The Fayette Citizen-News Page
Wednesday, April 7, 1999
Pair gets 10 years, pays $1.1 million in Medicaid fraud

By MONROE ROARK
Staff Writer

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Pleas for leniency fell on deaf ears in the Medicaid fraud sentencing of a Fayette County couple Monday.

The couple were sentenced to ten years in prison and ordered to pay more than a million dollars in reparations in connection with fraudulent Medicaid billing at a Fulton County children's facility.

The couple's attorney says they will appeal the guilty verdict.

After a week-long trial in Fayette County Superior Court, it took the jury one hour to find Robert House and Delores Harrell House guilty on all three counts ­ theft by taking, medical assistance fraud and conspiracy to defraud the state. The two operated Family Connections Counseling Service, which provided the basis for their questionable Medicaid billing.

Judge Andrew Whalen sentenced the couple to ten years in prison and a $10,000 fine on the first two counts, which were merged for sentencing, and five years on the third count, to run concurrently.

The civil penalty for the verdicts, as required by Georgia law, amounts to three times the amount gained by the unlawful activity.

Whalen determined that evidence in the trial showed $377,502.51 was unaccounted for from the Houses' billing records, so he imposed a penalty of $1,132,507.53.

The case was prosecuted by a special Medicaid fraud task force consisting of members of the Attorney General's office, the Department of Audits and the Georgia Bureau of Investigation.

After the verdict was read, both defendants were called to the stand and given the opportunity to make statements about sentencing. Both pled with Judge Whalen to be allowed to remain with their children, ages 5 and 3.

"I've never been apart from my children," said Delores House. "We never intended to get involved in any fraud. My whole career's been taken away. Please don't take my children away."

Robert House echoed those sentiments, and was even more adamant that the couple was not guilty.

Citing the fact that neither had any criminal record before this case, he said, "Please don't separate us from our children. We've done nothing wrong."

Lead prosecutor Scott Smeal of the Attorney General's office cited the Houses' lack of admission of guilt in his sentencing statement.

"The state views this as an aggravated case," he said. "More than $500,000 was taken over a long period of time. This was a premeditated, willful act."

Attorney Paul Liston, who represents the Houses, asked for the minimum sentence, reiterating the lack of a criminal history between the defendants.

Whalen said that he appreciated the situation regarding the children, but that the couple should have thought of that "before you stole all that money."

Saying that the crimes appeared to be "a well-thought-out, preconceived scheme," and that "white-collar crime is just as serious as going out with a gun and robbing somebody," the judge imposed the sentence.

Liston said that the verdict will be appealed. Judge Whalen is considering an appeal bond, Liston said, and could make a decision on that within a day or two. An appeal of the case could last a year or more.


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