FRAUD - Tammy & Sidney Moorer in Heather Elvis case, hearing held 17 Dec 2018

[Hatfield]

Found some interesting Bank reporting requirements + small business requirements for amounts equal to or in excess of 10K.

"It also requires any business receiving one or more related cash payments totalling $10,000 or more to file IRS/FinCEN Form 8300.[9]"

"FinCEN Form 110 Designation of Exempt Person: Banks must file this form to designate an exempt customer for the purpose of CTR reporting under the BSA.[7] In addition, banks use this form biennially (every two years) to renew exemptions for eligible non-listed business and payroll customers"

Bank Secrecy Act - Wikipedia, the free encyclopedia

I can almost guarantee there is more to this 10K than what we know so far, and I highly suspect it has to do with them hiding the fact that they had over a 10000 limit on either their Bank Account or some other Financial related item. See, their small businesses they had I suspect they got paid in either cash or checks, and at times if SM got paid for a big job, then he would get a large payment for a job he completed. The bank reporting requirements are stricter these days and they can actually treat multiple payments as an aggregate or sum total for a calendar year. I think the Ms were hiding their true income.

 

[RoxanneRoxannaDana]

The police said they found $10k in the safe. Since the lawyer rushed to defend it, it seems possible that the money is being investigated, as being the stolen Medicare fraud money.

In eyes of the legal system, stealing $10k is not as bad as stealing millions, as one who steals $10k (or more) over a 7-year-old period is likely to get a much more lenient sentence than one who steals millions.

Where are you getting a 7-year period from?

FWIW, I don't think that anybody is implying that the $10,000 found in their safe was stolen money. Rather, that would be a large of money to acquire by people who were claiming to make only $15,000 a year.

The theft and fraud that they are being charged with now IMO either means the amount that they incurred in Medicaid charges or the amount they ought to have paid for private insurance.

Whichever. If you are claiming to have a below poverty salary while living high on the hog and your lifestyle comes to the attention of the authorities for any reason, you'd best be prepared to pay back the benefits you took.

 

[eileenhawkeye]

Where are you getting a 7-year period from?

FWIW, I don't think that anybody is implying that the $10,000 found in their safe was stolen money. Rather, that would be a large of money to acquire by people who were claiming to make only $15,000 a year.

The theft and fraud that they are being charged with now IMO either means the amount that they incurred in Medicaid charges or the amount they ought to have paid for private insurance.

Whichever. If you are claiming to have a below poverty salary while living high on the hog and your lifestyle comes to the attention of the authorities for any reason, you'd best be prepared to pay back the benefits you took.

They are accused of failing to disclose to Medicaid their true financial status between 2007 and 2013

That statement sounds like they lied on annual forms for those 7 years.

 

[NWLady]

Maybe it's possible that more charges may be filed, in regards to the filthy living conditions and loaded weapons, etc. IMO, there should be.

 

[SStarr33]

Can the IRS go back farther than 7 years? IIRC, TM stated on the Disboards that she did not report all of her income when she was a waitress.

 

[OkieGranny]

Can the IRS go back farther than 7 years? IIRC, TM stated on the Disboards that she did not report all of her income when she was a waitress.

Maybe statute of limitations? Does that apply on something like this?

 

[poppygirl]

Maybe statute of limitations? Does that apply on something like this?

I know there is a limited amount of years they can go back - but I can't remember what it was. I keep my returns forever just in case lol. Don't mess with the IRS!

 

[justonedrin]

it is 7 years but if they find fraud it can be further

 

[passionflower]

wondering if they lied on their income tax forms also? 2 businesses and personal?
I heard 10 years for IRS on businesses??? true????

 

[geevee]

Maybe statute of limitations? Does that apply on something like this?

On the SC Public Index the 'case type' is listed as 'Criminal' and according to what I've read, SC doesn't have a statute of limitations on criminal prosecutions. One such link:

http://research.lawyers.com/south-carolina/south-carolina-statutes-of-limitations.html

 

[Knox]

The police said they found $10k in the safe. Since the lawyer rushed to defend it, it seems possible that the money is being investigated, as being the stolen Medicare fraud money.

In eyes of the legal system, stealing $10k is not as bad as stealing millions, as one who steals $10k (or more) over a 7-year-old period is likely to get a much more lenient sentence than one who steals millions.

I highly doubt the Moorers took the money they saved in healthcare coverage for the previous six years, and stashed it in their safe every month.

The lawyer rushed to defend it and Tammy lied about it being gifted and saved for college tuition, because they are afraid it will be seized. They don't own any property, even the house is not in their name IIRC? NO ASSETS other than vehicles and that stupid Mickey trailer. Slick little game they have been playing. Meanwhile taking months of vacations every year, building custom outdoor living spaces, remodeling their home, buying a new vehicle last year.

You must be so very proud of your daughter PC.

 

[Ghostwheel]

That statement sounds like they lied on annual forms for those 7 years.

The IRS only goes back 7 years. So they could have lied for longer than that, or only during part of those years. They were charged with "obtaining signature or property under false pretenses, value $10,000 or more" BBM. Which means at the minimum it was something valued at $10,000. That is Grand Larceny or Theft. Grand larceny of property or services valued at more than $10,000 is a felony punishable by a term of up to 10 years in prison, or a fine at the discretion of the court. (S. C. Code Ann. § 16-13-30(B).)
http://www.criminaldefenselawyer.com/resources/criminal-defense/crime-penalties/petty-theft-south-carolina-penalties-defense

So the penalty for $10,000 can be the same as for millions of dollars. Go figure.

I suppose I should have committed medicaid fraud so I could send my kids to college, if that's a good reason....but wait, I don't want to defraud the government or go to jail....:facepalm:

 

[Makaroni]

As a mom of 3, $10,000 does not begin to cover medical costs over a 6-7 year period! The charges are saying OVER $10k ... That's believable on a family of 5 in a 6-7 year period. They were milking the system for years, and taking extravagant vacations at the same time ... Ridiculous! Oh, and don't forget they were planning an additional child, according to her lawyer ... Yeah, OK! :facepalm:

 

[JaelynKL]

I knew they were doing something shady!!! Wait until the IRS gets a hold of them. These two make me sick! I work in health care. When I worked in assisted living we had to fight insurance companies tooth and nail for even basic things for our residence sometimes. People like these two are partly why. Don't get me started on our military and their benefits. Well you know the old saying, if you don't have anything nice to say.....

Sent from my celery phone using Tapatalk.

 

[jenn7575]

College?!? Funny. I'm sure if/when they crossed that bridge she intended to just lie again about their income to get financial aid. Again, which rightfully should go to someone else whose family doesn't have two incomes, a"beautiful two storied custom brick home" and can somehow find the money to take extravagant vacations a few times a year. Probably in Florida...since she can avoid out of state tuition with her Florida resident status. :facepalm:

 

[Wagara]

I doubt this had anything to do with Heather's death. I live in SC and I know lots of people who get medicaid. Its not that shocking around here and, to be honest, Heather probably knew lots of people who were on medicaid also. I would bet that many people I know wouldnt qualify if they were being truthful.

As for the waitress/tip income, Ive worked at two places where I calculated time cards for tipped employees. A lot of them only claim the difference in their paid wage and the minimum wage times the hours they worked. Meaning a waitress being paid 2.25 an hour for 10 hours would draw 22.50 on a check and would claim $50 (7.25 -2.25 x 10) in tips. Total pay reported would be 72.50. Anything made above that usually wasnt claimed. The only way the irs could catch it would be if the establishment created a daily sales tally, calculated 15% of the total, calculated hours per waitress, and included it in the allocated tips portion of their w2s. Neither of my employers did that. From what I saw as a former tax preparer this is the normal in this area.

Not defending TM in any way but underreporting tips is probably the least of her misdeeds!

 

[magnolia]

I doubt this had anything to do with Heather's death. I live in SC and I know lots of people who get medicaid. Its not that shocking around here and, to be honest, Heather probably knew lots of people who were on medicaid also. I would bet that many people I know wouldnt qualify if they were being truthful.

As for the waitress/tip income, Ive worked at two places where I calculated time cards for tipped employees. A lot of them only claim the difference in their paid wage and the minimum wage times the hours they worked. Meaning a waitress being paid 2.25 an hour for 10 hours would draw 22.50 on a check and would claim $50 (7.25 -2.25 x 10) in tips. Total pay reported would be 72.50. Anything made above that usually wasnt claimed. The only way the irs could catch it would be if the establishment created a daily sales tally, calculated 15% of the total, calculated hours per waitress, and included it in the allocated tips portion of their w2s. Neither of my employers did that. From what I saw as a former tax preparer this is the normal in this area.

Not defending TM in any way but underreporting tips is probably the least of her misdeeds!

BBM-

Same here. I have often wondered how several people I know qualify for medicaid. You're right. It's not that shocking.

 

[eileenhawkeye]

The IRS only goes back 7 years. So they could have lied for longer than that, or only during part of those years. They were charged with "obtaining signature or property under false pretenses, value $10,000 or more" BBM. Which means at the minimum it was something valued at $10,000. That is Grand Larceny or Theft. Grand larceny of property or services valued at more than $10,000 is a felony punishable by a term of up to 10 years in prison, or a fine at the discretion of the court. (S. C. Code Ann. § 16-13-30(B).)
http://www.criminaldefenselawyer.com/resources/criminal-defense/crime-penalties/petty-theft-south-carolina-penalties-defense

So the penalty for $10,000 can be the same as for millions of dollars. Go figure.

I suppose I should have committed medicaid fraud so I could send my kids to college, if that's a good reason....but wait, I don't want to defraud the government or go to jail....:facepalm:

I think if one is found guilty of fraud, the jury takes into account how much they stole when deciding what the punishment should be, along with other factors like whether were running a ring, how long it went on for, etc. I definitely think a healthcare professional who steals millions is going to get a longer sentence than someone who lies on their forms and receives a few thousand/year.

Dr. Emilio Louis Cruz, III, 61, of Carson, California, was sentenced today by United States District Judge Morrison C. England, Jr. to three years and two months in prison and ordered to pay $601,581 in restitution for his role in a conspiracy to commit Medicare fraud

http://www.fbi.gov/sacramento/press...s-in-prison-for-role-in-medicare-fraud-scheme

Wheeler filed $7.7 million in fraudulent claims and received $3.17 million, officials said.

Judge Ellen S. Huvelle, of the U.S. District Court for the District of Columbia, sentenced Wheeler to six years, three months in prison and $6.34 million in fines and restitution. Wheeler also received three years' probation and was banned from the healthcare industry.

http://www.mcknights.com/two-provid...es-for-medicaremedicaid-fraud/article/267424/

An Augusta-based optometrist who expanded a single office into a string of offices on both sides of the Savannah River will serve 33 months in prison for Med*icare fraud.

Defense attorney Pete Theo**docion challenged the government’s calculations that Sponseller defrauded Med*i*care of more than $441,000.

http://chronicle.augusta.com/news/c...enced-33-months-federal-prison-medicare-fraud

Yakima podiatrist was sentenced Tuesday to a year and a day of prison time following his December 2012 conviction on 32 counts of Medicare fraud.

Dr. Curtis Holden will also be required to pay $129,000 in restitution.

http://www.yakimaherald.com/news/latestlocalnews/1601300-8/yakima-podiatrist-gets-1-year-plus-1-day

A New York Supreme Court judge on Aug. 7 sentenced a township resident and previous owner of four New York pharmacies to one to three years in prison for bilking $7.7 million from the state’s Medicaid program, according to New York Attorney General Eric T. Schneiderman.

http://em.gmnews.com/news/2013-08-1..._receives_prison_time_for_Medicaid_fraud.html

U.S. District Judge George L. Russell III sentenced David Russo, age 62, of Hagerstown, Maryland today to 30 months in prison, followed by one year of supervised release, for health care fraud in connection with a scheme to defraud Medicare and Medicaid by billing for prescriptions that Russo knew were not written for a legitimate medical purpose.

For all these prescriptions, Russo improperly billed, and received payment for, over $109,207.26 to Medicare and at least $90,939.07 to Medicaid, with a total approximate loss of $200,146.33.

http://www.justice.gov/usao/md/news...nForHealthCareFraudForImproperlyBillingM.html

 

[Motherof5]

I highly doubt the Moorers took the money they saved in healthcare coverage for the previous six years, and stashed it in their safe every month.

The lawyer rushed to defend it and Tammy lied about it being gifted and saved for college tuition, because they are afraid it will be seized. They don't own any property, even the house is not in their name IIRC? NO ASSETS other than vehicles and that stupid Mickey trailer. Slick little game they have been playing. Meanwhile taking months of vacations every year, building custom outdoor living spaces, remodeling their home, buying a new vehicle last year.

You must be so very proud of your daughter PC.

I agree 100%. The saving for college cracked me up.:floorlaugh: Raise your hand if you think TM would...

A. Allow any money that could be spent on Disney vacations to be spent on something that may actually benefit her kids,such as a college education.

B. Put her kids before Disney vacations.

C. Refuse to use extra cash for Disney vacations.

D. Deny herself any and all Disney vacations possible.


Example of Disney before her kids. TM posted on her Dis boards that they were finally able to make their dream come true and go on this particular Disney cruise. However, the ship only had room for 4 and she claims that her oldest son "volunteered" to stay behind. She ended up spending over $300.00 on him to get him to "volunteer" to stay home while she and the rest of the family sailed away. TM gets what she wants one way or another and her needs are first...always.


Post # 255
In January the perfect opportunity arose for us to sail on the Wonder. This was a last second trip, literally. I booked and sailed within 72 hours. It wasn't even that long I don't think. The ship only had room for four of my five to cruise so my oldest son volunteered to stay home. (I had to work out a deal and he spent $300+, but four of us were headed to Miami!) I was a little concerned about sailing on an older ship after being on the new ones. I was excited to go though, and no matter what we would make the best of it.

http://www.disboards.com/showthread.php?t=3011143&page=17

 

[southerncat]

BBM-

Same here. I have often wondered how several people I know qualify for medicaid. You're right. It's not that shocking.

It's not shocking. I determine eligiblity for medicaid for a living. What is shocking is the amount of people who commit fraud to receive the benefits. Getting free medical and snap benefits while bragging about their beach vacations and new cars on fb.

Even with all the fraud that is committed, I am glad this assistance exists. There are so many people who are in true need and appreciate anything they get.