaluation of necessity. Kochen also paid kickbacks to telemedicine companies in exchange for prescription orders needed to bill Medicare Advantage for unnecessary equipment.

The jury found Kochen guilty of one count of conspiracy to commit health care and wire fraud, six counts of health care fraud, one count of conspiracy related to kickbacks, and three counts involving payment of kickbacks. Herek was convicted of one count each of conspiracy to commit health care and wire fraud; health care fraud; conspiracy regarding kickbacks; and three counts involving receipt of kickbacks.

Both men face significant penalties: up to 20 years in prison for conspiracy convictions related to health care and wire fraud; up to 10 years per health care fraud conviction; five years for the kickback conspiracy conviction; and up to 10 years per substantive kickback-related conviction. Sentencing is set for March 25 before a federal district court judge who will consider U.S. Sentencing Guidelines among other factors.

The announcement was made by U.S. Attorney Reding Quiñones along with officials from the U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG) Miami Regional Office and the FBI Miami Field Office.

The investigation was conducted by HHS-OIG Miami and FBI Miami offices.

Prosecution is being handled by Assistant U.S. Attorneys Roger Cruz, David Turken, Robert F. Moore, with asset forfeiture overseen by Assistant U.S. Attorney Sandra Demici.

Information about related court documents can be found at www.flsd.uscourts.gov or via http://pacer.flsd.uscourts.gov under case number 24-cr-20078.