Three Men Indicted in San Antonio on Charges Related to $14.5 Million Healthcare Fraud Scheme

SAN ANTONIO – A federal grand jury in San Antonio recently returned an indictment charging a group of three defendants with 22 counts related to healthcare fraud, identity theft and kickbacks.

According to court documents, Kuba Zarobkiewicz, 35, of San Antonio, and Anthony Fermin, 32, of Boca Raton, Florida, own various medical equipment companies and pharmacies involved in a scheme to defraud Medicare by paying kickbacks to telemarketing firms owned and operated by Farrukh Mirza, 39, of Richmond, Texas, in exchange for signed doctor’s orders issued for unnecessary hip, knee and back braces.

Zarobkiewicz, Fermin and Mirza were charged in December 2022 with one count of conspiracy to pay and receive health care kickbacks; one count of conspiracy to commit healthcare fraud; six counts of healthcare fraud; and six counts of aggravated identity theft and aiding and abetting.  Additionally, Zarobkiewicz and Fermin are charged with four counts of payment of illegal healthcare kickbacks, while Mirza is charged with four counts of receipt of illegal healthcare kickbacks.

All three defendants are currently released on bond while they await trial.  If convicted, they each face maximum penalty of five years in prison on the count of conspiracy to pay and receive healthcare kickbacks, 10 years in prison on the respective counts pertaining to healthcare fraud, plus a mandatory two-year consecutive sentence if convicted on the aggravated identity theft counts. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

U.S. Attorney Jaime Esparza of the Western District of Texas and Special Agent in Charge Oliver E. Rich Jr. of the FBI San Antonio Division made the announcement.

The FBI, Office of the Inspector General for the Department of Health and Human Services, and Medicaid Fraud Control Unit are investigating the case.

Assistant U.S. Attorney Justin Chung is prosecuting the case.

An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

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