Hempstead Man and Girlfriend Charged with Bilking Medicaid of more than $90,000

Girlfriend, in the U.S. illegally, impersonates sister for personal aide position

MINEOLA, NY – Nassau County District Attorney Kathleen Rice announced today the arrest of a Hempstead man who was charged with stealing over $90,000 from the Medicaid program.

Rutledge T. Campbell, 52, and Elvia Barahona Guervara, 29, were both charged in a 43 count indictment with Grand Larceny in the Second Degree, Identity Theft in the First Degree, 39 counts of Criminal Possession of a Forged Instrument in the Second Degree, and two counts of Falsifying Business Records in the First Degree. A warrant has been issued for Barahona’s arrest. Both face up to 15 years in prison. Campbell was arraigned on the indictment and is due back in court August 21.

Rice said that between September 2003 and March 2006, Campbell and Barahona created a scheme whereby Barahona used her sister’s identity to work as personal aide to Campbell’s mother, a Medicaid recipient.  Barahona was ineligible for this position, however, because she was in the United States illegally.  At the beginning of the fraud, Campbell and Barahona were dating; they were married soon after.

Campbell’s mother participated in the Consumer Directed Personal Assistance Program (CDPAP). CDPAP recipients or their advocates can hire and train personal aides to assist with daily activities such as cooking, cleaning, and personal hygiene and then bill Medicaid for the aide’s services.  Campbell and Barahona went to the Long Island Center for Independent Living, Inc., a sanctioned entity that hires the personal aides and bills Medicaid. Campbell acted as his mother’s advocate, asked that Barahona be his mother’s personal aide, and assisted with the application process. Campbell also deposited into his bank account all but one of the paychecks sent to Barahona under the false identity. As a result of this scheme, Medicaid paid out $90,249 for the services.

“Fraud in all forms will be aggressively prosecuted by this office, and this case is no different,” Rice said. “Medicaid fraud hurts everyone, not just those victimized.”

Assistant District Attorney Edward Ferrity of the DA’s Medicaid Fraud Unit of the Government and Consumer Frauds Bureau is handling the case for the District Attorney’s Office. Andrea Quarantillo of the New York District Director of U.S. Citizenship and Immigrations Services, Department of Homeland Security and the Nassau County Department of Social Services also participated in this investigation.

The charges are merely accusations and the defendants are presumed innocent until and unless proven guilty.