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BROWNSVILLE, Texas - A 49-year-old Brownsville man has been charged for his role in a scheme to defraud Medicaid by working with a suspended medical license, announced U.S. Attorney Jennifer Lowery.

Law enforcement took Fernando Mendez into custody this past weekend. He is expected to make his initial appearance before U.S. Magistrate Judge Ronald G. Morgan at 9:30 a.m. today.

According to the indictment, returned Aug. 26 and unsealed today, Mendez was a physician assistant at CCI Therapy Counseling Centers International.

On July 20, 2021, the Texas Medical Board allegedly ordered the immediate suspension of Mendez’s physician assistant license, deeming him to be a “continuing threat to public welfare.” He was then prohibited from practicing medicine, according to the charges.

However, Mendez allegedly continued to evaluate and treat patients at mental health clinics in Brownsville, Harlingen and Pharr and billed Medicaid for services he rendered during his suspension.

The indictment further alleges Mendez attempted to conceal his continued practice of medicine by using identities of other physicians and medical personnel. Specifically, Mendez allegedly created medical records under the identities of other physicians while they were traveling outside of the United States. The charges also allege Mendez submitted false statements to the Texas Medical Board in an effort to conceal his improper practice of medicine.

Mendez is charged with seven counts of health care fraud for which he faces up to 10 years in federal prison. If convicted of any of the four aggravated identity theft charges, he faces another two years which must be served consecutively to any other prison term imposed. All counts also carry as possible fine of up to $250,000.

The FBI, Department of Health and Human Services-Office of Inspector General, Texas Health and Human Services and Texas Attorney General’s Medicaid Fraud Control Unit, and Department of Homeland Security-Office of Inspector General conducted the investigation. Assistant U.S. Attorney Andrew Swartz is prosecuting the case.
 

Friday, July 29, 2022
     
The Department of Homeland Security (DHS), Office of Inspector General (OIG) launched a Whistleblower Protection Alternative Dispute Resolution (ADR) program.  The program is designed to resolve whistleblower retaliation complaints filed by DHS contractors, uniformed U.S. Coast Guard members, individuals alleging retaliatory security clearance actions, and other qualified complainants.  The ADR program provides complainants an alternative to the formal investigative process.  

“The federal government has a long history of promoting and using conflict resolution services to proactively address and resolve disputes.  We are thrilled to establish the DHS OIG ADR program to offer an additional path to efficiently and effectively resolve whistleblower complaints,” said Inspector General Joseph V. Cuffari.  

Modeled after the successful ADR program at U.S. Department of Defense, Office of Inspector General, Whistleblower Reprisal Investigations Directorate, the voluntary ADR process is facilitated by a DHS OIG mediator, who assists the parties in reaching a mutually agreeable resolution to the complaint through a mediation or facilitated negotiation.  

For more information about Whistleblower Protection, please visit our website:  www.oig.dhs.gov