PORTLAND — Convicted a month ago of defrauding the government out of Medicaid funds, a Portland woman has been ordered to pay back most of the purloined money.
In a ruling on Thursday, a federal judge ordered Dahabo Abdulle Osman, 59, to forfeit nearly $90,000 to the government.
In one criminal allegation, Osman was ordered to pay back $61,176.52 traceable to the conspiracy to steal from the health care system.
After her conviction, Osman argued that as a personal care assistant for her co-conspirator, she was only paid $39,696 and should not be responsible for the remainder.
“Osman is wrong,” U.S. District Court Judge D. Brock Hornby wrote in his decision. “In a conspiracy, a co-conspirator is liable to forfeit any foreseeable amounts handled by others, whether or not she actually possessed the money.”
The government is seeking an additional $34,168.50 from Osman, the result of her conviction for theft of Social Security income. She is also ordered to repay $9,278 for stealing from the program that provides food stamps, and more than $11,000 for defrauding Temporary Assistance for Needy Family benefits.
In her arguments, Osman requested that the portion of the forfeiture be reduced by $6,703 to reflect her acquittal on the charge of making a false statement in connection with the fraud.
According to court documents, she does not oppose forfeiture against her of more than $27,000 individually and more than $61,000 to be paid jointly with her co-defendant.
In his decision, Hornby encouraged the government to stop pursuing $6,703 in forfeiture that Osman has argued against paying.
“Given what I heard at trial, I have monumental doubt that Osman can pay any amount of the requested forfeitures,” Hornby wrote. “Therefore, I cannot imagine that the $6,703 deduction she requests has anything but academic interest to the government. Before I invest judicial time and energy in reviewing the record to determine this issue and assessing the significance of the Count 16 acquittal … I direct the government to notify the court by July 26, 2010, whether it presses the $6,703 forfeiture and if so, why.”
Osman and Ahmed Yusuf Guled, 75, of Auburn were found guilty after a nine-day jury trial in June in U.S. District Court in Portland.
Guled was convicted of 16 counts; Osman, 9.
Each was convicted of three counts that carry 10-year maximum prison sentences apiece. The remaining counts have maximum terms of five years apiece. Each of the counts carries a maximum fine of $250,000.
The couple was found guilty of conspiring to defraud the federal government and commit health care fraud offenses by obtaining Medicaid money in connection with MaineCare’s Home and Community-Based Care Program, also known as the Waiver Program.
Under this program, MaineCare members, who are assessed at a nursing home level of care, can choose to get personal care services and skilled nursing services at their homes instead of at a nursing home or similar institution.
Prosecutors introduced evidence at trial that showed Guled, with the help of his adopted sister, Osman, deceived nurse assessors contracted by the state into believing that he was eligible for care at a nursing home.
For that reason, Osman was paid wages as his personal care assistant. Those wages were reimbursed by Medicaid through three home health agencies. The evidence showed that the services weren’t medically necessary and that Osman didn’t provide all of the services billed by the home health agencies.
Guled and Osman also were convicted of health care fraud and Guled was convicted of four counts of making false statements in connection with a health care benefit program.
Both were convicted of making false statements to the Social Security Administration in connection with the review of their Supplemental Security Income and to housing officials with respect to public housing benefits. In addition, both were convicted of theft of government funds, including Social Security and federal welfare benefits. Guled also was found guilty of making false statements in connection with the welfare benefits.
Guled failed to disclose bank accounts and Osman failed to disclose the wages she was paid as a personal care assistant when the couple met with federal agency workers, prosecutors showed at trial.
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