UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF FLORIDA 

CASE NO. 22-20413-CR-GAYLES 

UNITED STATES OF AMERICA 

vs. 

LESTER DELGADO ECHEVARRIA, 

Defendant. 

I ----------------

FACTUAL PROFFER 

If this matter had proceeded to trial, the government and the defendant Lester Delgado 

Echevania (the "defendant"), by and through his attorney, hereby agree that, were this case to 

proceed to trial, the United States would prove beyond a reasonable doubt the following facts, 

among others, which occuned, in the Southern District of Florida: 

1. The Medicare Program ("Medicare") was a federal health care program that 

provided free or below-cost health care benefits to individuals who were sixty-five years of age or 

older or disabled. The benefits available under Medicare were governed by federal statutes and 

regulations. The United States Depmiment of Health and Human Services ("HHS"), through its 

agency the Center for Medicare and Medicaid Services ("CMS"), oversaw and administered 

Medicare. Individuals who received benefits under Medicare were commonly refened to as 

Medicare "beneficiaries." 

2. Medicare was a "health care benefit program" as defined in Title 18, United States 

Code, Section 24(b ). 

3. Medicare was subdivided into multiple program "pmis." Medicare Pmi A covered 

health care services provided by hospitals, skilled nursing facilities, hospices, and home health 

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agencies. Medicare Part B covered physician services and outpatient care, including an 

individual's access to durable medical equipment ("DME"). 

4. DME was equipment designed for everyday or extended use and for a medical 

purpose, such as orthotic devices, speech generating devices, collagen dressing, wheelchairs, 

prosthetic limbs, wheelchairs, nebulizers, and oxygen concentrators. 

5. DME companies, physicians, and other health care providers that provided services 

to Medicare beneficiaries were referred to as Medicare "providers." To paiiicipate in Medicare, 

providers were required to submit an application in which the providers agreed to comply with all 

Medicare-related laws and regulations. If Medicare approved a provider's application, Medicare 

assigned the provider a Medicare "provider number." A health care provider with a Medicare 

provider number could file claims with Medicare to obtain reimbursement for services rendered to 

beneficiaries. 

6. Emolled Medicare providers agreed to abide by the policies, procedures, rules, and 

regulations governing reimbursement. To receive Medicare funds, emolled providers were 

required to abide by the Anti-Kickback Statute and other laws and regulations. Providers were 

given access to Medicare manuals and services bulletins describing billing procedures, rules, and 

regulations. 

7. Medicare reimbursed DME companies and other health care providers for items 

and services rendered to beneficiaries. To receive payment from Medicare, providers submitted or 

caused the submission of claims to Medicare, either directly or through a billing company. 

8. A Medicare claim for DME reimbursement was required to set f01ih, among other 

things, the beneficiary's name and unique Medicare identification number, the equipment provided 

to the beneficiaiy, the date the equipment was provided, the cost of the equipment, and the name 

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and unique physician identification number of the physician who prescribed or ordered the 

equipment. 

9. A claim for DME submitted to Medicare qualified for reimbursement only if it was 

medically necessmy for the treatment of the beneficiary's illness or injury, prescribed by a licensed 

physician, and actually provided to the beneficiary as billed. 

10. From in or around April 2022, through in or around July 2022, the defendant 

engaged in a scheme to unlawfully enrich himself by, among other things: (a) submitting and 

causing the submission of false and fraudulent claims to a health care benefit program through 

interstate wire communications; (b) concealing the submission of false and fraudulent claims to a 

health care benefit program; (c) concealing the receipt of the fraud proceeds; and (d) dive1iing the 

fraud proceeds for their personal use and benefit. 

11. In fu1iherance of the scheme, the defendant provided his personal identifying 

information and signed various documents representing to Medicare that the defendant was the 

true owner of Agbe Solutions, Inc. ("AGBE"), a Florida corporation located in Miami, Florida, 

that purportedly provided DME to Medicare beneficiaries. 

12. Specifically, on or about April 7, 2022, the defendant signed a one-page Bill of Sale 

that purpmied to transfer ownership of AGBE to the defendant, which fmm was subsequently 

transmitted to Medicare. 

13. In addition, on or about April 22, 2022, an Electronic Funds Transfer Authorization 

Agreement, which directed Medicare to pay AGBE through electronic transfers to an AGBE bank 

account at Bank 1 (the "AGBE Bank Account"), was submitted to Medicare. The defendant signed 

the Electronic Funds Transfer Authorization Agreement as the owner of AGBE. 

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14. From on or about May 31, 2022, through on or about July 18, 2022, AGBE billed 

Medicare approximately $3,062,196 for DME claims, which claims were submitted through an 

Internet portal that caused a communication in interstate commerce. One of those claims, Claim 

No. 122151721080000, was submitted on or about May 31, 2022, on behalf of beneficiary L.E., 

for collagen dressing, sterile, size 16 sq. in. or less, in the amount of $6,117.50. 

15. Dr. R.A. was the purported prescribing physician for approximately 3 3 % of claims 

submitted by AGBE and 63% of paid claims, including Claim No. 122151721080000. Dr. R.A., 

however, did not treat any of the patients or prescribe any of the DME for which AGBE billed 

Medicare for DME. 

16. From on or about June 3, 2022, through on or about July 22, 2022, Medicare paid 

AGBE approximately $2,321,181 for DME claims through electronic transfers to the AGBE Bank 

Account in the Southern District of Florida. 

17. On or about August 22, 2022, law enforcement detained the defendant, and seized 

approximately $14,200 United States cmTency, which represents proceeds of the health care fraud 

offense. Post-Miranda, the defendant admitted that he was paid to pose as the owner of AGBE in 

exchange for approximately $100,000 United States currency. 

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18. These are not the only facts known to the United States of America in this matter, 

nor are they all of the facts that the United States of America would present, had this case gone to 

trial. 

By: 

By: 

Dare w By: 

MARKENZY LAPOINTE 

UNITED STATES ATTORNEY 

ASSISTANT UNITED STATES ATTORNEY 

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ENDANT 

ELG ADO ECHEVARRIA 

DANT 

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