HOUSTON – Charges have been filed against a dental clinic operator and two managers for their alleged roles in a $6 million Medicaid fraud and kickback scheme, U.S. Attorney Alamdar S. Hamdani’s office said Wednesday.
Christian Agno Aquino, 42, of Humble, was taken into custody Wednesday. He is expected to make his initial appearance before U.S. Magistrate Judge Dena Hanovice Palermo at 2 p.m.
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Rene Gaviola, 67, and Ifeanyi Ndubisi Ozoh, 51, both of Houston, were also charged.
Gaviola and Ozoh were previously arrested on similar charges in August 2022. Both are expected to make their appearances on the superseding indictment in Houston on Thursday.
According to the charges, Gaviola was the operator, while Ozoh and Aquino were managers of Floss Family Dental Care clinic located in Houston. The superseding indictment alleges Gaviola and other employees submitted fraudulent claims to Medicaid for pediatric dental services, including numerous cavity fillings, that Floss did not provide or that licensed individuals did not conduct. At Gaviola’s direction and with Aquino’s assistance, Floss allegedly employed someone to practice dentistry without a license. Floss billed Medicaid for these dental services as if they were provided by a licensed dentist, according to the indictment.
Gaviola, Ozoh and Aquino also allegedly paid kickbacks to marketers and caregivers of Medicaid-insured children to bring them to Floss for dental services.
The indictment further alleges Gaviola laundered Medicaid monies from the Floss business bank account to his personal bank account in several transactions exceeding $100,000.
From 2019 to 2021, the dental clinic allegedly billed Medicaid for nearly $6.9 million for which Medicaid paid approximately $4.9 million.
If convicted, all three face up to five years in prison for conspiracy to pay and receive kickbacks and 10 years for each count of payment of health care kickbacks. Gaviola and Aquino also face up to 10 years for each count of health care fraud and conspiracy to do so. Finally, Gaviola faces up to 10 years in prison for each count of money laundering. All charges also carry a possible $250,000 maximum fine.