Opinion
20CR2980-WQH-2 20 CR3914-WQH 21CR799-WQH
06-24-2024
UNITED STATES OF AMERICA, v. CHARLES BURRUSS, Defendant.
AMENDED ORDER OF RESTITUTION
Hon. William Q. Hayes, United States District Court Judge.
IT IS HEREBY ORDERED:
1. Pursuant to 18 U.S.C. 3663A, Defendant CHARLES BURRUSS (hereinafter "Defendant") shall pay restitution in the amount of $424,648,137.37 as a result of Defendant's conviction for conspiracy to commit wire fraud, in violation of 18 U.S.C. § 1349, conspiracy to commit health care fraud, in violation of 18 U.S.C. § 371, and violating the anti-kickback statute, in violation of 42 U.S.C. § 1320a7b(b)(2)(A). Restitution shall be joint and several with all co-defendants and co-conspirators ordered to pay restitution for the same losses, which shall include co-defendant Armani Adams.
2. Restitution shall be paid to the following victims in the specified amounts. Pursuant to 18 U.S.C. § 3664(i), all non-United States government victims shall receive full restitution before the United States receives any restitution, and the distribution to nongovernment victims shall be made pro-rata.
Victims
Amount
[On behalf of Medicare] Center for Medicare Services ("CMS") Division of Accounting Operations 7500 Security Blvd Mailstop C3-11-03 Baltimore, MD 21244
$421,384,737.10
[On behalf of Tricare] Defense Health Agency, Resource Management Division, Attn: Contract Resource Management, 16401 East Centretech Parkway, Aurora, CA 80011-9043
$768,659.36
Veteran's Administration (CHAMPVA), VA Health Administration Center, Attn: Overpayment Refunds, P.O. Box 469064, Denver, CO 80246-9064
$2,334,313.75
Medi-Cal
$160,427.16
Platte River Insurance Company, 1600 Aspen Commons, Suite 300 Middleton, WI 53562
$602,377.42 (As provider of compensation for CMS loss. See paragraph 3, below.)
3. Pursuant to 18 U.S.C. § 3664(j)(1), any provider of compensation who has paid a victim for a loss shall receive the restitution owed to that victim. However, all victims shall be paid their full restitution before a provider of compensation. Platte River Insurance Company has paid $602,377.42 to CGS Administrators, LLC, and Noridian Healthcare Solutions as compensation for CMS's loss. Therefore, Defendant shall pay $602,377.42 to Platte River Insurance Company (located at: 1600 Aspen Commons, Suite 300, Middleton, WI 53562) as a provider of compensation. Victim CMS shall be paid restitution in full before Platte River Insurance Company receives any payment of restitution.
4. Defendant shall make a bona fide effort to pay restitution in full as soon as practicable.
5. After considering the factors set forth in 18 U.S.C. § 3664(f)(2), the Court finds that the Defendant has the ability to pay the restitution as set forth in the following payment schedule:
a. During any period of incarceration, Defendant shall pay restitution through the Inmate Financial Responsibility Program at the rate of 50% of Defendant's income, or $25.00 per quarter, whichever is greater.
b. Upon release from custody, Defendant shall pay restitution at the rate of at least $250.00 per month, subject to modification upon further agreement of the parties or order of the Court.
6. This payment schedule does not foreclose the United States from exercising all legal actions, remedies, and process available to collect the restitution judgment, including but not limited to remedies pursuant to 18 U.S.C. §§3613 and 3664(m)(1)(A).
7. Defendant shall forward all restitution payments, by bank or cashier's check or money order payable to the "Clerk, U.S. District Court," to:
Clerk of the Court United States District Court Southern District of California 333 West Broadway, Suite 420 San Diego, CA 92101
The bank or cashier's check or money order shall reference "Charles Burruss" and the Case Numbers identified in the caption of this Order. The Clerk of the Court shall distribute payments to all victims at addresses to be provided to the Clerk's Office by the United States Attorney's Office.
8. The Court has determined that Defendant does not have the ability to pay interest. The interest requirement is waived pursuant to 18 U.S.C. 3612(f)(3)(A).
9. Until restitution has been paid, Defendant shall notify the Clerk of the Court and the United States Attorney's Office of any change in Defendant's economic circumstances that might affect Defendant's ability to pay restitution no later than thirty days after the change occurs. See 18 U.S.C. § 3612(b)(f)(1).
10. Until restitution has been paid, Defendant shall notify the Clerk of the Court and the United States Attorney's Office of any change in mailing or residence address, no later than thirty days after the change occurs. See 18U.S.C . § 3612(b)(1)(F).
IT IS SO ORDERED.