MIAMI, FL – Robert Bergman, 65, of Miami, will spend the next 15 years in federal prison for his part in a brazen $200 million Medicare fraud scheme. The former physician assistant was sentenced today by U.S. District Judge Jose E. Martinez after a six-day trial concluded with a guilty verdict last July. Bergman was convicted of one count of conspiracy to commit health care fraud and wire fraud, and one count of conspiracy to make false statements relating to health care matters.
The scheme revolved around American Therapeutic Corporation (ATC), a now-disgraced mental health company headquartered in Miami. ATC operated purported partial hospitalization programs (PHPs) – intensive treatment for severe mental illness – at seven locations across South Florida and Orlando. But the treatment, according to evidence presented at trial, was a sham. Bergman and his co-conspirators fabricated and signed fraudulent medical documentation and patient files to justify billing Medicare for services never rendered.
The feds say ATC was billing for patients who were utterly ineligible for the intensive PHP treatment. We’re talking about individuals in neuro-vegetative states, those suffering from late-stage dementia with permanent cognitive memory loss, and even patients battling substance abuse who were essentially being forced to attend ATC by greedy assisted living facility and halfway house owners. These vulnerable individuals weren’t receiving legitimate care; they were pawns in a massive money grab.
U.S. Attorney Wifredo A. Ferrer of the Southern District of Florida, along with Assistant Attorney General Leslie R. Caldwell, and heads of the FBI’s Miami Field Office and HHS-OIG’s Florida region, announced the sentencing. Bergman isn’t the only one facing consequences. ATC, its associated management company, and over 20 individuals, including the company’s owners, have already pleaded guilty or been convicted. Bergman has been cooling his heels in federal custody since his conviction.
In addition to the 15-year prison sentence, Judge Martinez ordered Bergman to pay over $85.3 million in restitution, shared responsibility with his fellow fraudsters. This case is a prime example of the ongoing work of the Medicare Fraud Strike Force, which has charged nearly 1,900 defendants for a collective $6 billion in fraudulent billings since 2007. The government is clearly cracking down, but the sheer scale of the fraud suggests a long fight ahead.
The investigation was a joint effort by the FBI and HHS-OIG. Those looking for more information on the Health Care Fraud Prevention and Enforcement Team (HEAT) can visit www.stopmedicarefraud.gov. Court documents related to the case are available at http://www.usdoj.gov/usao/fls and http://www.flsd.uscourts.gov, as well as http://pacer.flsd.uscourts.gov.
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Key Facts
- State: Florida
- Agency: DOJ USAO
- Category: White Collar Crime
- Source: Official Source ↗
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