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James O’Connor, Making and Using False Documents, Iowa 2024

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Defendant Admits to Providing False Documents in Medicare Investigation

James O’Connor, 64, of West Des Moines, Iowa, has been convicted of making and using false documents in a Medicare investigation. O’Connor, the owner of O’Connor Medical Supply, Inc. in Clive, pleaded guilty to one count of Making and Using False Documents, in violation of 18 U.S.C. § 1001(a)(3).

According to the plea agreement, O’Connor provided a false document to the United States Attorney’s Office in response to a Civil Investigative Demand. The document, a Letter of Medical Necessity, was intended to conceal the fact that O’Connor had previously submitted a claim to Medicare for a more complex and expensive orthotic device than what he actually provided to a Medicare beneficiary.

O’Connor admitted to causing nearly $350,000 in loss as part of the scheme. He also agreed to pay $898,523.08 to resolve the civil allegations against him. Additionally, he will pay $51,476.92 in fees to the relator’s law firm and $224,630.77 (25% of the recovery) to the whistleblower.

Acting United States Attorney Sean R. Berry stated, “This result shows that our office will use every available tool to ensure Medicare and Medicaid beneficiaries receive the care to which they are entitled and government funds are well spent.”

Steve Hanson, Special Agent in Charge, United States Department of Health and Human Services, Office of Inspector General, Kansas City Region, added, “In order to protect our Medicare and Medicaid programs from unscrupulous health care providers, our office will continue to work with our law enforcement partners to pursue those who overbill our programs for services they did not provide to our beneficiaries.”

O’Connor faces a possible maximum sentence of 5 years’ imprisonment, a fine equal to the greater of twice the gross gain to defendant resulting from the offense, twice the gross loss resulting from the offense, or $250,000, a $100 special assessment, and 3 years of supervised release following any imprisonment.

Sentencing before United States District Court Judge Linda R. Reade will be set after a presentence report is prepared. O’Connor remains free on bond previously set.

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