Filing # 169321620 E-Filed 03/22/2023 07:22:34 AM

IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT

IN AND FOR ORANGE COUNTY

STATE OF FLORIDA,
OFFICE OF THE ATTORNEY GENERAL,
DEPARTMENT OF LEGAL AFFAIRS,

Plaintiff, CASE NO.:

VS.

ALEIDA CABRERA and CARLOS

CABRERA,

Defendants

PLAINTIFF'S EMERGENCY EX PARTE MOTION FOR INJUNCTIVE RELIEF

COMES NOW, Plaintiff, STATE OF FLORIDA, OFFICE OF THE ATTORNEY

GENERAL, and DEPARTMENT OF LEGAL AFFAIRS ("Plaintiff'), sues Defendants, ALEIDA

CABRERA and CARLOS CABRERA, collectively referred to herein as "Defendants", pursuant

to Florida Racketeer Influence and Corruption Organization (RICO) Florida Statute §895.05, and

alleges:

STATEMENT OF FACTS

THE DEFENDANTS COMMITTED FRAUD IN VIOLATION OF FLORIDA

STATUTE §409.920(2)(a)(1)

1. On March 8, 2022, the Agency for Health Care Administration Medicaid Program Integrity

Unit (AHCA MPI) received an anonymous complaint regarding Angels on Earth PPEC

located at 12200 Menta Street, Suite 105, Orlando, FL. The complainant alleged Angels

on Earth was overbilling, possibly submitting fraudulent claims and that Carlos Cabrera

paid a
recipient's parent to have their children re-enroll at Angels on Earth.
2. Angels on Earth PPEC is a Pediatric Extended care center for children in need. They

provide pediatric daycare skilled nursing services for special needs children in Central

Florida and the surrounding area Monday through Saturday from 7:00am-7:00pm. They

also operate on most holidays. Care includes developmental therapies, skilled nursing,

physical therapy, speech therapy, occupational therapy, and medical transport. They have

four locations throughout Florida, including Orlando, Melbourne, Haines City and

Lakeland. The Orlando location is licensed for sixty (60) beds.

3. Defendant CARLOS CABRERA, is the Administrator of Angels on Earth PPEC. As

administrator he is responsible for the monthly billing, verifying services and submitting

claims to Medicaid. He is responsible for billing all Angels on Earth locations. On the

Angels on Earthy profile on floridahealthfinder.gov, he is listed as a Board Member/Officer

with 0% ownership.

4. Defendant CARLOS CABRERA was never disclosed as an Administrator and Board

Member on the Medicaid Provider Enrollment Application.

5. Defendant ALEIDA CABRERA, is listed as one of the owners, President and Registered

Agent for the for Profit Corporation.

6. Co-conspirators include Julia Erbiti, Aleida's mother, and listed as Vice President of the

Corporation. Maria Delgado, also a Vice President of the Corporation and Arielle Cabrera,

daughter of Carlos and Aleida Carrera, is the Financial Officer/Assistant Administrator.

7. Angels on Earth PPEC Medical Director, Dr. Reimon, who resides in Miami, but

periodically travels to Orlando to perform any required medical functions.

8. When providers are enrolled in Florida they are assigned a unique 9-digit

number that identifies the provider to Medicaid. The Medicaid provider ID number is

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 assigned to the individual or entity that signed the agreement and cannot be transferred to

or used by another other individual or entity. Aleida Carrera signed the Florida

enrollment application as President of Angels on Earth PPEC on January 16, 2019. Angels

on Earth PPEC was approved as a Medicaid provider on February 15, 2019, and assigned

Medicaid Provider 1/ 600. Aleida Cabrera, Julia Erbiti, and Maria Delgado were all

listed as owners of Angels PPEC, Inc.

9. Each applicant must sign a Medicaid Provider Agreement that affirms that the

applicant will comply with all laws and rules governing the delivery and reimbursement of

services or goods to Medicaid recipients. The applicant is responsible for its employees'

maintaining compliance with the terms of the agreement. The provider must maintain

compliance with the terms of the agreement and be responsible for timely renewal of the

agreement.

10. Medicaid providers submit claims for reimbursement via the FMMIS (Florida Materials

Management Information System) Florida Medicaid portal using the username and

password created when establishing an account. All appropriate information is

documented regarding each claim submitted for reimbursement to include Medicaid

recipient identification number, provider number, number of units billed and procedure

code for services rendered.

11. As an enrolled Medicaid provider, Angels on Earth PPEC is required to designate and

identify and Electronic Funds Transfer (EFT) account. Regions was

designated as the EFT account on January 8, 2019. That EFT account was canceled on

November 3, 2021, Centerstate Bank of Florida, N.A. now known as SouthState Bank,

N.A. was designated as the EFT account on November 3, 2021.

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12. In May of 2022 the AHCA MPI investigated and reviewed five recipientsrecords during

the period of January 1, 2022 to May 19, 2022 as well as 10 days of Facility Sign-in/Daily

Census Reports for those recipients.

13. A full accounting of the circumstances surrounding Angel on Earth, which owned and/or

operated by the Defendants is included within the Affidavit attached hereto as Exhibit "A"

14. Documents reviewed reveals disparities with the Daily Census report not matching claims

submitted to Medicaid for reimbursement. There were discrepancies with recipients billed

for full days of service when a full day of PPEC services was not reflected in the Daily

Census Report. There were also instances where recipients were clearly marked absent on

dates of service in the logs but still billed for those days not in attendance.

15. A review of claims data revealed that after the site visit over 1,000 claims had been adjusted

or voided and new claims submitted. Many of the original claims that were adjusted

included dates of service where the recipient was not present at the Angels on Earth PPEC

facility.

16. Based on the findings by AHCA MPI it was determined that the Fraud Control

Unit (MFCU) with the Florida Office of the Attorney General had jurisdiction under F.S.

§409.920(2)(a) to conduct a criminal investigation. On August 31, 2022, members of the

Orlando MFCU conducted a facility visit at Angels on Earth PPEC in Orlando, Florida.

17. The premises is divided between the spaces where recipients receive services and the

administrative suite where business records are kept. In the administrative suite, there were

approximately ten workstations along the wall with employees working on laptops and

appeared to be conducting business on behalf of Angels on Earth PPEC.

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18. CARLOS CABRERA provided Daily Census Reports/Sign-in Logs and transportation

logs for services provided to Medicaid recipients from July 1, 2021, to December 31, 2021.

19. When comparing the Daily Census Report to billing/claims data provided by Carlos

Cabrera, the Daily Census Report clearly shows the Medicaid recipients name, time in and

time out of the facility, and signature of caregiver or family member.

20. If a Medicaid recipient does not attend on a particular day, they are marked as "Absent",

or the line is left blank on the Daily Census Report. A claim was determined to be

fraudulent when the Daily Census Report indicated the recipient was absent, but the claims

data indicated the recipient was billed as having received services for that day (i.e. billed

for services not rendered).

21. A Decision Support System (DSS) claims data revealed that Angels on Earth PPEC was

reimbursed $2,961,972.98 for claims submitted to Medicaid from July 1, 2021 to

December 31, 2021. There was a total of 156 days that services could have been provided

by Angels on Earth between July 1, 2021-December 31, 2021, this included 25 Saturdays.

Sundays and Christmas day were excluded as Angels on Earth was not open.

22. All claims submitted for Saturdays were compared to the Angels on Earth Daily Census

Reports for each Saturday in the period. On average, 23 Medicaid recipients attended on

the Saturday dates of service. Claims were submitted for an average of 74 Medicaid

recipients on the Saturday dates of service. 1,854 claims were submitted for Saturdays for

a total billed of $417,125.33. Of those, Angels on Earth PPEC fraudulently billed for 1,286

claims, a total of $289,226.21, which amounts to approximately 69.4% of Saturday claims.

23. A further analysis of the top ten Medicaid recipients billed for services by Angels on Earth

for the period July 1, 2021, to December 31, 2021, was conducted by comparing

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 billing/claims data to the Daily Census Report. Claims were submitted for Medicaid

recipients on numerous days in which the recipient(s) was marked on the Daily Census

Report as absent. The total paid amount for absent days excluding the Saturday analysis

was an additional $133,126.60 of fraudulent billing.

a. Medicaid recipient B.R. was billed for 151 days at the facility but was marked
absent on 147 days.
b. Medicaid recipient Q.F. was billed for 154 days at the facility but was marked
absent on 139 days.
c. Medicaid recipient E.C. was billed for 142 days at the facility but was marked
absent on 53 days.
d. Medicaid recipient T.H. was billed for 149 days at the facility but was marked
absent on 53 days.
e. Medicaid recipient N.I.B. was billed for 156 days at the facility but was marked
absent on 104 days.
f. Medicaid recipient M.G. was billed for 69 days at the facility but was marked
absent on 28 days.
g. Medicaid recipient L.J. was billed for 130 days at the facility but was marked absent
on 52 days.
h. Medicaid recipient J.W. was billed for 125 days at the facility but was marked
absent on 38 days.
i. Medicaid recipient K.V. was billed for 147 days at the facility but was marked
absent on 44 days.

24. Additional analysis of Medicaid recipient data and the Angels on Earth Daily Census

Reports showed that up to 34% of the claims submitted for reimbursement were for claims

where services were not rendered, i.e. the child/Medicaid recipient was marked absent on

the claim's date of service. If the data is extrapolated and applied to the total amount billed

for the period, the estimated potential fraud is over $1 million.

QM
25. was billed for services provided to Q.F. King for 154 days during that six-month

period. The Angels on Earth Daily Census Report showed Q.F. was absent on 139 days.

Angels on Earth was reimbursed $31,370.19 for services that were not provided.

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26. Angela King, mother of Q.F. provided a sworn recorded statement on September 22, 2022

stating that Q.F. attended Angels on Earth sometime from 2017-2018 until March 2022.

Sometimes Q.F. received transportation from Angels on Earth and other times King would

take him to the facility. King would usually sign when he was picked up or she would sign

him in at the facility if she dropped him off. Q.F. did miss a lot of days during COVID.

King believed the claims sheet showing the days attended and the days marked as absent

to be accurate.

27. A DSS claims query also revealed that Angels on Earth submitted claims for transportation

services provided to Q.F. for 156 days during the six-month period. Q.F. was marked

absent on 139 days on the Angels on Earth Daily Census Report. Angels on Earth was

reimbursed $7,839.60 for transportation services that were not provided to Q.F.

T.H.

28. DSS claims revealed Angels on Earth fraudulently billed for services not rendered 53 dates

of services even though the Daily Census Report maintained by Angels on Earth

documented T.H. as absent on those dates. Angels on Earth was reimbursed $11,961.57 for

services that were not provided to T.H.

29. Tamyra Burnham, mother of T.H. provided a sworn recorded statement on September 22,

2022 confirming that T.H. attended Angels on Earth since 2019, but recently transferred to

Learning Tree PPEC due to various issues at Angels on Earth. Tamyra Burnham, believes

the care provided to T.H. suffered due to the growth of the company. T.H. never attended

Angels on Earth on Saturday in 2021 and 2022. T.H. was scheduled for five day/week, but

rarely attended every day due to hospital visits. T.H. did not receive services at Angels on

Earth on December 24, 2021, despite being billed.

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30. A subsequent check of DSS claims for Medicaid recipient T.H. revealed Angels on Earth

submitted fraudulent claims while T.H. was hospitalized on the following dates: July 12-

July 17, 2022, July 19-July 22, 2021, and August 23- August 24, 2022. Angels on Earth

was reimbursed for $451.38 on those dates of services.

31. After leaving Angels on Earth, Burnham posted pictures of T.H. at the Learning Tree.

Burnham received a phone call from Carlos Cabrera, who bribed Burnham to return to

Angels on Earth by paying Burnham through Cash App, check and cash, $3,000-$4,000.

Burnham was paid $1,000 on March 4, 2022, $1,000 on April 27, 2022, and $500 on June

28, 2022. T.H. came home one day with $2,000 cash in his backpack because a check

believed to be written by Cabrera had bounced. The payments received via Cash App

were noted as "marketing." Burnham was aware other parents were receiving bribes or

kickbacks to keep their children enrolled at Angels on Earth.

32. Burnham communicated with Carlos Cabrera via phone calls and text messages when she

had issues with the care provided. Burnham identified Carlos Cabrera's phone number as

6411.

33. Documents and account information from Cash App revealed that Cash Tag

AngelsonEarthPPEC is a Cash App account registered in the name of Aleida D. Cabrera

and is linked to a SouthState Bank account in the name of Aleida and Carlos

Cabrera/Angels on Earth PPEC.

34. The CashApp shows payments were paid out on March 4, 2022, April 27, 2022, and June

28, 2022. These payments are consistent with the information provided by Burnham.

B.R.

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35. DSS claims revealed Angels on Earth fraudulently billed for services not rendered on 147

days of services even though the Daily Census Report maintained by Angels on Earth

documented B. R. as absent on those dates. Angels on Earth was reimbursed $32,871.43

for services that were not provided to B.R.

36. Sonia Rivera, mother of Medicaid recipient B.R. and provided a sworn recorded statement.

Sonia Rivera reviewed the claims sheet and the days attended and the days marked absent.

Sonia Rivera stated that B.R. started at Angels on Earth sometime before COVID, about

March 2020.

37. B.R. was in the 6th grade and is now in the 9th grade. B.R. stopped attending due to the

excessive commotion at the facility and there were no other children her age. B.R. received

transportation from Angels on Earth and would be picked up at approximately 11AM and

dropped off at 4PM. She arranged to be on the set transportation schedule with Carlos

Cabrera or Armando Erbiti.

38. B.R. went to Angels on Earth 3-4 times per week, usually every other day. B.R. never

attended Angels on Earth on Saturdays or around holidays. B.R. went to Angels on Earth

a couple of times in December 2021, but Rivera could not recall the exact dates.

39. Angels on Earth continued to provide transportation services for B.R. to her middle school

and to doctor's appointments even though she was no longer enrolled at the facility.

40. A subsequent check of DSS claims for Medicaid recipient B.R. revealed Angels on Earth

continued to submit transportation claims after B.R. was discharged from the facility.

41. When asked how she learned about Angels on Earth, Rivera explained that Carlos Cabrera

knocked on her door one day after seeing B.R. exit the school bus in a wheelchair. Cabrera

explained the services offered by Angels on Earth and encouraged Rivera to enroll B.R.

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 N T 11

42. DSS claims revealed Angels on Earth fraudulently billed for services not rendered to N.I.B.

on 104 dates of services even though the Daily Census Report maintained by Angels on

Earth documented N.I.B. absent on those dates. Angels on Earth was reimbursed

$35,207.64 for services that were not provided to N.I.B.

43. Jacqueline Rivera, mother of N.I.B. provided a sworn recorded statement on September

23, 2022. Rivera reviewed the claims sheet showing the days attended and the days marked

absent. N.I.B. is still enrolled in Angels on Earth. During the summer months, N.I.B.

attended Angels on Earth about six days/week. N.I.B. did not attend during the school

year. In 2020 and 2021 N.I.B. was in school and did not attend Angels on Earth on

weekdays. Rivera communicated with Carlos Cabrera via phone and identified his number

as -6411.

E.C.

44. DSS claims revealed Angels on Earth fraudulently billed for services not rendered on 53

days of services even though the Daily Census Report maintained by Angels on Earth

documented E.C. as absent on those dates. Angels on Earth was reimbursed $11,961.75

for services that were not provided to E.C.

45. Geraldine Alcivar, mother of Medicaid recipient E.C. was interviewed and provided a

sworn recorded statement on November 2, 2022. E.C. currently attends Angels on Earth

five days a week and received transportation service provided by Angels on Earth. E.C.

does not attend Angels on Earth on Saturdays. E.C. did not attend Angels on Earth on

August 24-August 28, 2021, as he was home sick.

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46. Angels on Earth was reimbursed $2,278.00 for transportation services that were not

provided to E.C. during those dates.

47. DSS claims revealed Angels on Earth submitted claims for services provided to J.W. for

125 days during that six-month period. The Angels on Earth Daily Census Report showed

that J.W. was marked absent on 38 of those days. Angels on Earth was reimbursed

$8,576.22 for services that were not provided to J.W..

48. Sonya Keeney, the Aunt of Medicaid recipient J.W. Keeney was interviewed and provided

a sworn recorded statement on January 17, 2023. J.W. Keeney was enrolled at Angels on

Earth sometime in 2021 and attended Monday through Friday. J.W. did not attend Angels

on Earth on Saturdays. J.W. received transportation services provided by Angels on Earth.

J.W. did not attend Angels on Earth when public schools were out during holiday breaks.

Family members followed the Orange County public schoolscalendar in order to allow

J.W. to interact with his cousins instead of attending Angels on Earth. J.W. did not attend

Angels on Earth during Thanksgiving or Christmas break 2021. J.W. moved to New York

on September 8, 2022.

49. A DSS claims query revealed Angels on Earth submitted claims for services provided to

J.W. on November 22, 23, 24, 26, and 27 during the week of Thanksgiving 2021.

Thanksgiving Day was November 25, 2021. Angels on Earth submitted claims for services

provided to J.W. for 10 days services during the Christmas break, December 20-December

31, 2021. After J.W. moved to New York on September 8, 2022, Angels on Earth

continued to submit billing for transportation services provided to J.W. until November 14,

2022.

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 K.V.

50. DSS claims revealed Angels on Earth submitted claims for services provided to K.V. 148

days between July 1, 2021, to December 31, 2021. The Angels on Earth Daily Census

Report showed that K.V. was marked absent on 44 days during the same period. Angels

on Earth was reimbursed $9,930.36 for services that were not provided to K.V.

51. Jamaris Westerband, mother of Medicaid recipient K.V. was interviewed and provided a

sworn recorded statement on January 19, 2023. K.V. receives transportation services

provided by Angels on Earth. K.V. currently is a student at UCP Osceola School. K.V. is

transported to school by Angels on Earth, transported to the Angels on Earth Orlando

location in the afternoon and then transported home later in the day.

52. Jamaris Westerband confirmed that K.V. was absent from August 9-August 14, 2021. K.V.

would also not have been at Angels on Earth during the Thanksgiving and Christmas

holiday breaks in 2021. Angels on Earth submitted claims for services provided on five

days during the Thanksgiving break and 10 days during the Christmas break. A home

health nurse provides care for K.V. on Saturdays. K.V. has not been to Angels on Earth

on any Saturday since February 2022.

Transportation by Angels on Earth

53. Luis Rivera provided a sworn recorded statement on February 21, 2023. Luis Rivera has

been employed by Angels on Earth for over a year.

54. Rivera reviews and submits all claims for transportation services to ModivCare.

55. Armando (Erbiti), Aleida Cabrera's brother manages all the transportation scheduling

routes, and drivers.

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56. Rivera submits claims to ModivCare weekly (every Wednesday). Rivera submits claims

to ModivCare from the trips that are scheduled for the Medicaid recipients. Rivera stated

he does not verify with the NEMT driver log if the Medicaid recipient was transported on

any specific day, nor does he verify if the Medicaid recipient was present at the Angels on

Earth facility.

57. Rivera stated he would not be aware of any Medicaid recipient being absent and not

receiving transportation services to the facility unless he was specifically informed of the

absence. Rivera stated the account information for ModivCare is in Aleida Cabrera's name

and if he has any issues accessing the ModivCare portal he always goes to her for

assistance. Rivera stated he was trained on the billing procedures for ModivCare by Aleida
Cabrera.

58. On February 22, 2023, Rivera provided a sworn recorded statement. Rivera states he has

been submitting the claims information to MTM for approximately four months for all the

Angels on Earth locations. Rivera obtains the scheduled trip information from MTM. That

information is then compared to Angels on Earth drivers log and the Angels on Earth Daily

Census Report to determine which Medicaid recipients received transportation and

attended the facility each day. Aleida Cabrera provides the names of any Medicaid

recipients that need to be added or deleted from the scheduled transportation list.

59. Rivera stated that Carlos Cabrera works remotely from his residence once a week. Rivera

has delivered a
printer from the Angels on Earth Orlando location to the Cabrera residence

so that Carlos can work from home. Rivera described the residence, indicated it was

located on a cul-de-sac not far from the Angels on Earth Orlando location and stated that

Carlos Cabrera has an office in the garage of the residence. Rivera positively identified

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 Cabrera's residence, 2735 Nakina Court, Orlando, Florida from an image of the residence

on the Orange County Florida Property Appraiser's website. Rivera also stated that during

the week prior to the interview he had loaded a box of records or documents from the

Angels on Earth Orlando office into Carlos Cabrera's car so he could work from his

residence.

60. Angels on Earth has a fleet of thirty (30) vans that provide transportation services.

61. Claims for NEMT services are submitted to ModivCare based on the pre-approved

scheduled trips for each Medicaid Recipient.

Marketing Angels on Earth

62. On February 23, 2023, Nicolette Hernandez, (hereinafter referred to as

"Hernandee)

provided a sworn recorded statement. Nicolette Hernandez is the Marketing Coordinator

at Angels on Earth PPEC. She manages all social media, as well as the company's Google

business account through a third-party vendor.

63. Hernandez occasionally arranges special events for the kids at the facility, but normally

she is not involved in the day-to-day services.

64. Hernandez was not aware of any other employees or parents of children enrolled at the

facility receiving money noted as marketing, nor was she aware that parents were receiving

money to keep their children enrolled at Angels on Earth.

Helen Guzman

65. On February 23, 2023, a sworn recorded statement was obtained from Helen Guzman,

(hereinafter referred to as "Guzman"). Guzman was hired in March of 2020 as the

Administrative Assistant to Carlos Cabrera. Guzman states that Aleida Cabrera handled

all the Medicaid billing/submitting claims for reimbursement.

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66. Guzman claims that Aleida Cabrera also submitted all the claims for transportation services

provided by Angels on Earth. Transportation logs and the Daily Census Report from the

other Angels on Earth locations were faxed or emailed to Aleida Cabrera.

67. Both Carlos and Aleida Cabrera worked remotely from their residence. Both Cabrera's

took their laptops home to work remotely. Guzman had been to the Cabrera's residence

and was aware that they had an office in their garage. Guzman stated that Aleida Cabrera

managed the payroll and wrote most of the checks.

68. At the request of Carlos Cabrera, Guzman would call the parents of a child that was absent

to ask why the child was not at the facility. Cabrera was very aware of the number of

Medicaid recipients in attendance at the facilities each day.

69. C.G., Helen Guzman's son received therapy services at Angels on Earth. C.G. also

received transportation services, but usually only from his school to the facility. Angels

on Earth submitted claims for transportation services provided to C.G. from December 11,

2021, to December 23, 2021. At the time the Guzmans were out of the country and Carlos

and Aleida Cabrera were aware.

70. C.G. never received services after May 2022. Guzman was still receiving text messages

notifying her of scheduled transportation service for C.G. even after they moved out of

state to Rhode Island in the summer of 2022.

71. Guzman sent Aleida Cabrera a text message (Aleida Cabrera's person mobile number.
her that she was still receiving messages for transportation services
.6788) notifying
and requested that C.G. be removed from the list of recipients being scheduled for service.

Still in January 2023 Guzman was being notified of scheduled transportation for C.G.

Guzman sent Carlos Cabrera the following text message on January 31, 2023, from her

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 phone, number -8140 to Carlos Cabrera's personal mobile phone, 7494:

"Hey Carlos, sorry to bother you but I keep getting these messages (listed were several

notifications that Angels on Earth will pick you up for your ride on certain dates). C.G.

should have been taken off transport since last June. I just don't want y' all to get in trouble

if he hasn't been taken off." Carlos Cabrera replied with two laughs out loud face emojis

"The gift that keeps on giving!!" Guzman provided a screenshot of the text message

exchange. A DSS data query revealed that Angels on Earth continued to submit claims for

transportation services provided to C.G. through October 31, 2022.

Aleida Cabrera

72. Defendant Aleida Cabrera is the owner of Angels on Earth along with her mother Julia

Erbiti and Maria Delgado.

73. Aleida Cabrera has no previous experience as a Medicaid Provider and no experience

operating a Prescribed Pediatric Extended Care facility.

74. When interviewed on March 7, 2023, Aleida Cabrera was unable to name any employees

working at Angels on Earth in 2019 and claimed she did not know the current number of

employees but believes there was approximately 11 employees working in the Orlando

office. Aleida Cabrera was unaware who hires and trains new employees.

75. Aleida Cabrera claims that there are approximately sixty (60) children/Medicaid recipients

receiving services at Angels on Earth in the Orlando location daily and approximately 20

children attending each of the three other locations.

76. Aleida Cabrera claims she submits all claims submissions for therapy services provided by

Angels on Earth PPEC, and she also manages the payroll.

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77. Aleida Cabrera confirmed that as the owner and signer of the Medicaid Provider

Agreement she is ultimately responsible to ensure that all claims submitted are true and

accurate, but she stated that she does not review any Medicaid claims submitted for

reimbursement.

78. Aleida Cabrera stated that they frequently work from home and therefore do not get

notified if a child/Medicaid recipient has withdrawn from the facility so sometimes they

submit claims for reimbursement in error.

Carlos Cabrera

79. Carlos Cabrera is the Administrator for Angels on Earth PPEC and oversees the day-to-

day business operations.

80. Carlos Cabrera has no prior experience as a Medicaid Provider and no experience operating

a Prescribed Pediatric Extended Care facility.

81. When interviewed on March 7, 2023, Carlos Cabrera stated that he submits claims to

Medicaid for services provided by Angels on Earth to include PPEC services and for

transportation services provided by Angels on Earth.

82. Carlos Cabrera stated that if a child/Medicaid recipient is marked as absent on the Angels

on Earth Daily Census Report that recipient should not be billed for services.

83. Carlos Cabrera stated that any inaccurate billing would have been a mistake and not

intentional.

84. Carlos Cabrera claims that he submits claims for approximately 80 Medicaid recipients per

day at the Orlando location and approximately 220 total per day at all locations.

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 Fraudulent Billing

85. A further breakdown of the number of Medicaid recipients billed for PPEC services for

four (4) random weeks during the case analysis period and the actual Daily Census Report

maintained by Angels on Earth, shows the following:

a. August 2, 2021 August —

7, 2021
• Census Report 322 —

• Billed for services 525 —

b. August 9, 2021 August 14, 2021

—

• Census Report 371 —

• Billed for services —

466

c. September 20, 2021 September 25, 2021

—

• Census Report 378 —

• Billed for services 507 —

d. October 18, 2021 October 23, 2021

—

• Census Report 381 —

• Billed for services 461 —

e. November 15, 2021 November 20, 2021

—

• Census Report 405 —

• Billed for services 513 —

f. December 6, 2021 December 11, 2021

—

• Census Report 445

• Billed for services 561 —

86. There was no date of service during this four-week period where the number of Medicaid

recipients billed for services coincided with the number of Medicaid recipients on the Daily

Census Report maintained by Angels on Earth. The overall pattern of billing/submitting

claims to Medicaid for Medicaid recipients that were not in attendance at the facility on

multiple dates of service for the entirety of the analyzed period demonstrates an intent to

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 maximize billing without regard for accuracy. Billing/submitting claims for Medicaid

recipients hundreds of times that were not in attendance negates any explanation that the

overbilling was the result of a mistake or a reasonable error in billing practices and instead

demonstrates the intent to defraud in violation of §409.920(2)(a)(1), Fla. Stat.

Financial Information

87. During this investigation bank records and other financial information related to Carlos

Cabrera, Aleida Cabrera, and Angels on Earth PPEC was obtained for analysis. The

Administrator of Angels on Earth, Carlos Cabrera stated that Angels on Earth PPEC only

provides services and bills for services provided to Medicaid recipients. This investigation

focused on the bank account information related directly to the designated EFT

accounts. The examination and analysis of the accounts associated with and linked to the

EFT accounts did not reveal any other significant source of income deposited

into any of the bank accounts. Two EFT accounts were identified from July 1, 2021, to

December 31, 2021.

A. Regions Bank

88. Regions Advantage Business was opened on 08/16/2018 as the

EFT Account. Account owners were the same as the business owners, Aleida

Cabrera, Julia Erbiti and Maria Delgado. There were 12 other business, personal checking

and personal savings accounts owned and/or used by Aleida Cabrera, Carlos Cabrera, Julia

Erbiti and Maria Delgado. Funds deposited into the EFT account were

transferred into the other accounts and co-mingled with business and personal

expenditures. All Regions Bank accounts were closed November 30, 2021.

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89. The case analysis focused on claims data from July 1, 2021 through December 31, 2021.

The balance of the Regions on July 1, 2021, was $1,594,785.47.

Deposits into the Regions EFT Account from for the case analysis period July 1,

2021 until the account was closed on November 30, 2021, totaled $1,958,343.10 for the

Angels on Earth Orlando location. Total deposits for all four locations during

this time period was $4,075,758.32. Those deposits are for PPEC services only

and do not include reimbursements Angels on Earth received for transportation services

provided to Medicaid recipients.

B. SouthState Bank

90. On November 3, 2021, SouthState Commercial Analysis Plus

was
opened as the designated EFT Account. Account owners were Aleida

Cabrera, Julia Erbiti and Maria Delgado. There were 15 other business, personal checking

and personal savings accounts owned and/or used by Aleida Cabrera, Carlos Cabrera, Julia

Erbiti and Maria Delgado. In March and April 2022 Julia Erbiti and Maria Delgado were

removed as owners/users of the accounts and Carlos Cabrera was added to all of the

accounts with the exception of a

personal owned by Aleida Cabrera.

Carlos and Aleida Cabrera listed their address as 2735 Nakina Court, Orlando, FL 32837

on all the account owner/signer documents. Funds deposited into the SouthState

EFT were transferred into the other accounts and co-mingled with business

and personal expenditures. On November 24, 2021, $2,436,511.00 was transferred from

the Regions Bank EFT Account into the SouthState via wire

transfer.

20
 91. made 137 deposits for reimbursement of PPEC services into the SouthState EFT

of Angels on Earth from November 3, 2021, to August 31, 2022, for a total

of $8,233,530.03. There were another 134 deposits by for reimbursement of

transportation services provided by Angels on Earth for a total of $3,795,438.98. As

previously stated the funds were transferred into the other business and personal

accounts including the personal of Aleida Cabrera.

92. From November 3, 2021, to August 31, 2022, $726,000.00 was transferred from the

SouthState EFT into the personal of

Aleida Cabrera. Funds in would frequently be transferred to the other

business and personal accounts and the business payroll would occasionally be paid out

this account.

93. A review of the bank account records from July 1, 2021, through August 31, 2022,

identified several large purchases from Beverly Hills Jewelry, Watch and Loan,

approximately $430,00.00, Jacob and Company, approximately $509,000.00, and Kirk

Jewelers, $52,708.68. Records obtained from the three businesses revealed that firearms

(handguns, rifles, and shotguns), jewelry, watches, sports memorabilia, and artwork were

purchased with funds obtained fraudulently from the Medicaid program

MEMORANDUM OF LAW

The Florida RICO act permits the State to seize illicit property "upon court process." See

§895.05(3), Fla. Stat.; See also De Lisi v. Smith, 401 So. 2d 925, 928 (Fla. 2d DCA 1981). To

do so, the State must show that the property "was used in the course of, intended for use in the

course of, derived from, or realized through conduct in violation of the RICO act." De Lisi, 401

So. 2d at 928. The State satisfies this burden once it presents "substantial, competent evidence

21
tying the property to the illegal conduct." Shouten v. Utah Intl, Inc., 515 So. 2d 366 (Fla. 4th

DCA 1987). In other words, "to seize or freeze property.... state [has the] burden to make a prima

facie case demonstrating that it would be successful in Racketeer Influenced and Corrupt

Organization Act (RICO) litigation, which require[s] [the] state to show that property it sought to

prevent operators from disposing of what was used in course of, intended for use in course of,

derived from or realized through, conduct in violation of RICO act. Bee Line Entertainment

Partners v. State, 791 So. 2d 1197 (Fla. 5th DCA, 2001); Fla. Stat. §895.01.

As the above facts demonstrate, the State will be successful in RICO litigation

against the Defendants. The elements of a RICO crime are (1) conduct or participation in an

enterprise through (2) a pattern of racketeering activity. Doorbal v. State, 983 So. 2d 464 (Fla.

2008). As provided in Fla. Stat. §895.02(1), Racketeering Activity under the Florida RICO Act

means to "commit, to attempt to commit, to conspire to commit, or to solicit, coerce, or intimidate

another person to commit any crime which is chargeable by petition, indictment, or information"

under enumerated provisions of the Florida Statutes, including the following which are applicable

in this case:

•
§409.920(2)(a)(1), Fla. Stat. Fraud

A pattern of racketeering activity "means engaging in at least "two incidents of

racketeering conduct that have the same or similar intents, results, accomplices, victims, or

methods of commission or that otherwise are interrelated by distinguishing characteristics and are

not isolated incidents, provided at least one such incident occurred after October 1, 1977, and that

the last one occurred within five years after a prior incident." §895.02(4), Fla. Stat. In addition,

"it is unlawful for any person to be employed by or associated with any enterprise to conduct or

22
participate, directly or indirectly, in such enterprise through a pattern of racketeering activity or

the collection of an unlawful debt." §895.02(3), Fla. Stat.

Defendantsviolations of Florida Statute §409.920(2)(a)(1) through the ownership,

operation and management of Angel on Earth, goes beyond independent criminal conduct and

violates Florida Statute §895.03, in that the entire billing practice of the business constitutes a

criminal enterprise designed to promote a pattern of racketeering activity. With Carlos Cabrera

at the helm, handling all billing and day-to-day operations and Aleida Cabrera, submitting the
claims submissions for therapy services and assisted by co-conspirators, the investigation revealed

that this criminal organization conducted Fraud on a daily basis. Their illegal billing

practices was the norm and not the exception. These daily illegal billing practices were

deliberately and flagrantly conducted, overseen, and approved by the Defendants.

The Defendants violated Florida law related to Medicaid Fraud §409.920(20(a)1. provides:

(2)(a) 1. A person may not Knowingly make, cause to be made, or aid and abet in
the making of any false statement or false representation of a material fact, by
commission or omission, in any claim submitted to the agency or its fiscal agent or
a managed care plan for payment.

The evidence in this case demonstrates that the criminal enterprise established several Prescribed
Pediatric Extended Care centers in and around Orlando, Florida for the sole purpose of committing
Fraud. The principals of the conspiracy, Defendants CARLOS and ALEIDA CABRERA

actively controlled and ran the illegal organization. On a daily basis, Medicaid received bills for
Medicaid recipients who did not receive services. Co-Conspirators Julia Erbiti, Maria Delgado,

along with Arielle Cabrera, all benefitted from this illegal activity and knew or should have known
what had taken place.

With the windfall profits obtained from this criminal enterprise, Defendants engaged in a lavish

spending spree on various items.

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 In sum, the State is requesting this Court to freeze and seize the bank accounts identified

as being associated with the illegal activity explained in the Affidavit attached hereto as Composite

Exhibit A. It is well established that pursuant to the RICO statute, the Court may issue an

injunction both freezing bank accounts and permitting the state to seize them pending a RICO

action. As the fifth DCA stated in the context of reviewing a RICO preliminary injunction motion

very similar to the instant motion, "there is no question that the court had the equitable power to

put bank accounts under court supervision." Bee Line Entertainment Partners, 791 So. 2d 1197 at

1202, fn 4. The evidence in this case established that the bank accounts at issue were illicit profits

derived from the conduct in violation of the RICO act and also served to further the criminal

enterprise. The State has a real and present concern that without court intervention the funds in

these accounts will be quickly and easily dissipated. As the criminal investigation unfolds, the

Defendants at a moment's notice can empty the accounts. Accordingly, for all the reasons stated

above, the Court should freeze the bank accounts listed in this case pursuant to the Florida RICO

act.

RELIEF SOUGHT

Wherefore, based on the information provided in the Affidavit attached to this Motion as

Exhibit "A", the Plaintiff hereby request the following relief:

1. Prohibit the Defendants, individually and/or by or through their spouses,

trustees, agents, employees or other persons who act under, by, through or on
behalf of either or all of them or the Defendants, from transferring, conveying,

encumbering, disposing of or otherwise alienating their personal bank accounts

or business accounts, identified below in paragraphs 2 until further order of this

Court.
2. Order that upon receipt of this Order, SouthState Bank shall freeze the

following accounts, which are under the control of the Defendants.

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 Commercial Analysis Plus (balance 01/31/2023
$234,381.49)
Small Business Checking (balance 01/31/2023 $26,773.51)
Small Business Checking (balance 01/31/2023 $352.88)
Small Business Checking (account closed 01/31/2023)
Small Business Checking (balance 01/31/2023 $1,062.22)
Small Business Checking (balance 01/31/2023 $1,854.59)
Personal Checking (balance 01/31/2023 $753.40)
Small Business Checking (balance 02/17/2023 $5,370.89)
Small Business Checking (balance 01/31/2023 $88.84)
Small Business Checking (balance 01/31/2023 $591.90)
Small Business Checking (balance 01/31/2023 $179.33)
Small Business Checking (balance 01/31/2023 $210.34)
Small Business Checking (balance 01/31/2023 $88.00)
Small Business Checking (balance 01/31/2023 $1,456.55)
Small Business Checking (01/31/2023 $152.08)
Personal Savings (balance 02/01/2023 $196,456.32)

3. Order that pursuant to Florida Rule of Civil Procedure 1.610(b) no bond shall be

required with respect to the relief requested herein as the Plaintiff, OFFICE OF THE

ATTORNEY GENERAL, DEPARTMENT OF LEGAL AFFAIRS, STATE OF

FLORIDA, is an agency of the State of Florida and the public interest served by this
action.
4. Order that a copy of this Order shall be served on the Defendants by the Plaintiff within

5 business days. However, if Defendant is unable to be served by Plaintiffs within said

timeframe, order that notification shall be provided to the Court, who will modify this
Order consistent with the requirements of due process and the circumstances

surrounding this case.

5. Any and all other relief as this Court deems just and proper.

Dated: March 22, 2023.

Respectfully submitted,

ASHLEY BROOKE MOODY

ATTORNEY GENERAL

/s/ Kathleen M. Savor

Kathleen M. Savor, Esq.
Forfeiture Litigation manager

25
 Assistant Attorney General
Fla. Bar. No. 0139114
Dec lan Duffy
Senior Assistant Attorney General
Fla. Bar No. 112456
Office of the Attorney General
110 S. E. 6th Street, 10th Floor
Ft. Lauderdale, FL 33301
Phone: 954 712-4511
Fax: (54) 527-3702
Kathleen.Savor@myfloridalegal.com
Declan.Duffy@myfloridalegal.com
Attorneys for Plaintiff

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