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United States v. Nguyen

United States District Court, D. Minnesota

November 8, 2017

United States of America, Plaintiff,
v.
Huy Ngoc Nguyen 1, Jerome Tarlve Doe 2, Napoleon Tutex Deah 3, Mimi Huu Doan 5, Quincy Chettupally 6, Defendants.

          John Kokkinen, Assistant United States Attorney, for Plaintiff.

          Daniel Scott for Defendant Huy Ngoc Nguyen.

          Robert Owens for Defendant Jerome Tarlve Doe.

          Shannon Elkins for Defendant Napoleon Tutex Deah.

          William Mauzy for Defendant Mimi Huu Doan.

          Ryan Garry for Defendant Quincy Chettupally.

          REPORT AND RECOMMENDATION

          FRANKLIN L. NOEL, UNITED STATES MAGISTRATE JUDGE

         THIS MATTER came before the undersigned United States Magistrate Judge on October 18, 2017, on Defendants Huy Ngoc Nguyen, Jerome Tarlve Doe, Napoleon Tutex Deah, Mimi Huu Doan, and Quincy Chettupally's respective motions to dismiss the Superseding Indictment (ECF Nos. 138, 141, 166, 171, 172); and, Defendant Doe's motion to dismiss for lack of probable cause and failure to state a claim (ECF No. 143). This matter was referred to the undersigned for Report and Recommendation pursuant to 28 U.S.C. § 636 and Local Rule 72.1. For the reasons set forth below, Defendants' motions should be DENIED.

         I. BACKGROUND[1]

         Defendants Huy Ngoc Nguyen, Jerome Tarlve Doe, Napoleon Tutex Deah, Okwuchukwu Emmanuel Jideofor, Mimi Huu Doan, and Quincy Chettupally (collectively “Defendants”) are accused of participating in a scheme to defraud automobile insurance companies by submitting claims and receiving reimbursements for chiropractic services that either were not medically necessary or were not rendered. See, e.g., ECF No. 96. Nguyen, a chiropractor and the chief executive officer of Healthcare Chiropractic Clinic, Inc. (“Healthcare Chiropractic”), is alleged to have paid Doe, Deah, and Jideofor to recruit automobile accident victims to show up for medical appointments and receive unnecessary chiropractic services at Healthcare Chiropractic. Id. ¶¶ 2-22. Nguyen and Doan, who was an employee of Healthcare Chiropractic and the chief executive officer of Northwest MRI Center Inc. (“Northwest MRI”), are alleged to have submitted claims for these patients to automobile insurers. Id. ¶ 19. Chettupally, an officer of Northwest MRI, and the registered agent of Pain Clinics of Minnesota, P.A. (“Pain Clinics of MN”), is alleged to have made illegal payments to runners in exchange for referral of automobile accident victims to Northwest MRI and to Pain Clinics of MN. Id. ¶¶ 10, 20. Under this scheme, Defendants are accused of causing automobile insurance companies to have paid millions of dollars as a result of false and fraudulent reimbursement claims. Id. ¶ 22.

         On August 15, 2017, a United States Grand Jury returned a Superseding Indictment charging Defendants with one count of conspiracy to commit mail fraud and wire fraud, in violation of 18 U.S.C. § 1349, six counts of mail fraud, in violation of 18 U.S.C. §§ 1341, 1342, and five counts of wire fraud, in violation of 18 U.S.C. §§ 1343, 1342. Id. ¶¶ 23-28. As to Count 1, the Superseding Indictment states:

From at least in or about 2010 and continuing thereafter through in or about 2016, in the State and District of Minnesota and elsewhere, [ALL NAMED DEFENDANTS] did knowingly and willfully conspire, combine, and agree with each other and with other persons known and unknown to the Grand Jury to commit mail fraud, in violation of Title 18, United States Code, Section 1341, and to commit wire fraud, in violation of Title 18, United States Code, Section 1343.

Id. ¶ 24. Counts 2 through 7 of the Superseding Indictment provide that:

On or about the following dates, in the State and District of Minnesota and elsewhere, the defendants, as named below in each count aided and abetted by each other and by other persons known and unknown to the grand jury, having devised and intending to devise the scheme and artifice described above, caused to be sent, delivered, and moved by the United States Postal Service and commercial interstate carrier the following ...

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