Probation for role in Podiatrist's scam

NewsBot · Apr 26, 2006

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From the Chicago Sun Times
Probation, restitution for man's role in scam

An 85-year-old man was ordered Tuesday to serve 5 years probation as his penalty for allowing his podiatrist to use his Medicare information and that of his niece to falsely bill the agency in return for a cut of the profits.

U.S. District Judge Ronald A. Guzman also ordered Charles Lobosco, of an unknown northwest suburb, to pay $130,415.07 in restitution, according to Assistant U.S. Atty. Jeffrey Cramer.

Cramer said the government was seeking that exact penalty for Lobosco rather than a term in prison because the defendant cooperated with federal authorities’ investigation and testified against his podiatrist, Dr. Ronald Mikos, during Mikos’ trial last year.

Lobosco pleaded guilty in 2002 to one count of health care fraud. He admitted in his plea agreement that he allowed Mikos to use his Medicare information and the number belonging to his niece to falsely bill Medicare for hundreds of services that were never performed. In return, Lobosco received a portion of the funds Medicare paid Mikos for the false bills.

Cramer said the restitution was the portion of funds Lobosco received for his role in the scheme.

A jury in May 2005 convicted Mikos of overbilling Medicare by millions of dollars and for fatally shooting a federal witness at point-blank range. Prosecutors said at trial that Mikos fatally shot Joyce Brannon, 54, in January 2002, days before she was slated to testify against him before a federal grand jury.

Brannon, a nurse who could barely walk due to disabilities developed from injuries suffered in a car crash and from work, went to Mikos to get her toenails clipped, but he billed Medicare for other procedures he never provided to her, according to prosecutors. Prosecutors argued at trial that Mikos asked Brannon to lie to the federal authorities about his overbilling scheme, but she refused.

Prosecutors said Mikos went to Brannon's basement apartment, which was at a church, and shot her six times.

In addition to the jury convicting Mikos, they recommended the podiatrist be sentenced to the death. Prosecutors said they intend to ask Guzman to follow the jury's recommendation during Mikos’ sentencing hearing on Thursday.
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