Thursday, May 15, 2008
2 Year Sentence Plus Restitution For Fraudster
Domeneco Abate was sentenced on May 12, 2008 by the Honorable United States District Judge Donald M. Middlebrooks to 27 months’ imprisonment, to be followed by three years of supervised release. In addition, Abate was ordered to forfeit $155,000 and to pay an additional $278,813 in restitution.
On February 28, 2008, Abate pled guilty to a three-count Information, charging him with health care fraud, bankruptcy fraud and wire fraud. Regarding the wire fraud, Abate submitted false loan documentation to support the purchase of his home in Wellington, Florida. In the loan application, Abate falsely stated that his wife was an Office Manager at The Medicine Shoppe, a retail pharmacy franchise in Palm Beach Gardens, Florida, with a gross monthly income of $9,864. In addition, the loan documentation falsely stated that approximately $165,000 of the down payment for the purchase of the home was a gift from relatives. Abate agreed to forfeit $155,000 for this mortgage fraud.
The health care fraud charges to which the defendants pled guilty stemmed from the defendants’ unlawful receipt of substantial health insurance benefits for themselves and their families. From June, 2001 through September, 2004, the defendants obtained insurance benefits by falsely claiming to be employees of The Medicine Shoppe. In addition, with the defendants’ consent, the Medicine Shoppe used the defendants’ health insurance information and that of their families to file false prescription drug claims.
Abate also pled guilty to bankruptcy fraud. On or about August 12, 2004, Abate filed a bankruptcy petition and schedules on which he falsely listed his wife, co-defendant Eileen Abate, as being employed as the manager of The Medicine Shoppe, with a monthly gross income of approximately $17,714.
Also sentenced by the Honorable Donald M. Middlebrooks was co-defendant Vincent Trupia. Trupia, who pled guilty to a single count of health care fraud, was sentenced to 5 years of probation, with a special term of 180 days’ home confinement. He was also ordered to pay restitution in the amount of $83,545.75 for insurance benefits he received through The Medicine Shoppe.
Sentencing for co-defendant Diane Mangicapra is scheduled for Friday, May 16, 2008 at 11:30 a.m., and for Eileen Abate on Wednesday, May 21, 2008 at 4:45 p.m., before the Honorable Donald M. Middlebrooks in West Palm Beach, Florida.
mortgage fraud
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Rachel Dollar is an attorney and Certified Mortgage Banker who handles fraud recovery litigation for lenders and secondary market investors nationwide. She is a nationally recognized speaker on the topic of mortgage fraud. Ms. Dollar is licensed to practice law in California and maintains offices in Santa Rosa, California. 
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