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Mark Willner and Alberto Ayala, Medicare Fraud, Florida 2022

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Two Miami-Area Doctors Sentenced to 10 Years in Prison for Participating in $205 Million Medicare Fraud Scheme

Miami, Florida – In a shocking revelation, two Miami-area doctors, Mark Willner and Alberto Ayala, were sentenced to 10 years in prison for participating in a $205 million Medicare fraud scheme.

A federal jury in the Southern District of Florida found Willner, 56, and Ayala, 68, each guilty of one count of conspiracy to commit health care fraud on June 1, 2012.

The scheme involved the submission of false and fraudulent claims to Medicare through American Therapeutic Corporation (ATC), a Florida corporation headquartered in Miami that operated purported partial hospitalization programs (PHPs) in seven different locations throughout South Florida and Orlando.

Evidence at trial demonstrated that the defendants and their co-conspirators caused the submission of false and fraudulent claims to Medicare, resulting in over $100 million in PHP treatment for ineligible patients. The defendants also used a related company, American Sleep Institute (ASI), to submit fraudulent Medicare claims.

The scheme involved paying kickbacks to assisted living facility owners and halfway house owners who would then steer patients to ATC. The patients attended ATC, where they were ineligible for the treatment ATC billed to Medicare and where they did not receive the treatment that was billed to Medicare.

Willner and Ayala were ordered to pay more than $57 million and $87 million in restitution, respectively, both jointly and severally with their co-defendants. They were also sentenced to three years of supervised release following their prison terms.

Other defendants involved in the scheme, including Lawrence Duran, Marianella Valera, Judith Negron, and Margarita Acevedo, received sentences ranging from 91 months to 50 years in prison for their roles in the fraud scheme.

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