| Albin
Bailed for
Medicare Fraud
Like Sis Palm
Beach Captain
Loses Bid to
Block Koch at
Trial
by
Matthew Russell Lee, Patreon Book
Substack
SDNY
COURTHOUSE,
June 10 – 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
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
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 January 22,
2025 Alan Swiss pled guilty to
Count 1s, with sentencing set
for May 29, 2025.
On May 23, the US
asked for 57 months on Swiss.
Docketed on April
2, Erin Foley pled guilty:
"Arraignment as to Erin Foley.
Deft Foley enters plea of
guilty to one-count
superseding information.
Sentence date 7/31/2025 at
12:00pm. PSI ordered. Bail
cont'd."
Now in June for
trial, Albin's bid to block
testimony was denied, without
prejudice: "MEMORANDUM OPINION
AND ORDER as to (23-Cr-664-2)
Ted Albin. The defendant has
moved in limine to preclude
portions of the testimony of
the Government witness, Brian
Koch. In a prior in limine
ruling, the Court allowed the
testimony of Koch as a fact
witness about basic background
information on the Medicare
program and Medicare
regulations, including the
Medicare requirements for
durable medical equipment
("DME") supply companies, the
Medicare claims process, and
Medicare rules and procedures
concerning reimbursement and
the prohibition on kickbacks.
The Court previously ruled
that this kind of testimony is
admissible as lay testimony by
a person experienced in
dealing with a complex
regulatory scheme, pursuant to
Federal Rule of Evidence 701,
because it is based on
personal experience and
perception, not on
"scientific, technical, or
other specialized knowledge
within the scope of Rule 702."
... The defendant's motion is
denied without prejudice to
any further motions directed
to other specific aspects of
Koch's testimony. SO ORDERED.
More details on
Substack here
The case is US v.
Foley, et al., 23-cr-664
(Koeltl / Moses)
***
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