A Fulton County Grand Jury indicted Dimitrius Franks, of Fairburn, Georgia, on one count of Medicaid Fraud (O.C.G.A. § 49-4-146.1(b)(1)), three counts of Computer Theft (O.C.G.A § 16-9-93(a)), and three counts of Theft by Taking (O.C.G.A. § 16-8-2) on December 20, 2011.

Franks was independently contracted by a physician’s office, a Medicaid provider, as the company’s office manager and Medicaid claims biller. In his capacity as the Medicaid claims biller, he was responsible for submitting all claims for medical services rendered by the office to a Care Management Organization (CMO) for payment. Franks performed a substantial portion of the Medicaid billing from his residence in Fulton County, Georgia.

The indictment alleges that on or about March 10, 2008, and continuing through on or about October 4, 2008, Franks, unbeknownst to the physician, changed the bank account to which all CMO medical assistance payments were electronically transferred from the office’s business account to his own personal bank account, making Franks the sole recipient of all claims paid by the CMO. During this time period, Franks submitted numerous false claims to the CMO and unlawfully and intentionally obtained and accepted payments in the approximate amount of $65,583.52, an amount he was not entitled to receive, for medical services allegedly provided by the physician.

Additionally, the indictment alleges that Franks, who was a 1099 contracted employee, filed false W2 forms with the State of Georgia asserting that he had paid taxes for tax years 2006, 2007 and 2008, when he in fact he had not paid any taxes in those three years. Because of his allegedly false tax returns, Franks was able to receive a refund from the Georgia Department of Revenue even though he had not paid taxes in over three years.

Medicaid Fraud is a felony punishable by up to ten years in imprisonment and a fine of $10,000.00, Computer Theft is a felony punishable by up to 15 years in imprisonment and a fine of $50,000.00 and Theft by Taking is a felony punishable by up to 10 years imprisonment and a fine of up to $100,000.00.

Assistant Attorney General Jorge Correa is prosecuting the case on behalf of the State of Georgia. The case was investigated by Investigator Johnny Brooks, Investigative Auditor Judith Ann Cooper and Analyst Zwella Boyd, all of the Georgia Medicaid Fraud Control Unit.

Members of the public should keep in mind that indictments contain only allegations against the individual(s) against whom the indictment is sought. A defendant is presumed innocent until proven guilty, and it will be the government’s burden at trial to prove the defendant guilty beyond a reasonable doubt of the allegations contained in the indictment.