United States District Court, D. Minnesota
Kokkinen, Assistant United States Attorney, for Plaintiff.
Scott for Defendant Huy Ngoc Nguyen.
Owens for Defendant Jerome Tarlve Doe.
Shannon Elkins for Defendant Napoleon Tutex Deah.
William Mauzy for Defendant Mimi Huu Doan.
Garry for Defendant Quincy Chettupally.
REPORT AND RECOMMENDATION
FRANKLIN L. NOEL, UNITED STATES MAGISTRATE JUDGE
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.
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.
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