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Ted Albin Bailed for Medicare Fraud Like Sister Palm Beach Captain Wife Now Swiss Arraigned

by Matthew Russell Lee, Patreon Book Substack

SDNY COURTHOUSE, March 20– Ted Albin was arrested in Florida on charges of health care fraud and conspiracy to violate the Anti-Kickback Statute. 

As sketched in a four-count Indictment unsealed in the U.S. District Court for the Southern District of New York, Albin and his twin sister Erin Foley ran a Medicare billing company that they used to bill Medicare for more than $25 million in fraudulent claims for durable medical equipment and on which Medicare and related private insurers paid out more than $9 million. 

 On December 28, Albin appeared by Facetime, from Florida, before SDNY Magistrate Judge Barbara Moses. Inner City Press was in the courtroom, the only media there, and live tweeted. Part of thread here:

Albin wants a publicly paid lawyer - and gets one, while owning two properties, one of which he rents out

Albin will remain free on bail - but is told not to speak about the case with his (twin) sister Erin Foley, the lead / named defendant, married to Palm Beach County Sheriff's Office Captain Randy Foley... 

On January 17, Erin Foley pled not guilty; a next conference for both was set for April 18 at 4:30 pm. And properties were named and encumbered: "Erin Foley, the defendant, may not sell, pledge, mortgage, hypothecate, encumber, etc., the property at 6443 Hall Blvd., Loxahatchee, FL 33470, until the personal recognizance bond in this case is discharged, or otherwise modified by the Court; and it is fu1iher hereby ORDERED that Ted Albin, the defendant, may not sell, pledge, mortgage, hypothecate, encumber, etc., the property at 1750 SW Hackman Terrace, Stuart, FL 34997, until the personal recognizance bond in this case is discharged, or otherwise modified by the Court. SO ORDERED. (Signed by Judge John G. Koeltl on 1/17/2024)."

On January 25, Erin Foley's lawyer wrote in seeking permission to speak, as she can with her brother, with Molly Hilermand (sister) and Audra Kashack (close friend).

On February 16 the US Attorney's Office wrote in that co-defendant Alan Swiss, arrested in Florida, "was remanded on a state case and remains in custody in Florida." So his SDNY proceeding was adjourned sine die.

By March 20, "ORDER as to Alan Swiss: The defendant, Alan Swiss, having been arraigned, today, on the superseding indictment, is hereby ordered released on the following conditions: 1.A $500,000 bond cosigned by two (2) financially responsible people. 2.The defendant is subjected to Pretrial Services supervision as directed. 3.The defendant shall surrender all travel documents and make no new applications. 4.Travel is restricted to the Southern District of Florida and the Southern and Eastern Districts of New York, with all points in between, for court related purposes only. 5.The defendant shall obtain and maintain verifiable employment. 6.The defendant shall have no contact with co-defendants, victims and witnesses unless in the presence of counsel. Witnesses include present and former employees of all entities identified in the superseding indictment. The defendant may not discuss the case or facts underlying the case with the defendant's ex-wife. 7. The defendant shall refrain from use or unlawful possession of a narcotic drug or other controlled substances defined in 21 U.S.C. 802, unless prescribed by a licensed medical practitioner. 8.The defendant is subjected to drug testing and treatment as directed by Pretrial Services 9.The defendant shall continue to participate in mental health evaluation and treatment as directed by Pretrial Services. 10. The defendant shall maintain residence at Fern House and shall not relocate without Pretrial Services approval. 11. The defendant shall have no possession of firearms, weapons and or destructive devices. 12. The defendant shall not engage in Medicare billing or employment related to Medicare of health insurance. SO ORDERED. (Signed by Judge John G. Koeltl on 3/20/2024)."

More details on Substack here

The case is US v. Foley, et al., 23-cr-664 (Koeltl / Moses)


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